xr>^ I LIBRARY OF CONGRESS. PRESSHTSD'BY UNITED STATES OF VAMERICA. cL <§tatt of li^to iork. No. 82. IN SENATE, r April 7, 1868. COMMUNICATION FROM THE GOVERNOR TRANSMITTING A REPORT OF MR. JOHN'JAY, SPECIAL COMMISSIONER APPOINTED TO REPRESENT NEW YORK STATE IN THE BOARD OF MANAGERS OF THE NATIONAL CEMETERY AT ANTIETAM. STATE OF NEW YORK : Executive Department, Albany, Apnl 7, 1868. To the Senate : I have the honor to transmit a report submii ted by Mr. John Jay, a special Commissioner appointed to represent the State in the Board of Managers of the National Cemetery at Antietam. In addition to much interesting information respecting the man- agement of the Cemetery, the report is accompanied by an official list of the soldiers from this State who fell upon the battle-field, authenticated by a careful comparison with original records, and possessing great historic value. R. E. FENTON. To His Excellency Governor Fenton : Sir — I have the honor to submit a brief report as " Special Com- missioner to co-operate with the Board of Managers and the Com- missioners from Maryland and other States in the establishment of a National Cemetery upon the battle-field of Antietam," under your excellency's commission dated 23d October, 1867. On the 29th of the same month I left New York for Baltimore, where I met by appointment Col. W. Yates Silleck, the Commis- [Senate, No. 82.] 1 ' \\J^^ ' 2 [Senate siouer from "Wisconsin, and chairman of the executive committee; unci we proceeded to Antietam, where we were joined by Dr. Augustine A. Biggs and Thomas A. BouUt, Esq., two of the Com- missioners for the State of Maryland, named in the act of incor- poration — Dr. Biggs being the President and Mr. Boullt the Treas- urer of the Board. In company with these gentlemen, to whose courtesy I was greatly indebted, I made a careful examination of the cemetery grounds and improvements, and Dr. Biggs exhibited to me his accounts and register, which appeared to be kept with minute exactness; and, I may add, that the duties of that officer as general manager of the work of the cemetery grounds seemed to have been performed with great fidelity, and with a careful regard to perfectness of execution and economy of cost. The cemetery plot is of irregular shape; the longest side on the north facing upon the Sharpsburg and Booneboro turnpike 779 feet, the west line 670 feet, the south side 43 L feet, the east 767 feet. It has been thoroughly drained, and surrounded by a mas- sive wall of great excellence, both as regards the character of the stone and the style of the work. This wall on the north side is surrounded by an iron fencing, affording a view of the cemetery from the road, with a proper gateway, with main and side en- trances — the posts of which exhibit in carving symbols of the Union in the shield and eagle. On the right of the entrance within the cemetery stands a sub- stantial stone lodge, nearly completed, for the residence of the keeper, and with a convenient reception room. The grounds already occupied by graves form a semi-ellipse, divided into segments of circles, sections, and parallelograms; each division being numbered by a letter, and each section of graves numbered in order. All the interments thus far made have been made under the orders of the War Department in pursuance of an act of Congress by the United States Burial Corps. On the 23d May, 1867, the number of dead thus removed was 3,580, of whom 2,462 were identified, and 1,118 unknown; and the total number has since been increased to 4,695. The dead have all been buried under the personal superintend- ence of Dr. Biggs, who has entered in his register on the spot the name, number, company, and regiment of the deceased, wherever the remains were identified, so that each grave can be known with certainty, in case the friends should wish to remove the body. No. 82.] 3 Excepting in a few cases of removal from other cemeteries, where the graves are marked by the original head-boards, the graves are still unmarked. No uniform plan of headstones has as yet been adopted. Besides New York, the following States have contributed to the expenses of the cemetery : Maryland, New Jerse}^ Minnesota, Maine, Rhode Island, Pennsylvania, Wisconsin, West Virginia, Massachusetts, Ohio, Indiana, Vermont, and Michigan. The moneys already appropriated by these States, including ten thousand dollars appropriated by New York, and now paid in full ($4,500 having been paid by my predecessor, and $5,500 by myself), will be more than sufficient to complete the general work of the cemetery, including the lodge, roads, walks and planting; leaving, as I am informed, a probable balance after all the moneys appropriated by other States have been paid, of from five to seven thousand dollars toward the work still remaining to be done, in supplying head-stones with inscriptions; and, towards the monu- ment, which it is proposed to erect on the highest part of the cemeter}^ grounds. The design adopted by the board, for this monument, is a colossal granite statue, upon a granite pedestal, of a soldier in the National uniform keeping guard over the dead; and from this elevated position in the midst of the battlefield of Antietam, it will be visible from afar in every direction. The estimated cost of this monument will be $30,000. The artist, Mr. J. G. Batterson, of Hartford, has been requested to furnish a photograph of the design for the final approval of the board, and an apportionment of the cost will be made among the States whose dead repose in the cemetery, and who have united in its establishment. I am at present unable to advise yonr Excellency of the exact amount that will be yet required from New York toward the erection of gravestones or for the monument, but as the former should be erected without unnecessary delay, I beg leave to sug- gest the advisability of an appropriation by the Legislature of a further sum of ten thousand dollars for this purpose, to be called for as it may be required, and to be paid either to the treasurer of the Antietam board, or to such person as may be employed, with their approval; to furnish head-stones with inscriptions for the graves of the New York soldiers, upon the requisition of the 4 [Senate special commissioner of this State, indorsed with the approval of the Executive. Subsequently to my visit to Antietam, I attended on the 5th of December, a meetino^ of the board of trustees at Washington. At that meeting, Mr. Boult, one of the commissioners from Maryland, called attention to the sections of the act of incorpora- tion, devoting the cemetery to the burial of all who fell in the battle of Antietam; and during an animated debate which arose upon the subject, I read the letter addressed to me by your Ex- cellency, on that point, dated the 3d November, and introduced a resolution which was amended and adopted as follows : '■'Resolved^ That in pursuance of the provisions of the fourth section of the act of Maryland, passed March 23, 1865, incorpo- rating the Antietam National Cemetery, this board do now allot and designate, for the burial of the Confederate dead who fell in the battle of Antietam, or in the first invasion of Lee, the south- ern portion of the cemetery grounds not now occupied, and sepa- rate from the ground devoted to the burial of the Union dead." The vote, on the adoption of the resolution, was as follows : Ayes — Maryland, New York, Wisconsin, Michigan, Vermont, Indiana and Minnesota — 7. Noes — Ohio and West Viririuia — 2. The grounds thus allotted embrace, as it was stated, more than two acres, and should they prove iusuificient, there are additional plots which might be similarly appropriated. In accordance with the suggestion contained in your Excel- lency's letter, that the attention of the War Department might be properly called to the subject of the burial of the Confederate dead, attended by Col. Silleck, of Wisconsin, I waited upon General Grant, submitted to him the facts, and asked if the De- partment could render in this case the same assistance, which they had already given in the case of the Union dead. General Grant expressed his decided approval of the fulfillment, b}'' the trustees, of the provisions and intent of the charter in this particular, and his own readiness to give them whatever assistance he could render ; but, upon consultation with Inspector-General E. A. Schriver, he advised us, that the previous employment of the United States Burial Corps had been in pursuance of a general act of Congress, providing for the burial of the Union dead throughout the country, and that the department was without authority and without funds for the work in question. No. 82.] 5 111 answer to a question as to the advisability of an application to Congress to make an appropriation for the purpose, he referred to the determined spirit of retrenchment at present prevailing at the capitol, as rendering the success of such a proposition at this time extremely doubtful. This opinion of General Grant was confirmed by a number of Senators and Representatives, with whom I advised. Whether the southern States, as at present constituted, wdll notice the action of the Board in allotting grounds for the inter- ment of their dead, and respond to it by appropriations for that purpose, is, perhaps, a matter of uncertainty. In case no such appropriations should be made by the present governments of those States, and if their reconstruction should, from any cause, be postponed beyond the present winter, I think it clear, that the work of gathering up and decently interring, in the cemetery grounds set apart for that purpose, the remains of the confederate dead, may, in such case, be regarded as a work which the humanity and honor of the northern States, whose troops were victorious in that contest, require them promptly to undertake. I would, therefore, respectfully suggest that, should such a con- tingency occur, the Legislature of New York, should they approve the recommendation, might conveniently instruct the State com- missioner in this regard, and made a special appropriation to cover the proper share of New York in the cost of such removal and interment. It is a fact not pleasant to relate, but which, nevertheless, has a significance not to be overlooked in this connection, that the remains of the confederate dead on the battle field of Antietam, for whose equal benefit, as your Excellency has distinctly shown from the act of Maryland, this cemetery w^as established, now lie buried on the battle field, occasionally at a depth so shallow that their bones are sometimes disturbed by the ploughshare and the harrow. Dr. Biggs, President of the Board, stated, that a skull was recently brought to him which had been turned up separated from the body. I submit to your Excellency, that the decent interment of these remains is a matter that closely concerns the National character, that it is one with which the passing politics of the day have no right, and, I trust, no disposition to intermeddle, and perhaps, also, as one in which our State may be supposed to feel an especial 6 [Senate interest, from the fact, that the battle of Antietam, the first deci- sive victory of the war that protected us from a southern invasion was won by the heroism of an army to which New York had largely contributed. I have the honor to be, sir. Very respectfully, Your obedient servant, JOHN JAY, Special Commissioner^ (&c. New ork, December Idth, 1867. COMMUNICATION FROM JOHN JAY, TRANSMITTING AN OFFICIAL LIST OF THE DEAD OF THE STATE OF NEW YORK INTERRED IN THE NATIONAL CEME- TERY OF ANTIETAM. To His Excellency Governor Fenton : Sir — I have the honor herewith to transmit an official list, hereto appended, marked "Appendix I," of the dead of New York, commissioned officers and privates, who are interred in the Na- tional Cemetery of Antietam. The list was originally furnished to me by Dr. Biggs, the President of the Antietam Board of Trus- tees, and has since been revised and corrected in the office of the Adjutant-General of this State. It gives, in regard to each soldier buried in the cemetery, first, the number of the lot; secondly, the number of the grave; thirdly, the rank of the deceased; fourthly, his name; fifthly and sixthly, the company and regiment to which he belonged; seventhly, the arm of the service, whether infantry, cavalry or artillery; eighth- ly, the date of his death; and ninthly, occasional remarks giving further particulars, as to the time and place of his death, whether in action or in hospital, of wounds or disease. The list includes the names of only nine commissioned officers, the remains of the officers having been gcnerallj^ removed by their friends after the battle of Antietam; of eight hundred and eighty-six non-commis- sioned officers and privates, including some teamsters and forage- masters, and thirty-nine names of soldiers whose residence is unknown. The original preparation of this list at the cemetery must have required a large share of time and attention. Its revision in the No. 82.] T office of the Adjiitant-Geueral has been somewhat hihorious and difficult, and the roll is fragmentary and incomplete. "This list,"' remarked the Assistant Adjutant-General, " when received was of necessity very imperfect, in many instances part of the name being given, in others the initial letter only; sometimes the wrong com- pany, and often the wrong regiment, as, for instance, a soldier may appear in this list as belonging to the 10th infsmtry, and his name be found on the rolls of the 10th cavalry or artillery ; or he may be represented as belonging to the 49th regiment, and be found on the rolls of the 149th regiment. It has therefore been neces- sary to examine every roll or return on w^hich it was at all likely the name of the soldier might appear. It would seem from the frequent remark attached to the names of soldiers in the office of the Adjutant-General, that their rolls had " no record of the death," that, in many instances, the Antie- tam list has conveyed to that office the first official information of the fact. When printed, this list will probably convey to the widows and children, the family and friends of manj'^ a soldier buried at Antietam, the first authentic information when and where he fell, and the advice that the exact place of the interment in the Antietam Cemetery, has been named, marked and numbered with religious care, so that, amid the thousands there sleeping together, the survivors can stand by the turf that covers their own dead and lay the tribute of their affection upon his separate grave. In many cases, also, they may learn where the dead soldier fell — whether on the battle-field of Antietam, which the visitor to the cemetery beholds all around him, or from death wounds received at Har- per's Ferry or Bakersville, in Maryland, Richmond, in Virginia, Gettysburgh, in Pennsylvania, South Mountain, Crampton Pass, Burkesville, Knoxville, Downsville, Frederick, Baltimore, Cum- berland Gap, Winchester, Sandy Hook, Maryland Heights, all in the State of Maryland; whether he died in one of the hospitals, or whether, in the words of one touching record, he was " left mortally wounded on the field," In many cases, too, the friends and relatives of the dead can supply to the Adjutant-General additional information, proper to be entered upon the rolls, and gradually the record, now so imper- fect, will become more complete. I would therefore respectfully suggest, that the list hereto appended be printed, and that a sufficient number of copies be supplied to the Adjutant-General's office for the relations and 8 [Senate friends who may apply for the same. If thus printed, as I trust it may be, it should be done under the supervision of the Adju- tant-General, and if the corrections made in the roll by that officer were, throughout, placed in italics, it would be, on some accounts, a matter of convenience. In making this recommendation, I beg leave to recall to Your Excellency the suggestions, in my last report, for a further appro- priation by the Legislature, towards supplying head-stones for our dead soldiers, and any further expenses properly incidental to the completion of the cemetery. Since the date of that report, His Excellency, the Governor of Pennsylvania, has advised the Legislature of that State, that he had withheld an appropriation of $3,000 which had been pre- viously made to the cemetery, and based the withholding chiefly upon the action of the board of trustees in appropriating a part of the cemetery, in accordance with the provisions of the charter, for the burial of the confederate dead. A member of Congress from Pennsylvania, the Honorable John Covode, in an elaborate published letter addressed to Your Excellency, indorsed and seconded the views and action of Governor Geary, which consti- tuted, in fact, an accusation that the trustees had violated their trust, and were perverting a cemetery devoted to the burial of the loyal dead to the interment of rebels. As these assaults upon the trustees were calculated to impair the confidence of the people in the integrity of their management, and as the action of the trustees was initiated in the board by me, as the special commis- sioner from New York, I have deemed it proper to reply to the letter of Mr. Covode, including, as it did, a notice of the argu- ments of Governor Geary, in a letter, a copy of which is hereto appended, marked " Appendix II," showing that the trustees had 110 discretion in the matter, but were bound legally and honorably to observe, in good faith, the provisions originally established by the State of Maryland, and that any other course would have been a breach of the condition to which Pennsylvania and New York had assented when they appointed commissioners, made appro- priations, and buried their dead in the inclosure. I have the honor to be, sir. Your excellency's most obd't servant, JOHN JAY, Sjpecial Commissioner, tCc. New Yokk, Apil 2d, 1868. 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T3 t: MP- 13 •_> ■ fee > . u -^ ' • 4' i" • ccP- I I - *H : : :^ t- - 00 so — Mcc-^otct-ooroc > — C<1 CC -rt* If > CO t— a 'oo^o^ 'cTco'^ ~S~C£ , t- CO 05 •OK C > c 1 c<) c* •^ h «* -^ ^ ^ ^ 5 5 ^ 5 ^ ^ q; ^ H Tjt -Tj, T)< Tf -.J •* -* -^ ■ 9 to bO 1-5 bOT 3 O 3 S" C 00 :C »~ c as t-Tos ji: ■g^ tc^ "O -S^ji: ^ ^ bo_2 3j;3C 2jCOu3y © c o o o o o 'C 'O "^ "^ '^ ^ '3 O !->,«>- O "^"S >- ^"^ ti ±: >^J: i^ ■■Z > C.I-;, lC0505i;iOCDO'0 Sp<: gh^M«>. 3 li •-! -3 .? a S « ^ - r-. _ >- O o 3 • C O p .— 73 ii ■- >>=: 3~ ~ « « ce -5 >2 a ? tH 3 -5 C* . 3 J2 O .ii *^ 3 ^ S3 iJ -r .2 bl ~ -^ ~ si '- ^ J3 ■ •<3 1-5 I I »_> -^ p ~ 3 ^ 3 ^ o ^ . 3 ^ - * o ^^ a ^- 3 - < ' -^ 5= j- l=H.O %< 5 S 5^ S 3' ^ o a '^ — c- t- 3 ri: P5 c-r; <|i-5 P SQ '-:-hO. :8 ,-^ & C300000C0 — -^ — . -»^ 3 c5 --^ =S C30000000 "" O 'J^ O "tJ o '^ O ?^ O &H CO in ^- c-i r? -^ »o ' ■^ TT Tt ■* -^ ■ • 00 05 0'^-e^?c^*ft«0i-.^w. ^ — -V, C035O-H(Mr5-t«" 13^ I -i ci o ; b£_> -3 I — M 1 00 00 22 [Senate £ t uSaH -a 02 .2 M &0 tw •ri s -s JS S c V , S d o (»-, o cS t» TD ^ bCM <<<. • CO oo CO CO eccT '. -^ ft. • O CC ►» ; ; : : ^ ■> (* O'lOCOOi^OOi'^^OOO GO 00 00 CO CO 00 C^ 00 05 ^ c^ QJ O O O ^ C3 CCOOO <1 1-5 o<;c>i-(Oi-ih-iM c/)'>rcocococococo «t:iz;;2;;2;oooi-j mil cS C =5 c3 H c; N c^ j>. ^ 1 . ^ =*» !- >.,*^ O O OJ > C -3 1:3 m m J!^ «D *o 1-- t- l-H •00 p^^ a 0) C5 fin a & a •5lUT!y^ •OR •IOI C5'2' cj L* « o O O O tn c a '- -a -s "d o « c5 o 0)0000 ^ T3 T3 'O 'd P»i o P >>2 o J3 Q O O — C 0^:0 fi^^S cW.Spqpq ■^ti 00 Po =* >..-o ^ o a c ; '^'-j ' P5 g ,= !z; .5 ^- a c '-' j^ p5 oS"a-2j5'«S'S"oa)rt :PSfl 1HSi-sW -;:s s ;Si-5pt)o ciooooooo ooooocooo ! -3 -S -J "3 0000CCC00D00QC05CiQ5 3;CS05050»3sa5O'O<3-C^<^O'■ C 'i^ o c; ^ tO »0 lO O — (M O lO -O r<; ■<* >o 5C lO lO »A 10 No. 82.] 23 12; i2 S to ^ ^5 & > o CD o "S V t- Lri ^ 0) M a ?-> >4 cs Jj o o o M M « TJ O o ,»j .^j -•J ,i to to <•<;<«<<; cooocxjcooooocccccccoxiccao O •^(^t- 03 00 CTS •* (M 1-1 1-1 C-» M OOOOOOOOO^y^g iM e^ c^ c^ M ^ :C cc ?c !0 CC' cc cC' 00 '00 o to C5 ^- oo o o 57 o o «c ^ »* o > > > > o o o o 12;;2; ;2;^ ■^OOOOOOOSOOOOi-' Cn !« fl g * c I— I O M(-( hJ t-( ,_;:5< «w i^-s O =3 -a ^ — := >; — o O u o S " c3 ^^ -fc^ **-" ^ O cS 3 so i2, !z;m !z: o _ — "SoO ? .S oS I- CB ^ o Ph bC-S rs M3 o o o ceo CSC cKr^cc o _ c i-i, c c c s ^.3 e 55 oV.; ^ c .ccCj3qo'oj=^ -ssotsol^j:: t);5t;Pt3H^rt>^oSs;z;p5^PO^^ P5 o o t-i >» .-re .0 a ° ,5 ^ -5 . 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' 3; fe f=< >K1 Ji CBtCP ooooocoo- •0-S-3'3'!3'!3t3'S P< CSOOOOOOOOOOOOOOOOOO >'C'^T3'T3'3'S'B'3'C't5'3'B'T3'3'T3'3':3'3 tD > O Z O ■ ^- 0»0i0»000^u^i00»0i0i00"00i0i00*00i0i0"^00' 24 [Senate >% t» o eS o -^ • :• 60 P CO ->2 i_-> (M^ ^ft pfi 01 o • g: W ^ ed eS !zi T3 -a Xi r— ! o o o a» PQQfi 0) a> bO to ooccccoooooiooco •aooocooocooooocoooooooooaooooooooooocooooooococo «~'o'gO O >0 C^ ■^(^^ *^-^-i— lOii-ToSi— li— lQo"050000«DOiOOOi£>OOCi:iCOiONi— iC»5 i-HCO M(MC^eqC<> ^C^MWr-l i-IMC > > > > ^> > • > > > J, >^J,^^^^^^^^^1^^^J^^^-^ o Ph Ph h>. -.J0000^>^0!-->^0000 o a o o o o o o o o o o o © •qSan •00 bM r» (-* ■S C to !3 t- *- o ^ J3 c3 oj , 5 o pS g; '^ '^^ 5! ^T3 a M-r, ? -^^ ? c, • W fe 'O ® sS 5 g p A-^ s- - ■E^ ''S E-iH^HHHi-sO<:^S'-sPi,SW'-sWH5i-5^fnd5fii-5PL, •^^u^'a cSOOOOOOOOOOOOOOOcSOO 0000000. a o o o a >'iS'S'3T3'dn3'a'^i3'6'C'a'^'0 P<>-'0'^'B'WS'0'e't3'^'8 tic>-'B'0'^iJ •0^ "JOrj No. 82.] 25 <^^a5'M 3 • ^ • !S o S t> o o .2 o '^ 2 eS « -< ft ft tc '^ goo _ go si So M N m N to to to to oo 00 00 00 tototc^-tcto CO oo 00 00 oo 00 ri (M IN N M M C^ tc to tc to to to to 00 00 00 03 00 oo CO fH r- I— 1-1 — M iN-^-^aO'Ootoxt-'*'='OOcoc^t~- i— o — lOt-t-to C^IMMMMCOC^MMMM ^ r-i r-( M >. > >. t. o o o o o c o o o o o o CO iziooo oooooooooo!2;lzi?;^!2; !?; ^ ^; ;?; t?; ;?; fe *-(« O M i^(M oo -^ M 5^ to -^ to ■* ■* O 00 cc N ^^ to o to O«r-O0iM05030St~>OO00i-itD00 NOIMt0t0t0=Ct005-*r^00e^t0i-l •* t~ CO o> t~ ta c<3 to 1>- -"t M lO to WfM «6 tS -^ ~ o o X X =: H es^^^ = a 5 «8 SO' ^-g-go §« S^ K w^^^i 1-5 Oh Pi Hj 'C B .« c .O "3 o .-a a o S^? 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(a o '^ o o o o o o o 13 -3 13 13 -a -3 -3 OS o> ec -* lO to OA O) Ci Oi lO to lO lO t- 00 05 Oi 05 O m to r- M K -^ <= o o o tc tc to to iOtci:-00CJO^I<>c<7'i'''^tct-00Cn Ot^iOOO^-^- — — ' — r-< — •— i— ■'^ totototctotctotctotctctctotctc =. r- C^ CC ^ -O to es (M iM cs e-1 iM M tc to tc :C to to to 26 [Senate o Q -fcj TJ 2 S ^ 2 fe cS ci^ M r-1 ^ i* 1 «j 2 ^ -3 to S a to 3 ^ tl .2 ^"^co" P5 i- *" = S ^ £^ CO -^ CO a -r; - « a ^ fl. ^3 cS 3 'S '0 <: 's 13 M -a g 13 .2 £f=^ .2 2 « ai » fi Pi O S . e-^M(MlMt~JlM(MM C^I<» So en ■«^^^ C5 e^srT.cT 't t-rj>rrM sc"-- M o rH (MMCSi-H (Mi-I r -1 Cqe^ MNNlMMr-iri o >>t-^t.>>-55 OO t->t>ooooo iooot>oqoc^oocjjDQ e3 OOOOOOOCJ q:j OOOoC^OJCJGJ Q ^;?;2;&;z;fe;2;p) OO ^^^p UPPfiQC O a >> i b '• ' >> • >> b • >. « u . • »-. • !- >- ■ ^ -^ o * i ^ 00 00 *^ tu liOOOOOOOOOOCOO |"S s^ • c 13 :ga -3^3 ^-B^a^s ; aib'B'3'Sl3-3'Wi3'rT:'3'^'S13 ^g e« S*H -^ a • a • a • a "3 a M • M COM hJM < . 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'■ •♦ a fl ii U "^ «« bo ' ■ .J -^ tf-i g O >■ a ! "1 > ft It o S C rl • = O cS {25 fe 5 1^ •W^fi -s 8^ gj U P O S " ■ a ° a p-2 s > ^%1 ) '. — ' I 3 ) tt ed q^ QS;s '^Qg^ii 1 ca a (P a> — > c5 O , " ^. a 3 >-i s CH ^ J3 a o eS ^ fl o • Iz; OjU < ;:2 l-jft . ■ E i a . . .CO 4d * =s ^ ^ ^ cs a ^i^ S § § « ® p c fi : ! s c c a 3 s cS J 2j flJ 03 QJ Qj (^ P5 -I: ;^ll|3^ . (M M 1-^ hJ IM (M •ejsl «©■* u- 5 to OS 1» OS r-J OO r-( r-i e<5 M •J01 «s 03 No. 82.] 33 List of Unknown Soldiers. Grave No. 6 Jenkins 148.... Joseph Burk 150 John Winterhalls 250.... J.Colby 253.... K. Macklm^ Co. " G." 257 Joseph Whip [Division. 282 James Boker Died Nov. 6, 1862, Newton's 284.... RC 295 Meeker Miller 302 D.Kimble.- 310 Alexander Walter 319 Armstrong 329 William A. Cunningham. . Co. A. 331 Joseph Harrington 332 Brison Hoop 371 Christian Nasin 398.... N.H.Dyer 420 Isdell 476.... Halbfas 498 Joshua Weaver 499 8imon Troup 566 Michael Murray .. 573 Zachariah La Count 622.,.. J. R W 625 Thomas Cooper Cavalry. 653 D. W. Ford. Died December 11, 1862. 659 Reuben Eains Died Feb. 16, 1865, teamster. 660 S.John Died Oct. 2, 1864, teamster. 661 . Thomas Gibson Died Sept. 5, 1863, forage master. 664 Robert Smith Died Sept. 21, 1862. 665 Jacob Rodeget Died Sept. 20, 1862, Co. F. 666 Church Hill Died Sept. 24, 1862. 675 Charles Corney Died Oct. 9, 1862, Co. C 1st Rifles. 676 JohnQuigley Died Oct. 8, 1862. 677 Benjamin F. Tuny Died Oct. 9, 1862. 816 George Wintfield Co. G 4th Regiment. 830 Stephen S. Bradock Died Jan. 27, 1863, Lafayette 822 Samuel Stoll [Cavalry. 839 Levi Lemon.. [Senate, No. 82.] 3 APPENDIX 11. COMMUNICATION FROM MR. JOHN JAY IN REPLY TO A LETTER WRITTEN GOV. FENTON BY HON. JOHN COVODE, M. C. Hon. John Covode, House of Representatives: Sir— As oue of the commissioners of the Antietam Cemetery, I beg leave to answer your elaborate note to Governor Feuton, in regard to what you call his " Antietam letter." It was in consequence of information officially communicated by me to the Governor that that letter was written; and fully concurring in its arguments, its sentiments and its recommend- ation, I inU-oduced to the trustees of the cemetery, the resolution which they adopted by a vote of seven States to two, allotting a separate part of the grounds, in pursuance of the charter, for the burial of the Southern dead. It was this resolution to which Governor Geary referred in his recent message, as justifying the withholding an appropriation of $3,000, that had been previously pledged to the cemetery bj the State of Pennsylvania, and which was made the text for his remarks which you approvingly quote, on National honors and monuments to the rebel dead. In these circumstances which make your widely circulated letter to Governor Fenton, in fact, an assault upon myself and my col- leagues in the board, you will find my apology for thus address- ing you. I propose to vindicate the recommendation of Governor Fenton, for which you have arraigned him before the country, and to defend the action of the trustees, which Governor Geary has denounced to the Legislature of Pennsylvania. Neither vindication nor explanation would have been called for, had you in your letter, or had Governor Geary in his message, frankly quoted the arguments of Governor Fenton; showing as he did, by careful reference to the act of incorporation, that his re- 36 [Senate commendation and the trustees' resolution, were based upon the simplest faith and the clearest duty; and I regret that you have compelled me, in defending my associates and myself, to show that both letter and message were strangely disingenuous in their statements, and singularly unjust in their charges and insinuations. The burden of your letter is, that Governor Fenton had made *' recommendations of National honors to the rebel dead." You say to him, "I think you will find that in common with me hun- dreds of thousands of loyal men, whose hearts yet bleed with wounds received in the wicked war the slaveholders urged against the Nation's life, have been shocked and outraged by your recommendation to do lienor to the authors of their sorrows and the workers of their countrijs woes^ Again, you characterize his letter as a " heartless mistake," and you close with an intimation that it was an insult to be remem- bered and avenged by "the survivors of the Union Army, and the relatives of its dead and wounded." These, sir, are grave charges, made publicly, and with seeming sincerity and indignation; and yet they find no warrant whatever in the recommendation made by Governor Fenton, and acted on by the trustees. Let me briefly remind you of what the Governor did say in his Antietam letter. He called my attention to the fact that the cemetery was originally purchased by the State of Maryland, as a State cemetery for the burial of all who fell on either side in the battle of Antietam; that by a subsequent act (Section 2d), it was devoted in perpetuity as a National Cemetery, for the pur- pose of the burial and final resting place of the remains of the soldiers who fell at the battle of Antietam, or at other points north of the Potamac river, during the invasion of Lee, in the summer and fall of 18(32, or died thereafter in consequence of wounds received in said battle, or during the said invasion." That by the fourth section, entrusting the care and management of the grounds solely to the trustees, it was declared that " it shall be their duty, out of funds that may come into their hands, by State appropriation or otherwise, to remove the remains of all the bodies referred to in the second section of this act, and to have them propirly interred in the aforementioned ground. The remains of the soldiers of the Confederate Army, to be buried in a jxirt of the ground, separate from those of the Union Army^ That the third section named four trustees from the State of No. 82.J 37 Maryland, who, with one trustee from each of the other States, to be appointed by the Governor of their respective States, were created a body politic, under the name of the Antietam National Cemetery, to whom should be conveyed the ground referred to. Governor Fenton remarked, that from these extracts, it was clear that the use for which the ground was purchased, with power to the trustees, and appropriations by the State of Maryland, Avas as a burial ground for all who fell on either side, with tlie single proviso, that the ground should be separated, and that a duty rested on the board in reference to the two classes of fallen soldiers, the board being instructed to appropriate one part of the cemetery grounds for the dead of one arni}^, and a separate part for the burial of the other." Governor Fenton referred to the fact, that the trustees thus far had executed the duties imposed upon them only in reference to the Union dead, who, at the suggestion of the board, had been buried by the authority and at the expense of the United States Government. He then suggested, that even if it should be urged in reply to this argument, that inasmuch as the States lately in rebellion had not joined the Association, nor contributed to its funds, the board were not bound to devote to the burial of the rebel dead any part of the funds received from the States which furnished no soldiers to the confederate army, yet, to this argu- ment, Maryland and West Virginia were exceptions, since they had each furnished such soldiers, and they had each contributed to the funds. He then added: ''But looking at the matter not from a narrow, technical point of view, but from a broad National standpoint, it seems to me that good faith towards the State of Maryland, which originated the scheme, purchased the ground, enacted the law, and made two appropriations to carry out its objects, make it the clear duty of the trustees to effectuate, as far as lies in their power, the known intent of the act, and that such a course will meet the approval of the people of the loyal States who have become parties to the corporation, and whose dead repose in the cemetery." Then came an allusion to the fact that a local and individual feeling m the neighborhood of Antietam might have created an indifference to the disposition of the confederate dead, and the Governor offered the brief reflections which you quote, intended to soothe the feelings of any friends of the Union dead who might think that the near burial of their rebel antagonists would disturb 38 [Senate their slumbers, and, after referring to the well known case in our own history of the British and Americans who fell at Plattsburgh sleeping side by side, and to Wolfe and Montcalm reposing under a common monument on the plains of Abraham, he alluded to the probable influence of this cemetery in aiding our National recon- struction: "To-day nothing, perhaps, could soojier re-awaken a National spirit in the heart of the South than the thought that represe'^itatives of the Northern States were gathering the remains of its fallen sons for interment in our National Cemetery; and in future days, when our country is one, not alone in its boundaries, but in spirit and affection, and the struggle is remembered as a war less of sections than of systems, the cemetery at Antietam, with its collossal statue of a Union soldier keeping guard over the ashe^ of all who fell in the opjDOsing ranks of McClellan and Lee, wall have a common interest for the descendants of those who died on either side in that sad and memorable civil war." The letter closed with the recommendation which you have so strangely perverted: " I think, therefore, that the trustees of the Antietam Cemetery, especially in view of the fact, that the South- ern States have not thus far been in a position to contribute to the general funds, should either set apart a sufBcient plot of ground within the cemetery wall for the burial of the confederate dead, or make suitable arrangements for an enlargement of the present enclosure, if necessary to the attainment of the end proposed. I would also recommend that the attention of the War Department be called to the subject, and I entertain no doubt that the Secre- tary of War will cheerfully cooperate in an object of so much interest." Such was Governor Fenton's letter. Now, sir, for the fairness of your comments. Instead of meeting his argument you avoid it; you do not even allude to the act of Maryland, nor to his examination of its provisions. You ignore entirely the fact that the cemetery was dedicated equally to the burial of the Union and the confederate soldiers, that the trustees were bound by the charter to carry out that provision, and that their obligations in this regard were the more sacred from the circumstance that the States recently in rebellion, being unrepresented in the board, were miable to protect the rights of their dead, and then you denounce Governor Fenton as recommending to the trustees to pay National honors to the rebel dead. Of these omissions and misrepresentations, apparently inexpli- No. 82.] 39 able and inexcusable, your letter presents a sad and touching explanation. After reciting, with a father's pride and a father's grief, the services and sufferings of your two gallant sons, one of whom died in the service of his country amid brutalities that were oiFshoots from the root of slavery, and the other of whom nar- rowly escaped with his life, after a cruel imprisonment in "the death pen at Audersonville," you say, in reference to the extracts given by you from the Governor's letter: " I have read these paragraphs twice and thrice, but a dimness, other that the film of age, obscures them from my vision. It is in vain that I have wiped the spectacles of an old man, and endeavored deliberately and clearly to see in your words a justification for the recommen- dation they make. Two forms come between my sight and the printed page, they stay there and will not move away." I appreciate, sir — no father who has had a son in this long and bitter war, could fail to appreciate — the frankness with which you admit that the recollection of the suffering of your boys dims the clearness of your vision, and that the forms of your children per- sistently stand between you and the printed page of Governor Fenton's letter. It may be that these sacred and shadowy forms, standing persistently before you, like immovable statutes of grief and anger, will no more allow you to read plainly this letter, than they did that of Governor Fenton. But that gentleman and the trustees whom you have denounced, may, I think, appeal with confidence from your judgment thus sorrowfully obscured, to the clearer vision of' their countrymen. It should afford occasion, perhaps, neither for surprise nor dis- pleasure that, seen through a dense and disturbing medium, even the beautiful form of truth should be transformed to a monster; that faith and charity, those noblest of the virtues, should assume the appearance of crimes, and that a suggestion to the trustees to fulfill their bounden duty and allot to the rebel dead their ap- pointed share of the cemetery, should seem to your perturbed spirit, a recommendation of National honors to the authoi-s of the rebellion. Yet, the lesson suggested by so painful a delusion on your part, should not be lost with the American people. We early learned that anger was a brief machiess. We now see that sorrow and resentment unduly prolonged and cherished, may pro- duce, unconsciously, a mental and moral blindness, which ignores the most sacred claims of honor and duty; which libels the living through its inability to perceive the truths, and which, in the name 40 [Senate of patriotism, would rob the dead of their rightful graves. Such blindness, were it universal and incurable, would result in a faith more faithless than the Punic — a facility of misrepresentation that the old Cretans might have envied, and an excess of barbarism at which heathens would have blushed. Your letter, sir, as it seems to me, teaches us the danger, the folly and the injustice of basing a public policy on private griefs, and affords a glimpse of the anarch}^ of morals that would result from the indulgence of personal vengeance by political leaders. But, in view of your own admission, alike sorrowful and frank, of the reasons why you could not read clearly the printed page of Governor Fenton's letter, I forbear to enlarge upon this point, and I pass to the views which you quote with such admiration from the message of Governor Geary. Upon the sentiments and conduct of his Excellency, the Execu- tive of Pennsylvania, I shall comment as upon your letter, not impertinently as an individual, but as one of the trustees of the Antietam Cemetery, and as the mover of the resolution on account of which he has withdrawn an appropriation, and has, by impli- cation at least, denounced the board as guilty of violating their trust, and of desecrating the cemetery they were appointed to guard. To avoid the danger of misrepresenting his Excellency, as he has misrepresented the board, let me quote his own language, calling 3'our attention more especially to the two paragraphs which I place in italics. "The appropriation of three thousand dollars to the cemetery at Antietam, has been withheld; as it appears from the act of incorporation by the Legislature of Mary- land, and the resolutions of the board of trustees, that the rebel dead are to be interred within the inclosure, and to be honored with the same memorials as the Union solders who are there buried. The custom has ever prevailed, to specially honor those in death, who won special honor by meritorious lives. The monuments reared to the memory of departed worth, bear ample testimony that our people have not been unmindful of this custom, but where were such memorials ever erected for men whose actions were infamous, and who perished in an ignoble cause? Who would glorify the treason of Benedict Arnold with such monu- ments as have arisen to the memory of Washington? Who would dare to insult the loyal heart of this nation, by proposing to lay, side by side, in the same sepulchre, the body of the assassin Booth and that of Abraham Lincoln? No loyal man would take No. 82.] 41 the heartless Wirtz aud the other demons that presided over the prison dens of cruelty, starvation and death, and the executed conspirators against the nation's illustrious chief, and deposit them in the same tomb with the patriotic men who sacrificed theii* lives in battling for the right against the wrong. Yet it ts proposed that the loyal States construct cemeteries for their heroic dead, and then desecrate the,m by the burial therein of those who prosecuted against the country, a warfare, which for its diabolical ferocity is without a parallel in the history of civilization- and even to erect monuments to their memory. Carry out this purpose, and what inducement can be hereafter offered to the loyal citizen to fight against treason, when he feels assured that, should he fall in bat- tle, the traitor's grave will be honored equally with his own. * * While there is no reasonable objection to giving decent sepulture even to the rebel dead, those who consider them deserving of honorable testimonials may bestow them. It is our duty to ren- der honor only to whom we believe honor is due." Although the language of the Governor may not indicate with entire clearness who are the persons thus alluded to aud con- demned, I think that here are two distinct imputations against the trustees, rendered as reasons why the Governor of Pennsylvania, indignant at their faithlessness, withholds his appropriation: 1. That the Autietam Cemetery was devoted by the loyal States to the burial of the Union dead, and that it is now proposed to desecrate it by the burial therein of the Confederate dead. 2. That they even propose to erect monuments to the rebel soldiers Avhom the Governor associates, in illustrating his views, with the assassin Booth, the heartless Wirtz, "and the other demons," who presided over the prison dens of cruelty, starva- tion and death. Without imputing to Governor Geary the slightest intention to misrepresent the facts, I may remark that the answer to both imputations is simply that they are both untrue. The Antietam Cemetery, I have shown, was not constituted as a burial place for the Union soldiers alone who fell at Antietam, but as a burial place for all who fell on either side in that eventful battle, or who died of wounds received during the invasion ; and neither Governor Fenton nor the trustees have proposed to pay any national or other honors to the memory of the rebel dead. The charo-e touchino; the erection of monuments in their honor receives from the resolutions of the trustees no color of truth, nor 42 [Senate even of plausibility, for the design of a monumental statute for the cemetery, a soldier on guard — an Union soldier, wearing the national uniform — had been adopted before any allotment was made by the trustees of a burial plot for the Confederate dead ; and no ino-enuity can convert into a tribute to the rebellion and its abet- tors a statute Avhose very garb will betoken the triumph of the Kepublic, and shows that the dust beneath it reposes under the folds of that flag and the protection of that Government which slavery and rebellion in vain attempted to humble and overthrow. Governor Geary refers also, in justification of the withholding the appropriation to the cemetery which had been made by his State, to the act of incorporation whose provisions I have quoted, and in that reference he seems to admit that the act required what the resolution which he censures declared. Yet his subsequent comments proceed on the hypothesis that the trustees, by their action, had violated the intent of their charter. The provisions of the act, as I have shown, were clear and imperative, that " the remains of the Confederate army be buried in a part of the grounds separate from those of the Union army," and it was made the duty of the trustees to remove the remains of all the soldiers. Such was the organic law of the cemetery ; such the object of its foundation by the State of Maryland ; such the duty of the trustees under the act from the moment of their appointment. These were the terms clearly stated, and impossible to be mis- understood, under which the State of Pennsylvania and her sister States of New York, New Jersey, Minnesota, Maine, Ehode Island, Wisconsin, West Virginia, Massachusetts, Ohio, Indiana, Vermont and Michigan voluntarihy accepted the privileges offered to them by the State of Maryland ; appointed each a trustee to futill the duties imposed by the act, and thus secured for their own dead a resting place upon the battle field where they fell. The resolution of the Board, quoted by Governor Geary as in part afiording ground for withholding the appropriation of Penn- sylvania, was as follows : ''Revolved, That in pursuance of the provisions of the fourth section of the act of Maryland, passed March 23, 1865, incorpor. ating the Antietam National Cemetery, this board do now desig- nate and set apart for the burial of the Confederate dead, who fell in the battle of Antietam and in the first invasion of Lee, the southern portion of the grounds not now occupied, and separated from the ground devoted to the burial of the Union dead." No. 82] 43 It appears from the printed proceedings of the Board at Wash- ington, December 5th, 1867, that the subject was introduced by one of the Commissioners of Maryland, Mr. BouUt, wlio called the attention of the board to the fourth section of the act, and re- quested that some action be taken to carry into effect the provision of the law in that behalf, and that the resolution was adopted b}^ the vote of seven votes to two, as follows : Ayes — Messrs. Jay, of New York; Selleck, of Wisconsin; Bagley, of Michigan; Rounds, of Vermont; Washburn, of Indiana; Ramsey, of Minnesota; Biggs, Schriver and BouUt, of Maryland — 9. Noes — Messrs. Cranmer, of West Virginia; and Loffland, of Ohio— 2. As this resolution providing separate grounds for the interment of the rebel dead was simply a re-affirmance and execution of the trust created by the act of incorporation, it is to be regretted that His Excellancy Governor Geary did not explain why that provi- sion in the act which compels him to withhold an appropriation now has never so operated before. Have the authorities of Pennsylvania, has His Excellancy Gov- ernor Geary now learned, for the first time, that the purpose to which the Antietam Cemetery was devoted by the State of Mary- land was the burial within the same inclosnre, but in separate plots, of all who fell in that battle ? Were the provisions of the act unknown to the authorities of. Pennsylvania when they ac- cepted the privileges which were tendered equally to all the States, and when they appointed their commissioner, made their appropriations and watched the burial in the cemetery of the heroic dead of Pennsylvania ? Or did the Governor seriously expect, as his message seems almost to imply, that the trustees from the loyal States, after securing the control of the grounds and burying their own dead, would trample on the provisions of the charter, ignore the duties it imposed, break faith with the State of Maryland, claim as their own the whole of the ground, and deliberately bar the gates of the cemetery against the admis- sion of the dead of the Confederate army ? It would seem, sir, although, of course, such a supposition is incredible, as if you and Governor Geary had really expected that the trustees would prove capable of so mean an act of treachery, and that you regarded their fidelity to their trust, and their ob- servance of the provisions of their charter, as an offence not to be forgiven. 44 [Senate The rigbt of the State of Maryland to purchase the grouiifls for the burial of all who fell at Antietam, and to ofter to her sis- ter States the privilege of burial on that condition, was a right that none can question. The loyal States had an equal right to accept or reject her offer, and then was the time for each to decide whether or not the burial of the silent and unconscious combat- ants in separate plots, but within the same enclosure, was one which they could properly accept, or which they were bound to decline, as wounding to the feelings of the living and disrespect- ful to the memory of their dead. But having accepted the offer, and availed themselves of the privilege of burial, and having laid in decent graves more than 4,000 Union soldiers, it is too late now to reconsider whether they approve of the conditions of the act; too late to allege the infamies of Wirtz and Booth, and the hor- rors of the death pen at Andersonville, for none of which were the Confederate dead at Antietam responsible, as reasons why the remains of those dead should moulder, uncared for, without the walls of the cemetery which had been dedicated equally to all who had fallen in the contest. You may not perhaps be aAvare, sir, of the present condition of these outside graves, where, doubtless, some of our own brave dead lie undistinguished amid those who once were rebels; and the facts, little creditable to a Christain people, give force to the admission which Governor Geary condescendingly makes, that " there is no reasonable olijection to giving decent sepulture even to the rebel dead," although he appears to be willing — I trust it is only an appearance — to deprive them of the graves allotted and secured to them by Maryland, with the acquiescence and guaran- tee of Pennsylvania and her sister States. In a recent report officially made by me, as the Antietam com- missioner for New York, I said, "it is a fact not pleasant to relate, but which, nevertheless, has a significance not to be overlooked in this connection, that the remains of the Confederate dead now lie buried on the battle-field, occasionally at a depth so slight that their bones are sometimes disturbed by the ploughshare and the harrov.', and Dr. Biggs, president of the board, stated that a skull was recently brought to him which had been turned up separated from the body." You believe, sir, that this matter will be regarded by the sur- vivors of the Union Army, as it is by Governor G^eary and your- self, and that they will feel an indignation, akin to your own, at No. 81] 45 Governor Fenton's recommendation to the trustees to fulfill faith- fully the conditions of their charter. One eminent survivor of that army, and one who represents perhaps more faithfully than any other the principles and the sentiments of his comrades, expressed to the trustees a different opinion, as appears from the following extract from the printed proceedings of their last meeting: " With reference to that part of Governor Fenton's letter which recommends that the attention of the War Department be called to this subject, Mr. Jay informed the Board that, in company with Col. Selleck, he had called that morning on General Grant, Secre- tary of War, and submitted to him the fticts of the case, that General Grant, after consulting with General Shriver as to the power of the Department, expressed Ins cordial approval of the fidfillment by the trustees of the provisions of the act, and his readi- ness to afford all the assistance in his power, regretting that no act of Congress conferred on the War Department any authority in the matter." Allow me, sir, to commend to Governor Geary's consideration and your own that opinion of the head of the army, and the expression of his regret that he had no power to assist the board ill removing to their allotted place in the cemetery the remains of the Confederate dead. The question which you and Governor Geary have raised, partly-at least, if I read aright your letter- from personal motives and for political effect, is one that concerns not alone Governor Fenton and the Antietam Trustees, but the con- science, the humanity, the respectability, and the honor of the nation. A recommendation is made by the Governor of ^ e w York to the State Commissioner, that the trustees should observe the fundamental conditions of their charter, and forthwith you from your seat in Congress, and Governor Geary from his executive chair, denounce the proposition and the board who adopt it in an- guage that seems to say "truth is a lie and faith is a folly, when we are dealing with the rights of the rebel dead. The old Romanists who kept not faith with the Christians whom they called heretics, and who heaped with insults their remains; the abettors of slavery, who treated with contumely the dead bodies of the blacks; and who, after the battle of Bull Run, dese- crated the bones of Union soldiers, afford no fit example for a mao-nanimous and Christian people. Although your words intimate that the trustees, in violation ot the act, Should exclude the remains of the Confederate dead, it 46 [Senate is not possible that you entertain so low an opinion of your coun- trymen as to imagine them capable of approving an act so intol- erable in its baseness. For myself, I recognize no such national demoralization — no such bankruptcy of honor in the American people. I have confidence enough in their manly virtue to be- lieve, without a moment's hesitation, that they will approve cor- dially the statesmanly recommendation of Governor Fenton, the soldier-like views of General Grant, and the honest action of the board, and that whenever or wherever the question shall be raised, their reply, echoing the sentiments of General Grant and of everj"- manly heart, whether it beat in the bosom of a soldier or a citi- zen, will be that of Charles the Fifth, when urged by the monks to inflict vengeance on the remains of Luther: "Gentlemen, we war not with the dead." Thus, sir, does the organic law of the cemetery, though unaided by argument or illustration, vindicate the recommendation and the resolution which you and Governor Geary have assailed. The reading of that act alone may assuage the grief which oppressed 3'ou at the thought that the trustees had been seduced into a vio- lation of their charter, and the desecrating of their cemetery; and 3'ou may rejoice that the trustees, so far from yielding with reck- less immorality to the persuasions of individual and local preju- dice, and consenting to deviate a single line from the true intent of their charter, stand squarely upon that foundation of their rights and duties; obey honestly its spirit and its letter, and regard reverently the faith which it plighted, and the pledges for that faith which have been given in succession by every State represented in the board by a trustee, and in the cemetery by a soldier's grave. You may rejoice, sir, to find that so fiir from wounding the feel- ings of loyal and honorable men b}'^ faithlessness in a matter that concerns the dead, the action of the trustees commands the ap- proval not only of the General-in-Chief, but of every man, of Avhat- ever grade, who cherishes the honor of that Army of the Union, which, under his lead, saved from overthrow the American Re- public. Having thus responded to your assault upon the trustees, will you allow me to appeal to you as a national statesman desirous to reconstruct in the harmony and strength of equal freedom the country for which your sons have fought, and in w^hose service one of them has died ? Is it the part of wisdom, when engaged in. No. 82.] 47 such a work, to base our public policy upon private soitows; to cherish and intensify the indignation they excite; to disturb the calm of the Antietam Cemetery by vengeful feelings toward the silent dead, who slumber unconscious in the field around it, and to obscure the duties of the present and the hopes of the future by brooding moodily on the inevitable past ? One fact related in your letter, and it is one of ten thousand similar instances of the touching fidelity of that race whose rights Congress is resolved to protect, and the pseudo democracy to overthrow, calls you to a nobler contest than a warfare against the nerveless limbs and mouldering dust where worms hold undis- puted dominion, save when the ploughshare disturbs their revels. When Col. Covode lay helpless amid the dying and the dead, an old colored woman brought him water to drink while he was dying, and the next day he was buried in her garden. That soli- tary friend of your dying boy who soothed the last moments of his life, and laid to rest in her garden the form you loved, was the representative of the humble race, upon our treatment of whom, depends in the future as in the past, the destiny of our country. To make their slavery the corner-stone of a new empire was the object of the rebellion; to reduce them again, freedmen and citizens as they have become, to the control of their oppressors, to build upon the abrogation of their rights, for which our national honor stands pledged, the old system of caste, privilege and aris- tocracy, is now the aim of the democratic leaders, whose policy during the war was rule or ruin; and who, after assisting domes- tic rebels and foreijjn foes to fill our land with mourninof and with debt, now affect to honor the flag which they wished to humble; to reverence the Constitution that they attempted to overthrow, in the hope that by such devices the}- may delude the people into selecting them to control the National Government which their treachery was unable to destroy. Such an event, were it possible, would undo in large measure, all that the war accomplished at so great a cost. It would involve the Eepublic once more in peril, turmoil and confusion; it would postpone indefinitely the return of national peace and national prosperity; it would disappoint the hopes of humanity, and shake once more the confidence of the world in the stability of our Republic. In this latest act of the rebellion drama, bloodless though it be, 48 [Senate the part assigned us is hardly less important than in those that are passed, the actors in which have finished their parts, and left an undivided country as their enduring monument. Our part is yet to be accomplished, and emulating the devotion of your sons, let us, without unnecessary disagreement on minor issues, complete their work, and reconstruct the nationalit}' which they cemented with their blood, upon the sure foundation of equal rights, equal laws, ecjual suflrage and equal justice. I have the honor to be, sir, Very respectfully yours, (Signed.) JOHN JAY. Nnw York, March 30, 1868.