Gen. Lyon asked him sharply how that could be, according to Gen. Harney's second proclamation in which he denounced the Military Bill as unconstitutional and treasonable?
Gen. Price replied that he had made no agreement whatever with Gen. Harney about the enforcement or carrying out of the Military Bill.
Gen. Lyon answered this by presenting a copy of the following memorandum which had been sent by Gen. Harney as the only basis on which he would treat with Jackson and Price:
Memorandum for Gen. Price.—May 21, 1861.
Gen. Harney is here as a citizen of Missouri, with all his
interests at stake in the preservation of the peace of the
State.
He earnestly wishes to do nothing to complicate matters, and
will do everything in his power, consistently with his
Instructions, to preserve peace and order.
He is, however, compelled to recognize the existence of a
rebellion in a portion of the United States, and in view of
it he stands upon the proclamation of the President itself,
based upon the laws and Constitution of the United States.
The proclamation demands the dispersion of all armed bodies
hostile to the supreme law of the land.
Gen. Harney sees in the Missouri Military Bill features
which compel him to look upon such armed bodies as may be
organized under its provisions as antagonistic to the United
States, within the meaning of the proclamation, and
calculated to precipitate a conflict between the State and
the United States.
He laments the tendency of things, and most cordially and
earnestly invites the co-operation of Gen. Price to avert
it.
For this purpose Gen. Harney respectfully asks Gen. Price to
review the features of the bill, in the spirit of law,
warmed and elevated by that of humanity, and seek to
discover some means by which its action may be suspended
until some competent tribunal shall decide upon its
character.
The most material features of the bill calculated to bring
about a conflict are, first, the oath required to be taken
by the Militia and State Guards (an oath of allegiance to
the State of Missouri without recognizing the existence of
the Government of the United States); and, secondly, the
express requirements by which troops within the State not
organized under the provisions of the Military Bill are to
be disarmed by the State Guards.
Gen. Harney cannot be expected to await a summons to
surrender his arms by the State troops.
From this statement of the case the true question becomes
immediately visible and cannot be shut out of view.
Gen. Price Is earnestly requested to consider this, and Gen.
Harney will be happy to confer with him on the subject
whenever It may suit his convenience.
N. B.—Read to Gen. Price, In the presence of Maj. H. B.
Turner, on the evening of the 21st of May.
Naturally this threw Gen. Price into much confusion, and his face reddened with mortification, but after a few minutes he said that he did not remember hearing the paper read; that it was true that Hitchcock and Turner had come from Gen. Harney to see him, but he could recall nothing of any such paper being presented. The discussion grew warmer as Gen. Lyon felt more strongly the force of his position. Gen. Price insisted that no armed bodies of Union troops should pass through or be stationed in Missouri, as such would occasion civil war. He asserted that Missouri must be neutral, and neither side should arm. Gov. Jackson would protect the Union men and would disband his State troops.
Gen. Lyon opposed this by saying, in effect, "that, if the Government withdrew its forces entirely, secret and subtle measures would be resorted to to provide arms and perfect organizations which, upon any pretext, could put forth a formidable opposition to the General Government; and even without arming, combinations would doubtless form in certain localities, to oppress and drive out loyal citizens, to whom the Government was bound to give protection, but which it would be helpless to do, as also to repress such combinations, if its forces could not be sent into the State. A large aggressive force might be formed and advanced from the exterior into the State, to assist it in carrying out the Secession program; and the Government could not, under the limitation proposed, take posts on these borders to meet and repel such force.