Kitabı oku: «Secrets of the Late Rebellion», sayfa 9

Mr. A. was an old resident of Alexandria, and for many years had been engaged in business as a hardware merchant He was a Virginian by birth; a man of general good character, a hearty secessionist, and would have gone when the others left, only that his family and his business were in such condition that the one could not be removed, nor could the other be closed without very great discomfort and a large sacrifice. He therefore concluded to take his chances of remaining, and did remain.

Mr. B. had been a resident of Alexandria for several years. Had been one of the builders, and was then superintendent, of the gas-works of that city. He was a New Englander by birth, and an earnest Unionist from the day the contest opened between the North and the South. Though a very quiet man, and never speaking upon political or warlike matters, except when in situations where he must speak or show cowardice, yet when thus compelled to speak he never failed to express his honest sentiments.

Messrs. A. and B. had been warm personal friends for several years, the latter purchasing all the hardware needed for the gas-works of the former, and being in his store frequently, as well for pastime as on business. Until the war commenced there had never been a word of difference between them, and since it commenced they had rarely spoken upon the subject, for each well knew the others sentiments, and neither desired a rupture of friendly relations. On the day in which a rupture did occur, Mr. B. went to Mr. A.'s store to make a purchase of some article, when in some way the conversation between them turned upon the war. For some cause Mr. A. seemed to be in a specially bad-humor that day, and very soon commenced to use most violent language toward the "Yankees" and the Union troops. Mr. B. replied, at first very mildly, but one word led to another, until erelong both became angry and talked loud. All of a sudden Mr. A., who was a large, powerful man, seized Mr. B., who was a much smaller, weaker man, by the throat, and hurled him to the floor. Then, seizing a large butcher-knife which chanced to lay upon the counter, he held it threateningly over B.'s breast, and said he would kill him instantly unless he would promise not to report the conversation they had had and the difficulty following it to Provost-Judge Freese. Of course, such noise and confusion brought others into the store, and before the promise could be exacted others had seized and dragged Mr. A. from off his prostrate antagonist. Mr. B. went from the store direct to military headquarters and reported all that had occurred to Judge Freese. A formal statement, as detailed by Mr. B., was then drawn up by the Judge and subscribed and sworn to by Mr. B. It was then afternoon, and too late to try the case that day. The Judge, therefore, issued an order to the Provost-Mar-shal to arrest Mr. A. at once, lock him up in the county jail, and bring him before the court next morning at ten o'clock – all of which was done precisely as ordered. The arrest of so prominent a man as A. spread throughout the city at once. Before sundown there was scarcely a man or a woman in the whole city who did not know of it, and General Montgomery was besieged by Mr. A.'s wife, by his daughters, and by several of his secession friends to order his release at once. The General, having learned the facts from his Adjutant, only replied that "things must take their course; that the trial, and that only, could develop whether Mr. A. was guilty or not, and, if he was, he could not and would not interfere with the Judge in the infliction of a proper punishment, however much he regretted the difficulty and sympathized with those who were afflicted by it."

The next day the court-room was crowded in every part, and promptly at ten o'clock the crier announced the court open for business. After all the other cases had been disposed of, that of Mr. A. was called. The witnesses, both for the prosecution and for the defence, were examined carefully and patiently by the Judge and by the defendant. Then the defendant was invited to say whatever he could in his own defence. The defendant had a lawyer present to suggest and prompt him, but the lawyer would not appear as his formal attorney, for the reason that some time before the Judge had announced that, as that was a United States court, no lawyer could appear in it, as attorney for another, unless he would take, if asked, the oath of allegiance to the United States Government, and the lawyer present being an avowed secessionist, he well knew that if he attempted to act as an attorney for his friend A., he would at once be tendered the oath of allegiance to take or refuse. He therefore contented himself with whispering in his friend's ear, without presuming to appear as his attorney. The facts, as heretofore stated, were all proved beyond any possible doubt. Indeed, the defendant himself scarcely made a denial of any one of the statements made by Mr. B. He only pleaded, in extenuation, that he had no ill-will towards Mr. B., and that whatever was said or done was from an excess of passion for the moment, which he could not control; that he greatly regretted all that had happened, and would promise the court that the like should never happen again. He also produced several witnesses to prove his previous good character.

Before pronouncing sentence, the Judge took occasion to say that the court had been organized for the special purpose of maintaining the peace of the city. That, in the absence of all other courts, this was the only judicial power to which citizens of Alexandria could look for the protection of their lives and their property, and in this respect it was as much of a protection to the avowed secessionist as to the Unionist; that the lives and the property of the one or of the other were equally under the protection of the court. While, he added, the court could not, and would not, recognize secession as a legal right, and while no secessionist, as such, could have any legal standing in that court, professionally or otherwise, yet the court would, at all times and under all circumstances, use whatever power it possessed to protect the lives and property of avowed secessionists. If, then, it was thus ready to protect secessionists in their personal and property rights, certainly it should not be less willing to protect Unionists. Nor would it be less ready to protect Union men so long as he remained the Judge of the court. In conclusion, the Judge said that, in consideration of Mr. A.'s previous good character, in the absence of all premeditation, and in consideration of other extenuating circumstances surrounding the case, he would make the sentence of this defendant very light, but gave fair warning, then and there, to all the residents of Alexandria, and to such as came within the jurisdiction of the court, though not residents of the city, that should there be any further assaults upon Union men, whether by word or by act, the court would punish the offender with much greater severity. He then sentenced Mr. A. to pay a fine of five hundred dollars, and to stand committed to the county jail until the fine was paid. "Of course," the Judge added, "this does not relieve Mr. A. from the payment of damages to Mr. B. for any injuries he may have sustained at the hands of A., and for which he may choose to prosecute in an action for damages." The court then adjourned, and Mr. A. was ordered back to the county jail until the fine was paid.

Mr. A. and his friends were very indignant at the sentence; said it should never be paid; that he would rot in the jail first; that they would appeal to General McClellan, to the President, to the Cabinet, to Congress; but to all such threats the Judge only replied, when they came to his ears, "He shall have all the opportunities he wants for appeal, but until the fine is paid, or the judgment set aside by a higher authority, he must remain in jail." That afternoon and evening every possible effort was made with General Montgomery and with Judge Freese to have him released on bail, but without avail. Next day, when the court opened, a friend of Mr. A. was present with five hundred dollars in silver, which he paid down, and thereupon received an order from the Judge for Mr. A.'s release from jail. That money, as all other received by the court for fines, and not used for feeding the prisoners and other incidental court expenses, was deposited with the United States Treasurer, at Washington, to await such further action as might be had in this or in any other case.

In pursuance of their threats, Mr. A. and his friends at once went to work to have the fine refunded, and finally, after several months' effort, succeeded in getting General McClellan to issue an order on General Montgomery for the refunding of the money. This was done by an order on the United States Treasurer for the five hundred dollars.

Mr. A. got his money back, but neither he nor any other secessionist of Alexandria ever again made an assault, with threat to kill, upon a Union man; nor did any Union man make a like assault or threat upon a secessionist. And, better still, it had the effect to convince every secessionist that Judge Freese's court was no respecter of persons; that while it punished such of the poor as violated the law, it was no less ready to punish the rich; and that a Union man in Alexandria would be protected by the court with as much vigilance as one could possibly be in New York or Philadelphia. The refunding of the fine, however, proved that General McClellan and his advisers, while pretending great love for the Union, were largely in sympathy with the secessionists, and would, so far as they could, undo anything the Provost-Court might do in punishing rebels and protecting loyal men. General Montgomery and Judge Freese, being convinced that such would thenceforth be the policy of General McClellan and his advisers, tried thereafter to so shape the proceedings of the court that General McClellan should know as little about it, and have as little to do with it, as possible – believing (as afterwards proved true) that he would not only thwart its proceedings, but really abolish the court altogether, whenever he could see that he could do so without calling down upon himself and political associates condemnation from the administration.

Thus has been stated the how and why of the organization of the Provost-Court at Alexandria; some of the details of its workings, so far as appertained to its municipal or police duties; its happy effect upon the comparative quiet of the city; and its restraining power on the belligerent disposition of some of its citizens. What other powers the court was called upon to exercise, and how it exercised them, will be reserved for future chapters.

CHAPTER XII. JUDGE FREESE'S "BAYONET COURT" OTHER POWERS, AND HOW EXERCISED

HARDLY had the Provost-Court at Alexandria been organized before reporters for Northern journals began to call upon the General and upon the Judge for details of its doings, and soon thereafter reports, to a slight extent, of its operations began to appear in some journals under the caption of Judge Freese's "Bayonet Court" – the same as placed at the head of this chapter. One illustrated paper of New York city had a full-page cut, representing the Judge upon the bench in military uniform, with his clerk sitting at his right, and his sword laying upon the desk at his left, with guards standing at attention, each with musket and fixed bayonet; with a score or more of prisoners in the dock, all with woebegone faces; with the Provost-Marshal, in full uniform, standing in front of the Judge, awaiting his orders; with lookers-on all about; and with all the other paraphernalia of a crowded city court-room.

It was not for show, by any means, that the Judge rode to the court in uniform, with loaded revolvers in his holsters; nor was it for show that he sat upon the bench in uniform, and had guards about him with loaded muskets and fixed bayonets. Almost from the day that the court commenced its sittings, the secessionists who remained in Alexandria began to sneer at the court, and some even went so far as to threaten the Judge with assassination.

These facts were communicated to the Judge by friends, and through secret detectives, whom the Provost-Marshal had employed to watch every movement in the city. It was, therefore, literally true that the Judge "carried his life in his hand" every moment, and was liable to assault and attempted assassination every time he rode to the court-room, every time he took his seat upon the bench, every time he walked the streets. But a still greater reason for this display of power, and of constant readiness to meet every emergency, was, that the inhabitants of the city might be impressed with the power of the court, and the source from which it derived that power – namely, the military. Without such impression of power among the citizens, the orders of the court would not have been respected and obeyed, and twice, if not four times, the number of guards would have been needed to enforce its orders and maintain quiet in the city. To relate a few of the cases which came before the court, under this particular head, will better illustrate the facts above stated than any amount of theorizing.

One day, the General informed the Judge that, as he was passing along King Street, two females, dressed as ladies, overtook and passed him, and, as they passed, they gathered up their skirts and held them from him, and made other signs of derision and contempt, as though he, the General, was the vilest of all vile creatures. After they had passed, he inquired of a citizen and learned that they were the wives of two noted secessionists, who still remained in the city.

About the same time several officers, and quite a number of the guards, told the Judge that, while the men of the city treated them with entire respect, the women and the children of secession citizens insulted them almost daily – the women by various acts of contempt, and the children by calling them vile names and throwing stones at them. They had borne, they said, these things a long time without seeming to notice them, and without complaint; but the longer and more they forbore, the oftener and viler became the insults, and they could stand it no longer without making complaint to the court.

The Judge thereupon announced in open court, that from thenceforth any woman, or any child, who offered an insult, or threw a stone or other missile at any officer or soldier upon the public streets, should be promptly arrested and inquired of as to who was their husband, father, brother, or other near male relative. That, if the guard making the arrest was not entirely satisfied as to the truthfulness of the answers made, the woman or child should be at once brought to the office of the Provost-Marshal or of the Judge, for such further questioning and disposition as either might deem proper in the case. That, upon ascertaining, without doubt, the name and whereabouts of the husband, father, or brother, the woman or child should be dismissed, and the husband, father, or brother of the one offending should be immediately arrested, locked up in jail until next day, and then brought before the court for trial and sentence. Or, if the woman arrested proved to be a courtesan, or, if the child had no father or adult brother who could answer for him or her, then the woman herself, or the child, should be locked up in jail until the next day, and then brought before the court for trial and sentence.

Within twenty-four hours after this order was promulgated from the bench, it was known to every man, woman, and half-grown child of the city. Of course, there were deep mutterings, some cursing, and not a few threats, especially against Judge Freese, but the effect was wonderful and immediate. So wholesome a dread did it produce on the minds of those who had been offering such insults, daily, and almost every hour of the day, that there was only one instance in which the order had to be executed. That was the case of a child, who called vile names and threw stones at one of the guards, while at his post. The child was promptly arrested, the name of his father ascertained, the child dismissed, and the father at once arrested and locked up until next day. When brought before the court, the father proved one of the most pronounced secessionists of the city, and, instead of apologizing for the rude acts of his son, rather approved of what he had done. The Judge tried to reason with him as to the impropriety of such conduct towards any one, and especially towards a guard, whose duty and business it was to protect the lives and property of secessionists no less than of Unionists. But the longer the Judge reasoned, the more obstinate the defendant became, until finally the Judge said he would have to make a slight example in his case, and thereupon sentenced him to ten days in the county jail – promising that the next person arrested for a like offence should receive a sentence doubly, if not quadruply, as great. The news of the arrest and sentence was speedily known in every house of the city, and from thenceforth no other arrest was necessary for a like offence. The recognized power of the court had done the work, with but one arrest and punishment as an example. But for this recognized power, at least a hundred arrests would have been needed before the evil could have been abated.

Another instance of the recognition of the power of the court was as follows: One of the Episcopal ministers of the city was known to be in the habit of omitting the prayer for the President of the United States, found in the morning service of the Episcopal prayer-book. The fact was told to the Provost-judge, and he was asked by some over-zealous Unionists to send a note to the minister, requiring him to use the prayer, or be subject to arrest in case he refused. The Judge declined to do any such thing – telling his informants, that whether the minister used that prayer or not was purely a matter of conscience, and that it was no part of his business, or the business of his court, to interfere in matters of conscience; that he fully agreed with Roger Williams in the opinion, that the civil or military authorities of a town, city, or state, "have no more right to command over the souls and consciences of their subjects than the master of a ship has over those of his passengers or the sailors under him, although he may justly see to the labor of the one, and the civil behavior of all in the ship;" that so long as the Episcopal minister, and those who attended his church, deported themselves as quiet citizens, attending to their own affairs and not interfering with the affairs of others, no matter what might be their sentiments on religious or political affairs, they were entitled to protection in their persons and property, and should have it.

Those who reported the minister and desired his arrest were not at all pleased with Judge Freese's reply, and tried hard to get up some feeling against him among the Union men of the city; but utterly failed in the attempt. The Judge's Union sentiments were too well known, and had been too often tested, to allow any one who knew him to doubt him for a moment. Failing to make any impression against the Judge among the Union men of the city, these over-zealous busybodies next tried their hands among the officers of troops which lay about the city. It chanced, just at that time, that a regiment of Illinois cavalry was encamped on the outskirts of the city, whose officers were known to be among the most violent abolitionists of the country; men who believed, or pretended to believe, that no man who lived in a slave State had any rights which a Union man was bound to respect – not even the right of conscience. To these officers these busybodies told the story about the Episcopal minister omitting the prayer for the President in the morning service of the prayer-book; and also of their having told the whole thing to Judge Freese, and of his refusing to issue an order to the minister to use the prayer or be subject to arrest.

One of their listeners, the Lieutenant-Colonel of the regiment, became so interested in their story as to volunteer at once to bring the recusant minister to speedy justice; nor did he care "a snap of his finger for Judge Freese, or for any other judge." Several other officers of the regiment volunteered to join him, and the plan agreed upon was that, on the following Sabbath, they would all attend the Episcopal service, and when the Rev. Doctor came to the part where the prayer for the President occurs, in the "morning service," if he failed to read it, the Lieutenant-Colonel would arise in his seat and demand that it be read, and if the minister refused, then to arrest him, and take him to the general headquarters. According to appointment, the Lieutenant-Colonel and his friends were at the church on the following Sabbath morning. The congregation was not large, but those present seemed to be unusually devout. The sexton had given the Lieutenant-Colonel and his friends seats in about the centre of the church. The service was opened in the usual form. The "general confession" had been repeated, all kneeling; the "declaration of absolution" had been pronounced; the Lord's prayer said in a clear but subdued voice; the "Venite Exultemus Domino" had been sung by the choir; the portion of the Psalms appointed for the day read; the "Te Deum Laudamus" sung; the lesson from the New Testament, according to the calendar, read; the Apostles' Creed repeated; and the prayers were being read, when, all of a sudden, a stentorian voice was heard, saying, "I demand, sir, that you read the prayer for the President of the United States." Had a cannon-ball burst through the walls of the church and fallen upon the floor just at that instant, greater surprise would not have been created. For a moment the minister stopped in his prayers. Part of the congregation arose from their knees to their feet and looked wildly around. Some of the more nervous of the ladies burst into tears. Confusion worse confounded seemed to pervade the whole congregation. So soon as the minister recovered self-possession, he commenced to read the prayer "for the clergy and people," when again a voice, louder than before, sounded throughout the church, saying, "I demand, sir, that you read the prayer for the President of the United States." Again the minister stopped, and again confusion prevailed for some moments. When quiet again prevailed, the minister, without having made any answer whatever to the two former requests, commenced to read the prayer for "all conditions of men," when again the demand to read the prayer for the President was repeated in a still louder and more threatening tone. The minister then arose from his knees, and, looking towards the Lieutenant-Colonel, said, "My conscience will not allow me, at this time, to read that prayer, and the congregation who statedly worship in this church have requested that I should not read it while the war between the North and the South continues."

"Then, sir, you shall read no others while the war continues, and I now arrest you on the charge of treason," said the Lieutenant-Colonel.

This, of course, still further increased the astonishment and confusion of the congregation. For a few moments every one seemed utterly dumbfounded. Meanwhile the Lieutenant-Colonel and his party left their seats, advanced near the altar, and told the minister he must accompany them to the general headquarters. The minister asked whether he might not first go to the vestry-room to lay aside his surplice and gown. The Lieutenant-Colonel answered, "No; come as you are." He then came out from the chancel, joined his arresters, and, in full canonicals, without hat or cap, marched with them through the streets, several squares, to the general headquarters.

All this had been done without any knowledge whatever on the part of General Montgomery or Judge Freese, nor could any two have been more astonished than they were on seeing the minister and hearing the story of his arrest. The General was annoyed beyond measure, and, for a time, hardly knew what to say or to do. The Judge was decidedly more self-possessed, but, of course, said nothing. The General, turning to the Judge, asked him if he had heard anything of the case before. The Judge then told the General all that he had known, and all that he had said about it, as has been heretofore detailed. As he, the Judge, had done nothing, and had refused to do anything, concerning it, of course he had made no report of it to the General, since there was nothing to report. The General, turning to the Lieutenant-Colonel and his party, said that he entirely agreed in sentiment with his Assistant Adjutant-General; that there was no reason, not the slightest, for the arrest of this minister; that every officer engaged in the arrest had made himself liable to be put in arrest, and tried by court-martial, for doing that which he had no right to do as a military man; and that the minister, upon complaint to the Provost-Judge, might have every one of them arrested and tried by the Provost-Court for assault and for a disturbance of public services. In conclusion, the General discharged the minister from arrest and told him that he might go to his own home, when, turning to the cavalry officers, he said, "The sooner you can get back to your own quarters, and the closer you remain there hereafter, the better will it be for you."

As might have been expected, all this created a great amount of excitement on the streets and about the headquarters. The minister in his white robes, in charge of several officers in full uniform, and with the entire congregation following after, was such a sight as had never been seen in Alexandria before. Everybody – men, women, and children – who saw it, followed after, until, when the headquarters were reached, there were several hundred persons present. When the General's decision in the case became known to the crowd, there was a general approval, as much among Unionists as among secessionists; but to this there were some exceptions. The officers and their informers, who had been balked in their mad purposes, felt chagrined and angry, and left the headquarters with scowling faces, as though still bent on mischief. The General and the Judge went to their private quarters, in a building across the street, nearly opposite to the general headquarters. They supposed the trouble ended, and that they should hear nothing more of it.

In about an hour thereafter, when the General and the Judge had just risen from their mess-table, an orderly came rushing into their quarters, to say that a large crowd of cavalry officers, soldiers, and citizens were gathered about the Episcopal church, on E Street (the one in which the minister had been arrested), and that they were threatening to burn it. The General at once buckled on his sword, and told his Adjutant to do the same. Both put their revolvers in their belts. The Judge then told the orderly to hasten to the Provost-Marshal's office, and tell him to come himself, and bring as many officers and men with him as possible to the Episcopal church on E Street,'and there await further orders from the General or himself. The General and the Judge then went to the church in all possible haste, and found, as had been told them, several hundred soldiers and citizens gathered about it. In a little while after, the Provost-Marshal, with a considerable number of his guard, appeared on the ground. "Burn it! burn it! burn it!" with intermingling oaths, could be heard every now and then from the mouths of half-crazed cavalry soldiers. The General and the Judge worked their way through the crowd, and took their stations directly in front of the church. The Provost-Marshal and his guard also worked their way through the crowd to the same place. The General then told the Judge to command the peace, in as loud a voice as he could. The Judge did so, and then added, "If any one attempts to set fire to this church, he will be shot down at once – and all persons, whether soldiers or citizens, who are found within five hundred yards of this church building after thirty minutes shall have expired, will be arrested by the provost-guard, put in jail until to-morrow, and then brought before the Provost-Court for disturbing the peace and violating the sanctity of the Sabbath." Scarcely had the Judge finished his proclamation, before the crowd commenced to move off, and before the thirty minutes had expired not a soldier or citizen could be seen on the street, save the General and his party. Guards were then stationed at every approach to the church, with orders that they should be regularly relieved and the stations maintained until otherwise ordered.

There was no other attempt to set fire to that church, nor to any other in Alexandria, after that, so long as "Judge Freese's bayonet court" continued to have an existence – nor could there have been a more signal instance to exemplify the acknowledged power of the court than the one just related. The cavalry regiment spoken of numbered over one thousand officers and men, nearly every one of whom held sentiments much the same, if not precisely the same, as the Lieutenant-Colonel. Within a circle of a few miles were dozens of other regiments, nearly all of whom held similar sentiments. Had that one church been burned on that day, probably every other church and two-thirds of all the buildings in the city would have been burned during the following thirty days. To prevent that church from being burned, there were present not more than fifty officers and men, as against at least one thousand of an opposite sentiment. In physical power the one was as nothing to the other; but, after the Judge had finished his announcement, there was not one of the thousand who stopped for a moment to question the power of which the Judge was the representative. Had a like power existed, and had a like power been exercised in other cities of the South occupied by Union troops, how many millions upon millions of dollars' worth of property might have been saved from the flames!