Circa1865

Fort Fisher, January 2017

This weekend the Fort Fisher historic site near Kure Beach, North Carolina observes the 152^nd anniversary of the second Northern attack that succeeded in capturing the fort after a massive bombardment of 50,000 shells which killed or wounded 500 or so mostly-North Carolinians who fought valiantly from traverse to traverse before capitulating. Those taken prisoner by the enemy were shipped northward to frigid prisons in New Jersey and New York – the latter infamously referred to as a death camp.

Many people visiting Fort Fisher note that it can be an eerie experience – like walking the fields of Appomattox and sensing the death-knell of liberty and independence it is known for.

The State employees of the historic site will hold events of blue-clad troops splashing ashore to free North Carolinians from the yoke of independence and self-government, as well as waving the US flag from the top of captured cannon traverses. The red, white and blue flags of the North Carolinians will be minimized if shown at all. Rather than note that most of the defenders were North Carolina farmers from surrounding counties, the fort and media will refer to them as merely “Confederates.”

Often noted during these observances is the enemy soldier who fell out of ranks to visit his mother’s home — as his brother was fighting to defend his country in a grey uniform.  And few seem to comprehend that this wayward North Carolinian in blue is the very definition of treason, of aiding, abetting and going over to the enemy.

Also, what is usually not discussed at events like this are the sectional differences of that era and multitude of reasons why the South was invaded, and the important aftermath of that battle for the fort. What really happened in mid-January 152 years ago was the ending of an American struggle for freedom and independence, the consent of the governed to rule themselves, and the equivalent of Washington surrendering to British forces at Yorktown.

What happened after the fort fell is very important to remember, especially as one looks at the blue-clad reenactors splashing ashore waving their flag on what was then foreign soil to them. What was their true purpose?

After the fort was overwhelmed and silenced, the 10,000-man enemy army marched toward Wilmington in two columns and after some spirited skirmishes, captured the city, imposed martial law, seized private property, and forced citizens to swear allegiance to a foreign government in order to conduct their businesses.

When the enemy departed Wilmington, they moved to join other enemy forces coming into North Carolina from South Carolina and from occupied New Bern. At Bentonville the combined enemy outnumbered Southern forces 4 to 1 — who fought them to a standstill – they then moved on to capture Raleigh, arrest and imprison the governor, and impose military rule on North Carolina. Think of the French capitulation to Germany in 1940.

After the surrender of Southern forces in May, 1865 at Bennett Place, the “reconstruction” of the South lasted until 1877 – some say it never ended — though without armies and without as much gunfire. North Carolina endured rule by a new State constitution imported by a military consul appointed from Washington, and corrupt local men who sought employment with the late enemy. The new imported constitution settled the secession issue for good by stating that North Carolina will never again seek independence or political freedom from the United States Government.

Understandably, July 4, 1865 in occupied Wilmington was a muted affair, celebrated only by locals collaborating with the enemy and newly-freed blacks who were unaware that they had only changed masters.  Blue-clad sentries still patrolled the streets to ensure the rebellion did not re-ignite; then came the vultures known as “carpetbaggers.”

Former Governor Zebulon Vance described the aftermath of war in North Carolina in 1890:

“The carnival of corruption and fraud, the trampling down of decency, the rioting in the overthrow of the traditions of a proud people, the chaos of hell on earth which took place beggars the descriptive powers of plain history . . . I believe a committee of Congress, who took some testimony on this subject, estimated in 1871 the amount of plunder which was extracted from the Southern people in about 5 short years — some $300 millions of dollars in the shape of increased debt alone, to say nothing of the indirect damage inflicted by the many ways of corruption and misrule which cannot be estimated in money.”

The fall of Fort Fisher and ultimate surrender at Bennett Place led to the carnival of corruption that Vance illuminated. We should remember what occurred at Fort Fisher in mid-January 1865 for what it was and what it led to — the ending of an American struggle for freedom and independence, the consent of the governed to rule themselves. This is the sad fact that we should observe, and be cognizant of when gazing at the great earthen fortress.

Bernhard Thuersam

New England, and Massachusetts in particular, was supplying the French as General James Wolfe was enroute to the Plains of Abraham in 1759. In 1814 and the United States at war with the British, New England’s Federalist Party refused troops to repel the enemy, contemplated a separate peace with England, and came near secession from the Union in the December, 1814 Hartford Convention.

Bernhard Thuersam, www.Circa1865.com

Jefferson Reflects Upon Massachusetts

“Oh Massachusetts! How I have lamented the degradation of your apostasy!

Massachusetts, with whom I went with pride in 1776, whose vote was my vote on every public question, and whose principles were then the standard of whatever was free or fearless. But she was then under the counsels of the two Adams’; while Strong, her present leader, was promoting petitions for submission to British power and British usurpation.

But should the State, once more, buckle on her republican harness, we shall receive her again as a sister, and recollect her wanderings among the crimes only of the parricide [Federal] party, which would have basely sold what their fathers so bravely won from the same enemy. Let us look forward, then, to the act of repentance, which, by dismissing her venal traitors, shall be the signal of return to the bosom, and to the principles of her brethren; and, if her late humiliation can just give her modesty enough to suppose that her Southern brethren are somewhat on par with her in wisdom, in patriotism, in bravery, and even in honesty, although not in psalm-singing, she will more justly estimate her own relative momentum in the Union.

With her ancient principles, she would really be great, if she did not think herself the whole.”

(Letter to General Henry Dearborn, March 1815; The Jeffersonian Cyclopedia, Funk & Wagnall’s Company, 1900, pg. 5)

Like other conquered Southern States, South Carolinians at the close of the war found themselves within a Union not of their choosing, yet they we not “of” this Union. Their governor was a prisoner of war, they were under martial law, and would be soon under the rule of their former servants.  The Robert Small (or Smalls) mentioned below is credited with the theft of the steamer Planter during the war, and delivering it to the Northern fleet which was aiding and abetting the enemy, and treason against South Carolina.

Bernhard Thuersam, www.Circa1865.com

South Carolina’s Legislature of Crooked Aliens

“In the [postwar South Carolina] Senate Chamber sat Major Corbin . . . a captain of Vermont troops badly wounded in the war and for a time in Libby prison, he had remained in military service until the end of the war and was then ordered to Charleston in charge of the Freedmen’s Bureau.

In the same body with Major [David T.] Corbin sat Robert Small, who while still a slave had won national fame as a pilot by running the Planter out of Charleston harbor to the Federal fleet. Some of the local black folk said that he did this in fear and trembling at the mouth of a loaded pistol leveled by a braver and more determined slave, one who never shared in the fame of the Planter exploit and was big enough not to care to.

Another of those South Carolina Senators was Beverly Nash. Black as charcoal . . . he was the perfect type of the antebellum ideal of a “white gentlemen’s colored gentleman.”

Besides those three . . . Senators, there was Leslie, once a member of the New York legislature, shrewd, crooked and cynical. And there was  [B.F.] Whittemore [of Massachusetts], who had got national notoriety while in Congress by selling a West Point cadetship for money instead of the customary price which was influence.

For the rest, the Senate floor was occupied by whites and blacks . . . But there was nobody of the old romantic type of South Carolina aristocrat. At the president’s desk sat a Negro, Lieutenant-Governor A.J. Ransier, who presided with dignity . . . A year or two before he died and [he was] working as a street cleaner in Columbia . . .

In the [House] chamber at the other end of the capitol building . . . were a great body of members, mostly Negroes. The body as a whole was in a legislative atmosphere so saturated with corruption that the honest and honorable members of either race had no more influence in it than an orchid might have in a mustard patch.”

(A “Carpetbagger” in South Carolina, Louis F. Post; Journal of Negro History, Carter G. Woodson, editor, Volume 10, January 1925, excerpts, pp. 15-17)

Clearly defined in the United States Constitution is this: “Treason against the United States, shall consist only of Levying war against them, or in adhering to their Enemies, giving them Aid and Comfort . . .” Note the word “them” – not the United States collectively, and that John Brown was convicted of treason against Virginia.  Though Lincoln’s predecessor did not agree with secession, he saw no constitutional authority to coerce a State, and knew that to wage war against a State was treason. Lincoln had no such inhibitions. The following is excerpted from a letter from Jefferson Davis to Mississippi newspaper publisher and war veteran J.L. Power, dated June 19, 1884.

Bernhard Thuersam, www.Circa1865.com

A Palpable Violation of the Constitution

“Dear Sir,

[From] the statement in regard to Fort Sumter, a child might suppose that a foreign army had attacked the United States – certainly could not learn that the State of South Carolina was merely seeking possession of a fort on her own soil, and claiming that her grant of the site had become void.

The tyrant’s plea of necessity to excuse despotic usurpation is offered for the unconstitutional act of emancipation, and the poor resort to prejudice is invoked in the use of the epithet “rebellion” – a word inapplicable to States generally, and most especially so to the sovereign members of a voluntary union. But, alas for their ancient prestige, [the States] have even lost the plural reference they had in the Constitution . . . Such language would be appropriate to an imperial Government, which in absorbing territories required the subject inhabitants to swear allegiance to it.

Ignorance and artifice have combined so to misrepresent the matter of official oaths in the United States that it may be well to give the question more than a passing notice. When the “sovereign, independent States of America,” formed a constitutional compact of union it was provided in the sixth article thereof that the officers “of the United States and of the several States shall be bound by oath or affirmation to support this Constitution . . .”

That was the oath. The obligation was to support the Constitution. It created no new obligation, for the citizen already owed allegiance to his respective State, and through her to the Union of which she was a member.

The conclusion is unavoidable that those who did not support, but did not violate the Constitution, were they who broke their official oaths.

The General Government had only the powers delegated to it by the States. The power to coerce a State was not given, but emphatically refused.

Therefore, to invade a State, to overthrow its government by force of arms, was a palpable violation of the Constitution, which officers had sworn to support, and thus to levy war against States which the Federal officers claimed to be, notwithstanding their ordinances of secession, still in the Union, was the treason defined in the third section of the third article of the Constitution, the only treason recognized by the fundamental law of the United States.

By all that is revered in the memory of our Revolutionary sires, and sacred in the principles they established, let not the children of the United States be taught that our Federal Government is sovereign; that our sires, after having, by a long and bloody war, won community independence, used the power, not for the end sought, but to transfer their allegiance, and by oath or otherwise bind their posterity to be the subjects of another government, from which they could only free themselves by force of arms.”

Respectfully, Jefferson Davis”

(Jefferson Davis, the Essential Writings, William J. Cooper, Jr., editor, Modern Library, 2003, excerpts, pp. 431-432)

Jefferson Davis referred to Lincoln’s proclamation of emancipation in early 1863 as affording “our whole people the complete and crowning proof of the true nature of the designs of the party which elevated to power the present occupant of the Presidential chair at Washington and which sought to conceal its purpose . . .” Davis, like others familiar with the United States Constitution, saw that only the individual States could emancipate, not the government created by the States. And waging war upon the States was an act of treason under that same Constitution.

Bernhard Thuersam, www.Circa1865.com

For What are They Waging War?

January 5, 1863

“Friends and Fellow Citizens . . .

I am happy to be welcomed on my return to the Capital of our Confederacy – the last hope, as I believe, for the perpetuation of that system of government which our forefathers founded – the asylum of the oppressed and the home of true representative liberty.

Anticipating the overthrow of that Government which you had inherited, you assumed the right, as you fathers had done before you, to declare yourselves independent, and nobly have you advocated the assertion which you have made. You have shown yourselves in no respect to be degenerate sons of your fathers.

Men who were bound to you by the compact which their fathers and themselves had entered into the secure to you the rights and principles not only guaranteed by the Declaration of Independence, but rights which Virginia wisely and plainly reserved in her recognition of the government in which she took a part, now come to you with their hands steeped in blood, robbing the widow, destroying houses, seizing the grey-haired father, and incarcerating him in prison because he will not be a traitor to the principles of his fathers and the land that gave him birth.

Every crime which could characterize the course of demons has marked the course of the invader. The Northern portion of Virginia has been ruthlessly desolated – the people not only deprived of the means of subsistence, but their household property destroyed, and every indignity which the base imagination of a merciless foe could suggest inflicted, without regard to age, sex or condition.

In like manner their step has been marked in every portion of the Confederacy they have invaded.

They have murdered prisoners of war; they have destroyed the means of subsistence of families, they have plundered the defenceless, and exerted their most malignant ingenuity to bring to the deepest destitution those who only offence is that their husbands and sons are fighting for their homes and their liberties. Every crime conceivable, from the burning of defenceless towns to the stealing of our silver forks, and spoons, has marked their career.

It is in keeping, however, with the character of the people that seeks dominion over you, claim to be your masters, to try to reduce you to subjection – give up to a brutal soldiery your towns to sack, your homes to pillage and incite servile insurrection.

They have come to disturb our social organizations on the plea that it is military necessity. For what are they waging war? They say to preserve the Union.

Can they preserve the Union by destroying the social existence of a portion of the South? Do they hope to reconstruct the Union by striking at everything which is dear to man? BY showing them so utterly disgraced that if the question was proposed to you whether you would combine with hyenas or Yankees, I trust every Virginian would say, give me the hyenas.”

(Jefferson Davis, the Essential Writings, William J. Cooper, Jr., editor, Modern Library, 2003, excerpts, pp. 285-287)

Lincoln erroneously saw Unionist Clement Vallandigham as aiding the Confederacy when the former Ohio congressman was actually aiding the Union and preserving the integrity of the United States Constitution in his dissent on Lincoln’s unconstitutional acts. Joseph Holt, Lincoln’s Judge Advocate General, was a Kentuckian and Secretary of War during James Buchanan’s administration and warm to the Radical Republicans taking power. It was he who authorized the ill-fated Star of the West expedition to resupply Fort Sumter in early January, 1861, as well as later prosecuting former Ohio Congressman Vallandigham for alleged treason for his dissent.  The latter is called a “Copperhead,” which was not a Southern supporter, but a Unionist who opposed Lincoln’s draconian methods.

Bernhard Thuersam, www.Circa1865.com

No Dissent in Lincolnian America

“In early 1863, a military commission prosecuted and convicted Clement Vallandigham, a former congressman, of treason. There is a consensus that this trial ranks among the most important in American history. The twentieth century’s leading scholars of the nation’s legal history, Lawrence Friedman, Kermit Hall and Melvin Urofsky, have all articulated that the Vallandigham trial and eventual Supreme Court determination in the case, is a rare landmark.

But in none of the treatise’s does Holt’s role as Vallandigham’s “prosecutor,” or the participating judge advocates emerge. Indeed, as recently as 2008, a well-researched study on Lincoln’s relationship to the Supreme Court only briefly notes Holt’s role in the entire process.

Melvin Urofsky summed up the Judge Advocate General’s role as, “simply informing the [Supreme Court] that it could inhibit neither Congress nor the President in prosecuting the War.” This is an oversimplification and the importance of Holt’s participation in Vallandigham’s trial is more than symbolic.

Holt, an officer in the War Department argued the case to Supreme Court, rather than the attorney general. This reflected how militarized the law had become and how politicized the Judge Advocate General’s Department was becoming.

[Gen. Burnside’s General Order 38 regarding treason contained] controversial prohibitions aimed at stifling dissent to the war. Most problematic was a section which stated: “The habit of declaring sympathies for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested, with the view toward being tried as above stated, or sent beyond our lines into the lines of their friends.”

This part of the order conflicted with the Bill of Rights’ recognition of freedom of speech as an inalienable right. [Burnside] intended to ferret out the leaders of subversive organizations [as there were] already acts of public discontent within the Ohio Department . . .

[Burnside’s judge advocate aide Major James Cutts included] allegations [that] Vallandigham referred to the war as “wicked, cruel and unnecessary,” and that the war was “fought for the freedom of the blacks and enslavement of the whites.” [Vallandigham] had publicly accused the [Lincoln] administration of negotiating with the South in bad faith . . . [and] that Lincoln planned to “appoint military marshals in every district and restrain the people of their liberties, to deprive them of their rights and privileges.”

On his own, Lincoln arrived at a novel solution. If, he reasoned, Vallandigham aided the Confederacy, he should be expelled from the Union and reside with them. Holt approved of this course of action.”

(Law in War, War as Law: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865, Joshua E. Kastenberg, Carolina Academic Press, 2011, excerpts, pp. 103-106; 110)

During the French and Indian War New England merchants carried on illicit trade with the French West Indies; during the War of 1812 New England merchants did the same with the British, withheld troops from United States forces, and threatened secession at its Hartford Convention of 1814.

Bernhard Thuersam, www.Circa1865.com

A Tradition of Trading with the Enemy

“As the [French and Indian] war progressed and the price of goods and provisions rose, the temptation [for smuggling] became greater. The routes and methods of forwarding cargoes became as varied and devious as were the dealings with officials, and the wrath of the [British] military and naval authorities increased proportionately as they saw their efforts thwarted and neutralized by the acts of colonial merchants.

In the latter part of 1759 General Crump wrote to Pitt that in the previous eight months not a single vessel had been able to reach the French West Indies from Europe, and that the islands were sustained wholly by the illegal American [New England] trade. Admiral Coates called this trade “iniquitous, and Commodore Moore described those who were engaged in it as “traitors to their country.”

It has been asserted that the commercial supremacy in the West Indies was the central point of Pitt’s policy . . . [though] the fruits of the war he had waged so brilliantly could not be gathered unless the French possessions in the islands were conquered, and what prevented them from falling into his hands was the support they received from the colonists – to a great extent, the New Englanders.

Its only cure seemed to be the enforcement of the act of 1733, and in 1760 he sent a circular letter to the colonial governors stating that the enemy was “principally, if not alone, enabled to sustain, and protract, this long and expensive war” by means of “this dangerous and ignominious trade,” and calling upon them to take every lawful step to bring the offenders to “exemplary and condign punishment.”

Although the trade was notorious, and although at the very time, a few months previously, when Wolfe was battling for Quebec, Boston merchants were ferreting out a new way of trading with the enemy through New Orleans, a committee of the Massachusetts Council reported on Pitt’s dispatch that “they cannot find that there is any illegal trade . . . Governor Fitch of Connecticut wrote that he had been unable to find any evidence of trade with the enemy among his people.”

(The History of New England, Vol. II; Revolutionary New England, 1691-1776, James Truslow Adams, Little, Brown and Company, 1941, pp. 267-268)

Webster’s Dictionary of 1828 defined a traitor as one who “betrays his allegiance to his country” and “who aids an enemy in conquering his country.” Lt. Snelling, described below, deserted his Georgia regiment and guided the enemy army through his home State.

Bernhard Thuersam, www.Circa1865.com

Lt. Snelling Returns Home to Georgia

“Sunday, November 20, 1864 was a day of unprecedented excitement in the capital of Georgia. Members of the legislature had already departed in haste for their homes. The governor and Statehouse officers were in flight, and many citizens of the town were following the example set by them. In the afternoon distant cannon fire was heard in the direction of Macon, some thirty miles away.

Just before sunset a small group of blue-coated cavalrymen were seen lingering on the outskirts of the town . . . They cut telegraph wires, seized a few horses, and then made a hurried exit. They were the first of more than thirty thousand enemy soldiers who were to enter Milledgeville within the next four days.

With flags unfurled, the band at the head of the column playing the “Battle Hymn of the Republic” and other martial airs . . . [the enemy army occupied the town and Sherman] learned that he was occupying a plantation belonging to General Howell Cobb and forthwith issued orders for its complete destruction.

On the same evening he ordered a special guard to protect the property of Andrew J. Banks whose farmhouse stood a short distance away. Banks, a North Carolinian by birth, was known to be of strong Unionist sentiment.

It is doubtful if Sherman’s intelligence channels had ever been more effective than on this particular occasion. His knowledge of the country which he had entered, and of the varying sentiments of the inhabitants, he owed largely to David R. Snelling, the twenty-six year-old cavalry lieutenant who commanded his escort. Snelling had been born a few miles from Cobb’s plantation and, until the war began, had always lived in the community to which he was now returning as a conquering enemy.

He had left the county early in 1862 as a member of Captain Richard Bonner’s company of the 57^th Georgia Regiment. Never an enthusiastic rebel, he deserted at Bridgeport, Alabama, in July. Later he became a member of a Unionist regiment made up of defecting Southerners. He was now a first lieutenant in the 1^st Alabama (Union) Cavalry and assigned to Sherman’s personal escort where his knowledge of the people and of the country through which they were marching made his services invaluable to the commanding general who kept him close by his side.

While [Sherman and Snelling] were seated around the [evening] fire, a Negro slave . . . recognized Snelling and greeted him as “Massa Dave.” According to [an observer], the slave fell on the floor, hugged the lieutenant around his knees, and expressed mixed feelings and astonishment and thankfulness at seeing his former master in the uniform of the invading army. The slave who greeted him had belonged [to David Lester, Snelling’s] uncle, in whose home the lieutenant had lived as an orphan since boyhood.

That evening Sherman granted . . . Snelling’s request to ride six miles ahead to visit his relatives at the Lester plantation. In his memoirs, the general noted that Snelling returned that night on a fresh horse from his uncle’s stable [and that the visit had been] social in nature. The David Lester plantation book, however, indicates that Snelling was accompanied on his visit by a squad of Federal cavalrymen and the group conducted a raid on the plantation, burned the ginhouse, and pillaged the premises.

Whether Snelling’s unusual conduct was an attempt to prove his loyalty to the Union army or the result of an old grudge he bore against his affluent uncle perhaps may never be determined.”

(Sherman at Milledgeville in 1864, James C. Bonner, Journal of Southern History, Volume XXII, Number 3, August, 1956, pp. 273, 275-277)

Officers in the US military are sworn to defend the Constitution, not the government or flag of the government, the latter mentioned below as a justification for loyalty. William Rawle’s “View of the Constitution” which supported the idea of political secession, was a West Point text at least until 1840, when George H. Thomas graduated, and he was well aware of the seat of loyalty in the Constitution.

Bernhard Thuersam, www.Circa1865.com

Treason Against His Native State — Virginia?

“We have collected the most conclusive proof that General [George H.] Thomas had at first fully decided to come South and cast his lot with his own people . . . But, in the meantime, it may be as well to put into our records the testimony of Senator Cameron of Pennsylvania, in his speech in the United States Senate on the bill for the relief of General Fitz John Porter. Mr. Cameron, in the course of his defense of General Porter said:

“It became my duty to take charge of the railroad from Harrisburg to Baltimore, and while so engaged an incident occurred in my office which impressed me greatly at the time, and which it has always seemed to me should atone to a great extent for any errors General Porter may have committed . . . It was to a great extent through him, in my judgment, that the services of General George H. Thomas were secured to the side of the Union. General Thomas, then Major Thomas, was stationed at the Carlisle Barracks.

The capital of the nation was menaced by an enemy camping within a few miles of it, and had but a handful of men for its protection. Porter . . . selected Thomas from . . . three Majors and ordered him to report to him at my office in Harrisburg, that being Porter’s headquarters.

When informed of the duty to be performed, Thomas hesitated, then began a conversation between the two officers which continued until morning and made a lasting impression on my mind. Thomas argued against the war taking the ground that the trouble had been brought upon the country by the abolitionists of the North, and that while deploring it as sincerely as any man could, the South had just cause for complaint.

Porter took the position that he, Thomas, as a soldier, had no right to look at the cause of the trouble, but as an officer of the United States army it was his duty to defend his flag whenever it was attacked, whether by foes from without or from within. Porter pleaded as zealously, as eloquently, as I have ever heard any man plead a cause in which his whole heart was engaged, and it was this pleading which caused Thomas to arrive at a decision.

“I do not say that Thomas refused to obey his orders, but I do say that he hesitated and would much have preferred that the duty had devolved upon another. Thomas was a Virginian, and had, as many other good and patriotic men had, great doubts as to the ability of the government to coerce the States back into the Union that had, by their legislatures, formally withdrawn . . . ”

(Did George H. Thomas Hesitate to Draw His sword Against His Native State — Virginia? Notes and Queries, Southern Historical Papers, Volume XII, R.A. Brock, Editor, pp. 568-570)

The Constitution’s definition of treason against the United States (Article III, Section III) states: “shall consist of levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” Note that levying war is against “them”; John Brown was tried for treason against the State of Virginia. The Confederate Constitution was identical, defining treason as against a State, not a government or nation. Anyone going over to the enemy, black or white, for whatever reason, was guilty of treason and faced the fatal consequences.

Bernhard Thuersam, www.Circa1865.com

The Consequences of Treason

“I was sitting on my horse near General [JEB] Stuart, who had put in the skirmishers, and was now superintending the fire of his artillery, when a cavalry-man rode up and reported that they had just captured a deserter.

“Where is he?” was Stuart’s interrogatory.

“Coming yonder, General.”

“How do you know he is a deserter?”

“One of my company knew him when he joined our army.”

“Where is he from?”

“_____ county.” And the man mentioned the name of a county of western Virginia.

“What is his name?”

“M____.” (I suppress the full name. Some mother’s or sister’s heart might be wounded.)

“Bring him up,” said Stuart coldly, with a lowering glance from the blue eyes under the brown hat and black feather. As he spoke, two or three mounted men rode up with the prisoner. He was a young man, apparently eighteen or nineteen years of age, and wore the blue uniform, tipped with red, of a private in the United States Artillery.

“You say he is a deserter?”

“Yes sir; acknowledges that he is M___, from that county,; and after joining the South he deserted.”

A kinder-hearted person than General Stuart never lived; but in all that appertained to his profession and duty as a soldier, he was inexorable. Desertion, in his estimation, was one of the deadliest crimes of which a human being could be guilty; and his course was plain – his resolution immovable.

“Where are you from?” [said Stuart].

“I belonged to the battery that was firing at you, over yonder, sir.”

“Did you belong to the Southern army at any time?”

“Yes sir.”

“So you were in our ranks, and you went over to the enemy?” he said with sort of a growl.

“Yes sir,” was the calm reply.

Stuart turned to an officer, and pointing to a tall pine near, said in brief tones:

“Hang him on that tree.”

(Outlines from the Outpost, John Esten Cooke, Richard Harwell, editor, Lakeside Press, 1961, pp. 301-305)