Secrets of the Late Rebellion, Now Revealed for the First Time

by Jacob R. Freese

Soon after the provost-court had been established in Alexandria, manufacturers and merchants began to come there to look after debts due them from the merchants of that city. Such as had not fled made such response as they could—paying in money if they had it and desired to continue in business, or returning to their creditors so much of their remaining stock as would satisfy their claims. Only in one instance, where the debtor remained in Alexandria, was the creditor obliged to call upon the Provost-Judge for assistance. In that case the debtor pleaded, as an excuse for non-payment, the act of the Confederate Congress of May 21st, heretofore spoken of. He wanted, he said, to pay—"of course he wanted to pay; but, being a Southern man, and with that act staring him in the face, he did not see how he could." The creditor called upon Judge Freese and acquainted him with the facts as above stated. The Judge sent for the debtor to meet the creditor at his private office. He there told the debtor that "the excuse he offered for nonpayment was no excuse at all—indeed, worse; for, besides being a mere subterfuge, it was a virtual acknowledgment of his own disloyalty; that it mattered not at all what laws the Confederate Congress had passed or might pass, they could not be recognized by the citizens of Alexandria so long as it remained in possession of the Union troops, and that was likely to be so long as the war continued; and that if he had the means to pay his creditor, the sooner he did it the better!" Within an hour the debt was paid, and it was the last of that kind of cases in which the Judge had to interfere, as within twenty-four hours the facts of this case were known to every merchant of Alexandria.

But there was another class of cases which came thick and fast, and for awhile gave the court a vast amount of trouble. To relate the origin, the incidents, and the results of a few of these will be the object of this chapter. The first was as follows:

Mr. S. was an old resident of Alexandria, and for several years before the war had been keeping an agricultural and hardware store in that city. He was regarded by his neighbors as a highly honorable merchant, and being a man of considerable means, had always met his payments promptly. He was a Virginian by birth, and when the contest began between the North and the South, promptly took sides with the South. Indeed, he had advocated secession so strongly and so loudly that he feared he would be arrested for disloyalty if he remained in Alexandria, so, when the Union troops were about coming in and the Confederate troops about going out, he retired with them. He did this, however, so unexpectedly, and in so much of a hurry, that he had no time to make a formal sale and transfer of his stock of goods to any one; but, on the morning that he left, he handed the key of his store to a neighbor and told him to look after his affairs until he returned, or until he could make some other arrangement. The neighbor did as requested, kept the store open, sold whatever he could for ready cash, and transmitted the money to Mr. S. whenever he had opportunity.

Thus matters were going on when a Philadelphia merchant, to whom Mr. S. was indebted, went to Alexandria to look after his claim. He had written several letters, addressed to Mr. S., Alexandria, Va., but could get no reply, and began to suspect that he might have left the city, though he had no positive information to that effect until he reached there. He inquired of the man whom he found in the store of the whereabouts of Mr. S., and was told that he had left, on the coming in of the Union troops; but where he had gone, or exactly where he then was, the man in the store pretended not to know. The Philadelphian said he had a claim, past due, of several hundred dollars, against Mr. S., and would like to have it settled in some way. The agent replied that he had not been authorized by Mr. S. to pay any debts, and, besides that, the Confederate Congress had passed a law requiring all men who owed debts to Northern merchants to pay the amount into the Confederate treasury, and it was possible that Mr. S. might have already paid off the claim by paying it into the Southern treasury.

The Philadelphian replied that he did not recognize any such payment as cancelling his claim; and, as he observed some of the very goods he had sold Mr. S. then in the store-room, he thought the agent ought to be willing to return him those goods, which he would take in payment at cost price, and then to pay him the balance in money. The agent said he could not, for one moment, entertain any such proposition. That, the goods having been placed in his care by Mr. S. when he left, he regarded himself as the owner of them, and could not think of returning any part of them to Mr. S.'s creditors, nor of disposing of them in any other way, except for cash in hand. The Philadelphian tried to convince the agent of the justice and reasonableness of the proposition he had made, and finally offered to accept of goods, at cost price, for the whole of his claim; but the longer he reasoned, the more obstinate grew the agent, until at last the agent said he could not, and would not, do anything about it; that the debt was not his own anyhow; that it possibly had been paid into the Confederate treasury, and, if so, was legally paid; and that it was only a waste of time and breath to talk to him any more about it.

The Philadelphian, having read something in the newspapers about Judge Freese's "Bayonet Court," concluded to seek the Judge and see if there was not some way by which his claim might be enforced. Going to his office, he told the Judge the whole case, and begged that he would aid him in some way to secure his claim.

The Judge replied that the provost-court had been established only with a view of preserving the peace of the city, and the personal and property rights of individuals, and not with any view whatever of collecting claims; that if its jurisdiction was enlarged to include civil as well as criminal cases, the business might prove larger than any one court could do, and thereby defeat wholly, or in part, its original intention; that whatever he could do by moral suasion to induce Mr. S.'s agent to pay his claim, he would most cheerfully do, but as to opening the court for the hearing and adjudication of such cases, it was more than he could at present consent to do. He would, he added, send for Mr. S.'s agent and see what, if anything, could be done. He accordingly sent an orderly to request the agent to come to the headquarters immediately.

When the agent made his appearance, the Judge told him why he had been sent for, and strongly urged him to make some equitable arrangement whereby to settle the claim of the Philadelphia merchant. The agent made about the same reply to the Judge that he had made to the Philadelphian, to all of which the Judge listened attentively without uttering a word. When he had entirely finished, the Judge said he would like to ask him a few questions to which he would like direct answers. To this the agent assented.

"First, then," said the Judge, "did Mr. S., before leaving, execute to you a bill of sale, or any other paper, by which to make the goods yours?"

"No," replied the agent, "he did not; but when about to leave he handed me the key of his store, and told me to take care of the goods until his return, or until he might make some other arrangement."