HIBRARY OF CONGRESS. # # # IFORCE COLLEOTIONJ ^ ^UNITED STATES OK AMERICA. | *7A • ^^ , u>v>vv^ , #^^^0(^^,0^ ^t.4.vuu..e^ (h 7::p\^ mt^^^.«^ ^ ^ ^ CORRESPONDENCE -BETWEEN — ( — aE]SrERA.L POPE, Commanding Military Division of the Missouri, u^I>^JD HIS KXCELLENCY" aO^. FLETCHER, CONCERXING THE CONDITIOX OF AFFAIRS IN MISSOUIU, AND THE RELATION OF THE MILITATIY FORCES THERETO. ■ y SATNT LOUIS: R. P. STirjlI.EV AND CO., PRINTERS, f ORNER MAIX AND Or.IVK STS 1805. • ILZ4- ^ HEADQUARTERS, MILITARY DIVISION OF THE MISSOURI, Sr. Louis, Mo., March. \Olh, 180r». General Orders, No. 2. The tbllowiiig correspondence is published for the information of all Military Commanders in the Division of the Missouri. By COMMAND OF Major General Pope J, McC. BELL, Assistant Adjutant General, I i LETTER FROM GOVERNOR FLETCHER. LiNDELL Hotel, March 2, 1865. General : In order that I may be able to determine as to the propriety of the use of some of the means I have in contemplation for the future security of the people of Missouri, I have the honor to request that you will give me your views as to the best uses of the military forces of the United States in this Department, and their relation to the present and prospective condition of this State. I am, very respectfully, your obedient servant, THOS. C. FLETCHER. Major General Pope, Comdg. Military Division of the Missouri. 4 LETTEll FKOM GENEKAL POPE. Head Quarters Military Division of the Missouri, St. Louis, March 8. 180-3. Governor : I have the honor to acknowledge the receipt of 3'onr letter of the 2d inst., asking my views as to " the best uses of the U. S. military forces, and their relation to the present and prospective condition of this State," in view of certain measures contemplated by you for the future security of th(?])eople of Missouri. Although in replying to your letter I shall be obliged to notice a condition of things not pleasant to contemplate, I have sufficient con- fidence in the good sense and practical judgment of the people of Missouri, as exhibited in the late elections and in the measures adopted by your Legislature and State Convention, to feel confident that they are prepared to meet and settle any questions affecting the welfare and prosperity of the State, however grave or unpleasant. Until I reached this cit}^, I had sui)j)osed that the ditficulties whicli had disturbed the State for the ])ast three years had either been practi- cally settled, or were in a fair way of settlement, and that Missouri would soon resume the full exercise of her civil functions, and dis- pense entirely with the cumbersome, inefficient, and altogether anom- alous machinery of ytrovost marshals, provost guards, and military supervision. I knew tliat the Union iiarty at the fall elections had carried the State by an o\erwhelming majority, and that a loyal Gov- ernor and a loyal Legislature wei'c now in ))owcr at Jefferson City. It did not seem too miud) t<> expect of the opjiosition party in Missour^ that a large portion nf it would at least be opposed to the whole gu( rilla system, which has so long atHicted the State, and would, like reasonable men, regard bushwhackers as the destroyers of all civil \ organization and the enemies of mankind. I knew that since Price was driven from the State, no organized force of the enemy could be found within the borders of Missouri. ! fully believed in the capacity of the American iieo|)le for self-govern- ment, and their determination to retain it ; and I presumed of course that the people of Missouri had at once, and earnestly, assumed tlie performance of their civil duties, and were i-ajiidly placing the State in the positioiL it ought always to have occupied. I hoped to find tlie military forces in process of being relieved from the anomalous and anti-American functions whicli had been forced upon them by the extraordinaiy necessities of the past three years, and concentrated t'oi' service in otlior fields, and against the oi'ganized forces of the'oiieniv . . XL urW I iieeil not tell you, however, that such is bv no means the condi- tion of thintrs which I lind iu Missouri. On the contrary, there has not been a time since the rebellion began when your civil aftairs have been more under the control of a military police than they are to-day. I am ^lad to he informed, by many of your most loyal and res))ecta- ble citizens, that order lias been, to a great extent, ])re?erved, and treason overawed, by the action of the military guards and Provost ^Farshals in this State; and those who complain of oppression or irregularity on the part of Provost Marshals in the performance of their duties must remember that the adoption of martial law was I'ssential to the safety of the State ; that under martial law Provost ^farshals must necessarily come into existence, and the exercise of great power may, in some instances, be confided to men who subse- • luently prove unworthy of their trusts. The only wonder is tiiat there have been so few wrongs committed, and so few rights invaded, during the existence of such a condition of government in Missouri. But it is surely needless to say that the longer such a system is con- tinued the greater will be the liability to abuse: and, as a logical result, what are now rare and exceptional cases of outrage and injus- tice on the part of the Provost Marshals and soldiers, will gradually but surely become of far more general occurrence ; and you may ex- }>ect tin ally to see your State under the complete dominion of the niil- itary. There will then be scarce a square yard of the State which will not enjoy the felicity of some military functionary. They will come to perform the duties of all the civil magistrates — to be the tinal judges of all things. Into every province of civil law, and even of domestic life, these military otficials will in time most assuredly intrude, and become tlie tinal arbiters of both morals and manners. What will become of the citizen under this extraordinary state of government? The simple mention of a few instances, I trust excejt- tional, which have been brought to my knowledge by undoubted authority since my arrival in St Louis, will sufRciently answer : By the authorities in Washington my attention has been called to the fact that Provost Marshals in several districts of Missouri are seiz- ing and selling property, themselves being the judges of law and fact, and the custodians and disposers of the property involved. Another instance: An application wasmade since my arrival here for an order to take a military guard across the river into the State of Illinois, and arrest a citizen of that State, living twenty miles distant, and bring him to the military prison in this city, because a colored man, also living in Illinois, complained that the white man owed him for several days" labor, and had abused him when he asked for the money. An- other case, mentioned to me by a loyal gentleman of this cit}', a man 6 of liiii^h cliiiractcr and uiuloubted veracity. A iiuarn'l occurred between a man and his wife, in one of the interior towns of tlie State, in which, on comjdaint of the wife, the Provost Marshal arrested tlio Imsband. made liini divide his property with his wife, and then ban- islied him from the State. These are some of the cases (rare and exceptional, it is to be hoped,) which have already occurred. What would be the condition of things after long persistence in a system which logically and surely tends to such abuses? If it were not sad and humiliating, it would be ludicrous, to see citizens, the most distinguished in position and intelligence, appeal- ing for justice and protection to a Provost Marshal and invoking his decision of grave questions atfecting life, liberty and pro]ierty. As I said before, there are no organized forces of the enemy in the State, and I doubt not that twenty bushwhackers to each county would be considered a liberal estimate of the number of these enemies to mankind. In some counties there are doubtless more, in others fewer — but even in those counties most infested by them, they bear an absurdly small proportion to the inhabitants. These are all the enemies of peace and quiet now to be found within the borders of Missouri, and the}' are equally the enemies of every man in the State who has anything to lose. Can there be a man in Missouri willing to admit that if every soldier were to-da}- withdrawn from the State, the people would be unable to exterminate these small parties of robbers and thieves ; in other words, to say that the people of Missouri are incapable of self- government, unable to execute the laws which they themselves have made, against these ridiculously small parties of outlaws and va- grants? Who does not know that the State is abundantly able to free herself from these pests, if the people will only do then* dut}', and that duty the very first ever performed by man and equally recog- nized by all classes and conditions of men ? This seeming neglect of the duiy and the privilege of American citizens, a duty by the strict performance of which alone can we maintain our freedom and our free institutions, is to be attributed mainly, I think, if not wholly, to an alarming and fatal tendency among the peo})le, which I have been astonished and dismayed to notice elsewhere in more favored regions, to surrender to the military the execution of the laws, and thus to abandon all safeguards against tyranny and oppression, and to pass unconsciously into a condition of acquiescence in the complete dominion of military authority. Once let the American people abandon themselves to this practice^ which indulgence cuntirms into liaLit, und their liberties are gone from them forever. It is hardly necessary to say that under free institutions, the mili- tary is subordinate to the civil power, and that the life of a free gov- ernment depends upon maintaining this relation. There are, no doubt, occasions where, in consequence of the presence of the enemy, or other extraordinary cause, martial law may become necessary in certain limited sections of the country ; but such violent and excep- tional reversal of the true condition of things, should in every case be made to terminate with the immediate necessity which justified it. There is no doubt that for a long time afte.- the rebellion was inaugurated, military authority was necessarily and yjroperly made to supersede the civil power in Missouri, and perhaps that necessity existed until the inauguration of a new State government at Jefferson City. It would seem, however, that such a necessity should not exist much longer. I presume we will agree that not one step should ever have been taken in the direction of military supremacy except what was essentially necessary. Tet I find that although the pressure of that necessity was far stronger in Missouri in 1861 than to-day, and although in those days the enemies of the State and of the Union occu- lted one-half of the State with organized armies, and the malcontents who remained at home were infinitely more active and more danger- ous, because more hopeful, the extent of the military jurisdiction was trifling in comparison with what I now find it. There can be no reason for such a state of things, except that people once accustomed to yield their civil jurisdiction from the pressure of temporary neces- sity, soon acquire the habit of acquiescence after discovering how much trouble it spares them, and how much more easy it is, instead of performing their civil duties themselves, 'to devolve them upon soldiers and Provost Marshals. If a man is murdered, if a house is robbed, if any breach of civil law is committed, how much easier it is to write a note to the nearest Provost Marshal informing him of the fact, and then remain quietly at home attending to one's business, than to be summoned on a jury, called out as one of a posse, or in any other manner put to inconvenience. According to statements made to me by many of your citizens, this practice prevails to an alarming exteiat in this State, and unless it can be arrested and the citizens induced to resume the performance of their duties, I can see no redemption for Missouri. If the war were ended to-day. und the Union restored, I do not see that the condition of your State would be at all bettered. On the contrary, the thousands of your people who are in the rebel armies, 8 being disbuiided and returning to Missouri, lawless vagrants, without the means of livelihood or the inclination to work, would simply reinforce the small bands of bushwhackers and outlaws which now infest the State. The troops, too, now stationed in Missouri, would be disbanded by a return of peace, and the people of the State would at last be brought face to face with this question, and without the advantages which they now possess. This question must some day be met and settled by the people themselves. Is there likely to be a more favorable season than now ? On the contrary, does not every day lost increase the ditiiculty ? Is it likely that the people will be more wil- ling or more able in one year or ten years to resume the ]ierformance of their civil duties than they are to-day ? If they be more willing, will they have the same aid then that they can have now in the under- taking ? To resume the functions of civil government in Missouri will undoubtedly, at the outset, be a work full of labor and sacritice, and will require unusual fortitude and determination on the ])art of the people; but as it is a work which must be done sooner or later, and as there can nevei% to human foresight, be a better opportunity for that purpose than the present, surely now is the time to do it. Some of your people object that they have no organizations, and wish me to issue orders to assist them in organizing ; but such orders have again and again been issued without producing the effect. General or special orders from military commanders can never infuse into the people what alone is needed — and without which nothing can be effected — an earnest, resolute determination to act for them- selves, to resume their manhood and their civil ja-ivileges, and to put down the outlaws who obstruct the execution of the laws and depre- date u]ion the peojde. ' Any organization for such a ])urposo, to be at all etfectual, in fact to possess any vitality whatever, must originate with the ppo|)le themselves, and be controlled by them. It is useless to talk of the ])eoi)le co-operating with the military in carrying on a war of ex- termination against guerrillas and outlaws, oi- in ettbrts to resume control of the civil admini>^tration of your State. It is the military who should CO o] erate with and aid the i5coj)le, not the people the military. This distinction may not be obvious at lirst glance, but it is a distinction vital to success. Since certain orders, issued by me in JSGl, for the [(reservation of },eace in North Missouri, have been mentioned in terms of approval by public speakers in this city, and alluded to with favor, in peFSonal interviews, by many of your citizens, it may not be impro])er for. me to state that it was tlio same earnest ai-tioii of the i)eo|'le whicli is now proposed for the preservation of peace and the execution of civil law, which I undertook to secure in North Missouri in 1861, by the orders referred to. These orders were susjended and countermanded ])y hig-ber authority than mine. At the time a majorit}^ of the peo))le of Missouri were not pre])ared for Avhat was then considered an extreme measure. I believed then that the orders issued would force such action as would lead to peace in the absence of orsjanized armies of the enemy. 1 have seen no reason since to cbange that opinion, but find you to- day far better prepared for the extremest measures to secure peace in the ytate than you weie then for orders which in these days would be considered anytbing but radical. If these orders be approved, wh}- not adopt now the popular action wbich thev then recommended ? The jieople of ^Missouri are able to enforce law and preserve peace in the State, if only they use their power cordially and earnestly. Is it not better to use your civil officers to execute your laws tban have them executed by provost marshals? Tbe military forces under my command can and will render you tbe same service in either case. It is onh^ suggested to you that, for the present, you replace the provost marshals by your civil officers, and let tbe military force required be applied under their direction, and in conformity to law, and not under direction of a ])rovost marshal, and in conformity with his discretion, ^lay it not be apprehended, too, that your militia, a large and controlling body of your own citizens, are being educated into habits of disre- spect for 3'our civil authorities, and irreverence for civil law, by being encouraged or permitted to usurp jurisdiction of civil questions through provost marshals or military commanders. The lesson of irreverence is soon learned, but of all lessons it is the most difficult to unlearn. What reason have the people of Missouri to believe that their militia, once taught such a lesson, will unlearn it whenever it is found convenient to resume civil jurisdiction ? Is it not better, and far more likely to secure respect for your civil authorities, to require the troops to act under your civil officers in accordance with the laws of the country ? Certainly the change from Provost Marshals to civil officers in regulating the action of the military in civil matters, can be easily made, and without the slightest danger of impairing the efficiency of tbe military arm for that purpose. Some have said that Missouri is iiot entirely regenerated, and that although a loyal Governor and Legislature have been elected yet there remain still in office many men who are neither loyal or trust- 10 worthy. Tliu answer to this is iouiid in r(jsoluticforc your State Coveiitioii. That Convention embodies the sovereign ])ower of Missouri, and can to-day vacate all or any of the civil offices in the State and provide for filling them by the Governor of the State. Until 3'ou have not only loyal men, but energetic and determined men, who will do their duty with vigor and boldness, holding every office in the State, it seems useless for ^^our Legislature to enact laws. In fact, it is child's play to meet in Jefferson City to make laws which are either not executed at all, or must be executed to the extent and in the manner which suits the judgment or the fancy of Provost Marshals or military commanders. Until the people of Missouri are ready and willing to put forth their whole power to enforce the laws they themselves have made, it is a farce to legislate. I do not wish to be understood as advocating any abrujit or sud- den change in the present condition of things. I only offer some reasons why Missouri should take the first steps toward a resumption of her civil functions. Surely, all ])ortions of tlie State are not equally unsettled. In some counties it is probable that civil law is enforced, and that neither martial law nor soldiers are necessary. In other counties, not so fortunately situated, why will it not be well to take steps at once to at least begin the resumption of civil adminis- tration, aided, if necessary, by the military ? A little time only will be required, if civil law is promptly administered, even with the aid of soldiers, to make the people feel strong enough to execute the laws themselves. Of course I am supposing that the civil officers act vigorously and efficiently ; that they originate what is to be done, and that the soldiers act only under their call and on their authority. Slowly and gradually, county by county, the State could resume its own administration and dispense with the military. It is by such gradual and careful ])ro(,',oss that it seems to me cer- tain results can be obtained. Once let us make a beginning, and keep steadily and constantly in view, in everything that is done, thattlic final object is the restoration of civil administration, and it will not l)o found a long nor a difficult task to accomplish the result. But this end must never be lost sight of, and all arbitrary or ex- cei)tional acts must be carefully avoided or done only under the strongest and plainest necessity. Martial law seems essential now to the protection of life and property and to the preservation of the State from utter lawlessness, because it seems to be the onl^'^ law which is generally enforced. Until the peo])le pi'ovide officers to execute their 11 laws, wlio will be supported in doing so not only by the soldiers, but by tbe great body of the citizens, martial law is your only protection against violence and outrage. It rests with the people to replace it by civil law, and that this can be gradually but surely done there is not a doubt. It seems idle to dwell upon the absolute necessit}^ of returning to your civil status in the Union. Not only are your lives, liberties and possessions at stake in this matter, but every moral and material in- terest of the State is involved. Neither peace nor security at home, nor emigration from abroad, can reasonably be expected under the state of things which now obtains in Missouri. It is hardly to be considered probable that people living in other States where they have always possessed their civil rights and enjoyed the protection of civil law, will find any temptation sufficient to induce them to emigrate to Missouri and submit themselves to the risk of the present uncertain and exceptional protection of life and property which is offered. I trust that no one will believe that the military desire to continue this state of things. I say for them, as their commander, that nothing would be more satisfactory to them than to relinquish all connection with your civil affairs, and to be transferred to some field where they would confront the organized forces of the enemy, and where their presence with our armies might determine the fate of battles. The only duty which should now be required of the General Government is to protect your State from an invasion of the organized forces of the enemy. The proper position for United States troops assigned to such duty is some point on the Arkansas river. How can troops be sent there, when all the forces which can be spared for the defense of Missouri are, on demand of your ])eople, kept scattered over the State, on the plea that they are needed for protection against a few outlaws and robbers ? If I accept the views expressed to me by m^any of your citizens, more troops are required for this service than would be sufficient to beat the largest army that ever yet undertook the invasion of the State. It is said that the disloyal men in the State harbor and assist the bushwhackers. Such service is extremely hazardous, and if these statements be true, a boldness and a spirit are exhibited by your dis- loyal citizens, of which, if a tithe were exhibited by the loyal men, not a "bushwhacker " would be found in Missouri at the end of sixty days. Guerrillas and bushwhackers were never yet and never will be put down by the operation of a military force alone. How is it in Missouri? A company of troops is stationed in a village or neighborhood to protect the i)eople against these outlaws. 12 Two ()!• tlii-e(3 Itiisliw hackers (;oiiio into the town or poi'li:i|is live in it. and commit robbery and murder in .some bouse. Before tbe troop.s are notitied and <;et to the ground, the criminals have either Hed or mingled with the crowd, and although every citizen in the pbice knows precisely who were the oft'enders, where they live or who har- bors them, not a word of information on the subject can be had from them, lest the next night some of the party or some of their friends burn the house or take the life of the informers. Is it expected that the trooj)s, thus of necessity groping in the dark, can put down these outlaws, when the very men needing, perhaps, certainly asking, the protection of a military force, will not even give the slightest information ne- cessary to identify the guilty or the dangerous y)arties ? That this is really the condition of facts, I think you know. That it was so in lSf,l and 1852, I know by my own experience in 3Eissouri In those years. What gi-ound is tiiere for belie\'iiig ihat a military force, in the face of such inaction and fear on the part of the people, will ever be able to find out who the bushwhackers are, to say nothing of finding out where they are, or of exterminating tliem ? The fact is, that in many parts of the interior of the State the people are living under a reign of terror, dominated over and |)araylzed by a ridiculously small number o{' outlaws and vagabonds. It is useless to comment upon such an exhibition of — I will not say what — on the ])art of a large l)ody of American people. It is only necessary here to express the con\iction that just as long as this this strange paralysis continues, just so long will the people of Missouri bo harrassed and ]»]uiidered by bush- whackers, or by any other lawless vagabonds. \]\ the troops in the world could not, under jiresent circumstarutes. jn-event it. We come back then to the same question -Do the people of ]\[is- souri intend to rouse themselves and execute, as well as make, their own laws? A single exam])le of the trial of one of these outlaws before your courts, and his execution l)y your civil authorities, would do more to put an end to bushwhacking in ^lissouri than a thousand military executions. Strip these rogues of respectability borrowed from the notion that they are armed enemies and Southern soldiers, and reduce them, by actual trial and punishment before your courts, to their true status as outlaws and rutlans, guilty of theft and arson, and you will deal them aiid their symi)athi/,ers such a blow as will go far to end the business. In this undertaking you shall have all the assistance the military can render you. The military forces employed shall act under the direction of your civil officers according to law and the practice in times ])nst. They can thus render you as much assistance as in any other manner, and tlie resultof a success achieved under such circumstances will be of infinitely more benefit to you than a thousand successes achieved by the mihtary alone. I trust I shall be pardoned for so much reiteration, but plain as are the principles set forth, and familiar as they ought to be, and doubtless are, to all Americans, they seem to me to be regarded in Missouri as mere abstractions, which arc true, certainly, but hardly vital enough to control the action of the people. I stand ready to aid the peoi)le of Missouri, by all the means at my command, to resume their status as citizens. I will render them both by word and deed every assistance which will tend to restore civil governmentin Missouri, and most promptly and cheerfully, when they have done this, will I withdraw the troops under my command to their true position, under the Constitution and Laws of the United States. It is only necessary to put reliable men into every civil office, and to enact such lav, s as are necessary to restore peace and civil rights in Missouri. The soldiers under my command stand ready at all times to respond to the call of your civil officers, and to act under their di- rection in helping to enforce the laws of the Stale. Such is the position they ought now to occupy, and such is the position which under the action of your State Convention and of the State Govern- ment at Jefterson City, I trust they will bo ]iermitted to occupy in the shortest possible period. Of course I cannot indicate to you what I intend to do, because you may readily understand from the foregoing remarks that any measures which I shall adopt must of necessity depend upon the action of the people of Missouri. If they will only resume their civil rights and privileges, administer civil government and set to work to execute their own laws, I stand ready to put an end to military jurisdiction at a moment's notice. I will give all tb.e aid of the military to assist in reducing us to this subordinate position, but until then I am compelled to retain and administer martial law in the State. Unless you do it, and that promptly, civil liberty and free institutions in this country will have received a discouraging blow. If Missouri, without an armed enemy within her borders, with a loyal State Executive and civil officers, with an enormous majority oHoyal citizens, and with all the aid the General Government is now giving her, cannot resume her civil functions and execute her laws— Tn other words conduct her local a^l ministration — what can be hoped for the States further South, which do not possess the same advan- tages ? The example of Mi>=ouri, then, is of the last importance in re-establishing the Union. If she fails even to attempt to administer 14 her State Government, with a large force of United States troops to aid her, it would seem almost hopeless to make the experiment elsewhere. Missouri successful, and the problem of re-establishing civil Government in the States farther South is far advanced towards solution. Only earnestness and resolution are required. Can these qualities be wanting in your people? Your State Convention has emancipated the negroes — a groat work, well and bravely done. Cannot the people of Missouri now emancipate themselves? Can they not free themselves from the necessity of martial law ? Can the\" not resume the performance of their duty as citizens, and execute as well as make their own laws ? With great respect, Governor, Your obedient servant, JOHN POPE, Major General Commanding. Hon. Thomas C. Fletcher, Governor of Missouri. Official : Assistant Adjutant General.