American Bastile. A history of the illegal arrests and imprisonment of American citizens during the late Civil War

Front matter

LIBERTY BELL, 1771 Proclaim Liberty throughout all the Laud, unto all the Inhabitants thereof. "THE LITTLE BELL," 18fiM)3. '■ My Lord, I can touch a bell on my right bund, and order the arrest of a citizen of Ohio ; I can touch a Lcll again, and order the injpri„oanicut <"? a citizen of New York ; and 110 power on earth, txeejit titt of liic President, c:iu relca-sc lU-.m. Cau 1'ic Qticcu cf Kn.^laud do so much?" Secy tary SeuarU Co Lord Lyons, tee page LA. AMERICAN BASTILE A HISTORY OF THE ILLEGAL ARRESTS AND IMPRISONMENT OF AMERICAN CITIZENS DURING THE LATE CIVIL WAR. BY JOHN A. MAESHALI, " Bitter things I write, Because my soul is bitter for your sake, 0 Freedom ! " GiuSTI. Teveado <£ug. PHILADELPHIA: THOA1AS W. HARTLEA^. 1869. Entered according to Act of Congress, in the year 1869, by JOHN A. MARSHALL, In the Clerk's Office of the District Court of the United States in and for the Eastern District of Pennsylvania.

THIS VOLUME IS gUspectfultt) DetUtattd TO THE AMERICAN PEOPLE BY THE AUTHOR. Iltatratimtjs- 1st. LIBERTY BELL, See Frontispiece. This bell, the first in Philadelphia, was imported from England in 1752, for the State House, but, having met with an accident in the trial-ringing after it was landed, it lost the tones received in the fatherland, and had to be conformed to ours by a recasting. The ringing of this bell first announced to the citizens, who weie anxiously awaiting the result of the deliberations of Congress, (which were at that time held with closed doors,) that the Declaration of Independence had been decided upon ; and then it was that the bell '4 Proclaimed Liberty throughout the land, unto all the inhabitants thereof." It was subsequently cracked, and is now to be seen in Independence Hall, proper. 2d. "THE LITTLE BELL." ......

Frontispiece. To this picture we call a moment's attention. The first scene, or centre, represents the private office of Secretary Seward in the State Department. The hand of an unseen person, with the forefinger on the bell, is that of the Hon. Secretary, whose left hand contains an order for the arrest of a citizen, which is about being received for execution by the hand of an unknown Marshal. In the second, or upper left corner, is seen the arrest of the victim in his bed, by the Marshal, on the authority of this .winged messenger. A guard is stationed in the chamber door to prevent the egress or ingress of the family or friends. In the third, or the upper right corner, the same citizen is seen in the custody of two soldiers, who are taking him toward his place of imprisonment. This practice, Mr. Seward, the American Inquisitor General, adopted from the Spanish Inquisition, which made all arrests by night, that no traces of the missing person might exist.

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. Author. Walk in ! Judge H. Good evening, sir. I am glad to find you, as usual, surrounded by home-comforts — books, manuscripts, and papers appear to be your evening companions. Author. I am happy to welcome you, Judge H. Pray, be seated. Judge H. Thank you, sir. What books were you so attentively examining when I entered ? Author. I was comparing three important documents — the Magna Charta, the Declaration of Independence, and the Constitution of the United States. The Magna Charta secured Personal Liberty, the Declaration proclaimed it, and the Constitution guaranteed it ; and yet, notwithstanding the experience and progress of more than six hundred years, they have been totally disregarded of late in our own country, which boasts so much of personal rights and personal liberty. Judge H. That is true, sir. The Constitution is the chart by which every Administration ought to be guided ; but I regret to say — both for the reputation and stability of our Government — it has, of late, been a "dead letter."

Author. Do you think, Judge, the people are aware to what extent their rights have been lately trampled upon, and their liberties disregarded ? Judge H. I have the utmost confidence in the judgment

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. and patriotism of the people. They are not blind, nor are they listless ; yet, I think, they sometimes act without con sidering. They are carried away by their enthusiasm in the support of measures, the consequences of which they do not see until it is too late to redress the wrong committed. This, however, cannot exactly be said to be the fault of the people. They are deluded by leaders, without merit or claim, who have accidentally been wafted into position — mere ad venturers, who have nothing to lose, and who are as ignorant of the science of government as they are careless of preserving what little reputation they possess — in a word, by men who have "Skulls that cannot teach, and will not learn." The people do not even yet know the crimes that have been com mitted in the name of Liberty.

Author. Liberty, in the better days of our Republic, was the birthright of the American citizen. What guarantee has he that he will be protected in this fireside right in the future, if we may judge the future by the past ? AVhen the Constitution is despoiled of the altar of Liberty, in what temple can Freedom worship ? Judge H. With us Liberty has no protective guarantees. Mr. Seward may again ring his " little bell," and secretly hurry the citizen from the family circle to the loathsome casemate by the strong arm of arbitrary power, and what redress has he ? What becomes of the old English maxim, " Every man's house is his castle ? " Author. Did you ever mark the contrast in the senti ments uttered by William H. Seward, Secretary of State, and William Pitt, Prime Alinister of England?

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. XIII In conversation with Lord Lyons, Mr. Seward said, "My lord, lean touch a bell on my right hand, and order the arrest of a citizen of Ohio ; lean touch a bell again, and order the im prisonment of a citizen of New York ; and no power on earth, except that of the President, can release them. Can the Queen of England do so much t " The Earl of Chatham said " The poorest man in his cottage may bid defiance to ALL THE POWER OF THE CROWN. It MAY BE FRAIL ; ITS ROOF MAY SHAKE ; THE WIND MAY BLOW THROUGH IT ; THE STORM MAY ENTER ; THE RAIN MAY ENTER ; BUT THE KlNG OF ENG LAND CANNOT ENTER : ALL HIS POWER DARES NOT CROSS THE THRESHOLD OF THAT RUINED TENEMENT." Here we have presented the difference between the liberties of the American citizen, and the rights of the English subject. Judge H. Yes, it presents a melancholy picture.

"He that takes Deep in his soft credulity the stamp Designed by loud declaimers on the part Of liberty, themselves the slaves of lust, Incurs derision for his easy faith And lack of knowledge, and with cause enough: For when was public virtue to be found Where private was not? Can he love the whole Who loves no part? He be a nation's friend Who is in truth the friend of 'no man there? Can he be strenuous in his country's cause Who slights the charities, for whose dear sake That country, if at all, must be beloved?" It is to be hoped that the men in power, who have abused the confidence of the people, will soon be displaced. Author. Your language in reference to "abusing the

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. XIV confidence of the people," reminds me very forcibly of that uttered by Cicero, in his celebrated speech against Catiline, in which he says : " How far, then, Catiline, wilt thou abuse our patience ? How long, too, will that frantic wickedness of thine baffle our efforts? To what extent will thy un bridled audacity insolently display itself?" Judge H. Yes, and the same language might have been appropriately used in our own country during the late Ad ministration. Author. I think it would have been quite apropos, for there were then in our midst many Catilines. Then Liberty was the synonyme of Fort. Could but the walls of Fort La Fayette — of Fort Warren — of Fort McHenry speak, what untold wrongs of vindictive persecution would the American people hear from those dark, damp, loathsome casemates!

But a day of retribution will come, must come. Crimes and criminals never go unpunished. The wail of the mother — the grief of the wife — or the cry of the daughter may be suppressed for the time, by the gleaming bayonets of an obedient soldiery ; but retributive justice will follow him who robs the citizen of his liberty, even unto the very precincts of the cold and silent grave ; conscience will smite him on earth, and he will exclaim : "The thorns that I have reaped, are of the tree I planted. They have torn me, and I bleed ! " Judge H. Some day the history of the political imprisonments during the late Administration will be written, and what a sad chapter to be read by posterity ! It makes my heart sick to think that in this land of so-called liberty there has been so much oppression. We can no longer point to the Bastiles of France — the Towers and castles of Eng-

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. XV land, as "barbarous relics of a barbarous age." The Ame rican Bastile is now identified with the institutions of our country. Here the word of the informer was the law — the sound of the "little bell" the signal — and t\e telegraph the messenger. Citizens were arrested by thousands, and incar cerated without warrant. Judges were torn from the bench, bruised and bleeding. Ministers of the Gospel, while per forming the sacred and holy duties of their offices, were stricken down, dragged through the streets, and imprisoned. AVonien were incarcerated, and subjected to insult and out rage. Doctors were ruthlessly taken from the bedside of the dying patient, and immured for months without warrant, and lawyers arrested and consigned to the same cells with their clients, whose release they were endeavoring to effect.

Post-offices were searched ; newspapers seized and suppressed, while the editors were handcuffed and secretly hurried to prison. The writ of Habeas Corpus was a blank, and all our inheritable rights, "poor, poor, dumb mouths." Author. Nor was that all. The citizen was not only de nied the great bulwark of personal liberty — the writ of Habeas Corpus — but even the guns upon the ramparts of strongly garrisoned fortresses, placed there to defend the Citadel of Liberty against a foreign enemy without, were used to prevent the execution of the writ to effect the release of the citizen incarcerated within, and derisively called the " Habeas Corpus." AVhat solemn mockery ! Judge H. Yes, the civil law was powerless, while military law ruled supreme. The citizen was utterly helpless. His liberty and life were in the hands of a reckless military com mission, or an obedient Secretary, who had neither conscience nor mercy.

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. Author. Ay, it makes one sad to think there was such an useless disregard of all personal rights. A Government so young should protect the liberties of the people, for disso lution will sooh follow tyranny in a free government. Judge H. How would you like to write a history of the political imprisonments during the Administration of the late Air. Lincoln ? Author. Aly dear Judge, I should prefer to write a brighter page in the history of my country. Judge H. That is true. But do you not think it is a duty we owe to our country, as good citizens, to give the facts to the people, show them that they have been misin formed and deceived, and thus, if possible, prevent a repetition of like encroachments upon their chartered rights? Author. Do you not think the prejudices of those who ought to listen, are so strong that they would turn a deaf ear to the truth ?

Judge H. No. On the contrary, I believe a large portion of tbe Republican party was opposed to the illegal arrests of citizens, and regret that such a course of arbitrary power was exercised. Author. I should think so too ; for the name of " Bas tile," in free America, involuntarily carries us back to the French Revolution, where crimes untold were committed, as in our own country, in the name of liberty. Judge H. Can you give me a short history of the Bastile in Paris ? I know it was demolished, but I have forgotten the facts in connection with it. Author. I will endeavor to do so ; but you will excuse me, Judge, if you find me a little rusty. The Fortress of the Bastile, I think, was erected in the fourteenth century,

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. XVII (in the reign of Charles V.,) about the time the city was surrounded by walls and ditches, to defend it from the incursions of the English. It was then in the fashionable quarter of the city. About the year 1594, Henri II. received a wound, in tilting at a tournament, from the Comte de Alontgomery, and in consequence of the death of Henri from this wound, Catherine de Medicis deserted this quarter, aud in later years the Fortress of the Bastile was used only as a state prison. Like most edifices of this nature, it became odious in the sight of the people, " and as the receptacle of individuals arrested by virtue of Lettres de Cachet, was the scene of many memorable abuses of authority." It was consequently against this monument of arbitrary power that the people directed the attack in 1789.

They captured it, and liberated the many unhappy and unfortunate victims therein confined. It was afterwards totally demolished by a decree of the National Assembly. On its site stands the Column July, an ornament of the city of Paris, and an index to the progress and civilization of the times. One part of this column is devoted to commemorate the names of those who fell in the taking of the Bastile, and the other to those who were killed on the spot in July, 1830. When I stood at the base of this column in 1859, 1 thought of the presentation of the key of the Bastile by La Fayette to Washington. The key was placed in the hands of La Fayette, who for warded it, through Thomas Paine, an American in London,' as a present to Washington, together with a drawing repre senting the destruction of the prison.

In the letter to Wash ington, accompanying the gift, the Alarquis says: " Give me leave, my dear general, to present you with a picture of the Bastile, just as it looked a few days after I

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. ordered its destruction, with the main key of the fortress of despotism. It is a tribute wdiich I owe as a son to my adopted father, as an aide-de-camp to my general, as a mis sionary of liberty to its patriarch." Air. Thomas Paine forwarded from London the drawing and key, accompanied by a letter, in which he said : " I feel myself happy in being the person through whom the Marquis has conveyed this early trophy of the spoils of despotism, and first ripe fruits of American principles trans planted into Europe, to his great master and patron " That the principles of America opened the Bastile is not to be doubted, and, therefore, the key comes to the right place." Washington wrote to La Fayette : " I received your affectionate letter by one conveyance, and the token gained by liberty over despotism, by another ; for both which testimonials of your friendship and regard, I pray you to accept my sincerest thanks.

In this great subject of triumph for the New AVorld, and for humanity in general, it will never be forgotten how conspicuous a part you bore, and how much lustre you reflected on a country in which you made the first displays of your character." It has been eloquently and truthfully said : " The key was hung in Mount Vernon as a memento of the triumph of American principles of liberty in France, and an emblem of their all-pervading vigor in our own country. AVhat a melancholy retrospect for the American citizen! The Bastile is crumbled in France, but the principles of des potism that reared it are transplanted into America, and im press the character of the very fortress named after its illustrious destroyer. The Bastile is here. If the spirits of

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. XIX the mighty dead ever mingle with the destinies of the living, how must the groans of anguish wafted up to Heaven from that prison, fall on the mighty spirits of the immortal Wash ington and Lafayette ? That key still hangs in the hallowed shades of Alount Vernon, an Emblem of Liberty." Judge H. Do you not think the arbitrary power exercised during the Administration of Mr. Lincoln, will have a damaging effect upon the influence of free institutions abroad, and that we had better protect the liberty of the citizen at home, before we attempt to transplant it into other countries? Author. The encroachments upon the personal rights of American citizens, during the Administration of President Lincoln, would not inspire one with the idea that we had much of liberty to lose, or, at least, be in a condition to trans plant it into other countries, or among other peoples.

Far better would it be, to inscribe on the brow of the Goddess of Liberty, over the dome of the Capitol at AVashington, the ancient inscription over the entrance into the Temple of Apollo, at Delphi — " Know Thyself," than attempt to preach liberty abroad, when we do not enjoy it at home. Let our citizens be protected by constitutional liberty at home, and then you may sow the seeds of freedom of speech — freedom of the press — and freedom of thought— throughout the world if you choose ; but so long as our own soil is so poor that liberty will not germinate and fructify in it — or, if it does take root, is so feeble as to be swept away by the first under-current, then the less we boast about American Liberty, under an American Constitution, the better for our reputation and the cause for which our forefathers contended. Judge H. The people ought to know wherein they have been robbed of their liberties, and by whom. A'ou know it

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. XX was the fear of the Roman citizen that his liberty was in danger that caused the assassination of Cæsar. Author. That was the excuse of the conspirators. The mere presentation of a crown to Cæsar, at the Lupercal, how ever, did not justify the deed, for he had thrice refused it. The liberty of the Roman citizen was not in danger, nor had any as yet been deprived of it. But in our country the case was quite different, for our citizens were robbed of their liberties ; and I agree with you, the people ought to know why, and by what authority they have been deprived of their constitutional rights. Judge H. What method would you adopt to let them know the extent of the wrongs they have endured ? Author. The most truthful, and, I should think, the most effectual method, would be to publish a history of the indi vidual cases of some of those who have suffered.

In addition to this, I would publish a translated copy of the Magna Charta, a document which should be dear to every American freeman ; and besides, it would be a great curiosity to the American reader, for I do not think it has been published more than three or four times in this country. No one who could secure a copy of the Great Charter — the Keystone of English Liberty — would neglect the opportunity. I have seen the original manuscript in the British Aluseum, in Lon don. It is written in Latin, and is considered a great curi osity. Accompanying it, of course, would be its offspring — - the Constitution of the United States, with the recent amend ments to it. No man, of whatever political creed, should be without a copy of the Constitution, because it is as necessary for him to know its teachings, to understand his civic rights on earth, as it is important for him to study the precepts of

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. XXI the Bible to aid him in his preparation for heaven. Then I would illustrate the book with "Independence Bell," with its inscription ; Air. Seward's " little bell," with the hand of an unseen person touching it; "Independence Hall," where the Declaration of Independence was adopted and proclaimed ; and the " Old Capitol " at AVashington, now demolished, where Congress (after the destruction of the Capitol by the British, in 1814,) met, but more recently used for the incarceration of Prisoners of State, together with some of the Forts in which thousands of citizens, torn from their families, without warrant or charge, and secretly hurried away from their homes, were immured for months and years, in damp, dungeon casemates. AVhile all these things would be inter esting to the reader, some of them would reveal secrets in the history of the Government which would astonish him.

Judge H. You astonish me, and have excited my desire to see such a book. I am entirely ignorant of many things of which you have talked to-night. Such a work would be very instructive, and more interesting than any book that has ever been published in this country. It would be bought and read by every man and woman who can read the English language. AVhat would you call it ? Author. The "American Bastile." Judge H. Now I not only request, but urge you to publish such a book. Author. But I have already said I would prefer to write a brighter page in my country's history. Judge H. So would a judge rather not sentence a criminal to death. Author. I will undertake then, though reluctantly, to do what you suggest — write a history of the cases of State

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. XXII Prisoners. ATour adyice to me has always been good ; and while I undertake this work, it will be for the public good. It will be for the purpose of preventing, in future, a repetition of the errors and crimes committed in the past, and to aid in the preservation of those rights, liberties, and franchises transmitted to us by the fathers of the Republic, to be pro tected, defended, and guarded by us, as a sacred trust. Judge H. I am heartily glad, my dear sir, that you have acceded to my suggestions, and hope the history you write will find a place on the shelf of every public and private library in our common country. It will not exhibit 'the bright side, but it may be the means of guarding the people against a repetition of the offences and wTrongs committed in the past, and forewarn them, in the language of the Father of his Country, to " resist with care the spirit of innovation upon the principles of our government, however specious the pretext."

Author. I thank you, my dear Judge, for the many kind suggestions you have made to me to-night, and trust they are fully appreciated. Your kindness is proverbial ; your learning acknowledged ; and your patriotism undoubted. Arour disinterested friendship and advice to me have been in valuable, and I hope I may continue in the future to merit your confidence and regard. Judge H. It will always give me pleasure to promote your individual interests ; but my advice to you, to-night, has been more concerning your duty, than interest. The genius and science of our Government are based upon personal rights, and personal liberty. The people under our form of govern ment are sovereign. They should know wherein their civil rights have been violated, and their liberties abridged. All

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. XXIII I ask of you is to enlighten them on these vital subjects — subjects that are the very marrow of our institutions. The peo ple should know that while they are advancing the interests of their Government by a hearty co-operation, the Gov ernment at the same time is not depriving them of their personal rights ; for, in the language of the great English orator and statesman, Edmund Burke, " Let it be once under stood that your government may be one thing, and the peo ple's privileges another ; that these two things may exist without any mutual relation, the cement is gone — the cohe sion is loosened — and everything hastens to decay and disso lution." But I have been agreeably entertained by you until a late hour. We will talk over these matters soon again, and in the mean time, my dear friend, farewell. Author. You are always a welcome visitor — good night. January. 1868.