7V SiDh 012 608 761 5 HOLUNGER pH8.5 MILL RUN F3-1544 m \ FACTS CONNECTED WITH THE INQUISITION RECENTLY HELD IN ^IL /^y 'c/^^c^yJLb^ 16 OULAj^ajU Ft4- PACTS CONNECTED WITH THE INQUISITION. The publicity which certain gentlemen who recently held an inquisition in this city for the purpose of enquiring into the question of my loyalty, have given of their proceedings, and erroneous statements upon tbe subject matter of their enquiries, which have been made, have been so widely circulated, that I deem it my duty, without obtruding myself upon the public, to give to my friends a brief statement of all the focts connected with this extraordi- nary proceeding. The subject of this investigation was a con- versation between myself, a Mr. Hubbard, John A. Innis and others, in the shop of Mr. Burbeck, on the evening of January 17th last. On February 8th, I received from His Ex- cellency J. A. Andrew, the following note. Executive Dev't and Mass. Headq'rs. Within is a copy of letter received by me and which I send to Capt. Devereux for his perusal, and such reply as he may see fit to make. JOHN A. ANDREW, Gov. &c. Feb. 7, 1863. To Capt. Ci^j^. U. Devereux, of 19th IVIass. Vols. ^<-^ The copy of the letter enclosed was as fol- lows : Salem, Jan. 19, 1863. Gov. Andrew : Dear Sir : — I went into the store of Wm. H. Burbeck, in Salem, on Saturday last, and had my feelings outraged by the treasonable language of a Mr. Devereux, who I under- stand, holds a Captain's Commission. He is, I find by enquiry, the son of Gen. Devereux, of this city. His name is Charles. Some of his statements were like the following : " He would not fight for the good of the negro." " He would discourage enhstments if the army was to fight for negroes.'' These remarks re- ferred to the Emancipation Proclamation. "He hoped to God that eveiy man in the army of the Potomac would come home, if they were to fight for negroes." Ho taunted us with the want of success of the Union armies, and asked exultingly if that looked as if God was on our side ? He said that the army could not be filled after the present men's time was out, because the people would not enlist, and a draft, if ordered, could not be enforced even in Massachusetts. There were about a dozen men present, among whom were the pro- prietor Mr. Burbeck, Mr. John A. Linis, &c. You will excuse the liberty I take in ad- dressing you, but I could not feel that such language from an ofiicer ought to be indulged in without rebuke. I am yours with very great respect, (Signed) J. GEO. HUBBARD. To this I sent the following reply Febru- ary ]2th. 1o His Excellency, Gov. John A. Andretc : SiK : — I received on Tuesday morning a copy of a letter purporting to have been ad- dressed to your Excellency, by one J. George Hubbard, of whom I have no further knowl- edge than is conveyed in his signature. Your Excellency does not need to be in- formed by me that no man could reasonably be expected to undertake a formal defense against charges made in a manner utterly irresponsi- ble. It is usually time enough to enter upon such defense, when the charges are presented upon proper evidence — in due form — before a tribunal authorized to entertain them — and substantiated to be, in themselves, matter of legitimate enquiry. But, as your Excellency has thought it best to call my attention to this document, and to intimate by your own en- dorsement thereon a desire to receive an ex- planation, I very willingly embrace the oppor- tunitj' afforded me ; and thank you for putting- it in my power so to do. I chanced to enter the shop of Mr. Wm. H. Burbeck, a tailor, in this city, upon the occa- sion alluded to by Mr. Hubbard, simply for the purpose of ordering some clothing. I found there several persons earnestly engaged in discussion of the prominent political ques- tions of the day — and especially of the points indicated in the communication referred to, of the individual who has thought proper to re- port, after his own fashion, and colored by his own prejudices, an interchange of personal opinions, private in its character and place — and moreover, not sought by me, but forced Tipon me, by the intrusive self-assertion of oth- ers. I was drawn into the conversation, by an observation from one of the parties, " That my old commander. Gen. McClellan, vas a traitor" — an assertion that I never can allow to pass uncontradicted. A rambling, and as regard.^ some present, an excited conversation ensued. I thought little of the matter at the time,, and nothing of it since. Perhaps most of those present, in the unguarded looseness of casual conversation and the warmth of the controversy, which I found raging on my en- ti-ance, may have said what it were more dis- creet not to say. As regards my own share in it, I find upon enquiry, that there were pres- ent honorable and respectable men, who knew and will truthfully report what occurred, if ever they should feel themselves called upon to do so. I did not in any form of language convey the impressions which Mr. Hubbard has de;;lared. In reply to some statement that the amiy was fighting for the negro and the proclamation, I said it was enlisted for and was fighting for the country and the constitution, which I considered the first condition and not the second, as some present supposed. I did' not say that the army of the Potomac would return, or want to ; and as to enlistments, I did speak of the difficulty of getting men of which I have experience and the gi eater difficulty still if they persisted in narrowmg the contest to the issue of slavery. If the charges should be deemed worthy of investigation by any authority competent and entitled to take cog- nizance of them, I can very easily show the- falsehood of the accusation. And now I trust your Excellency, will conceive I have said enough ; and I must re- spectfully ask permission to rest upon my ac- tions, my character and my conscience. When my loyalty shall be impeached from any re- sponsible quarter, and in any authoritative form, if I need any other defense, than a service commenced with the first levy for the defence of the country and its institutions, and contin- ued till wounds received at the hands of her enemies, brought me to the very gates of death — I shall trust to have a proper and sufficient answer. I desire to add that I hold myself bound, as- a military officer, to implicit olv^^^.ico of every order. I have never failed to c^Ascharge this obligation, nor do I purpose to be unfaithful. to it while there is any constitutional authority^ On tlio 14th day of April T Avas surpvised at left in our unfortunate and imperilled country, receiving from Kobert S. Eantoul, Esq., of Upon the momentous questions upon which the this city, a pergonal notification to appear at fate of that country appears to hang, I have 'his ofliicc on the next day as he and Mr. Wil- my private opinions — and your Excellency lard P. Phiihps proposed then and there to exam- will hardly deny, that such is not only my ine the individuals present at the conversation right but my duty as a citizen of a free country. 'alluded to. How far it may be proper or expedient to express an opinion upon the piobable results of any course of policy, I must leave to your Ex- cellency's own judgment. It is undoubtedly a ' delicate and important question upon which men who claim to be far greater and wiser thanj I, might err. It is my earnest desire — while preserving my own right of private judgment i and exercising discreetly the privileges and du- ties of a- citizen, to respect scrupulously the proprieties of my individual position, as an officer. If my frankness, or my honest indig- nation have carried me too far, I beg your Excellency, to excuse it — and remain. With the highest respect, Your ob't serv't, CHAS U. DEVEREUX, Capt. 19th Mass. Vols. From the time I sent the above reply until Tuesday, April 14th, I heard no more upon the subject, and supposed not only that my reply was satisfactory to the Governor, but that Mr. Hubbard and his friends deemed they had fulfilled their entire duty in making the representations they had to His Excellency. I had hoped during the winter that I should sufficiently recover from the severe wounds I received at the battle of Glendale, that I should be enabled to rejoin my regiment and sei ve again ray country in the field. But in this hope I was disappointed, and admonished by my physician that ray health would not per- mit mt to ventare again upon the hardships of active service, I April 6th requested my dis- charge, jmd upon April 20th received infor- mation that my request was granted. I appeared at the appointed time iwo place and enquired of the gentlemen their authuiivy for, the mode of proceeding at, and the pur- poses of, the proposed examination. Their reply is substantially given in the communica- tion I afterwards addressed to them on the sub- ject. At my request, the hearing was post- poned until Saturday, that I might havo op- portunity to consider what iny duty was in the premises. On Saturday they were infuniied that I had concluded to take no part in the proceedingSi and that I would, to avoid any misconceptions, give to them my reasons therefor, in writing, which I accordingly did in a communication of which the following is a copy. Salem, April 16th, 1863. 3fessrs. W. P. PMUipsandR. S. Bontoul-— Gents — I was notified on Tuesday last, by Mr. Rantoul, that you proposed to investigate certain charges against n'e, contained in a let- ter written by one Mr. Hubbard, ©f Salem to Gov. Andrew, and dated Jaji. 10th. Copies of that letter together with the communication of Gov. Andrew to me, and my re])ly to His Excellency dated Feb. 12th, are in your pos- session. The proposed proceeding, seeming to me peculiar and unusual, I deemed it ray duty to ascertain the precise nature and extent of your authority, the form in which the charges now stand, and the method and purpose of the pro- posed examination. Upon enquiry before you on Wednesday, I learned that yoa had no for- mal authority, except the request of His Ex- eelloncy ; that there were no charges in form, tbat I was to meet, except as set forth in the letter of Mr. Hubbard ; that you proposed to examine the parties and such persons as were present, and receive their statements, unsup- ported by oath or affirmation. You also stated that you did not consider that you had any authority or power to investigate the charges, except in an informal manner, and from the etatoments thus made, you were to determine, either that the charges were not sustained, or that there was a conflict of statements, and the case was one in your judgment for a formal investigation. You will perceive by reference to tlie letters, above replied to, tliat my attention was called to this subject liy his Excellency in a kind and proper manner, and I replied to it in the same spiiit. I presumed, from the long time that has clapsxHl since that reply, that it was satisfactory to his Excellency, and I did not suppose, after protesting to his Excellency against being called to answer such vague and informal accusations, that I should again be asked CO recognize still further infornial pro- ceedings. Proceedings which have the form of a trial to a certain extent, in which you have, not only no legal authority, but in the progress of whicli you are unable to afford me the securi- ties and protection, which sworn charges and sworn testimony only can give to a person aceu.sed. The charges made are in sultstancc, that I am disloyal to the government of my country, the most heinous chai-gcs that can be made against me, wearing its uniform and sworn to support its authority. I hav(! carefully con.'^idered the propriety of these proceedings, and the more caiefully from the respectability of the position of the gentle- men who are to conduct them, and my duty in relation to them. And I have concluded tliat my duty to myself and to the country, my duty to my brother officers and soldiers in the army. demand that I should decline to participate in any such proceedings. Protesting, that no man in this connnunity is more loyal than I am, or has given more significant pledges of his allegiance to the government, I beg leave to call your attention to the fact, that the array of the United States is governed by well known rules and regulations, which have the force of law upon all who are subject to them. To those rules ana regulations and to a court that can readily be convened under them I am as an officer of that army amenable. Neither the Governor of this Conmionwealth nor private persons have any right to organize investi- gations into the conduct or eonversation ^of officers of that army. To do so, will produce fearful elements of discord and danger, will undermine and subvert the authority of the United States and place its army under private and irresponsible surveillance. I cannot rec- ognize such a right by participating in these pro- ceedings. I have already stated to Gov. Andrew the true version of the conversation in ([uestion. If there are any charges to be pr-" ferred against me upon that or any other matter, I shall at all times be ready to meet them, when called upon by the Government which I serve, but I cannot submit myself to scrutiny and examination by those who have no jui'is- diction over mc or my conduct. There are other reasons of a more private and local character, of which I might speak, but I forljear to do so, as the reasons already given are suff.cient to control my action. \"our obedient servant, CPIAS. U. DEVEREUX, The papers on ^Monday evening contained information that I had received au"^ honorable discharge from the service on my application as above stated, and I have been informed that in consequence of it the examination of wit- nesses which was commenced on Monday was not afterwards resumed. I have since learned, what was to me before mysterious, the reason why this matter after having slept for nearly two months was revived at this time and these informal proceedings initiated. I have been informed that the sub- ject was introduced into the meetings of the cause it to be changed through the Ballot Box, the " liberties of the pi'uple " aie l)ut a mere mockery. Whilst I deem it the right and duty of every citizen to express his opinions full}', yet a prop- er regard for the authorities, the oiVinions of others, and the self-respect of the individual, should influence him to express those opinions " Salem Union League", an organization re- temperately and in a proper spirit ; and if du cently established in this city, of which R. S Rantoul, Esq., is Secretary and Mr. W. P. Phillips a prominent member, and it was there discussed, and that individuals who were present at the conversation and are members of the League gave their version of the conversation and made severe comments upon the subject of my loyalty. That E. S. Rantoul, Esq., prior to his appointment had stated that he had ex- amined into the facts of the conversation and that he was satisfied of the truth of the charges against me for disloyalty. I have been credi- bly informed since the proceedings were stopped that there were three individuals appointed on the commission of investigation. Who the third man is I am unable to learn ; but rumor states that it is Rev. Dr. Briggs, President of the League. Whether this proceeding was induced by the 3alem Union League, and whether its object was I patriotic or a partizan one, I leave my friends judge upon these statements. I do not desire to disguise the fact that I [ifier in political opinions with John A. Innis, Ir. Hubbard, and other members of the Union jcague, as I understand their sentiments. I be- eve the policy of the proclamation of Emanci- ation does not tend to a restoration of the ifnifp. I believe I have a right to entertain ly own opinion, upon this subject, and that as 1 America a citizen I have a right, whether in - out ot /be arc*, to express these opinions. or if th e i eopl/have not a right to express eir opinuons i^^on the policy of an administra- in with a Vi'e^ to induce a voluntary change, in the end that the people themselves may ing the heat of discussion which took place, I yielded in my language to the excitement of the occasion, I sincerely regret it. I volunteered for the war in defence o?" tho Constitution and tlie Union. T knew and de- sired no other object. No other motive could have induced me to enlist I served in the field until June 30th, 18(12, when I was disa- bled by severe wounds. ^^'luist at home, 1 have often heard expressions of contempt for the Constitution which I liave ever been taughi to reverence and regard as the paliailium o'i our liberties, and words of open hostility to the Union, the restoration of which I regard as in' dispensable to our future unity and prosperity as a people. And if when I heard the indi- viduals I met on the occasion referred to, place other considerations above the Constitu- tion and the Union, — and if when I heard the man whom I regard the noblest and most pat- riotic officer of the army, under whom it had been my pride to serve, denounced as a traitor, I passed the limits of propriety in the language I used, I trust my friends will take into con- sideration the circumstances in which I was placed, in palliation of my indiscretjen. Permit me to say in conclusion, that if Charles Sumner, the leader of the party of the Salem Union League, can publicly denounce the words the Constitution as it is, and the Union as it was, as " flash language," and his organ, the Commonwealth, desire that the tongue be withered that prays for a restoration of that Union — if Senators and Representa- tives of the Congress of the United States can openly declare that they will never consent ^v to a restoration of that Union, and thanlc God that ovir armies were defeated, as their success would have restored that Union — if the Governor of this Commonwealth when called upon in a moment of immediate peril for a few Regiments, can respond, that, un- less the policy under which I and others vol- unteered for the war, be changed, that the draft will )^c heavy upon the patriotism of our people, — if Messrs. Rantoul and Phillips who were to sit in judgment on my loyalty, can, since the date of the conversation alluded to, publish over their own signatures their delib- erate convictions that the Constitution of the United States is an " intolerable bukden of A iiereditahy compact witu iniquity " and " a system of roLiTiCAL, social and moral despotism the most complete in HISTORY." If all these things and more can be deliber- ately said by such men without deserving even rebuke, I would ask if I might not, under the provocations of such a discussion, have used strong language in regard to the effects of the policy of Emancipation, without disloyalty. I know that I am a loyal man. I know I love my country, that I reverence its Constitu- tion, and that I am now as I have heretofore shown myself, willing to lay down my life for its preservation, fnd if these gentlemen who question my loyalty, and they are apparently able-bodied, will show their devotion to their country by similar acts, I think they will be in a better position to hold inquisitions upon the loyalty of )nen in the service than they are now merely as exponents of a most bitter and pro- scriptive partizan league. CHARLES U. DEVEREUX. Salem, May 9, 1863. 4 ~ 'V 1 012 60 LIBRARY OF CONGRESS 012 608 761 5