Military Reminiscences of the Civil War (Vol.1&2). Jacob D. Cox
as we were following Floyd to Sewell Mountain in September. He was the body-servant of Major Smith, and had deserted the major, with the intention of getting back to his family at Charleston. In our camp he soon learned that he was free, under the Act of Congress, and he remained with us, the servants about headquarters giving him food. When I returned to Gauley Bridge, Mr. Smith appeared and demanded the return of the man to him, claiming him as his slave. He, however, admitted that he had been servant to Major Smith in the rebel army with his consent. The man refused to go with him, and I refused to use compulsion, informing Mr. Smith that the Act of Congress made him free. The claimant then went to General Rosecrans, and I was surprised by the receipt, shortly after, of a note from headquarters directing the giving up of the man. 8 On my stating the facts the matter was dropped, and I heard no more of it for a month, the man meanwhile disappearing. Soon after my headquarters were moved to Charleston, in December, I received another note from headquarters, again directing the delivery of the fugitive. 9 Again I gave a temperate and clear statement of the facts, adding that I had reason to believe the man had now taken advantage of his liberty to go to Ohio. Mr. Smith's case thus ended, but it left him with a good deal of irritation at what he thought a wrong done to him as well as insubordination on my part.
In March following, another case arose, and I received a paper from headquarters containing an alleged statement of the facts, and referred to me in usual course for report. I had been absent from Charleston when the incidents occurred, but made careful inquiry satisfying myself of the truth, and perhaps cannot give an intelligent explanation better than by quoting the report itself, for its tone shows the sort of annoyance I felt, and it exhibits some of the conditions of an army command involving administrative duties that were far from pleasant.
I said: "The document is in the handwriting of B. F. Smith, Esq., U. S. District Attorney, residing here, though signed only by John Slack, Jr., and William Kelly; the former an acting deputy U. S. marshal, the latter the jailer at the county jail. Its composition is so peculiar that it is difficult to tell what part of the statement is Slack's or Kelly's and what is Colonel Smith's, and therefore I do not know whom to hold responsible for the misstatements contained in it.
"Mr. Slack is a respectable young man, who I believe would do his duty as far as he understands it, but who has not energy enough to keep him from being the tool of others. Mr. Kelly, the jailer, is sufficiently described when I state the fact that he has attempted to add to his profits as turnkey by selling bad whisky to soldiers put in his calaboose, at the rate of five dollars per pint bottle. Mr. Smith, the District Attorney, has lost no opportunity of being annoying to the military officers here, since the controversy about the negro man captured from his son, Major Isaac Smith of the rebel army. This reference to the parties concerned is necessary to enable the commanding general to understand the animus of their complaints.
"The facts are substantially as follows: Henry H. Hopkins is a notorious Secessionist living near Coal River, and a man of considerable property. Some time before his arrest he sent the negro man mentioned in the complaint South, in charge of some Logan County 'bushwhackers.' On his way and in McDowell County the man managed to escape and returned into Hopkins's neighborhood, near Boone C. H., where he took his wife and three children alleged to have been the property of a woman named Smoot, and brought them to this post. Upon his representation that he had escaped from armed rebels in McDowell County, and without further knowledge of the facts, the Post Quartermaster set him at work. About the 19th of February Hopkins came to town with Mrs. Smoot, and without notice to the quartermaster or any color of authority by any civil process, procured the aid of Kelly, the jailer, seized the negro and took him to Wright's hotel. The provost-marshal, knowing that Hopkins was an active Secessionist and that he had been personally engaged in the combat at Boone C. H. last fall, ordered his arrest. Shortly after, he was waited upon by B. F. Smith, Esq., U. S. District Attorney, who stated that he had known Mr. Hopkins for a good many years and was confident he was a good Union man, although in fact the deputy-marshal at the very time held a warrant for the arrest of Hopkins for treason and conspiracy, under an indictment found in the U. S. Court, of which, to say the least of it, it is very strange Mr. Smith should have been ignorant. At the request of the provost-marshal, the warrant was served on Hopkins, who was admitted to bail in the sum of $2000, which is most inadequate security for the appearance of a man of Hopkins's wealth and influence, accused of such a crime. After the arrest of Hopkins, the negro being left to himself returned to his quarters, but sometime during the night stole a skiff and attempted to escape with his family down the Kanawha River. The circumstances of his accident in the river, the drowning of his family and his subsequent capture, I have not been able to investigate fully.
"The only matter of controversy now is in regard to the horse. The bar-keeper at the tavern denies that he has said it was taken by Wagon-master West (a man who has since been discharged by the Post Quartermaster), and I have been unable to trace it, although every effort has been made in perfect good faith to do so. The man West was put under arrest, to see if that would make him admit anything with regard to it, but without effect. I advised Slack to procure some one who knew the horse to pass through the government stables and teams, and if he recognized the animal to let me know at once, and I would give an order to him to obtain it. The statement that 'Slack says he told Cox he could not find him, that a soldier or employee in his command got him, and if proper measures were taken he could be had,' is both impudent and false, and I respectfully submit that it is not, in matter or manner, such a complaint as the Commanding General should call upon me to reply to.
"The statement of these civil officials at once gives me the opportunity and makes it my duty to state to the Commanding General that the only occasions on which these gentlemen show any vitality, is when some Secessionist's runaway negroes are to be caught. For any purpose of ordinary municipal magistracy they seem utterly incompetent. I have urged the organization of the county and of the town, but to no effect. Every street that is mended, every bridge that is repaired, or wharf that is put in order, must be done by the army at the expense of the U. S. government. They will not elect officers to look after the poor, but leave us to feed the starving near our camps. They will establish no police, and by force of public opinion keep suitors out of the courts ordered to be held by Governor Peirpoint. Yet a U. S. Commissioner, without any warrant or even pretended jurisdiction, will stop any vagrant negro, drive him through the streets in person, and say that he does it as a U. S. officer! Of course we simply look on and have had no controversy with them, unless driven to it by direct efforts on their part to interfere with our necessary regulations.
"The simple fact is that a few men of property who are avowed Secessionists control the town and make its public sentiment. By this means they practically control these officers also. Many of the negroes employed at the salt-works, and under hire in other capacities in the vicinity, are the slaves of rebels who are either in the rebel army or fled with it from the valley. The great problem upon which the Secessionists remaining here are exercising their ingenuity is to find the means of using the U. S. Commissioner and Marshal to secure to them the services of these persons without cost or legitimate contract of hiring, for the present profit of these gentlemen here, and the future advantage of their compatriots across the lines.
"Colonel Smith and Mr. Slack say that they made the statement at the express request of Major Darr of the Commanding General's staff. A simple inquiry by the Major would have saved me the necessity of writing this long letter."
It is due to General Rosecrans to say that although he had been anything but an anti-slavery man before the war, he made no pressure upon me to violate my own sense of right in these or similar cases, and they ended with my reports of the facts and of my reasons for the course I pursued. The side lights thrown upon the situation by the letter last quoted will be more instructive than any analysis I could now give, and the spice of flavor which my evident annoyance gave it only helps to revive more perfectly the local color of the time. In the case of Mr. Smith's "negro boy Mike," I had the satisfaction of finding in the intercepted correspondence of his son the major, the express recognition of the man's right to liberty by reason of his use in the enemy's service, and could not deny myself the pleasure of calling attention to it in my letters to headquarters.
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