Yale University Library

II

III iiilli

39002037814069

AUTOBIOGRAPHICAL SKETCH

OF

CAPT. S. W. FOWLER,

LATE OF THE 6tH MICH. INFt'y.

Together with an appendix containing liis speeches onthe state
of tlie Union, "Reconstruction" Etc., also his report on
the, "Soldiers' Voting BiU" made in the Michigan
Senate, Etc.

MANISTEE MICH.
Times and Standard Steam Power Print.
1877.

INTRODUCTION-

In August 1876 the following- letter from. . Dr. . Milton
Chase lateof (ihe.'6th.M'ichi Iafit'y- was Deceived., .
Otsego, Aug. 10th.„ 1876 — Capt. S., W. Fowler — Dear
Sir — At the. anamual meeting of our old regiment's Reunion
Association held at the Cass House in Detroit, May 25, 18-
76, a resolution was passed that the secretary collect the bi
ographies or autobiographies of as many of our old com
manders as it is possible and have them copied into a book;
when the book' is completed it is designed to deposit it in
the archives of the state military museum. Of these his
tories it is desirable to make three divisions. First,
Their history up to the time bf their enlistment into the
regiment. Second, Their history while in the regiment.
Third. Their history after quitting the regiment up to the
date of writing.
We would like io have them give full details of the per
sonal incidents aud observations of the narrator while a
member of our regiment.
I hope that this matter will commend itself to your fa
vorable notice, wishing you success in all your honorable
work. I am respectfully yours,
Dr. M. Chase
Secretary of the 6th Mich. Reunion Association.

REPLY.
/ OpprCE op Fowler & Harley, Att'ys.
\ Manistee. Mich. August 1876.
Dr. Milton Chase, — Secretary of the 6th. Mich. Reun
ion Association.
Dear Sir. — In reply7 to yours of the 10th. I can not
promise a full compliance with your request within the
time designated, but hope to be able to snatch from the
press of business sufficient time to furnish at least a sketch
that may not be devoid of interest to comrades and ac
quaintances. Very truly and sincerely yours,
S. W. Fowler,
Late Capt. Company H 6th Mich. Inft'y.
It wasjin accordance with the above request that the fol
lowing pages were written. They contain a' mere sketch
and outline of what would make a large book. The au
thor is not vain enough to suppose that the incidents here
in narrated will be of interest to many besides his com
rades, friends and acquaintances. The third person is us
ed purely as a matter of taste and convenience.
The Author.

A Sketch H Life of Capt. S. W. Fowler.

About the year 1760, one George Fowler an officer in the
service of King George the second, of England, was com
missioned to serve the King in some affairs of state in the
New "World. He brought with him his eldest son
also named George, who was about 20 years old when they
landed in New York,
While the old gentleman was attending to the affairs of
state, the young man was looking after his own affairs, and
the result was a marriage with a New York lady without any
consultation whatever with the old gentleman. The father
on his return to the metropolis was highly enraged at the
presumption of the young couple, and at onee put young
George on an outward bound ship and started him for Eng
land, but was overwhelmed with grief afterwards on learn
ing that the son died on the voyage and was buried at sea.
Death leveled all caste, and his tears mingled with those of
the young widow, now a mother.
A baby boy was named George after the father and
grandfather received its grandfather's blessing and| also
the family coat of arms.
Many costly presents were left with the daughter-in-law
and little George, when the grandfather returned'to his home
across the waters, which he did in a few months after receiv
ing news of the loss of his son. The young .mother 'in due
time married again and became Mrs. Ryar of Brooklyn New
York, where she reared a large family of children and where
many of her descendants now live. Mrs Ryar lived to the ex
traordinary age of 93 years and is well remembered by Dr.
George Fowler her grandson,ofOneida,N.Y.,and others from
whom the writer obtained these facts.
The. son,George Fowler, grandfather to the writer.became
a clergyman and settled in Monticello,N.Y. where he raised
a family of nine boys and three girls, ministered for many
years in that and neighboring churches,and finally was buri
ed in the Monticello Cemetery.
The original family coat of arms is now in the possession of

Dr.George Fowler — an owl on a shield for a crest,surmount-
ed by a British Crown andthe motto "Esto, Pernor" be thou
•vfgitanftas the owl by night," is probably a liberal translation
of the figure and words. The olive branch of peace hangs
on the right and the word "Death" is on the left in Greek.
The ©beto is nw 84 years' oM and' is the sol'e: survivor of
the sons of Rev.George Fowler. The- writer bf this' obtain
ed two1 perfeet- copies-of the family coat of arms, from the
Doctor' a few years' since and values them quite highly as
relics -of early times, of ages long ago^-as- curiosities of the
past. The Doctor eouM give no aecount of the reason of the
adoption- of the owl as the family crest,and much correspon
dence failed to elicit information1 upon this point,until recent
ly a letter and a small history of the Fowler family receiv
ed from Prof. William W.Fowlerof Durham,Vermont, seem
ed1 to clear up ' and explaintbe mystery. It was from the
extraordinary vigilance by night of Sir Richard Fow
ler at the siege of Acre, during the crusades. The au
thor of the Work referred to and which is; now in the
possession of the writer, says, "Daring the period suc
ceeding the conquest the: name "Fowler" designated an
office father than a trade or calling; thus, Fowler to the
King" or '-Fowler tb de ^u-ader , Earl of Norfolk." The
jealous care with which the Norman Kings and nobles
guarded their deer and other game gave rise to this office.
The word' is of Saxon origin; Anglo-Saxon Fugelere, Ger
man- Vogelere, a bird catcher. Still the family were possi
bly of Norman extraction. It will be remem'bered that the
Saxon gentry were almost universally despoiled of their es
tates by the iron hand of William the Conqueror, and- yet
within a eentury after his death we find that Rychard
Fowllef held large estates in County Bucks; "Richara" is
a Norman name, besides this Rychard Fowller is not men
tioned among the few Saxon nobles and gentry who> ac
companied Richard Cseur de Lion to the Holy Land, on
the contrary he is mentioned in the chronicles of the En
glish crusaders among the Anglo-Norman Knights who.
took part in that expedition; Burke and the old pedigree of
William Fowler, Bart., affirms the great antiquity of the
family of Fowler before the time of Richard I. It is not

improbable that they derived their origin from the favorite
of some Saxon King, or of that renowned huntsman Wil
liam the Conqueror.
The name Fowler is spelt variously in the old chronicles,
wills and pedigrees in which it occurs. Rychard Le Fow,
lere, FFoweler, Fi-bwller, A-D. 1190. Fowlere, Fowllar
FFowller, time Edward IV. Fowler, FFowllar, Fowlar
Fowelor and Fowler, from Charles I., 1640 till the present
time. Prior to the reign of Richard I, genealogical inves
tigation throws no light on the pedigree of the Fowlers.
So that our chronicle must commence with Sir Richard
Fowlere or le Fowlere of Foxley, County Bucks, time of
Coeur de Lion 1189-90. He held large estates in that
County, and accompanied King Richard to the Holy Land.
The arms he oore were azure on a chevron argent, between
three lions passant, gardant, as many crosses form a crest
a hand holding a falcon's lure. During the war he main
tained there a body of British Bowmen,all his own tenants.
At the siege of Aeon (or Acre) he defeated, by his extraor
dinary vigilance a nocturnal attempt of the infidel to sur
prise the Christian campjfor these services he was knight
ed by his royal master on the field of battle, and ordered
to wear a new crest, viz: the vigilant owl. See also Komber,
vol.ni p. 11-12.
Sir Rychard Fowler of Foxley, the crusader, was the
progenitor of a family, the main stock of which flourished
in Buckinghamshire for over five years, while branches
shot off into Oxfordshire, Bedfordshire, Islingtoa, Norfolk,
Staffordshire, Rudnorshire, Rutlandshire, Ireland and
Surry. memoir.
The subject of this memoir was the grandson of Rev.
Geo. Fowler of Monticello, N. Y.
Captain Smith W. Fowler was born in New Berlin, Che
nango County, New York, April 5th., 1829. His parents
soon after moved to Fly Creek, Otsego County, New York,
where at an early day, his mother died, leaving a family of
six children of whom he was next to the youngest. The
funeral was at the Fly Creek M. E. Church and she
was buried in the cemetery in the corner just above. It
was a damp December day,cold, with snow enough for sleigh-

ing.and as the f children bid each • other good-bye on the
maaigin of the grave they parted, never,all. of them to meet
again this side the tomb
They found homes in separate families with relatives
and. farmers but had no home of their own or help in life
until they were able to earn homes and help themselves.
The father had gone west, where he afterwards, married
and raised a family of children ¦. Smith wasa stout, healthy
boy of : much '^perseverance- and will power, and readily
found a home with those who desired his service. He
worked on a: farm summers, and went to school winters
until he was; twelve years old. He was regular in his at
tendance at church and Sabbath School, and availed him
self of the privileges afforded by the district school library
to .obtain the use of historical and other valuable works to
read and study during leisure moments.
It was seldom that he did not carefully read a book of
from 300 to • 600 pages each week in time to return it on
Saturday evening. In all his boyhood he only remembers
having violated the Sabbath, so far as to go fishing, but
once: And then it was at the request of a young man by
the name of Beadle, who has since become wealthy
and famous as the "Dime Novel Man," and who
now owns the Eddy Place and has a magnificent summer
residence, in the same old stone house just below Cooners-
town- where Smit'" then lived as a chore boy and from
which, he started for church the day he met young Beadle
and was induced to turn aside to carry the fish for Mr. Bea
dle; in angling along the. forest lined banks ofthe beautiful
Susquehanna. The day was beautiful and clear, the forests
were vocal with the music of insect and bird, and in the
joy of the occasion, the church, Sabbath School, and every
thing were forgotten, except the gladness of the hour and
the magnificent fish that were caught in abundance. At
length < the, rod was folded up like a cane and the boy was
made doubly glad by being told to keep the fish.
The folks loved fish, -he loved fish, he had as many as
! he could conveniently carry, and a .proud and happy boy
he was,i until he came in sight of the house and saw the
! people returning from service, then all at once he remem-
: bered the Sabbath, the school and the church, and became

overwhelmed with the realization of the situation. The
fish were thrown away, and that ended fishing on Sunday
with him for a life time.
The incidents of his childhood, worth mentioning, were
comparatively few, while' living at Mr, Eddy's in the stone
house; he went to school winters at the> school house below
the Presbyterian Church called, the "Frog Hollow School
House." The> first winter he was about the only strange'
boy from the country that attended thissohool in Coopers-
town. It was a custom of the village boys' to give
strange- country boys what they - called a breaking in, and
accordingly the second day of school at noon a dozen- or
more commenced the breaking in process with i him and us
ed him pretty roughly; dragged him onthe floor, wallowed
him in the snow,; threw him down and pushed and dragged
each other over him,until school callfbund him looking bad
ly dilapidated. But the blood was up, and after school that
night he sought out the ring leaders, and before school the
next morning three ot them 'had met their match '¦ single
handed, and had. had enough of the breaking-in' process-.
Village pluck proved no match for country muscle when
fully developed bjr hard labor, numbers 'being equal.
He had lived out, for several years, but the death of his
mother seemed to sever the last tie that. bound him to.that
locality. He loved his mother with a depth of feeling that
was little less than worship^ He adored her while living
and mourned her as one without hope. after her decease.
Her last words to him were "be < a good boy." She had.
been a kind, faithful, and considerate mother and did much
to lay the foundation of his future success in life. With
her in the grave a dark _pall seemed to settle over his young;;
life that he could neither dispel or overcome; he. ¦• felt i thai c
he could not live there. Visions. of the far west opened up
before him, Michigan had recently been admitted/. as„, a
State,- and to Michigan he desired to. go.
He was twelve years old, and as we have1 said was- strong
and active beyond most boys of his age.
He could not go in the winter, but- after sohool closed- in
the spring, he turned his thoughts westward.
Early in June, 1842, as soon as his • winter contract was
out he bid good by to his sisters and friends> and one- Mon-

day morning, at daylight,he started from Cooperstown on
foot and alone, for the far away west. A cotton handker
chief contained his all. From Cooperstown it was a mile
and a half to the top ofthe mountain.
Half way up, at a point that overlooked the village, the
lake, and the valley through which the bright waters of
the Susquehanna threaded the forests and in places spark
led in the morning sun like molten silver in a back ground
of living green; he stopped,and cast a long, lingering, fare
well look over the place that had been the home of his
childhood, the scene of his little struggles and triumphs,
his joys and griefs, and the great tears came welling up un
til he sat down and refreshed his resolution with a
hearty cry, and then he set his teeth and pressed on,
over the mountains, to Fly Creek valley, over the fence to
his mother's grave, — a few moments of bitter weeping at
the last resting place of her he loved better than life, and
then on, and away. Ten miles from Cooperstown is the
foot of Schuyler's Lake at the head of which are the far
famed Richfield Springs; at the foot of the lake in front of
a farmhouse was his only brother cleaning fish for breakfast.
He shook hands and said good by, and started up the road
while the choking tears came welling up
•'Where are you going?" asked the folks. "Out west" was
the reply. — "Come back and get some money, if you will
go" said the brother. "I don't want any" — was the answer
and he pressed on, — up the lake and past the springs until
high noon, and all day without food or rest, save some cook
ies he had in his pockets for lunch, — until,as the last rays of
the setting sun were gilding the spires, his eyes rested, for
the first time upon a city — the city of Utica — forty-two
miles from where he began his day's journey. To him, it
was a magnificent sight and awakened thoughts and in
spirations that seemed ample compensation for the day's
fatigue. The magnificent valley of the 'Mohawke stretched
away in the distance. Railroad trains came thundering
along beneath the bluffs, with their open, primitive coach
like cars, and the packets on the Erie canal, all conspired
to form a scene at once grand and to him awe inspiring.
In Utica he met a cordial welcome at the home of his
uncle, William T. Fowler. But he had no time to waste

So the next day he commenced work for his cousin, John
G. Fowler, now a wealthy coal dealer ofthat city. For two
months he toiled at six dollars per month and then he
must press on, westward and away. At Buffalo he found
the brig Toledo, about to sail for Michigan. Fare; three
dollars without meals. There were fifty or a hundred
passengers, and three days sail was expected to bring them
to Detroit. The second day out a severe storm set in and
this was followed by days of calm, so the voyage lasted sev
en days. Provisions became scarce, and for the last two
day3 and a half the boy had not a mouthful to eat. There
was probably enough on board, but he went hungry, rath
er than let his wants be known. His bundle of clothes
had been stolen, his little store of money was about ex
hausted, and hungry, without a change of garments, and
with but two shillings in his pocket, he first set foot in
Michigan, near tlie foot of First street in Detroit, about
September 1st, 1843. He was a mere boy, not far from
thirteen years old. He had no acquaintances in the State,
and no plan for the future, except to work and earn hi*
way, get an education and do the best he could. He knew
the city was no place for him and he made no stop there,
not even to eat or drink. From the time his foot struck
the dock, he tarried not, but quickly pressed his way up
Jefferson Avenue, along the muddy streets, until he found
himself far beyond the noise and bustle of the town.
At that time there were no paved streets there, no car
riages, only French carts. The rich and the poor, ladies in
silk and in calico, the merchant and the market man, ail
went bobbing along in those primitive and odd^appearing
French carts.
Once in the country, he inquired of Mrs. Hunt, if Esq.
Hunt wanted to hire a, boy. She thought he did; the
Squire would not be home before evening; would the boy
gather her a basket of pears while he was waiting? He
would and did,, and never did pears taste better, or come
in better season, than the pears that the boy gathered after
his three day's fast.
He worked but a few weeks and then went to Massilon
Ohio, and worked nights and mornings and Saturdays for
his board, and went to school, during that and the succeed-

8 
ing winter, to Prof. Gilbert, who was the author of Gilbert's
Grammar, and was afterwards Superintendent of Public
Instruction. Summers he worked for. Charles London, at
the brick laying trade, for nineteen cents per day. One
term he attended the Garrettsville Academy ,and at sixteen
he taught school and received $24 per month.
In 1846 he joined a company composed entirely of ac
quaintances who were bound for the (then) new Platte pur
chase in upper Missouri. The company consisted of old
Deacon Hunt, who was the moneyed man of the company,
and who afterwards built mills at Shelden's Ford on , the
Little Platte river about twelve miles from Savannah, Mo., —
his four sons, three daughters and their husbands and five
or six other young men.
In early spring the company embarked on the good
steamer Schuylkill at a small town below Pittsburg, Pa. and
after touching at Wheeling, Louisville/ Cincinnati, St.
Louis and all the principal points on the Ohio and Missis
sippi rivers, they were transferred to a smaller steamer
which conveyed them up the murky and uncertain waters
of the Missouri, as far as St. Joseph, Mo. The trip from
near Pittsburg, Pa., to St. Joseph occupied three weeks in
cluding stoppages.
There were no settlements onthe western bank of the
Missouri river. Fort Leavenworth was a mere station for
a few army stores. Weston contained but few shanties and
no schools or churches, while St. Joseph contained three
or four hundred inhabitants and was an extreme border
settlement. The Mormons were gathering at Council
Bluffs and preparing for a grand move on Utah. The
Mexican war had just commenced and the Indians on the
plains were hostile and effectually prevented settlers from
crossing the river and trespassing on their territory.
One incident perhaps ought to be related in this connec
tion by way of illustrating western life and the situation
generally. It was understood to be but twenty-four miles
in a direct line from Weston to St. Joseph, while the river
made a bend of eighty miles between the places. Life on
the boat had become monotonous; grass was green and in
viting and the prairies presjntel tlie appearanca of a vast
wheat field. It was tempting and the short distf|nce by

land induced the boy to enjoy a walk across instead of
riding the long distance around. He was the only one
who would venture and he undertook the trip alone. It
was early morning when he left the boat and with only his
trusty rifle he threaded his way along the single street and
up the bluff where the broad prairie stretched away invit
ingly in its beautiful dress of living green. He had been
directed to follow the main plain. road to St. Joseph, and he
did until it ran out into the grass and he could find no
track. Following what he supposed to be the direction
where the road ought to be and expecting every moment to
meet some one or some settlement, with high hopes and
buoyant steps he pressed on and on, and high noon found
him covered with perspiration and still pressing on. At
three o'clock he had traversed fully thirty miles, but had
met no person, no settlement, nor' had he seen so
much as a single trail traversed by a human being. He
had had no lunch and was not only very much exhausted
but, ravenously hungry. His course had led him among
scattering timber and all at once he came to a cabin with
shake door and floor, and with no window save the cracks
between the logs. A hearty appearing bare-foot woman
bid him enter and on being asked if she could furnish din
ner, replied, "I reckon" and from the prompt way in which
she covered the skillet with coals and commenced pound
ing corn he "reckoned" she could. The corn was broken
slightly by pounding, when it was wet with water, scooped
out with the hand and patted into an oval shape so that
three cakes filled the skillet, when it was allowed to heat
through and then served up without salt or seasoning, the
outside covered with crust and the inside raw. And this
was a genuine corn dodger, and with wild honey made
the entire bill of fare. Dinner over, the next inquiry was,
"How far is it to St. Joseph?" -'A right smart" was the
reply. "But how far is it 9" "A good bit" was the answer
'¦But how many miles is it?" "A heap, 1 tell you!" and this
closed that part of the investigation, "(.'an you tell me the
way to St. Joseph ?" and she did thusly: "Keep up the
divide until you come to the narrows, cross the branch and
follow the main plain road to St. Joseph." 'This seemed
explicit, but what the divide and brancu and narrows were

or where there was anything in the shape of even a track,
was a mystery, and he ventured to press the matter. "Could
you not be a little more explicit and tell me which way to
go?" "I tell you to keep up the divide till you come to
the narrows, cross the branch and follow the main plain
road to St. Joseph." This seemed to be a settler, and there
was no way for it but to say good day, aud go on. As
luck would have it, before dark he blundered upon a plan
tation of about thirty negroes owned by a Rev. Mr. Steel of
the M. E. Church, and there learned that he was in the
bend of the river and still 25 miles from St. Joseph. He
was made welcome, listened to long prayers and many
blessings and went to sleep on a good bed thankful that
there were^some kind masters and christian slaveholders
after all. The next morning he awoke refreshed. The
air was balmy and vocal with the music of sweet feathered
songsters and grateful and happy he wandered out to see
the slave cabins, when coming near the barn, his blood
was chilled by the sound of the lash, screams and groans,
and above all was the voice of brother Steele, who was cut
ting with the lash and pouring out volumes of the1 most
heartless and cruel threats ever heard. '-He would skin
'em alive; he would dash their brains out;. cut their hearts
oat, and all the while he made the whip crack aud cut
deep in the quivering,^bleeding flesh, while the poor bond
men for there were two of them.Jdid scream and groan and
beg for mercy. Our traveler beat a hasty retreat and an
hour(?later Xhen this christian, man-whipper, "all : smiles,
met him with a hearty "God bless you, brother Fowler,"
the illusion was gone. "Brother Fowler" ha] seen or
rather heard enough of christian slaveholding, and he
shook the dust from his feet and left there the last apolo
gy he ever felt for this vile "sura of all villanies."
It was three days before he was able to overtake his com
pany. Three days of tedious toil, foot-sore| and wearv he
joined them at Shelden's ford on the little Platte river"
CHAPTER II.
the par wkst.
It was the intention of the party to enter Government

 __  11
land and settle near Savannah, Mo., but the country was
full of border ruffians, the water was not good, fevers and
ague were common and the sickness and privations endur
ed during the first few months, more than satisfied most of
the members. Abolitionists, and in truth, northern people
generally, had no rights, which slaveholders were bound
to respect. Murder and mobs were the order of the day,
and not only individual members of the company were at
tacked, but the whole company were attacked more than
once in the night time with rifles and revolvers, in their
cabins during the first few months of their stay. The
Regulators, as they styled themselves, held absolute sway
and whipped, shot, stabbed, or otherwise disposed of all
who were objectionable to them. The superior arms and
pluck of the members of the company taught the ruffians
caution, and won at least temporary peace.
Mr. Fowler, as large or larger than ordinary men,
weighed, at that time 170 pounds. After teaching school
one term, joined a party bound on a hunting expedition
for the plains, the Rocky Mountains and perhaps Oregon.
There were twelve young men, all well armed and abun
dantly supplied with powder and lead. Of the expedition
west we have not space to speak in detail, suffice it, that it
was one of disaster and death.
It was just before Gen. Kearney's overland march to Cali
fornia to take part in the war against Mexico, and the In
dians hovered over the plains, attacking emigrant trains,
assassinating and plundering generally, and it was not
long before the small band became thinned by their mur
derous night attacks, and those that were left after follow
ing the old California trail to within sight of Pikes Peak,
turned back and after feasting on buffalo meat, almost
dying of hunger and thirst and suffering every
thing but death, Mr. Fowler and another, faint and
sick reached a settlement on the Missouri, below Council
Bluffs, at a place called Iowa Point. Some of the party
had joined emigrant trains for Oregon, others had been
wounded and left with trains, and four at least were sleep
ing their long last sleep. A raging fever kept Mr. Fowler
prostrate in a settler's cabin at Iowa Point, vibrating be
tween life and death for many, many weeks.

12 The sufferings of that illness may be imagined but can
never be described. His only bed a blanket and a hay
tick on the puncheon floor, with little care and no medical
attendance, nothing but great vitality and a powerful
constitution prevented his being added to the list of those
whose bones are bleaching in that frontier land.
Late in the summer, returning health enabled him to
resume his rifle, and watch for deer in the immediate vicin
ity of the settlement, and eventually one day he worked
his way several miles down the river* in the cotton wood
forest that skirted its banks. In the evening while he was
watching for deer under the banks of the river, the yell of a
huge panther was heard a few rods below, and this was
answered by another panther not half a mile away. It
was becoming dark,several miles lay between him and the
cabin and he was yet feeble from his long exposure and
illness. Both panthers followed his toilsome steps to the
settlement, and were only prevented from destructive fam
iliarity by an occasional discharge of a revolver in the air.
Too much familiarity is said to breed contempt and he
had no desire to cultivate that feeling towards the sharp
eyes and sharper teeth that graced those noble animals.
At that time no steamers went above St. Joseph, except
for government purposes, and he was obliged to take pass
age in an ox wagon that performed a tedious trip to St.
Joseph for supplies. The trip occupied several days, the
party sleeping on the ground nights, but at length the
whistle of a boat was heard and an hour afterwards he
stood on the deck of a downward 'bound steamer.
He was fortunate to meet the boat, for there was only one
a week then, that sailed as far as St. Joseph.

CHAPTER III.
EASTWARD, HO !
He was on the boat bound for civilization. He had seen
the elephant of the west, paid the price, and was sailing
away from its wilds, the wild prairies, wild beasts, wilder

 13
Indians and border ruffian savages, and in the joy of the
moment he forgot his weak and helpless condition and his
empty purse, forgot everything except that he was home
ward bound, and all the gold of California could not then
tempt him to another trip like that from which he was es
caping. Suddenly his meditations were interrupted
by the clerk, who w7as collecting fare, and rudely called out
"your ticket, sir." Slowly and painfully the answer came,
"I have no ticket."
"Give me the money then."
"I can not now, but I hope to sell a rifle, watch or revol
ver and pay you in the course of the day.
"Where are you going ?"
"To Ohio."
"How much money have you ?"
"Seventy-five cents."
"A nice young man, you are, to start for Ohio with six
bits. You pay me the money by the time I get through
collecting tickets or I will put _you ashore." And with a
cruel laugh he went on.
There was no mercy there, and it became necessary to
find the captain. He was approached and an interview
requested. ¦'Captain, I have been sick, away from home, am about
out of money and want to go back east. I have a watch,
revolvers, a rifle and a pair of long range belt pistols, and
I think I can sell some of them and pay my tare in the
course of the day, or I will work my passage, will help fire
or do anything you have to do."
The captain looked at the hollow eyes and sunken
cheek and replied in his decisive but nobly generous way.
"You cannot work on board my boat, you do not look able
to stand up, and no man as feeble as you are shall work
here. What are your belt pistols worth ?"
"They cost $20, but you can have them for what you
choose to give."
"They are worth that now, and I will take them;" and
he did and gave a ticket to St. Louis and ten dollars in
cash. The rifle was soon after sold and thus the journey
was provided for. That captain has had the earnest good
wishes of at least one man ever since, and who knows but

14  .
when he comes to render an account for the deeds done
in the body, it may be said to him, "inasmuch as ye
have done it unto one df these the least of my brethren, ye
have done it unto me, enter thou into the joys of thy
Lord." A short stop at Massilon, Ohio, with old friends, a year
at Garretsville, working vacations and attending the Acad
emy term time, and he returned to Michigan, this time
landing at St. Clair, on the beautiful river of that name.
CHAPTER IV.
SHIPWRECK.
He worked through the summer and until late in De
cember, when in pursuance of a long cherished desire to
visit the home of his early boyhood, he embarked on the
steamer Gen. Scott for Detroit and eastward, but he was
again doomed to disappointment. About eleven o'clock
that night on the St. Clair lake, in a furious snow storm,
the steamer collided with the schooner Star and went
down in ten minutes carrying everything but the passen
gers with her. The few passengers that were aboard, in
cluding Prof. Fowler of Hillsdab, Ueo. Jerome and Capt.
Stephen Grummond of Detroit and others were taken off in
the boats and picked up by the schooner after a thorough
drenching. The next day he was landed at Newport; (now
Marine City) with nothing but what he had on his person.
Through the influence of kind friends, he obtained a
school for the winter in Canada at good wages, and after a
very satisfactory term closed in t>e spring with a public
exhibition, bid good-by to many who have since proved
fast friends and on the fifth day of April 1849, that being
his birth day, he landed at Romeo, Mich,, and commenced
attending the institution there, known as the Romeo
branch of the Michigan Institution. He attended that in
stitution for about a year and became engaged to one of the
students, Miss Jane E. Marsh, whom he afterwards married.
From Romeo he went to Albion and attended the Albion
Institution for nearly two years, working vacations, and
doing some building to pay his way. Here while attend-

__  15
ing school he built an addition to the President's house,
and several other brick buildings, employing quite a num
ber of men, so that he not only paid his way in the insti
tution, but bought four lots, built a brick house thereon
and saved about four hundred dollars besides, with which
he hoped to pay his way through college. This money
was left in the hands of a man supposed to be responsible,
but who soon after failed and it was lost. But we antici
pate.
CHAPTER V.
IN THE EAST TO GRADUATE.
He finally went to the State and National Law school
then at Balston, near Saratoga, afterwards by act of the
Legislature moved to Poughkeepsie on the Hudson.
Here board and tuition were high, but with the $400 in re
serve and what he could ,earn vacations he hoped to go
through. The $400 lost, he was obliged with one or two
others to rent rooms and live on bread and sugar or butter
with such variations as the state ofthe finances would per
mit. However they actually boarded themselves for less
than eighty cents per week each, and earned enough, va
cations, to keep themselves out of debt until they gradua
ted. The struggle endured to insure success, would in itself
form a chapter of no little interest. That the work was
done and the time well improved is indicated by the re
sult. Those only were awarded diplomas who were found
qualified on rigid examination. The examination was
conducted in the presence of the Faculty b}7 a committee
appointed by a Court of Appeals of the state of New York.
Of the examination the Poughkeepsie DaUy Eagle said :
"The examination was of the most rigid description. The
"graduates sustained throughout a period of seven hours,
"the most thorough, close and systematic questioning that
"we will venture to say, has been undergone by any class
"of students in a long time."
The address to the graduating class was delivered by
Hon. Horace Greeley, of New York, after which John W

¦ 16 
Fowler, President of the Faculty, made a short farewell
address and closed by presenting a diploma and conferring
the degree of Bachelor of Laws, on the following named
students: Here follows the names ofthe class and among
others is that of S. W. bowler of Michigan, there being but
one other from that State among the graduates. Mr.
Fowler was also among those chosen to deliver orations at
the commencpment, his subject on that occasion, being
"Sketch of American Progress."
The day of course, as all such days are, was a proud one
for the successful candidates, but with the subject of this
sketch it was only an open gate to toil. He had his de
gree of Bachelor of Laws, but he had no money with
which to return to Michigan.
He received his parchment about midnight of Aug. 11,
and at one o'clock the next p. m., with trowel in hand he
was earning $3.00 per day, laying pressed brick on Clover
Street M. E. Church, then in process of construction. He
worked a few weeks, replenished his purse, settled every
account, went to Albany, entered his name for examina
tion as a student at law, (waiving his right to be admitted
on motion under his diploma) was examined and received
his certificate of admission after examination, to all the
courts of the state of New York.
Then for the first time since a boy, barefoo't and alone,
he "went west," he again visited his boyhood's home, the
grave of his mother, and a few friends; then hastened to
the home of his adoption in Michigan.
CHAPTER VI.
OPENS A LAW OFFICE.
To learn the practice of the State, he entered the
office of Messrs. Brown & Van Annan, the celebrated
criminal lawyer, since of Chicago, — John Van Arman
was of the firm. Atter a few months close applica
tion in the extensive business of this firm, he set
tied in Charlotte, Michigan, for the practice of his profes
sion. About that time he was admitted to the bar of the
courts of Michigan. The examining committee consisted

 '  17
of John Van Arman, D. Darwin Hughes and Mr. Gibbs,
then State Reporter.
He had previously been married to Miss Jane E. Marsh of
Romeo, a highly gifted and beautiful young lady, who
proved a most devoted wife and mother. Her mother and
three small children shared the home of the married sis
ter, and thus he started life with a helpless family o f four
besides his wife, who were supported and educated sixteen
years as members of the family. In 1854 he helped or
ganize t>e republican party at Jackson, was one of the
committee on nominating State officers, took a very active
part in the campaign and was elected Circuit Court Com
missioner for Eaton County by about seventy majority.
In 1856 he was delegate to the National Convention held
at Philadelphia that nominated Fremont. The campaign
following was one of the most exciting the nation ever
knew, and for over two months Mr. F. devoted his whole
time to advocating freedom and Fremont. He spoke in
every school district and in neighboring counties, address
ing over sixty different meetings. He was elected Pros
ecuting Attorney by nearly four hundred majority, to
which office he was re-elected in 1858 and 1860 by in
creased majorities. He was for a long time chairman of
"the republican county committee, and so managed the
campaigns that the republicans not only held their own,
but increased their majorities ih each succeeding cam
paign. He attended the Chicago. Convention that first nomina
ted Lincoln, and gave his entire time for nearly three
months to the success of the ticket; speaking in the Repre
sentative Hall at Lansing, at Marshall, Jackson, Hastings
and other places and thoroughly canvassing his own
county. (
After Lincoln's election, he wrote him, suggesting an
escort of honor to the National Capital, each person to
privately carry approved arms to prevent any attempted
assassination, ana offering to be one of the escort. The
plan was not adopted and the result was, the President
was forced to pass through Baltimore in disguise, like a
fugitive in going to his own capital.

18

CHAPTER VII,

IN THE WAR.

April 15, 1861, when the telegraph announced the
rebel attack on Fort Sumpter, he dropped all business,
closed his office for the war, raised a company of 110 men
and had his command fully officered, drilling in the manu
al of arms and ready to march April 24th, or within nine
days of the firing of the first gun and telegraphed ®to the
Governor the facts. It is believed that this was the first
new company raised, after the breaking out of the rebel
lion, in the State.
The company was not then mustered in, because the
Governor gave the old, uniformed companies the prefer
ence. However the officers were mustered into the State
service and ordered to Fort Wayne, Mich., for camp and
.garrison duty; and afterwards they with their command
were ordered to join the 6th Mich. Infantry at Kalamazoo
Mich., where with a full company they were mustered into
the U. S. service for three years, August 20th 1861, and
immediately went into camp at Baltimore, Maryland.
At that time perhaps there were few more atheletic men
in service than Capt.Fowler. He .was about six feet high,
weighed 230 pounds, and did double quick five miles with
out halting, in the trench at Fort Wayne, on drill. He
also swam the Detroit river in twenty-four minutes by the
watch, swimming from the fort to the Canada shore, and
was accounted an excellent shot. He took part in all the
engagements in which the regiment participated, until in
May 1862, and among others the following : Sewall's
Point, Va., Port Jackson, La., Pass Christian, Vicksburgh,
Grand Gulf and Amite river.
At time of the battle of Baton Rouge he was in the
Evans House Hospital, New Orleans, unable to stand or
sit up, where he had been removed with others that were
sick or wounded several days previously. The whole his
tory of the army so far as he was connected with it, had
been carefully written out and prepared, but unfortunate
ly the manuscript together with many valuable documents

 /  19
was destroyed by the great fire that burned up the most of
¦ Manistee, Oct. 8th, 1871.
We shfdl attempt therefore onlj7 a sketch of some of the
principal incidents.
At Baltimore the regiment took part in the arrest of
Marshal Kane and the rebel Legislature that assembled
for the avowed purpose of giving the State to the Jeff.
Davis government.
In early winter one battallion of the regiment including
Capt. Fowler's company were ordered to co-operate with
the New York Zouaves and other troops, to drive the rebels
off the east shore of Virginia. They embarked on steam
ers and sailed down the Chesapeake Bay to the mouth of
a river up which the steamers made their winding way
until the troops were disembarked at a small village seven
mhes from the rebel batteries at Oak Hall. The brigade
was commanded by (Jen. Lockwood, aud was at that- time
in Gen. Dix's department. After two or three days of
preparation, the command advanced on Oak Hall batter
ies and arrive] just in time to miss the flying body
ofthe rebels and pick up a few stragglers, with arms and
munitions of war in limited quantities.
While tbe army were in camp near Oak Hall batteries,
one night, while in charge ofthe pickets, Capt. F. learned
from the negroes of a quantity of arms and ammunition
that had been buried in a grave-yard a few miles beyond
the lines, and with a detail of men he succeeded not only
in capturing the arms and ammunition, but also secured
a fine twelve pound brass piece and brought into camp
with him CapL. Fletcher and Lieut. Corbin of the rebel
army. He afterwards commanded ever}' special expedition
of either cavalry, artillery or in tan try that was detailed
for special duty by Gen-. Lockwood, while he was in com
mand, of that division. He captured Col. Phinney of the
rebel army, and was assigned the duty of conveying him
a prisoner to Fort McHenry. He also had command of
the expedition that-captured the horses and accoutrements
of Gov. Wise, near Accomac, and of the expedition that
broke up and captured the rebel smugglers on the islands
at the mouth of the Chesapeake Bay.
After serviug in the Provost department for several

20  -  _ 
weeks after his command had returned to Baltimore, at
his own special request he was relieved from staff duties
and permitted to return to his company, most of
whom were old neighbors and warm personal friends. He
received strong letters of commendation from Gen. Lock-
wood and a pressing invitation to remain on staff duty in
A ccomac county, but the desire to be with his .men was
stronger than any love of promotion and he determined
to share their destiny. He had scarcely joined his com
mand, when the regiment received marching orders for
Newport News, via Fortress Monroe. February 21st 1862,
they embarked on steam transports and sailed from Balti
more. They were landed at Fortress Monroe, Feb. 22,
Washington's birth day, and immediately went into camp
just below the battery at Newport News.
The ill-fated war ships, the Congress and the Cumberland
lay at anchor just in front of the camp. Their decks were
bristling with heavy. ordnance and they were manned by
over four hundred as gallant seamen as ever trod a deck,
eager for the fray.
The famous rebel iron clad Merrimack was approaching
completion and twice she steamed out so that her dark
gable shaped hull could be seen around the point toward
Norwalk, and yet the Congress and Cumberland, wooden
men of war, were held at anchor like war dogs chained
for the slaughter, while steam gun boats lay idle only six
miles away, ana tugs were not wanting which could have
taken these sailing ships beyond the reach ofthe prow of
the rebel ram.
But through the imbecility ot General Wool, who com
manded at Fortress Monro*1; or of some others in author
ity, these ships were left to their fate and all went down
together, and had it not been for the timely arrival of
the Monitor, the extent of the disaster might have been
almost decisive of the struggle.
The day before the Merrimack engaged the Union
forces at Newport News, the 6th Mich. Infantry Regi
ment was ordered on board a large transport steamer for
Ship Island in the Gulf of Mexico. Instead of taking
the troops directly to fortress Monroe, only six miles
distant, as might have been done at the same ex-

 . '21
^ — - ^ — — ¦— . ^ ¦ — . — , 111 II — — — « — I ^— — 111 ¦¦ ¦ III II —— w
pense and with perfect safety, the transport steamer
drawing eighteen feet of water was ordered to Newport
News, and Capt. F. was assigned the duty of looking after
some supplies on the way up. The size ot the steamer
compelled them to keep the main channel which led di
rectly under the guns of the rebel batteries at Sewall's
Point, and she was exposed to a most vigorous shelling
both ways. The steamer could not approach the shore
and it was necessary to ship the troops and military stores
on small steamers from the shore to the transport steamer,
which occupied the most of the day.
On the return trip to Fortress Monroe she was attended
by a convoy of two U. S. gun boats, but that the transport
was not sunk with the three thousand men on board, was
due more to good fortune and the bad shooting of the
rebel artillery, than to either good management or gun
boats on our side. There was the 4th Wisconsin under
Gen., (then Col.) Payne, the 21st Ind. and the 6th Mich.,
under Col. Curtenius, the whole forming a brigade under
Gen. Williams, for Gen. Butler's department; destination
Ship Island. It was a terrible crowd with which to stem
the storms of the Atlantic at that inclement season of the
year. One incident by way of illustrating the perils of a sbl-
dier's'life; The regiment had pitched their tents onthe
clay bottoms, below the batteries at Newport News. One
night about the last of February it blew a gale so severe
as to prostrate every tent, followed by a terrific storm of
wind and rain that flooded the valley and left the camp
in water ankle deep and more. It was cold, no shelter, no
fire, the men could choose between standing up and let- .
ting the water run the length of them, or lying down with
such covering as they had and keeping their faces above
water. It was a sorry choice and scores, including Capt.
Fowler, were disabled for a time by the terrible ordeal of a
night in cold water with the head propped up to keep it
above the surface. This probably laid the foundation of
a disease from the effects of which years do not seem to
bring entire relief.
There was snow on the ground when the huge steamer
with three regiments besides field and staff officers steamed

22 .  .
Illimiim— fill ™ .———¦•_ *  —i r i n r n ¦¦— — .i..i. ¦ pi — ^— ^— i^—
out into the broad Atiantic.Off Hatteras the inevitable storm
overtook them ancl they were driven into Beaufort, South
Carolina, for shelter. Atter three days the weather mod
erated, and they steamed south without escort depending
entirely upon speed and fortune to keep them out of rebel
hands. In due time the steamer came to under the guns
at Key West, which was a small ill looking place of
a few one story houses and a good many two story cocoa-
nut trees. ' CHAPTER VIII.
SICKNESS AND SUFFERING.
From the Coral ReX of Florida a short sail served to
anchor the steamer on the north side of Ship Island, which
is really notiiing more than, a long, low, naked white
sand-bar, which is frequently washed from side to side for
half its length by the waves, in a storm. It- is less than
half a mile wide and about three miles long. The seventh
day out from Old Point Comfort, the tents were pitched on
the white sand of this barren spot where the sun poured
its meridian heat from directly overhead and the mercury,
sweltered among the nineties. "Greybacks" and woolens
came off in a hurry and the boys dug in the- sand for
brackish filtered sea water, waded in the sand in weary
drill, drank sandy, sulphurous, salty water, breathed sand
in the air, ate it with their food and at night lay on the
fine white hard sand to dream of the comfort aud love of
home and the dear ones far away. And possibly some
silly enthusiastic patriot in the dreams of the night, im
agined that if he survived the pestilence of the climate
and the bullets of the enemy he might possibly receive
some gratitude from the country he offered his life to save
but not one had the sagacity to comprehend for a moment
that in twelve short years it was possible for those same
rebels they came three thousand miles from home to sub
due, could have a majority in the popular branch of the
government and be in a position to dictate laws to loyal
men. And it was well. A knowledge of that fact added
to all the other ills they had to endure would certainly

 23
have killed or( dispersed tiie whole army.
Troops arrived until there were about seven thousand
men cooped upon the little spot of sand just east of the
bar called the fort.
In the mean time the small pox had broken out and the
cheerful front of a rough pest house graced the drill ground
(sand) where those that were able enaured the daily tor
ture of the drill in sand shoe deep at every step. Death
seemed to lurk in everj^ drop of water, and on every grain
of sand; the scorching rays ofthe mid day sun seemed but
so many shafts in his hands, and the few sand heaps soon
became a large city of the dead and. the funeral march
became a perpetual procession, until frbm eight to twelve
went daily by; and of the 7000 soldiers, there were very
few who could stand up and boast even good health.
Diarrhea was the prevailing and almost universal
disease, hundreds died with it, and with hundreds of others
it became chronic. It was literally planting the seeds of
death in the constitution of every man afflicted, that re
quired long years to exterminate if the sufferer survived so
long. No roan who endured the agonies of the disease a
single day, or had one glance at the pinched faces of the
dead and dying victims, could talk lightly of this most hor
rible of all diseases, endured by the patriot soldiers. There
were nope on the island but soldiers, no families or even
servants; once they were nearly a month without a mail.
There was little to relieve the tedious monotony of camp
life. Once indeed four rebel gun boats attempted a sur
prise and approached under cover of darkness near enough
to open with shot and shell before they were observed.
The U. S. gunboats, New London, Colburn;. and another
soon got under way, and drove the rebel crafts towards- lake
Ponchartrain and finally captured one of them. The rebel
fire opened on the island about two o'clock in the morning
and the fighting continued with unabated fury until near
ly noon, when one rebel gun boat was captured and the
others were driven into shoal water.
Soon after an expedition was formed to attack the rebels
at Pass Christian. The 6th Mich, did not go as a regiment
but many of the officers, and among others, Capt. Fowler
volunteered and took part in the battle which resulted in. a

24   
rebel rout.
About the middle of April 1862, the forces on the island
were embarked for an attack on New Orleans. The Mor
tar fleet consisting of thirty-four ships together with several
gun boats for Faragut's fleet sailed from the island. The
sick were ordered to remain in the hospital, but Capt. F.
preferred to share tho field with his command rather than
remain, although he had been confined to his blanket for
several days before embarking and was unable to walk to
the landing.
His regiment together with the 4th Wisconsin and the
21st Ind., were shipped on board the Great Republic, the
largest sailing vessel in the world.
They were taken iu tow ofthe U. S. gunboat, Calhoun,
part of them disembarked just back of fort St. Phillip to
co-operate with Commodore Faragut in the capture ofthat
post and fort Jackson. During the six days terrific bom
bardment they were but little more than idle spectators.
They were in full view of everything, but could take but
little part in the fray. After the capture of these posts and
the rebel fleet.the troops were transferred to captured steam
ers and proceeded up the, river to take possession of New
Orleans. The first night after the transfer to river steam
ers, Capt.P.was'taken with a terrible cramping in the chest
and bowels. For hours his head was drawn almost to his
knees and it wras with the utmost difficulty that he breath
ed. Hot water from the boiler was applied until the skin
was scalded, and large powders of black pepper were ad
ministered, but there w7as no doctor and no medicine on
board. Few thought he would survive the a.ttack,but dur
ing the forenoon- he became easier; yet it left him with a
chronic diarrhea, from which he was not free for a single
hour for the next seven years.

CHAPTER IX.
NEW ORLEANS AND VICKSBURG.
The next day, April 28th, 1862, the steamers entered
New Orleans. As they passed up the levees the Home

 »  25
Guards fired into the crowds wherever a friendly signal
wave J the old flag a welcome, and a street fight was confi
dently expected. Weak- as he was,Capt. F. placed himself
at the head of his command and was the first man on
shore from his steamer.
Forming in line of battle they marched to the U. S.
mint and took possession. The excitement over, he had to
be helped to the officer's quarters where a wide board and
his blanket formed his only bed for several days. The reg
iment being ordered up the river his men helped him to a
wagon which conveyed him to the transport steamer and a
blanket on the cabin floor constituted his quarters. Baton
Rouge, Natchez, Grand Gulf and all towns were captured,
until the expedition arrived at Vicksburg. On the way
up the splendid fast sailing steamer Laurel Hill was cap
tured and taken possession of by the regiment and used
until the return. At Vicksburg the rebels were well forti
fied and after several days of reconnoissance and skirmish
ing, the main forces withdrew. On the passage down they
were fired upon from the masked batteries at Grand Gulf,
and many were killed and wounded on both sides.
The main body of the troops were landed at Baton Rouge
while the sick, (including Capt. F.,( and wounded were
taken to Evans House hospital at New Orleans. He had
now become unable to walk or stand up. Weeks and
months of illness in the intense heat of that climate with
out care or proper food and ou expeditions which tried the
endurance even of the healthy, had clone its work and he
wras advised that nothing but a transfer to a more northern
climate would save his life. Should he go north on a fur
lough and draw wages while he could render no service,
or should he resign and let those who were able to earn
the pay take his place. The latter seemed best and he sent
in his "resignation. The resignation had been written at
the earnest advice of Col. Curtenius and the regimental
surgeon, nearly four weeks before it was sent in. It had
been retained during this time hoping against hope for
some favorable -symptom of returning health, and finally
on the eve of being placed on a man of war bound for
New York, by special7 permit of the Commander of the de
partment in the later part of June, the resignation bearing

26  . 
date in May, was handed in, because he was too sick to re
alize or care for the month's pay that was thus lost.
He was disabled in the service of the government and
after experience demonstrated that it would have been bet
ter to have held his position and drawn pay during his dis
ability. As might have been expected, political opponents seized
upon the occasion to attribute the resignation to dishonor
able motives, and this fact was afterwards mentioned in a
letter to Col. Curtenius, when the gallant Colonel promptly
wrote the following characteristic reply which was publish
ed in the Charlotte Republican of Feb. 12. 1863.
the letter.
Kalamazoo, Jan. 29, 1863.
My old Associate-in-Arms : — I am in receipt of yours of a
recent date. While I sympathize with you at the calumnies
of your traducers, I am not astonished that reflections
should be thrown upon your character. Indeed .few of
ficers resign (be their reasons ever so laudable) but there
are creatures ready to pounce upon them and attribute the
most dishonorable motives to their actions.
In my own particular case, I know such has been the re
sult. When I left the command I really supposed that I
-had so deported myself as to escape the slightest semblance
to. censure, but I was mistaken. I had not been home ten
days before the most infamous rumors were put in circula
tion, calculated to disgrace me. Charges of larceny, cowar
dice, inhumanity, and indeed every other crime designated
in the commandments were hurled at me with an unspar
ing hand, as if nothing short of annihilation would answer
their purpose. To all of those charges I had too much per
sonal respect to give even a passing notice. Having full
confidence in my innocence and not despairing of ultimate
exhoneration from everything that might be said reflecting
upon my honor and integrity I would not suffer my equa
nimity to be in the least disturbed. Falsehood sometimes
gains a victory over truth, but such victories are sure to be
temporary, and such no doubt will be your history and

 27
mine. As an q#icer and a gentleman, and a good disciplina
rian few excelled you within the range of my military ex
perience. The high moral tone of your command too, won
my approbation, as it did that of others.
Touching your resignation, T do not hesitate to say that
your health was such as to force that step upon you. In
deed it is my present recollection that it was upon my ur
gent admonition that, as a duty you owed' to' your family
you were first induced to give the matter serious' thought.
Pay no heed to idle and senseless rumors and be assur
ed that (for me) I pronounce your course perfectly justifia
ble, honorable. * * * an(j De assured; dear Captain,
that I shall ever have the moral courage to do justice to a
fellow soldier, irrespective of cliques and cabals. Will be
always happy to hear of your prosperity in any praise
worthy direction. Yours sincerely
F. W. Curtenius,
Late Col. 6th Mich. Inft'y.
At 'New Orleans the surgeon fed him on strychnine bit
ters and calomel, until his mouth was one raw sore and his
teeth were ruined for life.
On the steamer were Major, (afterwards Gen.).Strong and
six other disabled army officers. They were given the
ward room and received medical attendance from the navy
surgeon. By resting in New York, Utica and Detroit, he finally
reached home some time in July, so emaciated that his
nearest neighbors did not recognize him. Congestive chills
soon after set in and for weeks he vibrated between life
and death. In the following November he was just able
to attend the polls and vote. In the meantime he had
been put in nomination for the State Senate and was elec
ted by nearly a thousand majority.
CHAPTER X.
IN THE SENATE.
With cold weather he rapidly improved and was able* to
take his seat at the .opening of the session. He was only

28 ., 
: thirty-three years old, the youngest member in the Senate,
and yet he was made chairman of the then very import
ant committee on Military Affairs, and also of the commit
tee on State Library. His work in the Senate appears at
large in the Journal, and yet it may not be out of" place to
mention, that he drew up and introduced several very im
portant measures, and among others "The Soldier's Voting
Bill" which was finally adopted, and under which the sol
diers of Michigan voted at the next Presidential election,
and until the war closed. The measure was hotly contest
ed by all of the democrats and many republicans and was
only carried in the party caucus by two majority. At the
regular session, the measure passed the House but was de
feated in the Senate. At a subsequent extra • session he
again introduced the bill and succeeded in carrying it by a
small majority. The very full report which he made as
chairman of the committee on Military Affairs of the Sen
ate will be found in the appendix. (See also Senate and
House Doc. of 1864, page 1.)
He also drew up and and introduced a joint resolution
providing for a roll of honor, under which the Adjutant
General published a full list of the dead and disabled of the
Michigan troops, and such list has since been written . on
parchment and deposited in the State Library in accord
ance with sai J resolution. See Joint Resolution No. 1 9,
Session Laws of 1873.
Mr. Fowler was the first advocate in the Michigan Leg
islature, of the measure for employing negro troops. He
went to Governor Blair personally with Maj. (jrummond
to urge the formation of a colored regiment and used his
influence as chairman on Military Affairs to promote that
object until it became a success and colored men were per
mitted a part in the struggle for national existence.
He discussed the subject, at length in his speech on na
tional affairs delivered before the Senate, February 10 and
'11th, 1863, which will be found in the appendix, as
copied from the Detroit Tribune of that date. The speech
occupied the most of two days in its delivery. Owing to its
great length parts were omitted by the reporter who sent it
to the Detroit IHbune where it filled seven closely printed

 29__
 :  ,  i  , 
columns in that paper. Afterwards the State Central
Committee paid him the distinguished honor of republish
ing the speech as a campaign document, and an edition
of 30,000 copies was struck off, one of which is now in the
possession of the writer.
The compliment of the publication will be better appre
ciated when it is remembered that in both houses there
were over 100 speeches made ou national affairs, and this
was the only one selected to be published in full as a cam
paign document.
It was universally conceded at the time that the soldiers
of Michigan would never have been permitted to vote in
the field, but for his persistent labor in the Senate for that
object. The Jackson Citizen in speaking of the facts at the time
in its issue of Feb. 14th, 1864, gave him full credit and
commented on his action as follows :
THE SOLDIERS' VOTING BILL.
"The Legislature of Michigan did a good thing when
they passed the bill allowing the brave soldiers of this
State, the privilege of voting. ' For the passage of this
measure, the thanks of the friends of our cbnhtry are due
to Hon. S. W. B^owler, the able Senator from Eaton county.
Mr. Fowler labored hard and faithfully in the face of the
greatest opposition to have the measure passed and finally
had the gratification of seeing it become a law. Had it
not been for his hard work with the committee (every one
of whom, except himself was opposed to having a law of
the kind enacted) and in the senate, the brave men of
Michigan, who to-day are fighting our battles, would not
?have the privilege of having a voice in the affairs ofthe
nation, tto preserve the integrity of which they are ready
to die. The soldiers owe a heavy debt of gratitude to
Senator Fowler."
The Jackson Citizen also published the report made
by Mr. Fowler on said bill in full and in its issue of Feb.
9th, 1864, commented thereon as follows;
SENATOR FOWLER'S REPORT.
"On the first page of to-day's paper we print the minor-

80'". 
ity report of Hon. S. W. Fowler; Senator from Eaton
county, on the bill to allow soldiers to vote. It is an able
document, . and as such we commend it to the attention of
our readers. Those of our readers who are opposed to the
measure especially should read it. It is a candid, clear
and argumentative paper and thoroughly upsets the many
objections urged against the soldiers having a voice in the
affairs of the nation through the ballot box. We see the
house has passed the measure; how let , the senate do our
brave boys justice by doing likewise."
At the jubilee over the fall of Vicksburgh held in Jackson
soon after that occurrence,Mr. Fowler made a speech which
was commented on as follows, under the head of
THE FALL OF VICKSBURG.
"The Jackson Citizen in its account of the jubilee, after
commenting on the speech of Gov. Blair, Mr. Wood and
others, says; — "Hon. S. W.- Fowler, of Eaton, was then in
troduced. He, was listened to with marked attention. Mr
F. was glad -that Mr. W. didn't care for the negro,, as his
party had heretofore considered Sambo better than tlie
white man and refused to let him perform the drudgery
in the white soldier's place. He mentioned the many
brilliant victories of our armies and gave Mr. Wood a good
answer and effectually overturned what that gentleman
had said. The rejoicing was kept up until a late hour."
Mr. F. while in the Senate was selected as one to pro
nounce a eulogy on the death of Senator Northrup and
was on the committee to accompany the remains to Detroit
The severe labors of the session proved too much, and he
was taken ill and confined to his bed for* the last two ,
weeks.
CHAPTER XI.
DRAFT COMMISSIONER AND CLOSE OF THE WAR.
In the mean time in the early part of 1863, he had been
appointed Draft Commissioner for the Third District of
Michigan,with the rank, pay and emoluments of a Captain

 „__„__.  31
of Cavalry, headquarters at Jackson, Mich., aud of course
was obliged to obtain leave of absence to attend the
Senate. After the adjournment of the session he returned
to his post in the government service, having the entire
charge of the enrollment and drafting for that district and
was the legal advisor of the Board.
H. B. Shank, of Lansing was the surgeon and Capt. R.
J. Barry of Ann Arbor was Provost Marshal.
He served faithfully and it is believed acceptably in
that position until after the close of the war. The follow
ing is a copy of his discharge. WAR DEPARTMENT. I
PROVOST MARSHAL GENERAL'S OFFICE. j
Washington,- D. C. April 28th, 1865.— S. W. Fowler,
Esq. — Commissioner of the Board of Enrollment for the
Third District, Jackson, Michigan.
Your services being no longer required by this Bureau
in consequence ofthe suspension of recruiting and drafting,
by direction of the President you are hereby honorably
discharged the service of the United States, to take effect
on the 5th day of May.
I am, sir, very respectfully
your obedient servant
James B. Fry,
E. D. Townsend, Provost Marshal General.
Adjutant Gen.
The war was over. The long bloody agonizing struggle
for national existence was at an end, we were yet in mour
ning for the martyr Lincoln, but the bright rays of the sun
of peace seemed to guild the heavens, and there was peace
and hope. CHAPTER XII.
DEATH AND DESOLATIOn — REMOVAL.
Four years in government service had destroyed our
practice and enabled others to occupy the place we once en
joyed. Those who had enjoyed home and had taken ad-

32  _____  '
vantage of war prices had become rich, we had only lived
and were poor. Two children had passed over the river
and left us desolate. Our angel Nellie at four and a half
years and an infant boy had died, the latter while we were
absent in camp. THE wife
of youth and almost in youth and beauty had broken
down and was now lingering with the heart disease and
general prostration on the verge of the tomb. Lingering
loved, worshiped, and almost lost, the succeeding year was
mostly devoted to the care of the noble, beautiful woman,
whose love was the one halo of joy that brightened earth's
pathway and made it a joy to live. She had long been an
invalid and for nearly fourteen years she had been depriv
ed of speech, that is the power to connect words and form
sentences to talk though her voice was good and she could
sing by using notes as la, la. Now she was prostrate and
had to be cared for night and day, and fully and faithfully
the loving task was performed until Septemeber 14th, 1867
when sweetly she gave the good bye kiss and folded her
hands to rest. May God forgive if weak humanity rebel-
ed at this complete desolation of home — home no more.
The furniture was sold or given away and he went visiting
distant relatives in Iowa and finally in December 1867
bought the Manistee "Gazette" changed its ¦ name to the
"Times" and settled in Manistee as the editor of that paper
CHAPTER XIII.
AS EDITOR AND LAWYER  REMARRIAGE  A HOME AGAIN 
THE GREAT FIRE.
It kept the brain busy and gave him the benefit of the
pure lake breeze which proved so beneficial. For years he
had not been free from the chronic diarrhea for a single
hour and the climate afforded relief. Manistee proved a
good place to invest in. The paper was soon enlarged to
a six column quarto, and more recently the Manistee
Standard was purchased and consolidated with the Times
and the name changed to the Times and Standard of Manis
tee.

33

MARRIAGE AND CHILDREN,

September 15th he was again married to Mrs. Fannie
Holden Lockwood, only sister of Hon. E. G. D. Holden,
late Secretary of State, and daughter of J. R. Holden, Esq.,
of Grand Rapids. This marriage has resulted in the birth
of three chijdren— Franl^Lincoln Fowler, born April 27th,
'.innar Holden Fowler, born December

1870. Ba
4th 1873, and Smith William Fowler, born July 4th 1875.
All healthy arid of good promise.
THE GREAT FIRE.
At the time of the great fire of October 7th, 1871. He
was 'attending the Supreme Court at Detroit and knew
nothing of the disaster until four days later when the news
reached him on his way home at White Hall. The even
ing before leaving home he had bought another very nice
house on the corner of Maple and First streets and paid
§3,000 all cash down, exchanging papers about 9 o'clock p.
m., and he never saw the house again. He had the largest
library then in northern Michigan, an office, the Times
office block, three dwellings, barns, furniture, etc, etc., all
were swept away, including the contents of his safe. The
fire struck his home after midnight, so that the wife had to
flee with her babe for their lives, with the flames close
after them so that even the little one'shafrblew off and was
burned up, whrle the clothes caught fire over a mile from
home. The track of the fire was from the southwest to the
northeast and swept everything between Oak street and the
Little Lake, leaving only one house north of the river
where were about 400 inhabitants. Not a tree, shrub or
fence post could be found in the district. All were literally
left in ashes. When he arrived where his home had been,
he found one vast plain of ashes, even the cellars were
filled and the winds and the fire had levelled all land
marks. Where his barn had been, were his cows with tails
and eye brows and most of the hair burned off. They
were alive and lowing most pityfully.
The keepsakes and accumulations of a life time were
swept in an hour; not a book; a change of garments were
saved, nothing but the sword and revolver carried in the

34 
army and an oil painting of the wife of his youth. These
and the baby.
He owed no man, had something due him and his lots
and land were left. He had an insurance of §4,000 of
which he afterwards got twenty per cent. The companies
having failed in the Chicago fire. The proofs and the car
penter's estimates showed a loss of over $15,000, besides
barn, safe and contents. But there was no time for dis
couragement. Home, winter supplies, offiee, library, all
were gone, and there was work to do and he did it.
He moved into a small room less than 12 feet square
with chairs, a mattrass and a few blankets and commenced
house keeping on a meal of crackers and cheese. In six
weeks time he had an office building up 24 by 35 and two
stories high and he moved intothree small rooms in the
upper story and lived there a year and over, until his pres
ent brick dwelling was completed. This office was the first
building up and occupied on Maple street after the fire;and
excepting the house of William Nungesser, the first in
that part of the city.
Gradually the effects of the fire wore off, home and home
comforts returned, business was good and thanks to a mer
ciful providence and an untiring industry, peace and con
tentment prevails. • CHAPTLR XIV.
CONCLUSION.
After moving to Manistee he took a less active part in
politics save through the columns of his paper and was a
candidate for office only once up to this writing (1877) and
perhaps the following correspondence and circular may ex
plain the circumstances better than anything we might
say in the premises : LETTER OF REQUEST.
To the Hon. S. W. Fowler,
Dear Sir — In view of the wide spread and general de
sire of the people of this Judicial district to have a choice

- - -  ,  35
of candidates for the office of Circuit Judge, we respectfully
request that we be permitted the use of your name as a can
didate for that important office at the coming election.
[G. W.Bullis,
Delegates of the people of j D. W. Dennett,
Manistee County for a choice of | G. W. Robinson,
Circuit Judge Candidate. (^ Henry S. Udell.
Manistee, Mich, March 24th, 1869.
To the Delegates qf Manistee County appointed to choose' a can
didate for Circuit Judge:
Gentlemen ; — I have the honor to acknowledge the re"
ceipt of yours requesting the use of my name to place on
the ticket for the office of Circuit Judge. This flattering
assurance of your confidence comes entirely unexpected.
It is well known by those who have written me upon the
subject, and others, that I have not been a candidate for
the position. The duties are too arduous, the requirements
too great, and the compensation too small to make it a
place to be sought for by one who has a full and solemn re
alization of the responsibilities imposed.
The question of Judgeship is of vital importance to all
concerned. There is no power in a free country so terrible
for evil, or so efficient for the well being of society as that
reposed in the office in question. The wrongs of such a
place are difficult of redress and even the right of appeal
is a remote remedy and oft'times of little avail for want of
time and means. For these and many other considerations
the office should be above party favor or partizan influence,
and it should be filled by the choice of the people fully and
fairly expressed. The situation in this district at this time is
peculiar. There is but one candidate before the people, Hon. J. G.
Ramsdell, and however well he may perform the duties of
the office, it can hardly be claimed that all the people
ought to be disfranchisea who do not choose to vote
for the one candidate, and yet, practically, this is the result
if there is but one man to vote for. With these views, with
charity for all and malice towards none, I sincerely thank
you for the honor of your preference and leave the whole

86

casein the hands of the people, feeling that if only one
man votes for me, he will have exercised fairly the tree-
man's right of the ballot. And if at this late day, the peo
ple's choice should fall upon me, under God I shad strive
to discharge the duties of this high position, faithfully ana
fearlessly to the best of my abilities.
I remain, gentlemen,
your obedient servant,
S. W. Fowler.

circular.

lo the electors of the 13$. Judicial Circuit.
The Judicial Convention at Traverse City having failed
to make a nomination, the undersigned, delegates, feeling
that the people should, of a right, have an opportunity to
express their choice, have requested Hon. Smith W. Fow
ler, of Manistee, the privilege of presenting his name as a
candidate for Circuit Judge.
Mr. Fowler upon our earnest solicitation has consented to
be named as such a canditate, and in presenting his name
a few words of introduction may not be improper.
Mr.Fowler is the oldest practicing lawyer now residing in
this circuit. He graduated at the National Law School of
New York in 1852, and was admitted to the bar of the Su
preme Court ot that State and in Michigan the same year.
From 1854 to 1856 he served as Circuit Court Commissioner
of Eaton County and was subsequently three times elected
Prosecuting Attorney of the same county; and was then
elected to the State Senate, where he served two sessions
with much credit and ability; was chairman of the commit
tee on military affairs, then one of the most important in
the Senate, aud was the author of the "Soldier's Voting
Bill." At his country's call he took the field in its service, be
came disabled at Vicksburg, and afterwards served as U. S.
Draft Commissioner for the third district iu Michigan until
the close of the war when he resumed the practice of law.
We do not consider that he requires any such extended
certificate of character as the other candidate has recently

 37
published and in case of his election we have the utmost
confidence that he will administer the office with ability
and impartiality. G. W. Bullis,
D. W. Dennett
G. W, Robinson,
Henry S. Udell.
We need only add that the returns indicate that a
change of about one hundred votes would have thrown the
election either way. This was certainly very flattering
considering that the district was over two hundred miles
long. The consent was* only given about ten days before
election, and there was no regular nomination or organized
effort.

S !
!

THE
SOLDIERS' VOTING BILL.

^Ul^-^P

RECONSTRUCTION.

A SPEECH ON THE STATE OF THE UNION DURING THE DARK
EST DAYS OF THE WAR.

BY

HON. S. W. FOWLER,

AUTHOR OF THE SOLDIERS VOTING BILL, ALSO ON RECONSTRUCTION-
REPORT OF COMMITTEE ETC.

MANISTEE, MICH.
Times and Standard Steam Power Print.
1876.

INTRODUCTION.
The surviving witnesses of the late fearful struggle for
national existence are rapidly passing to . that "bourne
from whence no traveler returns." The manuscripts,
newspaper accounts, pamphlets and speeches, which in
coming years would be invaluable guides to the historian,
are fast disappearing before the corroding tooth of time, and
those conflagrations which too often wipe out cities, towns,
and homes. The future of the Republic depends largely
upon keeping alive vivid recollections of the fearful price
paid for national existence and the time is not distant
when every reliable scrap of history connected with those
dark and bloody days will be regarded as a rich inheri
tance to bequeath to coming generations. While I am not
vain enough to attach any unusual importance to the few
words uttered by us in behalf of the Government in the
idays of its greatest peril, nevertheless the struggle for the
enfranchisement of the patriot soldiers of the nation is a
part of the history of the times that should not be forgotten ;
and the breaking down of the middle wall of partition
that prevented colored_ citizens from fighting treason may
well be termed the turning point in the strife.
The speech herein recorded which was delivered in the

Michigan Senate, February 10th and 11th, 1863, was the
first earnest appeal in the Michigan Legislature for the or
ganization of colored troops, and -was made when the Gov
ernor and a large share at least of the people opposed the
measure. A few months later and colored regiments were
organized and the measure became popular.
The favorable impression made by the speech is indi
cated in the fact that the State Republican Committee
adopted it as a campaign document and published for grat
uitous circulation in the next campaign an edition of
30,000 copies.
The "Columbia" speech of" July 4th, 1865, was delivered
before any plan of reconstruction was announced, ancl
there can be but little doubt if the doctrine therein advo
cated had been adopted and carried out, it would have
been an age before treason would again have lifted its
brazen face, or undertaken to rule patriots.
It is eleven years since' the author said, "At this time the
"rebels are helpless and at the mercy of the Government.
"Let them go through the formality of swearing allegiance
"arm them with the ballot, and the next day or the next
year the Government may be helpless at th e feet of trai
tors." Eleven short years have passed. Now the Vice
President of the Confederacy is in the United States Senate,
eighty-four Confederate Generals and officers are in Con
gress. The one armed boys in blue have been compelled
to give place to those who fought under the stars and bars
and to-day no act can become a law without Confederate
votes, and to that extent at. least the Government is "help
less at the feet of traitors."
The report on the soldiers' voting bill w7as made by the
author of the bill, and was at the time regarded as unan
swerable, at least no attempt was made at the time to
meet its arguments and the bill soon after passed both
houses and received the signature of the Governor.

It is true that after the close of the war, when the meas
ure had .become of no practical value, the Supreme Court
decided it unconstitutional by the vote of Judge Christiancy
and two others, and Judge Christiancy was soon after re
elected without opposition from the democracy. But the
measure had performed its work ; it had saved one Con
gressman and many representatives. It had received the
sanction of both the executive and legislative branches of
two State administrations. It had been approved by the
House of Representatives at Washington, and, above all it
had worked justice in extending to the soldiers the ines
timable right of franchise. They voted, and it was of little
practical importance after there was no longer use for the
law, whether or no it received the approval of a major
ity of the Supreme Court, especially as there are very grave
doubts as to what the decision might have been, had it
been rendered when there was a necessity for the measure.
If the following pages shall serve in any degree to per
petuate that patriotism that induced the hardy sons of the
north to do ,all, dare all, and suffer all, to perpetuate free
dom on this continent, it will satisfy the greatest ambition
of The Author.
Manistee., Midi. March 1876.

SPEECH OF HON. S. W. FOWLER

Delirered in the Senate of the State of Michigan, February
10th and 11th, 186-3.

On the State of the Union.

From the Detroit Tribune of Feb. 1863.

Mr. Fowler said :
Mr. Chairman — It is not without hesitation that I at
tempt, for the first time, to speak in the Senate of Michigan,
upon national affairs. The times are such that the destiny
of the nation may hang upon the action of any one State.
The land is deluged with human gore, and almost every
house has become a house of mourning; the Government
and our soldiers in the field must have our undivided sup
port, or all will be lost; he who is not for us is against us.
There is no room for hesitation; the contest is upon us,
patriots must fight, and freedom must win. In this contest
the Government must be sustained, the principles of repub
lican institutions must be vindicated, or the experiment
will be abandoned, and the hands upon the dial plate of
time, indicating the progress of human freedom, will turn
back for centuries. But this must not, it can not be ; for
" Freedom's battle once begun,
Bequeathed from bleeding sire to sob,
Though often lost, is ever won."
And he who doubts "is condemned already, because he
doubts." The support of the Administration is the support
of the Government, and every barrier placed in the way of
the Government, is, to that extent, aiding to defeat our
armies and butcher our brothers. t Michigan is loyal; the

patriotism of her citizens and the gallantry of her soldiers,
have given her a proud position among the Free States of -
this Union ; and before she will come down from that pos
ition, and, strike hands over the turbid waters of the
Mississippi, with states out of the Union, and dyed with the
blood of her citizens, she will seek a patriot's grave beneath
the waters of the great inland seas that almost surround
her. The Prince of Rebels at Richmond is listening for
murmurings of discontent from the Northwest ; and if he
sees, or thinks he sees that tares of discord are being sown
he is encouraged to greater exertion, and he hopes, and al
most prays, that they may bring forth an abundant har
vest. Tares, indeed, have been sown, but this is poor soil
for the seed, and Jeff'. Davis may turn his longing eyes else
where, for there is little comfort for him here. Michigan
may raise hemp, but cotton never, she will choose wool
with freedom, rather than cotton with treason.
I can not attempt to discuss the merits or demerits
of the various resolutions before the Senate. The reso
lutions finally to be adopted, will carry cheer to the White
House, and will nerve anew the arm of the soldier ; none
other can receive the sanction of the Michigan Legislature.
The Southern States are engaged in the perpetration of
crimes which have no parallel in the history of the world ;
they are entirely without excuse, justification or provoca
tion ; they have been the aggressors from the beginning,
and failing to rule, they are determined to ruin. And yet
they are not without defenders even in Michigan, and
there are those even here, enjoying the sacred privileges of
our free institutions, who do not hesitate to apologize for,
and justify the South — who claim that abolitionists caused
the war — that the south have been exasperated and driven
into this rebellion by the action of the North. These are
grave charges, and are well calculated to give aid and com
fort to rebels ; and on that account it becomes us to consid
er them. Have the North precipitated this rebellion by
aggravating the South? Have the South been deprived
of any rights under the Constitution, while they craved its
protection ? The answer is, No ! The cringing, unmanly
yielding of vested rights to the arrogant and insolent de
mands of the South, has hastened 'the rebellion, while just
and unflinching firmness might have averted it. Com-

munities, like individuals, learn what they can do by re
peated efforts, and had the Government exerted the same
strong hand, to punish the murderers of the first martyr
to free principles, that was put forth to return a human be
ing to bondage, when the cry was raised on Boston Com
mon, that there was a "nigger loose," the South would
never have been educated to the opinion that they could
overturn this Government with impunity. Had the pow
er of the Government prevented the lawless violence of the
slave holders in the Union, it "would not. now be necessary
for us to struggle for existence over its bleeding fragments.
It is not the child who has been treated with uniform firm
ness, and compelled " to walk in the way he should go,"
that brings the gra}' hairs of his parents in sorrow to the
grave ; but it is the son, who in infancy has been pamper?
ed, reared in indolence and extravagance, and shielded in
crime, that will bring ruin on his father's house. , This to
a limited extent is the story of Southern traitors. The
slave-holders are without excuse. Treason, with them, is
but the culmination of a long series of crimes and aggresn
sions. The whole history of the country has been but the
history of the most selfish arrogance on the one hand, and
of the most disgraceful compromise upon the other. At
the very foundation of the Union, it became necessary, in
order to conciliate the large slave-holding States, to submit
to the odious three-fifths representation clause in the con
stitution, by which slave-holders obtained representation
for their property, and the brutal trader in human flesh
with 500 slaves, had, as much voice ' in Congress
as three hundred and one educated white men ; and yet
for the sake of peace ahd the Union, we have submitted to
even this, the most ignominious political inequality, that
was ever imposed upon, or endured by any people. By virtue,
of this clause, the South have been enabled with their slaves
to annul the votes cast for Congressmen and President, by-
near two millions of.the hardy yoemanry of the North;
and by slave representation alone, they" have kept over
twenty members in Congress, to vote down the liberties of
the people. And with this, and the aid of emissaries and
tools, they have always held control of the Government.
Senator Hammond, of South Oorolina, boasted in Congress
"For sixty-four years' we have ruled this nation ;" and it

was not an idle boast. The three hundred and forty-seven
thousand slaveholders of the South have literally controll
ed about twenty millions of people ; and in all things their
desires have been granted. They wanted Florida for
slavery and they got it. A few Indians in the wilds and(
swamps of the State were friendly to fugitive slaves,
and the entire power of the Government was brought to
bear, and thev were hunted down by armed men and blood
hounds ; thousand of lives and millions of money were
wasted to exterminate or drive out the poor Indians. Slav
ery demanded the vast valley of the "Father of Waters,"
and the Government purchased it. At a later period, the
Government claimed and had an undoubted right, to a vast
territory of the^Northwest. — "Fifty-four7 forty or fight" was
the motto of the dominant party: but ah! just then a wail
came up from the South — the music of the peculiar insti
tution led to a inarch in another direction. "A lone Star"
appeared, and our afflicted sister of the Southwest, with a
long train of manacled men in attendance, came to the
back door of slavery, weeping to be clasped to its bosom.
Then, at once Great Britain received more from the North
west than she had ever claimed; and the blood and treas
ure ofthe nation was poured out to effect the darling object,
and Texas was secured. Now the vixen has turned with
her paramour, and is grappling at the throat of the gov
ernment, which exhausted its resources to bring about the
unholy alliance with this abandoned wretch. And this is
one of John Van Buren's "erring sisters," that he desires
to "let go in peace," with more than a hundred million dol
lars worth of United States property to be taken with her.
In 1820, the slave power desired a market for humanity
in Missouri. As usual, her desires were granted, with only
the condition, that North of 36 deg. 30 min. slavery should
never come.
In 1854 a vast and beautiful territory was to be opened
for settlement ; the eye of the s!ave power was upon it; their
swaggering demands must be complied with ; and that
compromise'' of which a distinguished Senator once said,
"It had an origin akin to the constitution ; * * * * had be-
"come canonized in the hearts of the American people as a
"sacred thing ; so sacred that no ruthless hand would ever

,"be found reckless enough to disturb it."
That compromise was trampled under foot, plighted
faith was violated, and the bulwarks of freedom were torn
:down, that the polluting flood of American slavery might
flow over the virgin soil of that fair territory. They required
a more efficient Fugitive "Uave Law, and one was concocted
as stringent as the ingenuity of man could devise, or the
malice of fiends could invent. Thus it has , ever, been;
every compromise, every right, human or divine, must
yield to the arrogance of the devotees of human bondage.
And not content with this, the South have monopolized,
from the beginning, the offices and emoluments of the na
tion. With less than one-third of the white population,
;they have held about two-thirds of all the places of trust
and profit.
Of the Presidents of the United States they have had
eleven out of sixteen:
Of the Judges of the Supreme Court 17 out of 28.
Of Attorney Generals, 14 out of 19.
Of Presidents of the Senate, 61 out of 77.
Of Speakers of the House of Representatives, 21 out of
oJ_. Of Foreign Ministers, 80 out of 134.
And this has not been because of their superior intelli
gence or education ; for, while the South had of newspapers
at one time 740, the North had 1,790. And while the Free
States contain of illiterate whites 422,515, the Slave States
with less than half the population, have 512,882.
Since 1846 no Northern man has been Secretary of the
Navy until 1860, although nearly all the shipping has
been owned North; and for nearly 'the same time, no
Northern man has been Secretary of War. The south has
always held the balance of power, and the Government
never could and never did pass a law without the sanction
of the Southern States, as expressed by her votes in Con
gress. Even when the seven States seceded, the South had
the entire control ofthe three branches of the Government
ancl there was to be a change of the Executive only, who
being unsupported by Congress or the .Supreme Court
would have been po wei less for harm.
In this time of treason. and tribulation, when the life of
the nation depends upon the vigilant exercise of every

war power, we hear much prating about the " freedom of
speech " and " of the press," even though that freedom is
exercised for the destruction of the Government. And yet,
for the last 60 years, there has been no such right enjoyed in
one half the States of this Union. A man might go before
.the greatest despot in the Old World, and proclaim him
self opposed to human bondage, and come away unharm
ed ; but let him step into any one of the slave States, and
attempt to exercise this constitutional right, in times of
profound peace, and the knife, the whip or the halter
would soon finish his career. Or, as with Lovejoy, Phil
lips and a host of others, cold lead would have silenced
free speech, and all these praters about constitutional
guaranties would have responded "Yea and amen, my
Lords." A free press has been started in Virginia, Missouri
and other parts of the South, but they have been invaria
bly hunted down and destroyed. The press of the noble
Clay formed no exception, and always the response of the
doughface of the constitutional howlers of the North has
been "So mote it be." Free speech against Slavery has
not been tolerated in many portions of the North ; and
these same advocates of free speech, belong to the class who
have ever been ready to mob Abolitionists for its exercise.
Let Democrats harmonize these two declarations of theirs
— made at different times in their history —
— one past, the other present, viz. "You have no right to
"free speech south — you will excite to rebellion." Now —
"We must have freedom of speech to criticise the acts of the
"Administration in any term we please," notwithstanding
rebellion now exists.
Can we wonder that the South have come to believe
themselves master of this continent? At their command
wre have been ready to surrender vast territories to slavery,
and have purchased that which we did not own ; and, at
their command, we have given up what we did own. They
have murdered our neighbors in time of peace, because of
free principles; and We have not only, doglike, kissed the
rod that smote us, but, in many instances, turned in, hunt
ed down and mobbed the lovers of freedom at the North.
The}7 tendered us the Fugitive Slave Law, which violates
the constitutional rights' of trial by jury and of the writ of
habeas corpus; and we crossed our limbs and took the chains,

becoming, almost literally, watchdogs upon the walls of Am
erican slavery ; and it required but the bugle note of the
master to start the whole pack in full cry after a panting
fugitive. Jefferson, in speaking of things pertaining to
slavery, exclaimed, "Indeed, I tremble for my country,
when I reflect that God is just; and that his justice cannot
slumber always." Jefferson even, with his prophetic eye
could hardly have supposed that so soon his country
would be trembling for herself. And the pro-slavery men
of the North have yet no love of justice, no appreciation of
the principles of universal liberty ; and to-day, instead of
sneering at the "nigger," they should clothe themselves in
sackcloth and ashes, and with faces in tlie dust they should
cry, "God be merciful to us miserable sinners." When
men in the North profess to love slavery, which all men,
everywhere, in their inmost souls, must abhor, we can not
wonder that the south have learned to despise freemen,
and free institutions — to " hate everything with the prefix
free," and to trample upon free governments. AVhen the
President called for 75,000 troops, Jeff. Davis and "his cab
inet regarded it as a rich joke, and enjoyed a hearty laugh
at Lincoln's expense. They evidently expected that a
single crack of the slaveowner's whip would send the
white livered Yankees howling to their holes. And the
aggressions hitherto borne by the North, furnished them
reasons for the conclusion ; for the history of those ag
gressions is but the history of the South.
A people who live upon the groans and tears of the
black man, will not permit the laws, the rights, or the lib
erties of the white man, to stand between them and their
unholy desires. And there was a large part of the leaders
of a great party in the North, who were relied upon to
prevent the march of soldiers to aid the Government.
There seemed to be a perfect understanding between
the chief rebel in Richmond and his organs in the Free
States, and he did not overrate their disposition ; they only
fell short in ability. To prove that these leaders have done
and are yet doing all they can, to prevent a vigerous pros-
' ecution of the waj-, I will ask attention to a few familiar
facts : When the rebels had seized the United States prop
erty in most of seven states, to the amount of many mil-

ion dollars: had captured United States troops, fired upon
unarmed transports, and were preparing to capture the
very Capitol of the Nation, the great mass of those leaders
and organs were opposed to resisting them. The State
Convention of the Democratic party of the-State of Michi
gan iu 1861 resolved, among otner things, that "we .earn-
"estly counsel against all menaces or coercion of States by
"arms." The Detroit Free Press of January 26th, 1861,
said : "If there shall not be a change in the present seem-
"ing purpose to yield to no accommodation of the national
"difficulties, and if troops shall be raised in the North, to
"march against the people of the South, a fire in the
"rear- will be opened upon such troops, which will
"EITHER stop their march altogether, or wonderfully
"accelerate it. Or in other words, if, in the present
"posture of the Republican party towards the national
"difficulties, war shall be waged, that war will be
fought in the north."
The same paper on the 20th of the same month, said;
"There are some sixty-five thousand able bodied men, —
"voters at the late election, — citizens of this State, who
•'will interpose themselves between any troops that may be
"raised in Michigan, and the people of the South."
The same paper, of the 30th of Jan., 1861, quotes from
the Bangor (Maine) Union, thus : "The whole Democracy
•'of the North is apparently agreed, that if there should be
"no compromise of the National difficulties, separation
"shall be peaceful." The Free Press adds: "Such is
"certainly the voice of the Democracy of Michigan." To
crown its infamy, the paper which uttered the above, must
go back and insult the memory ofthe Father of the Repub
lic in an article, of which the following is an extract : " The
"people of the South are animated by the same spirit which fired
"the hearts of the patriots of the Revolution ; they have borne
"with persecution until forbearance has, ceased to be a vir-
"tue ; all hope of the acknowledgement of their rights has
"been lost ; and they now stand at bay, determined to sub-
"mit no longer Resistance to tyranny is their sentiment, — resis
tance to the death " I !
The Buffalo Courier, about the same time, held the fol
lowing language :
"For our own part, we have no faith in the capacity of

"the General Government to hold the Union together by
"force, or even to execute the laws, against the resistance
"of seven or more seceding States. The framers of the Con
stitution never contemplated such a monstrous condition of
"things, and hence failed to provide for it. * * * *
"The Slave States, acting in concert, could not be chas-
"tised into submission, under any circumstances ; and if,|in
"such a contingency, the Northern Democracy were to say
"that the blood of the south should not be shed, in a vain
"attempt to subjugate them, a peaceful separation might be
"effected."!! The Albany Argus, another leading organ of that party
in the State of New York, in its issue of April 15th, 1861,
says : "The President, if the telegram from Washington
"is to be believed, has issued a requisition for 75,000 troops
"from the States. Where does he find the power to do
"this ? Congress refuses to pass a law for such purpose.
"Existing acts of Congress confer no such authority. Is
"the proposition a weak attempt to brag ? Let not our
"Democratic Legislature be decoyed into countenancing
"any such act of usurpation. Stand by the Constitution
"and laws, but resist usurpation," The Buffalo Courier
tells us that the Constitution failed to provide for any such
"monstrous state of affairs." The Argus is willing to stand
by the Constitution, while it is being torn in fragments ;
but counsels resistance to usurpation. This is the propo
sition of the party, as indicated by its leaders : their logic
is, that inasmuch as the Constitution provides no means of
putting down a rebellion, therefore it is unconstitutional to
put forth any effort to save the Constitution ; and that,
while it is proper to resist usurpation of the power neces
sary to crush out the rebellion, and save Constitutional
Government, it is undemocratic to resist, in the least, any
effort to destroy the Constitution and the Government, be
cause the founders of both never contemplated "such a
monstrous state of affairs," and therefore neglected to pro
vide for it. The argument bears upon its face the impress
of its own refutation.
Self preservation is the first law of Government, as well
as of individuals. The necessities of war are before all
laws, (except those of warfare) and independent of all stat
utes,, and constitutions. An eminent English writer says :

"Martial law is the law of war ; that depends upon the just
"but arbitrary power of the Ruler ; for, though he doth not
"make any laws, but by common consent, yet in time of
"war, by reason of the necessity of it, to guard against
"dangers that often arise, he useth absolute power, so that
"his word is law. When in time of extreme peril to the
"State, either from without or within, the general safety
"can not be trusted to the ordinary administration, or the
"public welfare demands the adoption and execution of ex
traordinary measures, it may become necessary to declare
the existence of martial law." No man understood this
better than Gen. Jackson, when he assumed the responsi
bility, and declared martial law ; suspended the writ of
habeas corpus, closed the liberty of the press and of speech,
imprisoned one or two fractious Judges, armed slaves, and
saved the great "Crescent City" of the Southwest. The
fine of $10,000 even, that was afterwards imposed upon
him was not sufficient to increase his caution in what he
knew to be right, but when the arch traitor Calhoun un
dertook to dissolve the Union he was ready again to re
sume the responsibility. He did not stop to inquire
whether our fathers "had contemplated such a monstrous
state of affairs," and had provided for it in the constitution !
He arose in his indignation and swore "By the Eternal,"
it should not be done, and it was not. Where were the
constitutional croakers in those days? It was Jackson
then, who assumed the responsibility : it is Lincoln, now.
Jackson had this advantage; he was in power when they
commenced, and he crushed the monster in the shell. But
he knew that the spirit still lived, and he looked forward
to our day, with deep anxiety, in anticipation of this aw
ful struggle. In May, 1833, he wrote to the Rev. Andrew
Crawford, as follows : "(private.)
"Washington, May 1, 1833. My dear Sir: * * * T
"have had a laborious task here, but nullification is dead ;
"and its actors. and courtiers will only be remembered for
"their wicked designs to sever and destroy the only good
"Government on the globe, and that prosperity and hap
piness we enjoy over every other portion of the world.
"Hainan's gallows ought to be the fate of all such ambi-
"tious men, who would involve their country in civil war,

"and. ail the evils in its train, that they might reign and
"ride on its whirlwinds, and direct the storm. The free
'ipeople of these United States have spoken and consigned
"these wicked demagogues to their proper doom. Take
"care of your nullifiers ; yuu have them among you; let
"them meet with the indignant frowns of every man who.
"loves his country. The tariff it is nou'' — and he italicises
or underscores the word "now" — "known, as a mere pre
text — its burden was on your coarse woolens. By the law
"of July 1832, coarse woolen was reduced tu live per cent.
"for the benefit of the South. Mr. Clay's bill takes it up
"and classes it with woolens at fifty per cent., reduces it
"gradually down to twenty per cent., and there it is to re-
"main, and Mr. Calhoun and all the nullifiers agree to
"the principle. The cash duties and home valuation will
¦'be equal to fifteen per cent more, aud after the year 1842,
"you pay on coarse woolens thirty-five per cent. If this is
"not protection. I cannot understand;, therefore the tariff
"was only the pretext, and disunion and a Southern Con
federacy the. real object. The next pretext will be the
"negro or slavery question. My health is not good, but is
"improving a little. Present me kindly to your lady and
"family, and believe me to be your friend. I will always
"be happy to hear from you.
"Andrew Jackson.
"The Rev. Andrew J. Crawford — "
It was the "tariff" then — 'tis "the negro, or slavery ques
tion" now. The rebels found no sympathy in the White
House then ; this time, they had almost the entire control
of the Government in its every branch, for four years, and
actually divided the States and set up a Government for
themselves under democratic rule, with a President who
could find no authority in the Constitution to prevent it.
I charge that the Administration, with the party that did
then, and do now support its principles, are responsible be
fore Heaven for the success of this rebellion thus far — for
the appalling waste of blood and treasure that might have
been prevented by the efforts that prevented the success of
the first rebellion. In proof of this let us glance briefly at
the facts. Almost every man in Buchanan's cabinet was a
Southern man. The Secretary of the Treasury and the
Secretaryof War were avowed secessionists; and they are

,  17
both Generals in the rebel army.
Secretary Cobb so managed to destroy the credit of the
Government, that he paid twelve 'per cent interest on mon
ey which he borrowed to carry on the Government, and:
found it difficult to obtain it at that. And this, too, when
the funds of the Government formerly commanded a pre^
mium of twenty per cent. The Secretary of War went
systematically to work to disarm the Free States ; and to
place all the1 arms and munitions of the nation. in ithe
hands of those who were plotting the overthrow, of the
Government. Many thousand stands of arms were re
moved from Springfield Arsenal, and sent to the care of
Southern traitors ; and there was scarcely a depository of
arms in the whole North, that was not made to undergo
a similar depletion/ And where there could be no excuse
found for removing the arms, Mr. Floyd contrived to have
them. destroyed as far as possible. The army, scarcely 17,-
000 strong, was scattered to the remotest parts ofthe nation
where it would be the least serviceable to the Government,
and most completely in the power of the rebels. An im- ¦
portant command was given tp the rebel Twiggs in Texas;
he handed over the army with all the munitions of war in
his department, to the Confederate states as soon as asked ;
and ih en he went to New Orleans and other Southern
cities, to receive the congratulations and toasts of rebels;
and lastly, he. has been called to another department, to re
ceive what greeting and toasting is due him in the other
world. As with the army, so with the navy under Sec
retary Toucey ; that was placed in a condition to be of
little avail to the Government. It was scattered to the
four quarters of the globe ; all sent off on distant service,
except one. The last sloop-of-war (except the Brooklyn)
was sent on a two years' cruise, just before tne close of that
Administration. All these facts were known to the.
country; they were known to the democracy who had the ¦
power. And yet not a single note of alarm was sounded
from • that . quarter. While the Government ¦ was being
robbed, undermined and destroyed, the democracy with
anxious faces and averted looks, were whispering "Peace
peace! Hush, or you will disturb — you will irritate our-.
Southern brethren." And from that day to this they have .:

18  ______
opposed every radical measure for the suppression of this
rebellion ; and now turn to us and ask with much assurance,
why it is not suppressed. They opposed confiscation of
rebel property ; without which property the rebellion could
not exist. The slaves do the manual labor of the South,
produce the crops which supply the army, and support the
Government. Slavery is the tree in the branches of which
the Confederacy has rested from the beginning. Lincoln
has laid the ax to the root of that tree, and called to the
Confederacy, "Zaccheus ! come down ! " 'Tis a gnarly tree
he plies the ax ; and lo, the whole democratic party rush
to the support of this last great prop ofthe rebellion. Their
cry is "Woodman, spare that tree,
Touch not a single bough."
But Lincoln works with a will. The Democracy threaten
"a fire in the rear," — howl "abolitionist ! " — but ail to no
purpose. Severe as is the remedy, the life of the nation
depends upon it and the Union must and shall be preser
ved. A hundred thousand free white men of the north
' have wasted away from our armies, and left their bones
bleaching upon southern soil. In the south there are sev- ¦
eral hundred thousand Union men who know the country
perfectly, who are acclimated, are hardy and strong, and
who, from the beginning of the war, have been begging
for the poor privilege of fighting or serving in the white
man's stead. The Government now proposes to a very
limited extent, to accept the services of negroes, not as
slaves, but as free man. This, with all other effective meas
ures, meets with the most bitter opposition. 'Tis stigma
tized as an "abolition scheme"; as brutal and inhuman.
Let us examine for a moment these charges. The idea
of arming slaves and freeing them, is neither new or novel.
It did not originate with Abraham Lincoln, with the Re
publican party, nor yet with abolitionists. This, instead of
being the first time in the history of this continent, that
negroes were called into the ranks to fight, side by side
with white men, is really the first time in the history ofthe
world so far as I have read, when the measure has met
with such violent opposition. It is the first time when
blind, unthinking fanaticism upon the negro question,

 .  19
has been allowed to run away with the brains of a people,
so as to leave the spectacle of a nation,struggling in the very
jaws of destruction, and yet refusing the active, energetic
aid of five hundred thousand strong men, merely because
of the shade of their complexion. It is amazing that while
men are paid enormous wages, and are led to wholesale
slaughter by thousands, the negro who has been en
slaved, is denied the right to die in defense of his liberties
— because he is not good enough to stop rebel balls. 'Tis
a delicate taste a people must have which prompts them
when almost drowned beneath the flood of treason, to re
fuse- the hand stretched out to save merely because the
hand is black. The history which records the unparallel
ed stupidity of such a transaction will require much ac
curacy to meet with full credit in future ages. And yet
thus it is. But thus it has not always been. When Jack
son armed the negroes in the' war of 1812, the war w7as
brought to a successful termination by their aid. We read
of no such opposition then: negroes were good enough to
fight an honorable foe, in behalf of the. mere rights of com
merce and the credit of the nation abroad. They were or
ganized and armed ; they fought bravely, and received the
gratitude of the whole American nation ; and we have yet
to learn that the white soldiers were degraded because
negroes helped them. It was not supposed that the aid of
a negro would make a black of a white man, any more
than that the use of. mules would make donkeys of the
whole army. But now, when the question is nothing less
than one of national existence, when the liberties of the
whole continent are at stake, and all the hopes of freedom
for the whole world are being crushed ; and wdien our foes
are the most thievish, unscrupulous, traitorous, barbarous,
God-forsaken and hell-deserving rebels, that ever disgraced
the face of this fair earth-now, forsooth, nothing but the best
blood of white men is fit to enrich the slave-blighted soil
of the rebellious States. Negroes are not good enough to
share, as horses and mules do, the toils, sufferings and pri
vations of the war. And all who favor their help,and believe
in using every and all means consistent w-ith civilized war
fare, for the purpose of crushing out this un/ioly rebellion,are
stigmatized as Abolitionists. Well, sir, let the cry go forth, it

20 -"¦'  ^ 
has lost its terrors : — 'tis obsolete for every purpose but to
indicate the rebel ; and for this, 'tis a>» appropriate as the
cross and slit in the swine's ear, to indicate the owner. But
I have said that the idea of arming slaves did not origi
nate with Republicans nor yet with Abolitionists. Gen.
Jackson used slaves in fighting, and eulogized negro sol
diers ; then had manhood enough left to become the idol
of the democratic party, before it had become corrupted by
the Slave Power, — the "Old Hickory" of the nation ! And
yet he was not the first to arm staves. They were used all
through the revolution, in our army and navy. Washing
ton not only fought side by side with negroes, but it is re
lated in one instance, upon the tented field, he shared his
blanket and actually slept with a negroe. And yet he had
dignity, nobility and manhood enough left to be called
"the father of his country; first in war, first in peace, and
first in the hearts of his' countrymen." And yet the idea
of negro soldiers did not originate with him. It was left
to another class — another people, to place upon their statute
books, a law, not only calling for negroes and slaves to vol
unteer, but actually drafting them into the military service
Far away, upon the Atlantic coast, there stands one of the
oldest cities ofthe Union. 'Tis the only city in the nation-
where a British soldier found a hearty and almost unani
mous welcome, in the old Revolution" for liberty. 'Tis the
city where the fires of Toryism have not gone out since
the war for Independence — where the democracy conven
ed together, for the last time, and agreed upon the acqui
sition of Cuba, but could not agree upon the spoils of office
'Tis where the first storm of iron hail was vomited, as if
from the crater of the infernal pit, upon the emblem of
liberty — the flag of the free. Down in South Carolina,
away from the dwelling place of patriots and patriotism,'
in the city of Charleston, amid the fetid breath of slavery^
infidelity and treason, there where they now hang ne°roes
for daring to bear arms for their Government, were first
enacted in this country laws for calling out and drafting-
slaves into the military service. In the statutes of South
Carolina, vol. 7, page 347, in an act passed in the year A. D.
1690, We find provision for organizing and arming slaves.
It read thus :

 2T
Whereas, Among the several slaves belonging to this col
ony, there are a great number of them who, by care and
discipline; may be rendered serviceable towards the de
fense and preservation of this Province, in case of actual
invasion ; in order, therefore, to make the assistance of
our said trusty slaves more certain and regular :-
1. Be it enacted, by_ His Excellency John P. Granville,
Palatine, and the rest of the true and absolute lords, and
proprietors of this province, by and with the advice and
consent of the rest of the members of the General Assem
bly, now met at Charleston, for the southwest part of this
province, and by the authority of the same, That within
thirty days after the ratification of this act, the several
captains or commanders of companies throughout this
province do, by virtue of a warrant under their hands and
seals, impower and commission five free-holders in their
respective divisions, (being sober, discreet men,) to form
and complete a list of such negroes, mulattoes and Indian
slaves, as they or any three of them, shall judge serviceable
for the purpose aforesaid ; which said commissioners, after
having finished their said lists, are to warn and summon
their masters, mistresses or overseers to whom the said
slaves do belong, to appear before them at a certain date,
to show cause (if any) why their said slave or slaves so
chosen, should not continue in the list; which reasons the
said commissioners, or any of them, are hereby made,com-
petent judges, to allow or disapprove, as they in their dis
cretion, shall think fit ; and further to direct and require
the several masters, mistresses or overseers of the said
slaves, on time of alarm or other special summons, that
they cause their several slaves, so enlisted and armed either
with a serviceable lance, hatchet or gun, with sufficient
ammunition and hatchets, according to the conveniency of
the said owners, to appear under the colors of the respec
tive captains, in their several divisions, throughout this
Province, there to remain and be disposed in such manner
as the said officer or the commander-in-chief shall direct
and appoint, for the public service."
South Carolina has passed two other acts, upon the same
subject, and of a similar nature, and at later periods ; one
is found on page 33, same volume, and the other upon

_2_  _
pages 349 and 350, sec. 1, 3 and 5 of the later act provides
as follows :
"I. Be it enacted by His Excellency John Lord Gran
ville, Palatine, and the rest of the true and absolute lords
and proprietors of this Province, by and with the advice
and consent of the General Assembly now met at Charles
ton, for the southwest part of this Province and by the
authority of the same, That within fifteen days Rafter the
ratification of this act, the several captains of patrols, cap
tains, lieutenants and ensigns of the companies through
out this Province form and complete a list of such negroes^
mulattoes and Indian slaves as they, or any two of them
shall judge serviceable for the purpose aforesaid, not ex
ceeding the number of white men under the command of
each respective captain, excepting one man slave, which
shall be at the choice of his master to attend upon him
upon alarms, armed with a gun and hatchet or cutlass, at
his own cost and charge ; which said officers, after having
finished their said lists, are to warn and summons the mas
ters, mistresses or overseers to whom the slaves do belong,
to appear before them at a certain day, to show cause (if
any,) why their said slaves should not continue in the said
list ; of which reasons the said officers, or any three of them
are hereby made competent judges, to allow or disapprove,
as they in their discretion, shall think fit."
"III. And be it further enacted by the authority afore
said, That if the said officers, or any of them, shall refuse
or neglect to execute and perform all and whatsoever is
directed and enjoined them by this Act, that then the
officer or officers so neglecting or refusing as aforesaid,
shall, for each neglect or refusal, forfeit the sum of five
pounds each, to be recovered as in this act is hereinafter pre
scribed in the case of the master or mistress their neglect
or refusal to perform their part, prescribed by this Act.
"V. Be it further enacted by the authority aforesaid
That if any slave shall in actual invasion, kill or take one
or more of our enemies, and the same shall prove, by any
white person, to be done by him, he shall, for his reward,
at the charge of the public, have and enjoy his freedom^
for such his taking or killing as aforsaid; and the master
or owner of such slave shall be paid, and satisfied by the
public, at such rates and prices as three free-holders of the

 ^  ss
neighborhood, who well know the said slave, being nomin
ated and appointed by the Right Honorable, the Governor
or Governor for the time being, shall award on their oaths;
on which award so returned, the Governor or Governor for
the time being, is hereby empowered to order the Public
Receiver to pay the same, who is hereby required and com
manded to pay the same accordingly. And if any of the
said slaves happen to be killed or taken, in actual service
of this Province, by the enemy, or after enlisted as afore
said, shall desert and run over to the enemy, in time of an
invasion, then the master or owner shall be paid or satisfied
for him, in such manner and form, as is before appointed
to owners whose slaves are set free."
These laws are found among the published laws
of South Carolina. I can find no act repealing them, and
if there is none, they are the law ofthat State at the pres
ent time. With such laws upon their statute books, with
what consistency can South Carolina, or the Democracy of
the North, object against the use of negroes against the re
bellion? As a matter of curiosity if not of instruction, while the
volume is in my hand, I will refer to an act which might
be termed a humanitarian act. I read from page 413
same volume:
"XLIV. And whereas, many owners of slaves and
others who have the care, management and overseering
slaves, do confine them so closely to hard labor, that they
have not sufficient time for natural rest : Be it therefore en
acted by the authority aforesaid, that if any owner of
slaves, or other person who shall have the care, manage
ment or overseering of any slaves, shall work or put to
labor any such slave or slaves more than fifteen hours in
four and twenty hours from the twenty-fifth day of March
to the twentyjfifth day of September, or more than four
teen hours in four and twenty hours from the twenty-fifth
day of September to the twenty-fifth day of March, every
such person shall forfeit any sum not exceeding twenty
pounds, nor under five pounds, current money, for every
time he, she or they shall offend herin, at the discretion of
the justice before whom such complaint shall be made."
"XLV. And whereas the having of slaves taught to

29?  .
write, -or suffering them, to be employed in writing, may be
attended with great inconvenience : Be it therefore enacted
by the authority aforesaid, that all and every person or per
sons whatsoever, who shall hereafter teach or cause any
slave or slaves to be taught to write, or shall use or employ
any slave as a scribe in any manner of writing, whatsoever
hereafter taught to write, every such person or persons
shall for every such offense forfeit the sum of one hundred
pounds current money.
South Carolinians have said something, and pro-slavery
sympathizers of the North have said much against person
al liberty laws. And yet on page 470 of this book we find
a very singular enactment, that might be called a "person
al slave law," which I do not remember to have seen con
demned by any pro-slavery man, North or South. It pro
vides among other things as follows :
"II. And be it further enacted by the authority afore
said, That it shall not be lawful for any free negro' or per
son of color to come into this State on board any vessel, as
a cook, steward or mariner, or in any other employment
on board such vessel; and in case any vessel shall arrive
in any port or harbor of this State, from any other State or
foreign port having on board any free negro or person of
color employed on board such vessel as a cook, steward or
mariner, or in any other employment, it shall be the duty
of the Sheriff of the district in which such port or harbor
is situated, immediately on the arrival of such vessel to ap
prehend such free negro or person of color so arriving con
trary to this act and to confine him or her closely in jail
until such vessel shall be hauled off from the wharf and
ready to proceed to sea. And that when said vessel is
ready to sail, the captain of said vessel shall be bound to
carry away the said free negro or person of color and to pay
the expenses of his or her detention. And in every such
case it shall be the duty ofthe Sheriff aforesaid, immediate
ly upon the apprehension of any free negro or person of
color, to cause said captain to enter into a recognizance,
with good and sufficient security, in the sum of one thous~-
and dollars for each free negro or slave so brought or intro
duced in this State, that he will comply with the requisi
tion of this act: and that, on his neglect; refusal or inability

25r.T

to do the same, he shall be compelled by the Sheriff afore-'
said, to haul said vessel into the stream one hundred yards •
distant from the shore, and remain until said vessel shall -
proceed to sea. And if said vessel shall not be hauled i off >
from the shore, as aforesaid, on the order of the Sheriff
aforesaid, within twenty-four hours after the said order,
the captain or commanding officer of said vessel: shall be .
indicted therefor, and, on conviction, forfeit and pay one
thousand dollars and suffer ^imprisonment not exceeding
six months.
"IV And be it further enacted by the authority afore
said, That it shall not be lawful for any master or captain:
of any vessel, or for any other person, to introduce or bring
into the limits of this State any free negro or person of
color, as a passenger or as a cook, mariner, steward, or in
any other capacity; on board of such vessel, whose entrance
into this State is prohibited by this act. And; if any mas
ter or captain of such vessel, as aforesaid, shall bring in or
introduce into this State any such free negro or person of
color, whose entrance is prohibited as aforesaid, or if any
other person shall introduce by land, as a servant, any free
negro, or person of color, every such person shall, for the
first offense be indicted therefor, and on conviction be fined
in a sum not exceeding one hundred dollars: and for the
second offense, be liable to forfeit and pay for such free
person or persons of color so brought into this state, the
sum of one thousand dollars ; and shall, moreover, be lia
ble to be imprisoned for any term of time not exceeding
six months. And such free negro or person of color so in
troduced, -whose entrance into this State .is prohibited as
aforesaid, shall be dealt with as is prescribed in the first
section of this act"; which provides that—
"He or she shall be sold at public sale as a slave; and
the proceeds of each sale shall be appropriated and sup
plied, one-half thereof to the use of the State, and the
other half to the use ofthe informer."
This law is in flagrant violation of sec. 2, of article 4 of
the constitution of the United States, which provides
that "The citizens of 'each State shall' be entitled to all
"privileges and immunities of citizens in .the several
"States." In some of the Atlantic states, like our own

26 
Michigan, they have omitted the "word "white" in their tax
laws ; but believing in the injustice jof taxation without
representation, they had, unlike Michigan, omitted the
same word in their election laws ; and people of color were
citizens of those States, and therefore entitled to all privil
eges and immunities of citizens in the several states; and
yet under this law, colored citizens of Massachuseetts, upon
Massachusetts vessels entering the harbor of South Caro
lina, from storms or otherwise, were seized, hurried on
shore, confined in jail, and unless the money was forth
coming to pay for their keeping, when their vessel sailed
they were sold into slavery. All the world that knew the
facts acknowledged the law to be an outrage upon human
ity, a clear violation of the Constitution. South Carolina
acknowledged it, for when Massachusetts sent an honor
ed statesman, and an eminent lawyer, peacefully to try
the validity of the law, before the courts of South Carolina;
he and his beautiful daughter were driven from Charles
ton by a howling mob; and then the State immediately
made it a felony for any man to contest the validity of
the law. And Massachusetts, glorious old Massachusetts!
the cradle of liberty ! the home of christian civilization and
education ! the blood of whose valiant sons was first pour
ed out for the life of the nation in its struggle of 1861^- as-
well as in that of 1776; Massachusetts, who saved the na
tion in the revolution, and whose troops were first in the
field, and saved Washington, in this rebellion "must be
left out in the cold," by rebel sympathizers of the North;
must receive the scoffs and sneers of the pro-slavery press
everywhere, while they would hug South Carolina, to the
bosom of the Northwest, as an afflicted and perhaps "err
ing sister." God save the mark, Massachusetts will live
in the glory, honor, and adoration of good men everywhere
long after South Carolina, the slime of its slavery and its
treason sympathizing minions, shall have rotted in meri
ted oblivion.
It is claimed "that the people of the south are animated
"by the same spirit which fired the hearts of the patriots
"of the Revolution. They have borne until forbearance
ceases to be a virtue." If this were true, palsied should be
the arm that was raised against them. The patriots of

 •  97
the Revolution were right. They had fled from oppression
in the old world; they sought a home of freedom amid
the wilds and savages of the new world; they braved the
perils of a tempestuous ocean, the barbarism of the savage
aborigines ; the danger of starvation and the hardships of
a life in the wilderness, for the precious God-given boon
of liberty. British thraldom followed them, and fastened
its yoke upon them ; not with their consent, but in
spite of their protestations. A despotism, two thousand
miles away, assumed to place its iron heel upon their
necks, to grind them to the earth with taxation, and yet
denied them the right of all representation. They resist-
ted not the government of their choice, not a government
that had any claims on them, but a tyrant who followed
them across the ocean, to filch from them their property
and their liberties. On the other hand, the Federal Gov
ernment was .the choice of every state, as we have already
shown. The South have never been deprived of a single
right under the Constitution. They have monopolized its
offices, controlled its action, ruled, robbed, and are now
trying to destroy it. Are these parallel cases ? There is
no parallel between them, more than there is between
good and evil, light and darkness, Heaven and Hell. I
may be thought radical. Well, Sir, rebellion against lib
erty, and in favor of slavery is a radical disease. I remem
ber of but one parallel case. Milton describes it ; and the
remedy applied was certainly more radical than any we
propose. The Great Jehovah put down that rebellion ;
and he did it effectually, if not mercifully. He never
stopped until the last rebel was cast into the pit, where the
smoke of their torments ascendeth up for ever and ever.
'Tis not mercy in this people to permit the only good Gov
ernment on this earth to be destroyed, that upon its ruins _
there may be built up a mighty deepotisrn, the chief corn- '
er stone of which shall be human bondage. Talk not to
me of the rights of rebels. We heard of no such rights
when John Brown committed treason for liberty and
against slavery; and those who committed treason for slav
ery against liberty, are entitled to no more consideration
in this would, and I trust a righteous God will look after
their rights in the world to come,

n

__8  ¦— —
This rebellion is being nursed by the sympathy of party;
spirit, and the claims of party ties hold hundreds to its sup
port, and men who in their soul loathe its iniquiry. Wash
ington, in speaking of party spirit, said, "it's a fire not to
be , quenched, which demadns uniform vigilance, lest in
stead of warming it should burst into a flame, and con
sume., .
Party spirit is proper so far as it promotes principle s :
when it goes beyond that it ceases to be beneficial and be
comes destructive. For years there has been a contest be
tween political parties for Southern favor. The party
which could best subserve Southern interests was sure to
obtain the ascendency. The old Whig party stood it well
for a season, but finally fainted by the way and is no more
The race has been vigorous, but long since the Democratic
party has defied all competition and comparison,' it has out
stripped all. competitors, until now it is without a rival in
the scene, masters in the field, in undisputed possession of
its own detestable pre-eminence, the only party in this
great country that has avowed sympathy, and undisguised
aid for rebels *in arms. To illustrate the feel
ings of at least a portion of the organization, I will call
your attention to the following resolutions, clipped from
Free Press of the 9th inst., and which the Free Press says
were adopted without a dissenting voice :
Resolved by the Democracy of Wayne county in con
vention as follows :
First — That the frightful condition to which our country
has been brought by the radical and hostile factions north
and south,. calls in thunder tones upon every democrat to
stand by the old land marks, and by their time honored
principles of the democratic party.
Second — That we stand by the Constitution, the Union,
the laws and the personal liberty of the citizen, and we
hold him unworthy to enjoy constitutional freedom, who
is .willing to sacrifice any or either of those to the imbecile
and corrupt faction which has set up and is attempting to
wield despotic and, tyranmcal.pqwerat Washington.
Third — That the administration of Abraham Lincoln is
worse,infinitely worse than a failure ; it hasbeen,and is,one
uniform 'series' bf stupendous 'disasters. Yea,in many re-

 ___.
spects, it has been highly criminal, and unless its leading
policy shall be completely changed, it will continue to be,
as it is now, unworthy of the public confidence. * * *
Fifth — That the armies of the Union are able to bring
this war to a successful termination if it shall be conduct
ed for its only legitimate objects, the restoration of the
Union and the maintenance of the Constitution ; and there
fore, whiie we will make every sacrifice to crush the rebel
lion, we question the propriety of raising negro regiments
as a reflection upon our national soldiery, as tending to
bring the two races into political and social equality, and
as a virtual concession that our cause is regarded by those
in authority as already hopeless.
* * * * * * ^
Seventh-That the proclamations of Emancipation issued
by the President are unconstitutional and void; they were
usurpations of authority ; they were impolitic in the ex
treme and unwise in every point of view.
Eighth — That we are freemen determined still to be free
and no servile minions of usurped authority shall manacle
our limbs, incarcerate us in political prisons, or prevent
the free expressions of our sentiments ; and we caution the
usurpers against a possible civil war in the North, in which
blood may be poured out in torrents in defense of constitu
tional liberty.
Ninth — That a National convention, in which all the
States should be fairly represented, would, in our opinion
in the present aspects of our national affairs, be the means
most likely to bring about a just and reasonable settlement
of our national difficulties. * * *
Eleventh — That while the democratic party of the Mid
dle and Western States has cheerfully responded to the
call of the President for men and money, until nearly
every household in the land has been called to mourn the
loss of some one or more of its beloved inmates, we are
still left to grieve at the tardiness with which some of the
New England States (to whose pernicious'teachings we are
mainly indebted for this unhappy state of the country)
have met the demands on them.
Twelfth — That we recognize in the late elections evidence
of the returning sense of the people, and evidence of the

JO 
truth of the trite saying of the Kinderhook states man,that
sober seeond thought of the people is seldom wrong, and
always efficient ; and that. old Wayne, anxious not to be
outdone by her sister counties, and emulous of her once
proud position,, has given unmistakeable evidence of her
determination to be on the side of right and the Constitu
tion, in speaking through her fifteen hundred gun battery
in thunder tones that cannot be mistaken."
In the eighth. resolution -.. of the Wayne democracy, they
say they are "freemen." Yes, Mr. Chairman, under'
this government with the blessing, of Heaven, they
are free,. happy and prosperous. An American citizen has:
been the proudest title any man could wear, and a pass
port all over the world outside of America. All they
have and are they owe to the Government under God : —
that' Government never did — never proposed — to abridge
a single right of an American citizen — it has only put
forth its arm to prevent the consummation of the great sin
of its destruction. No loyal man has ever been disturbed
in the quietude of his home. No loyal man has the re
motest fears of being disturbed in the enjoyment of any
right. Yes, they are free : under the Government -of the
United States they may continue free ; the path of duty is
the path ol safety. — stand by the Government, crush out
rebellion, and freedom and free institutions are secured to
us, our .children and our children's children forever. But
safety is in the Government and not out of it. Do you
say that you do not like the pilot ; and that the old ship
of state is being carried out ol the channel laid down upon
the chart, in the Constitution, — that. you. see breakers
ahead — a threatening lee shore upon your left; and
rocks and shoals all around, that are not laid down upon
the chart, that the chart of the Constitution points to clear
weather and smooth water. All this may be true — but do
you not remember that since that chart was made there
has been7 a land slide of over seven States directly into the
channel marked out by that instrument, that there is mu
tiny on board— much of the canvass has been torn away —
the old ship's flag has been trampled under foot, her bal
last, has been, destroyed, and her whole frame is shivering
under, one.ol the 'most terrible gales — the most awful storm

 31_
of rebellion tliat ever beatnuponnthe:: sides elany ship, of
state. The pilot found men. on board i; cutting: the- tiller 1 1 ropes-,!
and others endeavoring- to 'fire :the ship.. He orderedrthena,
confined, and hasthus-farisaved/the'ship, torn amd-brSokeaa/
as she is.
He calls for help ; the storm. grows dark;, the .ship-shiv
ers in every timber, one-tenth of her crew. -are; already ;
washed overboard.; it requires the aidjofieverysonlto: mami
the ship;:he calls upon, them to >bear a hand; far Gad'sssake-;
men, lay hold, or we are dashed upon-i the . shore.- ¦ ,j Now,,
what will you do? Will you-spring' as- one man- to.- the-
rescue, man the. ratlin,! brace ; up the. sails-,; help/ at: the-
wheel, and. secure the mutineers,, who are destroying > the-
shipy that she may safely ride out the storms and.- comfit
again into the quiet waters of peace . audi security,, wheret
she may once more bear proudly up the,; .old, flag,.. ias a;
beacon,- of. hope, safety and liberty to the oppressed of all
lands,, through all time to come. This- would be theiim-;
pulse of the patriot — nothing;less than this- .can any maa,
do who loves- his country.
. Men of Michigan' will- you. do this.?. on miL you go be
low, sympathize with the mutineers,, curse. therpifot for il
legal arrests and swear that mot another man ishall be ar
rested ¦ until .the ship is brought into iport, or , it. is done by
due; process of the Jaw? Heaven i -help; the people- .to*
choose, for on that choice hangs the -fate of the mation. If.
the ship goes down, the most of us will sink witk-her.- (God,
grant that I may not survive my country),. those who sur
vive the wreck will be left floating;, upon unknown seas,
without chart or cornp&ss, shuti.outfnom the ; genial rays of
ithe sun of liberty, a curse to ,theraselvesj\a hissing and a
iby w-ord to the world. Yes, Mr. Chairman, as the democ
racy of Wayne county resolve "they are freemen;" but they
do not. know. that every link they, break < from, the.; golden
chain that binds this .government together, may , be . forged
into fetters for their limbs.
With patriotism, in the Union is light, liberty and safety. :
Beyond that, all is darkness; and doubt. — These resolutions.
threaten civil war, threaten to deluge trie North ;witi>hu-t-
man gore in case arbitrary, arrests? are. persistedtin. .Heav*^
en help those who adopted- them ! Do they not know- that

hey a re sowing to the wind, with a prospect of reaping
he wh irlwind — that they are kindling a fire which may
consume them and us, — civil war means death to men, de
struction to property, and ashes to cities. Once let slip the
war dogs of civil war and it is annihilation to the country
It means more than this — it means annihilation to our
armies in the field — death to our brothers in the service,
triumph to Jeff Davis and the rebellion — the letting loose
of all the demons of the infernal pit upon the country, to
devastate with fire and sword. I take it that the democra
cy of Michigan are hardly prepared to endorse this, that
instead of spending their means for implements of de
struction at home, they will make'large appropriations for
the "Insane Asylum" and endeavor to bring these erring
brothers back to their right minds. I have no desire to
speak in unnecessary harshness, but we have to deal with
facts as they exist. I would appeal to the men of Michi
gan to ponder well the position of affairs. Break all
shackles that bind you to sympathy with treason. Cluster
around the banner of our fathers, wipe out the last vestige
of the spirit that is sharpening the knife that is murder
ing our loyal brothers in the field. Unite in patriotism
for God and our native land ; and then shall treason hide
its head, and rebellion cease, then shall our country awake
to a holier and better life, then around every cottage door
shall cluster tearful, joyful faces, to welcome brave hearts
home from the field— and then in the fullness of gratitude
may we exclaim :
"Again our flag is at the mast;
As proudly as of old,
It leaps upon the joyous blast
As if, within its fold,
A thousand hearts alive and true,
Were throbbing in the field of blue."
The Senator from the "third" (Mr. Warner) has told us
"that from the days of Washington to the present time,
"Democracy had always been the same." He also quoted
largely from the speeches of Henry Clay, for the purpose
of showing, and I admit he did show conclusively that
Henry Clay took the position that Congress had no ' power
to interfere with slavery in the States. I go even beyond

 .  Pi 33
this, and" cheerfully admit that Congress, as congress, has
no power to interfere with' slavery in any State in the
Union. I believe this has been the republican- doctrine
from the commencement. In case a State should become
disorganized, or totally depopulated, the territory would
still belong to the Government, but it is no part of oiir
present purpose to discuss the powers of Congress in such
a contingency. If the quotations were made for the pur
pose of showing that Congress had no power to prohibit
slavery in the territories, there was certainly a failure in
the attempt. Henry Clay in his great speech in the U. S.
Senate, February 4th, 1850, says that the power of Con
gress over the subject of slavery in the territory, has "been
"settled for a period of fifty years, and that by all the ele-
"mentary writers of our country, by all the departments of
"our Government, Legislative, Executive and Judicial, and
'has never been seriously disturbed until recently." Henry
Clay did not stop here, but in a speech delivered July 22nd
same year, he said :
"The Constitution neither created nor does it . continue
"slavery. Slavery existed independent of the Constitution
"and it was dependent in the States, not upon the will of
"Congress, but upon the laws of the respective States. The
•'Constitution is silent and passive upon the subject of the
"institution of slavery, or rather it deals with the fact as a
"fact that exists, without having created, continued, or be-
"ing responsible for it in the- slightest degree within the
"States." Again Mr. Clay says :
"So long as God allows the vital current to flow- through
"my veins, I will never, never, never, by word or thought,
"by mind or will, aid in remitting one rod of free territory
"to the everlasting curse of human bondage." That was
Henry Clay, and on that subject he agreed with the great
mass of the democracy down to 1850. The. democratic
Legislature of Michigan, in 1849, (session laws, page 363)
resolved, among other things, "That we believe that Con-
"gress has the power, ana that it is their duty to prohrbit
"by legislative enactments, the introduction or existence of
"slavery in any of the territories of the United States, now
'for hereafter to be acquired." This was. democracy then; it

u if i .. ib . iii ' . j. ¦  kiji ui«p ni  im . —---¦¦  —-"in i" ' '
is republicanism to-day.
The Hon. Chas. E. Stuart, who received tbe patronage
of the party as long as they had patronage to give, in
1847 wrote the following letter and went before the people
upon the principles expressed therein, and was trium
phantly elected to Congress by the democracy of his dis
trict :
"Kalamazoo Oct. 25, 1847.
"My Dear Sir — A statement of my views upon the sub
ject of slavery, generally will, I think, answer satisfactorily
both branches of your second interrogatory.
"So far as the slave States have rights under the Consti
tution and laws of our Union, they should in my opinion,
be held inviolate. But IN THE ORGANIZATION OF
TERRITORIAL GOVERNMENTS, WHETHER OUT
OF OUR PRESENT POSSESSIONS, OR SUCH AS WE
MAY HEREAFTER ACQUIRE, A PROVISION OUGHT
IN MY OPINION, TO BE INCORPORATED PROHIBI
TING SLAVERY.
"Upon this subject I think we have an undoubted right
to act, AND I ALSO THINK THAT THE SPIRIT OF
PHILANTHROPY, IN ADDITION TO OUR INTEREST
REQUIRES EVERY GOOD CITIZEN TO ACT IN FAV
OR OF LIBERTY. Entertaining such views, should I
be placed in a position to enforce them, I should only be
restricted in my efforts by the Constitution and laws of
fhe United States, and the permanency and the welfare of
the Union.
"Regretting deeply that the character of this correspon
dence will not permit me to state, at length, the reason
upon which the foregoing is founded, N ;i
"I am, sir, your obedienlservant, "Charles E. Stuart,
"To C. S. Wheeler, Flowerfield, St. '; Joseph Co., Michigan.
and these, substantially were the views of the great mass
of the democracy in the free States at that time.
, In 1845, when the Democracy had the control of the
Legislature, a petition was introduced into the Senate
"praying that the necessary legislative action be taken for
amending the Constitution by expunging from the second
article thereof, the word "white." This petition was referred

 35
to the Committee on State Affairs, which consisted of Mi-
Samuel Denton, Mr. Patterson and Mr. Pratt. The report
of that Committee is in the Senate and House Doc. No. 15.
The majority of the Committee sustain the petition in an
elaborate and forcible report, and introduce a joint resolu
tion in accordance with the prayer of the petitioners. In
that report the committee says:
"The petiton seeks to carry into effect a great principle,
"namely that taxation and representation are inseparable.
"To this principle our republic owes its being. But for it,
"the. State of Michigan had not been this day in sover
eignty. For its assertion, the wisdom, the blood, and the
"treasure of this nation were not deemed too great an ex
penditure during eight years of infancy and weakness.
* * * These reasons induce your
"committee to report favorably to the petitioners' prayer,
"1 st, because of the great principle involved, — the Siamese
"brotherhood of taxation and representation. * *
"7th, because of the peculiar claims on Democracy to car-
•'ry out its principles. An 8th reason is found in the un
utterable littleness in taking from a class, year after year
"the means of supporting our government, of paying our
"governors, judges, legislators, etc., and yet disfranchising
"the payers from voting, and from representation. There
"is not a member of the present legislature who has not in
"his pocket the money of the disfranchised, and politically
"degraded tax payers of color. A 9th reason is suggested
"in the preposterous puerility of making color a qualifica
tion of suffrage.
"To deny the right to a man born on our soil, whose
"fathers fought with ours for American independence, who
"is sane, crimeless, a tax-payer, and a good citizen, and to
"deny it, only because the Creator's sovereignty dictated
"the color of his creature's skin, is a proceeding, in your
"committee's opinion, beneath the dignity of a sovereign
"people, claiming intelligence and animated by a just -self
respect. * * * * * _ . *
"The objector says the colored man is of a race inferior,
"and intellect weaker, than those of the white man. Nei
ther history nor experience sustain the objection. On
"tho contrary they conclusively refute it. Like other na-

j_5  ___________  _—
"tions, Africa had her season of glory. During it, she was
"one of the most powerful nations of the world. Their
"victorious armies had nearly annihilated the Romans.
"Their black Hinnibal will ever be found in the catalogues
"of the Cassars and Bonapartes. * * In mod-
"ern times one of the greatest writers of the day, celebra
ted for his intellect and brilliant talent, amid the most
"brilliant capital in the world, Paris, is Alexander Dumas,
"a colored man. Europe's first men deem his acquaint
ance an honor."
This w^uld seem to be strange language to be uttered
by a majority of the democratic committee on* "State
Affairs." in a democratic Legislature of Michigan. But I
have yet to learn that either of the men were ever excom
municated from the party on tliat account. I refer to the
matter to show that the democratic party were not all, and
always, as ultra and unreasonable against . the negro, as
their present course would seem to indicate, and for no
other purpose whatever.
Mr. Pratt submitted a minority report.
On page 987 of the session laws of 1839, we find that
the democracy were not content to let the slavery question
rest with the Territories, but passed the following resolu
tions, "That the existence of slavery and the slave trade at
"the seat of our National Government, is an evil of serious
"magnitude, which greatly impairs, the prosperity and
"happiness of the district, and casts the reproach of incon
sistency upon the free institutions established among us."
And this is the democracy that has always been the same.
I should do violence to my own feelings, Mr. Chairman,
and injustice to the cause of my country, if I should omit
noticing one remark of the Senator from the 3d (Mr. War
ner). You, sir, will remember that we have had many
democratic generals in ihe field, — you will also remember
that of all the democratic division commanders who have
served from the beginning of the war, one, and only one,
has. been uniformly and always successful, — the man is B.'
F. Butler, the patriot and hero,— who is a terror to rebels
everywhere. I have occasion to know something of the man. I had
the fortune to be with tbe troops that took possession of

 37
New Orleans, too ill to be of any service, 'tis true, btft still
I was with them. General Butler with less than three
thousand men, all told, took possession of that city of over
150,000 inhabitants, the vilest rebels of all rebeldom. They
murdered men for speaking to Federal officers. In one
instance, before we landed from the transports, a friendly
hand, in a crowd upon the shore, waved us a welcome.
The mounted police of the city fired into that crowd, and
several fell. The soldiers were insulted, scoffed at and spit
upon. Aye, sir, spit upon ! Women upon almost every
street made it their business to do that to the passing sol
diers, which a man could not do, and live. We undertook
to bury our dead, for the dead and dying were always with
us. Their graves mark the foot prints of' the army, and
the mournful music of the muffled drum continually re
minds the soldier of another companion gone. In New
Orleans the women gathered around the open grave and
in derision lisped, "Another Yankee gone !" Above the
the city we buried a comrade upon the banks of the river
That very night the rebels dug open the grave, exhumed,
mutilated, and threw the body in the muddy waters of the
Mississippi. Gen. Butler found many in New Orleans that deserved
hanging. He hung but one; he subdued that turbulent
city. Pie taught them the power of the government, and
they respected it. The poor women and children, whose
husbands and fathers were inthe rebel army, were starving
he took from the rich and fed these poor. Three thous
and and more crowded the free markets every day. And yet
notwithstanding all this and a thousand things more that
might be told of his patriotism and kindness, we here in
the Senate of the State of Michigan, are told by the Sen
ator from the 3rd that Mr. Butler "is wicked and cruel."
The charge grates with peculiar harshness upon my ears
because I know it is not well founded. Let others profit
by the example Gen. Butler has given them, and the war
will soon be closed, the Government will be vindicated, and
the genial rays of the rising sun of peace will again irraidi-
ate, illuminate, and bless our land.

38  ________
T^HE TRUE POLICY OF THE GOVERNMENT
In Providing for the Reorganization of State Gov
ernments in the late Rebellious States.

DELIVERED BY
.^HON.S. W..F0WIM, AT
COLUMBIA, JULY i, 1865.

Published by Rev. L. M. Jones, President of the Day, in
pursuance of a Resolution adopted by the Audi
ence at the time.

OBATION.

Mr. President — Ladies and Gentlemen :
Allow me to congratulate you on the selection of such an
appropriate place, in which to meet to consider the best in
terests of the republic, to renew our^devotion to freedom
repeating the pledges we have often made, for the well be
ing of our country. The inviting coolness of this pleasant
grove, with these sweet flowers and this beautiful foliage

forms a scene which is only equaled by the attractions of ,
that splendid lake whose clear waters ripple with music of
gladness at our feet. And we can but feel an increasing
interest in this meeting, when we reflect that ' upon
every full-top, and in every valley throughout the
broad expanse of our national domain, our countrymen
are joining with us in doing honor to the occasion. Every
¦American can proudly claim his citizenship,and thank his
Creator that he lives to see this day. The question, of the
ability of this people to govern themselves has been decided.,
and now we have the exalted privilege of participating in
the celebration of this, the first anniversary which conies
freighted with the blessings of freedom, and bearing ,upon it '
the holy influences of an honorable peace.
When the Children of Israel . were about to leave the
land of Egypt, God commanded them,' "And. ye shall ob
serve this thing for an ordinance, to thee and thy sons,
forever." For 430 years they had been in abject bondage,
and the day of their deliverance was the beginning of
their nationality. And if obedience was ever rendered by
fallen man to the great Ruler of the universe, it has been
in obeying the commandment given' to the Israelites, to
keep in commemoration the day of the passover. While
they have been scattered among all nations of the earth,
without home or abiding place, — with no common centre
or governing power — without concert pf action, or eveii ,a
common language — oppressed, persecuted, scoffed at, and
driven to the four winds of heaven, amid every diversity
of fortune and all. changes of condition, fpr nearly three
thousand years, they have ever and everywhere been found
true in the commemoration of the day of their deliverance.
In these later days, God's dealings with this nation have
been no less marked, liberal, and yet severely just,; 'than
they were with His chosen people of old. , He first ied pur
fathers from the house of oppression in the old world into
the wilderness ofthe new. ' Their oppressors followed them
across the ocean and attempted to replace upon 'their necks.
the yoke of bondage; the attempt failed, and King G»orge ,
the IIEfaredbut little better than Pharaoh of old. Our land
was delivered — the nation was established, and the people
fed upon the sweet manna of freedom. And yet, with us,

40  ^  _______
too. there was a longing after the flesh pots of Egypt. The
clanking of the slave chains was renewed and continued,
and the barbarities of human bondage took us far from
the teachings of the God of our deliverance ; until at last
we have been led down through the valley of death. In hu
miliation and suffering we have come up, through rivers
of blood and the wails of despair, the groans and tears of
a nation in agony, to our present exalted position of honor
and supremacy. We went into the late struggle weighed
down with the woes of outraged humanity. The shock of
battle has shaken off the incubus; and to-day the nation
stands forth in the glory and dignity of its new life.
Doubly dear is the significance whieh now attaches to this
blessed anniversary.
In the light that breaks through the fading smoke of
the battle-field, we may see indications that the day will be
ca nonized in the hearts of free men, everywhere,through
all ages to come ; and that it requires no divine injunction
to insure the continuation of its observance more than
three thousand years hence, wherever the love of freedom
lights the human soul.
We stand to-day upon the threshold of a new era — in
the dawn of a new national life. The fair land of prom
ise opens in its richness and beauty before us, and in free
dom we are invited to possess the goodly heritage. But as
we stand still in wonder, joy and amazement, endeavoring
to comprehend the full extent of the great deliverance we
have received, memory brings before the mind the picture
of other scenes and we cannot forget even upon this oc
casion, of universal rejoicing, that the honored instrument
for the consummation of this great good is no more. That
treason has accomplished its crowning act of villany, and
perfected the history of its infamy, which stands alone, un
rivaled and without parallel in the assassination of the
chief magistrate of the republic, the great deep of the
fountains of gratitude and affection seems broken, — sorrow
and sadness creep over the soul, as we realize that the
Moses of this age, like his great prototype of old, was only
permitted to bring his people up to the border of promised
peace, and not to enter therein — when he had fully consum
mated, this great deliverance, his work was done, and he

 41_
passed on to a more perfect rest. The name of Abraham
Lincoln ; who saved his country and sealed its salvation
with his life's blood, will receive the homage of a grateful
people so long as republican institutions exist. Ana so
long- as it can be truly said that "righteousness exalteth a
nation and sin is a reproach to any people," there should
be no steps taken backward from the advanced position
in which the great emancipator left the nation, at the time
of his assassination. Permit me, now to ask your attention
for a few moments, to what I conceive, should be the pol
icy of the government in preparing for the reorganization
of state governments in the late rebellious districts. And
if I succeed to any extent in awakening a better apprecia
tion of- what is due to the loyal men of the south, or in
arousing that love for equal and exact justice, which warm
ed this nation into existence, I shall be content. Under
our constitution all citizens stand upon common ground,
and "the citizens of each state are entitled to the privileges
and immunities of citizens in the several States." And
every free man born within the limits of the United States
is a citizen, under our laws, and entitled to the privileges
and immunities mentioned in the constitution. Therefore
the moment a bondman becomes free, that moment he be
comes a citizen, and the question arises whether his rights
as a citizen shall be respected while the general govern
ment has the control, or whether the General Government
will deprive him of the elective franchise, and thus lay the
foundation of the Municipal Governments of the South
in wrong and oppression. The very genius of our Govern
ment requires a liberal extension of the right of suffrage
to all its citizens. And is it not just as reasonable to at
tempt to measure political rights by the size of the head
or the color of the hair, as it is to make the color of the
skin a standard of these rights ? All such distinctions are
only worthy to receive contempt for their utter littleness, and
are totally unworthy of the civilization of the age. A
vast empire in the South, "is plastic now and warm" in
the hands of our rulers to be moulded into the most beau
tiful, Tree and wealthy part of this republic, or to be left
struggling amid the volcanic fires of human oppression,
until again, it shall be necessary to pour out the best blood

42  _________________________________
of the land to smother the flames of civil strife.
I trust that every one can agree with me, that the theme
I have chosen is of national, rather than sectional import
ance ; and that it is a proper subject for consideration, at
this time, surrounded as we are by the emblems of free
dom, beneath the flag of the free, upon this, the anniver
sary of the day that gave birth to that immortal declara
tion that shall stand as long as time endures.
In considering our present position, it will be generally
conceded, that the state organizations of the states contain
ed in the late so-called confederacy, were entirely supplant
ed, and that the states, so far as the act of the inhabitants
could accomplish it, were taken out of the Union — that the
great mass of the inhabitants . of those states have been
guilty of treason, and therein have forfeited their rights
under the government, and everything except the right
to a proper punishment for such crimes. That the Gov
ernment has the "eminent domain" and has the preroga
tive of governing its territory, in its disorganized state, and
of prescribing terms on which loyal men may reform
state organizations, under the constitutions of the United
States, seems equally conclusive. And it necessarily fol
lows that if the government has the right to prescribe con
ditions at all, its duty is to make such conditions as will
most surely secure the ascendency of loyalty in the south
and at the same time, best subserve the interests of the
general government, At this time tliere is but one great
class of people in the south, who are, and uniformly have
been, patriotic. This class have at all times been ready to
live, to labor, to fight, to suffer, and to die for the Union.
They have proved themselves our friends, and as such are
perfectly reliable. They have furnished over a hundred
tho-jsand soldiers for the service, and saved that number
of our neighbors and friends from the scourge of the bat
tle field. As soldiers, they have aided much in saving the
country during the rebellion; as citizens, can they not do
even more towards preserving it from the paralyzing in
fluence of treason in times of peace? If they were worthy
to carry the cartridge box are they not equally worEhy to
come to the ballot box? They have crushed out rebels with
the bullet, and now if you disarm them and give them no

 43
voice in the government is there not danger that the rebels
will crush them with the ballot. — The emancipation proc
lamation and the amendment to the constitution, may pre
vent the reconstruction of stave markets, but if the states
are reorganized upon the basis -of denying to four or five
millions of colored men, all voice in the laws that are- to
govern them, how long will it be before these states, gov
erned by men whose hatred to the negro has been intensi
fied by the gallant patriotism of those negroes, displayed
upon many battle fields, will find occasion to enact laws
making it criminal to teach the blacks, prescribing the
amount of wages they shall receive, and the work they
shall perform; in short to reduce them to a state of vassal
age more degrading than slavery itself ;-and that this may
be done in spite of the judiciary, or even of the constitution
of the United States, is abundantly shown in the enslave
ment of free citizens of the North by South Carolina, and
in the failure of the representative of Massachusetts, the
venerable Mr. Orr, to obtain an adjudication before any
competent tribunal upon this wholesale system of human
piracy. At this time the rebels are helpless and at the mercy of
the Government. Let them go through the formality of
swearing allegiance, arm them with the ballot and the
next day, or tfie next year, the government may be help
less at the feet of traitors. If we fail to do justice now
that we have it in our power, can we reasonably expect it
for ourselves, or for any portion of our fellow citizens to
morrow. The traitors of the south never bent to national
authority until they were beat down and forced to submis
sion. Their armies have been destroyed, but the spirit of
treason remains.
And if the government places the elective franchise in
the hands of outlawed traitors, who for four years have
been grappling at its throat ; it will but transfer the scene
of strife from the field, where blood and death awaited
them, to the election precinct, where they can plot against
the government in comparative security, until their poison
shall infest the whole body politic, and the nation becomes
diseased, and perhaps destroyed.
It occurs to me, that it is about as treasonable to furnish

__4  ' 
traitors with ballots, at it is to give them bullets, and _far
more dangerous, We should look to it that the frozen vi
per is not warmed to life, in our country's bosom. True
repentance of traitors would lead them, not to ask for the
disfranchisement of others, "Dr for the elective franchise for
themselves, but rather to go out Judas-like and hang
themselves. "Can the leopard change his spots, or the
Ethiopian his skin?"
It is certainly not asking too much, to ask, that rebels
whose hands are dripping with the blood of onr sons and
brothers, should summer and winter beneath the folds of
freedom's banner before they are invited to become lords
and masters over loyal men, be they black or white. Not
that we love black men more, but we love treason less. The
safety of the government lies in keeping the elective fran
chise in the hands of patriotic men.
.. This seems to be a matter of necessity, not of choice ; we
• must di. right, or failing to do that, we leave our country
South in the hands of those who would destroy it. The
path of duty is the path of safety. And it seems peculiar
ly appropriate at this time, that we should recognize the
fact that "God made of one blood all the nations of _the
. earth, to dwell upon the face thereof."
f-'-y We should repeat anew the immortal declaration made
89 years ago. Let us as a nation, with God's blue heavens
above, his free air around, amid the booming of the can
on -and the gladsome, joyous shouts of patriotic millions,
adopt as ours, without evasion or mental reservation, the
great and glorious truths that must underlie all permanent
free governments: "That all men are created equal ; that
they are endowed by their creator with certain unalienable
rights ; that among these are, life, liberty and the pursuit
of happiness." These words should not pass like a thrice
told tale from weary ears, but rather should they be writ
ten as it weie, in letters of gold upon the tablet of everv
heart. Let the young learn to lisp them, the middle-aged
to love them, and the old cling to them through" declining
years, in short, let them be the mainspring to national ac
tion, and the last of republican governments shall not be
found until time shall be no more. Let croakeus proclaim
the doctrine impossible, and tell us that it is dangerous to

___  45
concede common rights regardless of color-does not the his
tory of the world demonstrate, that it is more dangerous
not to concede such rights ?
If punishment is sure to follow the violation of the rules
governing mere physical power, how much more certain
and terrible the punishment when nations disregard the
rights of men, brutalize humanity, and trample God's
created image in the dust. Better would it be for a man
to disi egard the laws of gravitation and step off the brink
of Niagara, than for this nation to rise fresh
from its baptism of fire and blood, and again place the
iron heel of despotic power upon bleeding, crushed hu
manity. The colored men of the South number at least
nine-tenths of all who are truly and beyond question loy
al. To deprive these nine-tenths of all political rights
would certainly leave the power in the hand of disloyal
men. To give to all loyal men, without regard to col
or or education, the rights of the elective franchise, : -might
place too much power in the hands of ignorance and preju
dice. But to give to all loyal men, without regard to col
or, who could read and write, the power to vote, would not
only give representation to every class,(except traitors)but
it would assure the ascendency of loyalty — lay the founda
tion of permanent contentment and security, and go far to
wards securing the education of the masses. Can we do
anything less than this? Is it possible to govern for any
considerable length of time, four or five millions of free
men without giving them some voice in the government?
Would it be right if it were possible ?
The Government has the power at this time to say who
shall be represented and who not. It is for the Govren-
ment to say, when it parts with the governing power,
whether it "shall pass into the hands of traitors or into
the haads of loyal men of the South; and the people are
responsible, before heaven, for the influence they exert
over their rulers in this matter. This is no party ques
tion; it is not a question that can be postponed to the next
day, or the next year. To-morrow it may be too late. Once
decided, finally decided, every hour is big with results
which must affect the destinies of the nation. 'Tis in vain
to appeal to prejud-ice against color — it is not a question of

_46  
admitting negroes to vote in the loyal States; with that the
General Government has nothing to do ; but it is a ques
tion as to who shall receive the preference, the loyal blacks
or ihe disloyal whites of the South.
Would it not be wiser to give the guardianship of your
house to a vigilant black dog, rather than to place it in
the charge of a desperate enemy, who had twice applied
the torch, and once almost consumed it. These are ques
tions which appeal to the practical judgment and not to
the passions of men. Leaving out all questions of right or
wrong, how should this thing be decided as a matter of
policy. Can we do anything less, for the well being of our
country than to extend the right of representation in a cer
tain degree to the loyal blacks of tbe South. Or can we do
less than to refuse to place the elective franchise, as we would
refuse to give munitions of war, into the hands of disloyal
whites. We cannot avoid this question by leaving it for
the States which have been in rebellion to decide after they
have reorganized : unless indeed we leave the question of
the life or death of the lamb, to the wolf whose teeth are
always ready sharpened to devour it. The question has
been brought up legitimately by the logic of event, it is
upon us, and must be decided; and upon its decision hangs
to a fearful extent the future weal, or woe, of our country.
Justice, intelligence and equality lay at the foundation of
all permanent governments. And it is dangerous to lose
sight of the fact not only that God created aif men equal
in point of national rights, but that governments among
men are instituted for the express purpose of securing
these rights, and that they derive their just power from the
consent of the governed.
Without the consent of the governed there can be no
just government, the powers exercised in such a case, are
arbitrary and necessarily lead to despotism. In no way
can our nationality be more effectually preserved than by
a liberal extension of suffrage to the tax payer.
When our forefathers adopted the National Constitution
every state in the Union permitted men to vote, without
regard to color, except only one, and that was that hotbed
of treason and traitors, South Carolina. And it has been
in proportion as slavery, aristocracy, and treason, have

 ___
made inroads upon our ideas and institutions, that distinc
tions have been sought out, to shut the ballot box from a
portion of the hardy tax payers of the land. The found
ers of toe republic have spent the blood and treasure of
the nation in its infancy, to establish the doctrine that tax
ation and representation are inseparable with free men,
and so long as those lessons of patriotism were kept fresh
in the hearts of the people, so long was the representation
held sacred to the tax payers without regard to color.
The trampling upon the rights of men has produced its
legitimate results upon this continent : we have been made
totaste deep of the cup of anguish and death, which we
had long pressed to the lips of the enslaved. Is it not
enough '> Shall we not now in the freshness of our re
pentance return to first principles, and pledge ourselves
over the three hundred thousand new made graves this
peace has cost, that from this time forward the govern
ment shall be administered in the fear of God, with, and
not without the consent of the governed, that all political
and natural limits shall be sacredly regarded, and fully
protected .
At the beginning of this new life, let us commence right
and in regarding the rights of others, we may reasonably
hope to enjoy in security the rights we claim for ourselves.
In the intelligence and enlarged patriotism of the people
must rest the future well being of free institutions. Thus
far our nation has outrode the storm ; — the war has been
bloody and costly and after the waste of six hundred thou
sand lives, and as many millions of dollars on both sides, the
sweetness of returning peace, invites the nation to repose.
The government has established its right to existence by
the strong arm of power. Slavery had denied the right
and tendered the wager of battle. It staked its very exis
tence upon the result, it has lost, and now let it pay the
extreme penalty of the law and die. In her madness
slavery haa undertaken to control the world, had proclaim
ed cotton king, and at her mandates the monarchs of the
old world and the merchants of the new worshipped at
the feet of the monster.
Never was there a more forcible illustration of the fact
that

48 "Truth, crushed to the earth will rise again,
The eternal years of God are hers f
"While error, wounded, writhes in pain,
And dies amidst her worshipers."
The prophets of treason, who predicted that 8,000,000 of
people united in arms could never be conquered, have been
confounded. The kings and aristocrats of the old world,
who have held high carnival over the expected destruction
of our nationality, and who have shouted notes of rejoic
ing at the supposed setting of the sun of liberty upon the
western continent, have been covered with humiliation.
That sun had not gone down. Its light was only ob
scured for a season by the smoke of battle, to break forth
again with a brilliancy and beauty never before equalled
in the history of the world.
Four years of war did not leave us in a situation where
it becomes neeessary for us to exhaust the resources of states
manship in order to bring about a "cessation of hostilities.'
The "cessation of hostilities" was accomplished when Jef
ferson Davis disguised his sex ; and upbraided the govern
ment for pursuing women.
The muzzle of the revolver, and the edge of the sword
produced the desired result without one single draft upon
statesmanship. Soldiers, not statesmen produced the peace
and to them let the fullness of a nation's gratitude be giv
en. And let the names of those who have perished from
our armies, nobly and God-like, those who have died that
freedom might live, be handed down in glory and honor
from generation to generation, — let their deeds live in song
and story, as illustrious examples of courage and patriots
ism, and may their cherished memories live, blessing.1 and
to bless. And while the eyes are yet wet with tears" for
those who were, and are not, under the holy influeuce of
recent bereavements, let us solemnly renew our covenants
of patriotism, that the principles that they gave their lives
to perpetuate, may be established in justice and purity.
The bravery and heroic endurance of our armies have
given us a place among the first nations of the earth. Now
the sweet incense of peace is permitted to go up from the
heart altars of disenthralled millions. To-day the elastic
step of victorious thousands is heard by longing ones at

m

lonely cottage doors all over the land. Where but yes
terday was parting in doubt, and grief, and almost in de
spair, to-day there is meeting in pride, amid tears of joy
and thanksgiving. The mother points to the empty sleeve
to indicate her share in the price paid for the precious
boon of liberty. And if here and there ^tand vacant
chairs that can never be filled ; if heavy hearts linger with
listening ears for footsteps they can never hear; if the
widow's weeds hang like a dark pall all over the' land—
thank God the bereft ones can look proudly up and receife
the obligations and honors of a grateful people. They
too, have their share of the blessings secured by the blood
of the lost ones. Let us hope that the lessons of the hour
may not be lost ; that the justice of an. offended God is sat
isfied, thathenceforth each anniversary of this glorious day
may. find the nation attaining a higher degree of civiliza.
tion, freedom and universal prosperity. . "

r~^&£5dP^-

50 y  ______ 
THE SOLDIERS' YOTING BILL.

MINORITY REPORT

OF TUB

Select Committee on Soldiers' Suffrage,
BY
HON. S. W. FOWLER,
of the Senate Committee on Military Affairs,

Made to the Michigan Senate at the Special Session
in 1864.

The undersigned, minority of the select committee on
Soldier's suffrage, to whom was referred a bill to enable
the qualified electors of this State in the military serviee
fo vote at certain elections^etc, would respectfully report
that he has had the same under consideration, and is of
the opinion that while the provisions of this bill are such
as to accomplish the desired object, in a more direct and
less complicated manner, it is equally free from constitu-

 51
tional objections»with the bill reported as a substitute by
the majority of this committee. Disclaiming any particu
lar anxiety for the passage of a particular bill, the under
signed is only desirous for the adoption of such measures
as will best secure the desired result; and with this oDJect
in view, a brief examination of the principles involved in
this bill may not be out of place.
At the last session of the Legislature this bill was intro
duced by the undersigned, and was referred to the com
mittee on privileges and elections. That committee in a
very able report, considered the arguments for and against
the measure ; but reported the bill back to the Senate
without recommendation. The bill was then placed upon
the general order, and referred' to the committee of the
whole, but after some discussion, it was reported back and
referred to the judiciary committee, who were afterwards
discharged from its further consideration, and the bill was
referred to the Attorney General, for his opinion of its con
stitutionality. The Attorney General submitted a very excellent opin
ion, sustaining, in full, the constitutionality ofthe measure
The same bill was afterwards introduced into the House
and referred to the committee on elections. This com
mittee, in an elaborate and carefully written report, con
cluded that the measure was unconstitutional and imprac
ticable, and recommended that the "bill do not pass." The
bill was tabled. But on the report of the minority of that
committee recommending that it do pass, the bill was taken
from the table, and passed by a vote of 50 to 33.
The bill failed to reach final action in the Senate.
It is but reasonable to suppose that the two reports re
ferred to, the one made without recommendation and the
other recommending that it do not pass, contain the ma
terial objections to the measure entertained by mem
bers of the Legislature. These objections may be stated
thus :
1st. That under our constitution "every elector must re
side in the township or ward in which he offers to vote ;
and vice versa, every elector must offer his vote in the town
ship or ward in which he resides and not elsewhere.
2d. That "we eau pass no election or other laws that

52will be of any binding authority outside oof the State, or
over the soldiers, officers or armies of the United States."
3d. It is inexpedient to allow soldiers to vote.
In discussing the first part of the subject, embracing the
constitutional question, many of the opposers of the meas
ure have fallen into the error of considering the constitution
of a State a granting instead qf a limiting power.
And all of the most earnest arguments from that side
have been founded upon these erroneous premises. The
majority of the committee on elections in the House, in
their report, state "that section 5 of the same article (art-
ticle 7) of the constitution, which declares that 'no elector
shall be deemed to have gained or lost a residence by rea
son of his being employed in the service of the United
States, or of this State, nor while a student in any semin
ary of learning, etc., was neither intended to, nor does j it,
in the opinion of your committee, give to such person, so
engaged in the service of the United States, or attending a
seminary of learning, the right to vote in any other place
than that in which he is a resident." Again in the same
report, the committee say : "to have intended the provisions
of said section five, as authorizing the several classes of
persons therein named, to vote wherever they might hap
pen to be on election day, would be putting it in the pow
er, frequently, of persons having no interest in the local
affairs, or officers of the town or ward, where they were
temporarily stopping, of controlling the elections of such
town or ward, and overruling the wishes of permanent
residents." In these extracts the committee appear to assume * that
the Legislature has only such power as is granted in the
constitution, and that if a person could deposit a vote for
the officers of the county of his residence, while out of
the county, he could vote at and aid in controlling the elec
tions of other towns or wards where he happened to be, 'away
from the place of his residence.
In the report alreadysref erred to,7by the committee of
the Senate on privileges and elections, we find this lan
guage : "It is very difficult to believe that^the framers^'of
our constitution, or the people in their ratification of the
same, intended to make provision for, or authorize .the pas-

 .53-
____—_— ' ' u ¦
sage of any such law as is contained in this bill. Had
they intended to grant such authority, or license, it is be
lieved that they would have expressed such intention more
explicitly, and in language well defined." If it really re
quired, in express terms, constitutional license, to enable
the Legislature of a State to pass a law, then, indeed, the
friends of this measure might despair of being able to ex-
tend_ to the defenders of this nation the freeman's right of
a voice in the affairs of its government. But it is believed
to be well established by all of the elementary writers up
on constitutional law, that all power vests in the people,
and that the constitution of a State is a limiting power,
and not a grant of a power. And that the Legislature of
a State, as a municipial organization, has a right to pass
any law the public interest may require which is not pro
hibited by the constitution.
In the case of "The State of Iowa, ex rel. Wilson is.Burt;"
same ex rel. O'Neal vs. Watson, the Supreme Court of Iowa
affirm that the doctrine that "the constitution, as applied
to the legislative department, is a limitation and not a
grant of power; or in other words, if the Legislature is not
restricted, it has fall power to provide who shall have the right of
suffrage and prescribe the right of place, time and manner qf its
exercise. For the Legislature clearly has the power to leg
islate on all rightful subjects of legislation, unless expressly
prohibited from so doing, or where the prohibition is im
plied from some express provisiou. This theory must
never be lost sight of by the courts, in examining the
powers of the Legislature. It is elementary, cardinal, and
possessos frequently, controlling weight in dertermining
the constitutional validity of their enactments."
In the light of these principles, let us examine our Con
stitution and see if we are prohibitted from extending to
soldiers the right to vote while in service.
It is believed to be admitted by all parties, that a soldier
does not lose a residence by reason of being absent in the
army. He has the same rights, so far as all questions of
residence is concerned, he would have if he never entered
the army or left home.
Then,if there is any prohibition applicable to this measure,
it must be contained in section 1, of article 7, of the consti-

54 
tution, which declares "that no citizen or inhabitant shall
be an elector, or entitled to vote at any election, unless he
has resided in this State three months, and in the township
or ward in which he offers to vote ten days next preceding
such election." Under this clause, there is no question
but what the soldier is a citizen, a resident and entitled to
vote in the town where he resides. In all of these partic
ulars he is placed upon the same footing as if he had not
gone to the war.
Then, the question comes down to simply this : Is the
Legislature prohibited by this article of the constitution
from providing that the ballot dox of a- township may be
taken outside of its limits to receive the vote of its electorsj
when those electors are compelled to be absent from their
residence? It is not a question, as the Committee ofthe
House, in the report above referred to, • seem to intimate,
whether the soldier, or the class of persons referred to in
the 5th section of article 7 "may vote where they happen
to be on election day, for the officers of that particular lo
cality, and thus overrule the wishes of the permanent res
idents. It is not a question whether the elector may vote where
he has no right to vote, and for officers in whom he has no
interest, but it is a question whether electors taken from
their homes and from the ballot box of their particular
localities, to save the nation, may have the ballot box taken
to them, that they may vote as they would if they were
yet enjoying the peace and plenty of their residence — may
vote where they have a right to vote, and for officers in whom
they have an interest.
Suppose section 1, of article 7, was changed and read
thus : "No citizen or inhabitant shall be an elector or en
titled to vote at any election unless he has resided in this State
three months, and in the township or ward in which he
claims the right to vote, (instead of "offers to vote,) ten days
next preceding such election," would any person imagine
that it fixed the place of opening the ballot box ? Certainly
not; and yet the intent and meaning is not changed. -'Of
fering to vote" is but one way of claiming the right to vote
and it occurs to the undersigned that the whole section
does, and was intended to do nothing more than prescribe

 ,55
the qualifications of an elector ; and refers to a question of
the residence of a voter, and not to the manner or place of
depositing his ballot.
In 1821 the constitution of New York provided thaf'ev-
"ery male citizen of the age of twenty-one years who shall
have been an inhabitant of this State one year preceding
an election, and for the last six months a resident of the
town or county inhere he may offer Ms vote" etc. Under that
provision, it is said that the Legislature of New York pro
vided that an elector might vote for State officers anywhere
in tlie State.
And it did not seem to occur to any of the constitutional
lawyers of that time, that the provision (which was the
same in subsaance as the provision referred to in our con
stitution) prohibited such legislation. We cannot learn
that the constitutionality of the law referred was question
ed. But as its practical workings were not satisfactory, the
Legislature of New York, in 1825-6, adopted an amend
ment to this provision' which was ofterwards ratified by
the people, adding after the word "vote" the words: "shall
be entitled to vote in the town or ivard where he actually resides,
and not elsewhere, for all officers that now are or may be
elected by the people."
If the language "town or county where he offer his vote"
is susceptible of the construction npw sought to be put up
on it, and does actually limit the place of depositing the
ballot, is it not a little singular that the people of the State
of New York should have failed to discover the fact, and
found it necessary to change their constitution, and add
the words "in the town or ward where he actually resides
and not elsewhere?"
If our constitution had been designed to limit the action
of the Legislature in fixing a place for the reception of
votes,is it not reasonable to suppose that it would have con
tained a provision similar to the amendment of the New
York constitution, adopted as above? See stat. N. Y., vol.
1, 2d Ed., pages 30 and 50.
The constitution of Connecticut provides that the place
of holding elections shall be in an electors meeting, composed
of electors in the reepective -. towns qualified to vote in the

56
town, duly warned, convened, organized and held for the
purpose." Constitution of 1818, and amendments of No
vember, 1836, and October, 1845. Under this constitution
the Supreme Court of Connecticut held that "it was in
tended that the vote should be brought by the elector in
person, in an organized electors meeting, in the presence
of the electors, and there received by tho presiding officer."
Opinion by Butler, J. 2d Ameriban Law Reg. (N. S.) 460.
It will be seen that the constitution of Connecticut, in
this particular, is totally unlike ours. The constitution of
New Hampshire provides, in express terms, the place of
votings that it shall be "in an electors meeting, duly warn
ed and holden, where the votes of the inhabitants are to
be received in the presence of the selectmen, in open meet
ing," and of course the decision of the New Hampshire
courts was the same as in the case determined in Connect
icut. Sec. 2d Am. Law Reg. 2, (N. S.) 140.
The constitution of Wisconsin, sec. 5, art. 13, is as fol
lows: All persons resiling upon the Indian lands, with
in any county of the State, qualified to exercise the right
of suffrage under this constitution, shall be entitled to vote
at the polls, which may be held nearest their residence, for
State, United States and for county officers : Provided, That
no person shall vote for county officers out of the county ia ivhich
he resides."
In tbe case of the "Staf-fi ex. rel. Chandler vs. Maine,"
(opinion of the Supreme Court of Wisconsin, March, 1863.)
it was held that the "proviso did not mean tn prohibit the
voter from being allowed to cast his vote outside of the
county in which he resided, but to prohibit him from vot
ing for officers of a county in which he did not reside." 1
The constitution of Louisiana provides that "no person
shall be allowed to vote at any election held in this State,
except in the parish of his residence," etc. Constitution,
1852, tit. 2, art. 13.
f "The coustitution of Kentucky declares that the "'"elector
shall have certain qualifications, and "shall vote in" said
precinct (that of his residence,1) and not elsewhere." Const.
1850, art. 2. sec. 8.
The constitution of Illinois contains a similar provision.
Art. 6. sec. 1. "On the other hand," says the Supreme

Court of Iowa, in the case above referred to, "the constitu
tion of Michigan, (1850, art. 7, sec. 1,) Ohio, (1851, art. 5,
sec. 11.) and California, (1859, art. 2, sec. 1,\ contain no such
express provisions or restrictions."
The constitution of Pennsylvania provides that the Leg
islature shall divide the State into election districts, and that
no person should be entitled to vote* in any district who
had not resided during the ten days next preceding the
time when he should offer to vote, in, the district where
the vote should be offered.
The Supreme Court of that State, held that under such
a provision "election districts must be territorial sub-divisions
of the State, and could not be formed or extended out of
it;" that an offer to vote must be personally made in the
election district where the voter had a right to make the
offer; and that, therefore, the Legisfature could not author
ize a vote to be offered or received in any place out of the
State. In many cases under our constitution as it now is the Leg
islature of the State has provided for holding the election
of a township outside of its limits, (see Sess. Laws of 1859.p.
875 and 927,) and other enactments, and elections have been
so held, witout question. ,
And this rigid construction is only sought to oe put up
on our constitution when it is proposed to do an act of
simple justice to our brothers in the army.
The decision in the case of Iowa ex. rel. Wilson vs. Burt,
already referred to, was made in relation to a law similar
in all parts to this bill, and under a constitution almost
precisely like our own. In that case the learned judge
said. "But it is also urged that the law has an extm terri
torial operation; that the law of a State can only have op
eration within its limits; and that as this law provides for
the organization of election boards, the holding of an elec
tion, the administering of oaths beyond the State, * *
and for the punishment of illegal voting, and false swear
ing in such elections, it is necessarily invalid.
We are not aware that any- of the cases cited and relied
upon by counsel, intimate that such a law would be invalid
for the reason stated. On the contrary, one of them at
least (the Conn, case,) as we have already seen, expressly

58 
holds that if the time, place and manner are committed to
the Legislature, tlie reception of votes out of the state may be
constitutionally authorised.
Not only so, but the law is intended to act upon, and
give a rule for the goverftment of the citizens, residents or
subjects of the State, though they may be out of the State
upon a subject, and in relation to a matter which concerns
and affects them, as such citizens - or subjects, and which
affects also the sovereignty of the State, and in no manuer
concerns any other jurisdiction.
That persons violating the law cannot be punished until
they come or are brought * * * within the territorial
jurisdiction of this State, avails nothing, for. as is well said
by Bronson, J., in Adams vs, The People, 1st Comstock,178
this is more than happens when a criminal escapes after
having committed a crime within the State. Jurisdiction
of the offense or subject matter is a very different thing."
See Tyler vs. The People, 7th Mich., 162; 8th ib., 320, and
3d Denio, 180.
Looking, therefore, in conclusion, to both the letter and
spirit of the constitution, only anxious to view the question
as one of legal or constitutional right — discarding all
thought of expediency — all considerations touching the
justice of the law, * * we feel constrained to say, in
fidelity to the oaths we have sworn, that this law can be,
and should be upheld."
It seems clearly established that our constitution con
tains no express prohibition to prevent the Legislature from
passing such a law. Can members hesitate to pass it, in
the absence of such prohibition, merely because of vague
and doubtful theories that might be invented in opposi
tion to any law upon our statute books ?
Should the Legislature be less liberal in construing the
constitutionality of its enactments, than the law is when
those enactments are being investigated by judicial tribu
nals ?
If there is doubt, in the name of justice and right, let that
doubt be given to secure our gallant fellow-citizens in the
service of our common country, the boon which they, of all
others can best appreciate and do most richly observe—
the rights of the elective franchise.

09
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The rule in such case is, that an act cannot be declared
void unless it violates the constitution clearly, plainly and in
such a manner as to leave no reasonable doubt qf its unconstitu
tionality. 21st Penn., 162, Adams vs. Howe, 14th Mass,.
345. In the latter case it is held "that the courts when
tailed upon to decide the constitutional validity of a law,
will presume in its favor until the contrary clearly appears,
* so that in any case substantially doubtful,the law would
have its force * and the court will never declare a stat
ute void unless the nullity and invalidity of the Act be
placed in their judgment beyond a reasonable doubt." In
Kentucky it is held "that if it be doubtful or questionable
whether the Legislature had exceeded its hmits, the judici
ary cannot interfere, though it may not be satisfled that the
act is constitutional." Mon., 178.
This doctrine is fully recognized in the decision of the
Iowa case above referred to; and the following, among other
additional cases, are cited: City of Lexington vs. McQuillin,
9th Dana. 514; Griffith et al. vs. 0. and 1. R. R. Co., 20th
Ohio, (Appendix 1 ;) Cooper vs. Zelfair, 4th Dallas, 14, 8th
Mich., 333. The last question to be considered is the ex
pediency of allowing soldiers to vote.
If this had not been made a principal ground of opposi
tion, the undersigned would not feel justified in taking space
to investigate it. The committee on elections, of the House
in the report already alluded to say: "Your committee are
further unanimously of the opinion that the passage of
this bill, if it could be consistently done, would be unwise."
And the reason given, among others are —
1st. That "but a partial vote of the electors of this
State could be obtained. * Unless all could avail them
selves of the privilege of such a law, it would seem more
just that the privilege should not be extended to any." —
This argument is so sweeping in its nature that it would
not only prevent the holding of any election anywhere,
but would almost deprive man of the blessings of a mu
nificent providence.
2d. "There being no power to enforce the election laws,
the ballot-box might be stuffed or destroyed, by a disor
derly rabble," etc. All experience, it is believed, proves
that there is less mob or violence in a well disciplined ar-
mv, than there is out of it; and not out of the army, the

«0

danger of mob violence has never been regarded (in this
country) as a sufficient reason for depriving the pe ople of
the rights of the elective franchise.
3d. It is argued that "if the electors within the district
are, in the great majority of cases, incompetent to judge of
the qualifications of the respective candididates, at the time
of their nomination, how can we expect that the soldiers in
active service —will be competent judges of the
character or fitness of such candidates, or able to
cast an \ intelligent vote? If the soldier is ^desirous
to vote for the candidate only of a particular
party, without any regard to the fitness or ; characte r,
of candidates, he will be unable to do so of his own
knowledge, in most cases, but will have to take the word; of
some other person, who if interested in the result,- might
not scruple to deceive him etc. The soldier h%s no reliable
means pf becoming acquainted either with their .'character
politics "or qualifications for the respective offices for which
they are running. Is it, therefore, depriving the soldier of
any privilege, by refusing to extend to him, under sUch cir
cumstances, the' right of voting? Is the right to vote for a
candidate of whom we know nothing, a privilege ?"
Without the slightest reflection upon any person, it cer
tainly is error to suppose that men absent for a few months
or a year or two, in the government service, taking an ac
tive part in deciding, with their swords, the great practical
questions of the day, are less qualified for the duties of the
elector than they would have been if they had allowed
themselves to have remained deaf to the calls of their coun
try — slumbered on in the quietude of their homes, without
dreaming of the responsibilities of the hour.
Let him who thinks he can succeed, visit the camps of
those war-worn veterans, and undertake to deceive them as
to the ticket they should vote, and if he does not return a
better, he will certainly be a wiser man.
It is a serious, if not a dangerous mistake, to suppose that
the'intelligent/patriotic sons of Michigan, who have sprung
to arms to save the free institutions of this republic, are
more^ignorant or less interested in the questions that in
volve" its common interests, than that other' class, who have
not sufficient interest to move them to the field in i*s de-

 61
fense. The whole interest of the army is merged in the
present struggle. Every camp is filled with letters and
papers from home. Nearly all the reading the soldier gets
is the news of the day. The whole history of home is
faithfully reproduced in camp: and every act of a public
nature is scanned with an eagie eye, and no such act will
escape the judgment of the fifty thousand soldiers of Mich
igan. There is no other equal number of men in or out of
America who read more, or take more interest in the cur
rent events ofthe day, than the soldiers of this republic.
The undersigned, being of the opinion that the welfare
of our common country, and the plainest dictates of justice,
alike require that those who peril theii lives for the gov
ernment should have a voice in its affairs; and believing
that there is no express prohibition in our constitution to
prevent it, and that this bill is well calculated to secure
that result, would most respcetfully report the bill back to
the Senate without amendment, and recommend that it
do pass.
S. W. FOWLER, of Committee.

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