Your committee have found, from the evidence, that General Pearson did not give the orders to fire, but we are of the opinion that he would have been justified in so doing, and that if he had been present at the time, he would not have been justified in withholding such an order for a moment later than the firing actually occurred. Neither can any blame be attached to the troops themselves. They had been pelted with clubs, stones, and other missiles by the mob, and this was continually growing more severe, when some persons in the mob fired pistols into the ranks of the men, and others were trying to wrench their guns from their hands, and it had become a question of submission to the mob on their part, or to fire in self-defense before a gun was discharged by them.
As it is usually the case in such occurrences, some innocent persons were killed and others injured, but for this the soldiers were not to blame. Being where they ought not to be, their presence whether so intended or not encouraged the mob, and the soldiers could not in such a crowd distinguish friend from foe. Spectators ought to keep away from such mobs at all times and not let their curiosity get the better of their judgment and discretion. It has been questioned whether it was a wise movement to order General Brinton's command into the round-house and shops on the evening of the 21st. The move itself we do not care to criticise, but having been made, we think a stronger picket guard should have been thrown out, all approaches more thoroughly guarded, communication kept up with the Union depot, where the supplies of ammunition and food were stored, and whenever the mob began to assemble in the neighborhood a sufficient force should have been ordered out to disperse them, which could have been done with the means at General Brinton's command.
The great mistake was made by General Pearson in ordering General Brinton not to allow his men to fire on the mob when they began to re-assemble, and showed their murderous disposition by firing on the troops, and the other measures taken by them in the early evening. General Brinton asked for leave to fire on the mob when they began to assemble around the round house and fire on his men, but General Pearson would not allow it. It was of no use to march out for the purpose of dispersing such a mob unless the men were allowed to fire, if necessary, as blood had been shed, the mob had become enraged by this and emboldened by the position and apparent inactivity of the troops, and nothing but the most severe measures would now be sufficient to overawe and disperse them. General Pearson was evidently intimidated by the denunciation which he received, at the hands of the press and people of Pittsburgh, as the supposed author of the order to fire on the mob at Twenty-eighth street. In his evidence he states that if he had given the command to fire at Twenty-eighth street, and it had not been followed by the frightful destruction of property which ensued, he would have been tried, convicted, and hung for murder, such was the sentiment of the people of Pittsburgh at that time. We think he should have taken vigorous measures against the mob after the occurrences at Twenty-eighth street, and not have allowed it to assemble again in that vicinity, and that he ought not to have left the round house at the time he did. For what occurred after that time he is blameless, for on reaching the Union Depot Hotel he was practically relieved from his command by General Latta. We think this was a mistake also; that it was giving way to the sentiment still prevailing in Pittsburgh that the attempt to disperse the mob at Twenty-eighth street was wrong, and the killing of the persons at that place nothing less than murder. The military had commenced a move to accomplish a certain purpose under the lead of the sheriff, and as his posse; a collision had occurred, the sheriff had left, the mayor refused to cooperate with the sheriff or military, and it was the duty of the military officers to carry out the movement, (to wit: dispersing the mob,) in a vigorous manner, and not in any way be swayed from their duty by the sentiment above spoken of.
We think the order given by General Latta, sent by Sergeant Wilson to General Brinton in the round house, which closed as follows, viz: "If compelled to escape at last, do so to the eastward; take Penn avenue if possible, and make for Guthrie, at Torrens," was a mistake. Some question has arisen as to the right of General Latta to give orders to General Brinton at all. We think that it is enough to say that General Latta was directed by the commander-in-chief to "go to Pittsburgh and keep supervision of all troops ordered out;" that he went there in pursuance of these directions, issued orders as if he understood himself to be at the head of military affairs after General Pearson left, was so recognized by all, and his orders obeyed as if coming from the commander-in-chief, and that, therefore, he cannot escape the responsibility of any orders issued by him, or the failure to take such steps as a military commander should have taken under the circumstances. If General Brinton was to leave the round house he should have been ordered to the Union depot, where he could have fed his men, and received a supply of ammunition, and from there he could have taken the most available position to disperse the mob and protect property. Of General Brinton's ability to have made this movement, if so ordered at any time, there can be no doubt.
Life would probably have been sacrificed in making such a move, but law and order must be upheld, even at the sacrifice of the lives of such persons as composed that lawless mob, or those who innocently mingled with it. The loss of life on the part of the troops could not have been greater than it was by pursuing the course afterwards taken, and it probably would have been much less, as mobs are always cowardly, and every demonstration made against this mob after the collision at Twenty-eighth street by any persons having authority, either civil or military, scattered it. Colonel Guthrie, with the Eighteenth regiment, should have been ordered from Torrens to Pittsburgh Saturday night, and the only excuse we can conceive for not doing this promptly, without waiting for the troops from Walls Station, is the fear that being Pittsburgh men they would refuse to obey any orders which would bring them in collision with the mob. This is not sufficient excuse. The proper order should have been given, as this regiment had not shown any insubordination, was not allowed to mix or talk with the mob, and would no doubt have obeyed all orders.
The conduct of the Fourteenth and Nineteenth regiments has been severely criticised by some, but many considerations are to be taken into account in coming to a just conclusion in regard to these men. The mob was made up in part of their neighbors and their fellow-laborers, and it was hard for them to take up arms to assist the sheriff in enforcing the law as against men having so much of their sympathy. This accounts for their dilatory movements in assembling when first called out, and the failure to report of many of their men. Their officers were to blame for allowing them to mingle with the mob, or rather for allowing the mob to mingle with them, and for the lack of strict discipline on Saturday, the 21st of July. Neither the officers nor men were to blame for their mismanagement on the night of the 21st, General Brown being alone responsible for that order.
This conduct of General Brown was unaccountable, until it was ascertained that he had been for some time previous suffering from severe physical ailments which had seriously affected his mind, and that he was not responsible for a failure in judgment at the time. It is no wonder the order called forth the indignant protest of Colonel Gray, but coming as it did from a superior officer, it was reluctantly obeyed. These regiments were afterwards sent to the coal fields, and there acquitted themselves like true soldiers.
As to the dispute between Colonel Norris and General Brinton, it is important only in treating of the conduct of General Brinton. The Adjutant General, in his evidence before your committee, stated that his duty was to assemble the troops, and that the command devolved upon the senior major general, (in the absence of the commander-in-chief,) who was General A. L. Pearson. He further stated that when General Pearson came to the Union depot hotel, before relieving him of his command, he was particular to ask him if he had left General Brinton in command, and that General Pearson replied that he had left him in full command. If General Brinton was in command, he had a right to act on his own judgment. But while General Latta's statement is correct when applied to him as Adjutant General, yet it must be remembered that he had assumed to act for the commander-in-chief, and gave orders to General Brinton during the night, and assumed the direction of the troops. It is evident that General Brinton considered himself bound to obey the orders of the Adjutant General, and we take it for granted that he was. The important question then is, did General Brinton disobey the orders of General Latta? It is clearly proven and conceded by all parties that General Brinton did not receive the written order given to Captain Aull to convey to him until the 1st day of August, a week or more after it was dated. Colonel Norris says in his testimony that he did not deliver it as an order to General Brinton; that he did not consider he had a right to do so, but that he told him that Captain Aull was on the way to him with an order from General Latta, and communicated to him the substance of the order. He further said General Brinton said he might return if he got positive orders to do so. This remark shows that General Brinton did not receive it as an order.
And further, Captain Aull not reaching General Brinton during the day, in the evening he sent Major Baugh, a member of his staff, to the Adjutant General's head-quarters, at the Monongahela House, for orders. The Adjutant General gave Major Baugh a written order, which he delivered to General Brinton, who obeyed it promptly. If Colonel Norris had reported it to General Brinton as an order coming from General Latta, and General Brinton had received it as such, he would not have sent to head-quarters for orders, as he did. As your committee understand the evidence, all that Colonel Norris claims is, that he told General Brinton that Captain Aull had an order for him, and communicated the substance of it to him, and that General Brinton understood it. True, that in this he is disputed by General Brinton, but it is not necessary for your committee to settle this question of veracity between them. The only question for us to settle is, did General Brinton disobey the order? We do not think that he did. Colonel Norris does not say he gave him the order. He simply told him Captain Aull had an order, giving him the substance of it. General Brinton, it seems, did not consider it his duty to act until the order reached him. Captain Aull not reaching him, he did what was very proper, sent to head-quarters for orders.
General Brinton has been censured for going so far out from the city, and not staying in its immediate vicinity. No one in his position could be expected to do differently. Ordered into the round house, not allowed to fire on the mob which was gathering around with the avowed purpose of killing his men, hooted at by the same mob which cheered the Pittsburgh troops, the Pittsburgh troops disbanded at a time when the mob had surrounded and besieged the shops in which his command was stationed, fired at from the windows of the houses, street corners, and even from a police station, not an official (except the sheriff) or citizen of the place to come near him at any time, or express a word of sympathy or encouragement in the disagreeable and delicate duty he was bound to perform, and after all, rebuffed at the United States arsenal, where he expected aid and sympathy, he had good reason to believe he was not wanted in the city, and needs no excuse for putting a reasonable distance between his command and that place.