Forty-Six Years in the Army

by John McAllister Schofield

During the short administration of General Frémont in Missouri, the Union party had split into two factions, "radical" and "conservative," hardly less bitter in their hostility to each other than to the party of secession. The more advanced leaders of the radicals held that secession had abolished the constitution and all laws restraining the powers of the government over the people of the Confederate States, and even over disloyal citizens of States adhering to the Union. They advocated immediate emancipation of the slaves, and confiscation by military authority of all property of "rebels and rebel sympathizers"—that is to say, of all persons not of the radical party, for in their partizan heat they disdained to make any distinction between "conservatives," "copperheads," and "rebels." So powerful and persistent was the radical influence that even so able a lawyer as Edwin M. Stanton, then Secretary of War, was constrained to send an order to the commander of the District of Missouri, directing him to execute the act of Congress of July 17, 1862, relative to the confiscation of property of persons engaged in the rebellion, although the law provided for its execution in the usual way by the judicial department of the government, and gave no shadow of authority for military action.

It is only necessary here to remark that the order was not, as it could not be lawfully, obeyed. Action under it was limited to the securing of property subject to confiscation, and liable to be removed or otherwise disposed of, and the collection of evidence for the use of the judicial officers. The following is Secretary Stanton's order sent by telegraph, September 5, 1862:

"It is represented that many disloyal persons residing at St. Louis and elsewhere in your command are subject to the provisions of the Confiscation Act, and that it would be expedient to enforce against them the provisions of that act. You are instructed to enforce that act within your command, and will please send directions for that purpose to your provost-marshal."

In compliance with the Secretary's instructions, I issued an order, on September 11, providing for the action above stated, and no further.

These instructions from the Secretary of War were subsequently repudiated by President Lincoln; but in the meantime they produced serious evil under my successor, who fully enforced them by apparently committing the national administration to the extreme radical doctrine, and making the military commander in Missouri appear to be acting not in harmony with the President's views. So far as I know, this subject does not appear to have been submitted to the President until some time in 1863, after Major-General Curtis, as department commander, had for some months carried out the radical theory of military confiscation, and I, as his successor, had put a stop to it. Then an appeal was made to the President, and he, in his celebrated letter of instructions of October 1, 1863, directed the military to have nothing to do with the matter.

The State administration of Missouri, under its conservative governor, was of course sternly opposed to this radical policy, including the forced liberation of slaves, for which there was at that time no warrant of law or executive authority. A simple sense of duty compelled the military commander to act in these matters more in harmony with the State government than with the radical party, and in radical eyes he thus became identified with their enemies, the conservatives.

This gave rise on August 4, 1862, to a meeting of prominent citizens of St. Louis, who adopted resolutions, of the most important of which the following was reported to be a true copy:

"Resolved, That a committee of gentlemen be requested to go to Washington City to urge upon the President the appointment of a commander of the military forces of this State who will, under instructions, act with vigor in suppressing the guerillas of this State, and with authority to enlist the militia of the State into the service of the United States."

A HOSTILE COMMITTEE SENT TO WASHINGTON

The chair appointed, as the committee to go to Washington, Henry T. Blow, John C. Vogle, I. H. Sturgeon, and Thomas O'Reilley, and authorized Mr. Blow to add to this committee any other "true Union man" who would go. Who, if any, besides Messrs. Blow, Vogle, and O'Reilley actually composed the committee, I was never informed. On August 10, Halleck, then general-in-chief, telegraphed me from Washington: "There is a deputation here from Colonel Blair and others asking for your removal on account of inefficiency."