This is one more testimony against the safety and justice of the death penalty.
On the 19th day of October, Colonel Tyler took command of the post at Charleston. He issued the following proclamation:
"In assuming the command of this post, one of my principal objects will be to maintain order, and to see that the rights of persons and property have the protection guaranteed by general orders from department headquarters. To the faithful execution of this my entire energies, together with the force at my command, will be given. To this end I have established Camp Warren, where officers and soldiers are required to be at all times, except when on duty which calls them away, or on leave of absence, which will only be granted at headquarters. Commissioned and non-commissioned officers will be held personally responsible for any violation of this order by members of their companies. Drunkenness, marauding, boisterous and unsoldierlike conduct are strictly forbidden. To prevent this, the sale of intoxicating liquors, directly or indirectly, to those in the service of the United States, is positively and emphatically prohibited; and I call upon the citizens to aid me in detecting those who violate this order. The quiet of your town, the protection of your property—in fact your lives and the lives of your families—depend much upon the sobriety of our officers and men; therefore, it becomes your duty as well as your interest to lend me your aid in the execution of this order.
"E. B. Tyler,
"Colonel Commanding Post."
Under the rule of Colonel Tyler the post at Charleston assumed order and quiet. Under the former commandant drunkenness was common, while marauding parties were free to patrol the streets on their errands of mischief. The property of the citizens was at the mercy of these gangs, while their lives were not unfrequently placed in jeopardy. The people, therefore, were much gratified with the change of rule. Camps were now established at some distance from the village, while no soldiers were permitted to visit it unless they first obtained a pass from headquarters, which, being established in town, was difficult to procure. A provost-marshal was appointed, with a proper guard subject to his orders. This guard was instructed to arrest all soldiers found in the streets of the village without a proper pass, as well as those committing any depredations on the property or persons of the citizens, with or without a pass.
About the middle of October the companies at Gauley Bridge came down to Charleston. During their stay on the Gauley they performed much duty at the outposts; several times being under the enemy's fire, though none were injured. The detachment suffered severe loss, however, from sickness. Lieutenant Robinson was among the number; he died of fever; his loss was greatly felt by the regiment. When the news of his death reached his company, they wept as for a brother.
CHAPTER VII.
Floyd establishes batteries on Cotton Hill. — Driven off by the forces of general Cox. — Benham's failure to intercept his retreat. — His pursuit. — Skirmish at McCoy's Mills. — His final escape.
Near the last of October General Floyd very suddenly appeared on Cotton Hill, an abrupt eminence lying between the Kanawha and New rivers, at the junction of the Gauley with the latter stream, which form the Kanawha. The enemy immediately commenced shelling Gauley Bridge. General Cox, who was some distance up New River, near the headquarters of General Rosecrans, was ordered to proceed to Gauley Bridge and to assume direction of affairs. He was also ordered to direct General Benham, who was expected to arrive very soon with a brigade, to cross his forces, at night, over the Kanawha River, and to carry the summit of Cotton Hill by storm. A picket post had already been established across the river by direction of General Cox. Benham protested against the movement, and refused to execute the order received through General Cox, but proceeded to confer, by telegraph, with General Rosecrans, receiving in reply the same orders. Benham still protesting against attempting to execute what he termed so hazardous a movement, at his own request was permitted to pass down the river to the mouth of Loop Creek, from whence he was to undertake a flank movement. Colonel Smith joined General Benham in his protest, declaring the attempt to storm these batteries as sheer madness. It is significant that General Cox afterwards stormed and carried Cotton Hill, with barely a regiment of troops.
Floyd had constructed a line of fortifications at Dickerson's, on the road to Fayetteville, which was his only avenue of retreat in case of disaster.