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.”
CHAPTER XVIII.
WOOLDRIDGE, MARQUIS, PUGH AND BREEDING.
Exceptional Distinction—Revs. J. B. H. Wooldrige, D. J. Marquis and Geo. W. Johnson Arrested, Abused and Imprisoned for Associating Together—Rev. M. M. Pugh Arrested and Imprisoned—Arrested Three Times—Indicted—Northern Methodists Implicated in his Persecutions—Flags over Pulpits by Military Orders—Efforts to Force the Consciences of Ministers—A Caustic Note—“Der Union Vlag on Der Secesh Church”—A Minister’s Wife Ordered to Make a Shroud for a Dead Union Soldier—Keen Retort—An Old Minister in a Rebel Camp—How he “Went Dead” and “Saved his Bacon” and Potatoes—Rev. J. M. Breeding—Armed Men Visit him at Midnight—Order him to Leave the Country in Six Days because he was a Southern Methodist Preacher—Arrested at Church by Lieutenant Combs—A Parley—Men said if They were not Permitted to Shoot They would Egg Him—Waylaid by Soldiers to Assassinate Him—Providential Escape—Waylaid the Second Time, and Providential Escape—Move to Macon County—Further Troubles—Reflections.
If to suffer for righteousness’ sake entitles men to exclusive privileges in the kingdom of heaven, the ministers of Missouri will have pre-eminence among those who suffer for the word of God and the testimony of Jesus. Exceptional honors among the sanctified will distinguish many of the humblest ministers of this State. And if the instigators of persecution are to be put in the category of the excluded, some of the most notorious ministers of the State will, in the final award, be rejected, disowned and dishonored.