Mr. Lincoln signed the Confiscation Act with reluctance. Indeed he had prepared a veto, but a joint resolution had been pa.s.sed in order to remove the objections which in the President's view were absolutely fatal to the original bill, either as regarded its justice or its const.i.tutionality. He had insisted to certain senators that the Confiscation Law must in terms exclude the possibility of its being applied to any act done by a rebel prior to its pa.s.sage, and that no punishment or proceeding under it should be so construed as to work a forfeiture of the real estate of the offender beyond his natural life. These, with some minor defects, being corrected, the President affixed his signature and made public proclamation of the intended enforcement of the Act as qualified by the joint resolution approved on the same day. But there is good reason for believing that Mr. Lincoln would have been glad to confine its application to slave property, and he felt moreover that he could deal with that subject without the co-operation of Congress. The military situation was so discouraging that in the President's view it would have been wiser for Congress to refrain from enacting laws which, without success in the field, would be null and void, and which, with success in the field, would be rendered unnecessary. Congress adjourned on the same day that Mr.

Lincoln approved the bill, and on returning home the senators and representatives found their const.i.tuents depressed, anxious, and alarmed for the country.

It cannot be said that the results flowing from this measure, either in restraining the action of Southern men or in securing to the National Treasury money derived from confiscated property, were at all in proportion to the importance ascribed to it in the discussion of both branches of Congress. Indeed the effect both morally and materially was far short of expectation. It is highly probable that if the stringent measure of the Confederate Congress and its stringent enforcement under the vigorous administration of Attorney- General Benjamin had not been attempted, the Congress of the United States could not have been induced to enter upon a course of legislation concerning which there existed much doubt and division of opinion among the Republicans. It is at least certain that but for the causes named, the scope of the Confiscation Act would have been confined within those limits which would have directly influenced the inst.i.tution of Slavery, and would not have interfered with any other species of property. Whatever distress therefore came to Southern men, from the provisions in the Confiscation Act outside of those relating to Slavery, may fairly and properly be traced to the spirit of retaliation (always an effective weapon in time of war) which naturally followed the causeless and cruel procedure of the Confederate Government.

CHAPTER XVII.

Ball's Bluff Disaster.--Mr. Conkling's Resolution of Inquiry.-- Unsatisfactory Reply of Secretary Cameron.--Second Resolution.-- Second Reply.--Incidental Debate on Slavery.--Arrest of General Charles P. Stone.--His History.--His Response to Criticisms made upon him.--Responsibility of Colonel Baker.--General Stone before the Committee on the Conduct of the War.--His Examination.--Testimony of Officers.--General Stone appears before the Committee a Second Time.--His Arrest by Order of the War Department.--No Cause a.s.signed.

--Imprisoned in Fort Lafayette.--Solitary Confinement.--Sees n.o.body.

--His Wife denied Access to him.--Subject brought into Congress.-- A Search for the Responsibility of the Arrest.--Groundless a.s.sumption of Mr. Sumner's Connection with it.--Mr. Lincoln's Message in Regard to the Case.--General Stone's Final Release by an Act of Congress.

--Imprisoned for One Hundred and Eighty-nine Days.--Never told the Cause.--Never allowed a Trial.--Appears a Third Time before the Committee.--The True Responsibility for the Arrest.--His Restoration to Service.--His Resignation.--Joins the Khedive's Service.

On the day that Congress convened, (December 2, 1861,) Mr. Roscoe Conkling offered a resolution which was unanimously agreed to by the House, requesting "the Secretary of War, if not incompatible with the public service, to report to the House whether any, and if any, what, measures have been taken to ascertain who is responsible for the disastrous movement of our troops at Ball's Bluff." A few days later Mr. Chandler of Michigan offered a resolution in the Senate, directing an inquiry by a committee of three "into the disasters at Bull Run and Ball's Bluff." Mr. Grimes of Iowa offered a subst.i.tute which, after various modifications, directed the appointment of a "joint committee of three members of the Senate, and four members of the House of Representatives, to inquire into the conduct of the present war, with power to send for persons and papers, and with leave to sit during the sessions of either branch of Congress." The resolutions led to some debate. Mr. Chandler maintained that "it is the duty of the Senate to ascertain who is responsible for sending eighteen hundred men across the Potomac, in two old scows, without any means of retreat." Mr. McDougall thought a discussion of the question at that time was impolitic.

Mr. Wilson of Ma.s.sachusetts, chairman of the Committee on Military Affairs, while admitting that many mistakes had been made, a.s.serted the "the greatest error in the conduct of the war has been the series of irresponsible proclamations issued by generals on the field." The joint resolution was adopted by the Senate with only three dissenting votes (Messrs. Latham, Carlile, and Rice) and by the House unanimously. Mr. Wade of Ohio, Mr. Chandler of Michigan, and Mr. Andrew Johnson of Tennessee on the part of the Senate, with Mr. Gooch of Ma.s.sachusetts, Mr. Covode of Pennsylvania, Mr. Julian of Indiana, and Mr. Odell of New York on the part of the House, const.i.tuted the committee.

THE DISASTER AT BALL'S BLUFF.

The Secretary of War, in answer to Mr. Conkling's resolution touching the disaster at Ball's Bluff, stated that Major-General McClellan, commanding the army, "is of opinion that an inquiry on the subject of the resolution would at this time be injurious to the public service." The answer did not satisfy Mr. Conkling. He immediately moved another resolution declaring that the communication from the Secretary of War was "not responsive nor satisfactory to the House, and that the secretary be directed to return a further answer."

A spirited debate followed, taking a somewhat extended range. Mr.

Conkling said that his resolution related to "the most atrocious military murder ever committed in our history as a people. It relates to a lost field; to a disastrous and humiliating battle; to a blunder so gross that all men can see it,--a blunder which cost us confessedly nine hundred and thirty men, the very pride and flower of the States from which they came." . . . "The Bluff is a mile in length up and down the river, and the landing and ascent were made in the middle of it. Behind this was a six-acre lot skirted by woods on three sides. Into this burial-ground, one by one, as the boat brought them over, went up the devoted seventeen hundred. . . . Behind them rolled a deep river which could never be repa.s.sed. Before them and surrounding them on every side was a tree-sheltered and skulking foe, three or four times their number. . . . In an hour, in less than an hour, the field was a h.e.l.l of fire raging from every side. The battle was lost before it was begun. It was from the outset a mere sacrifice, a sheer immolation, without a promise of success or a hope of escape."

. . . "On the same side of the river with Leesburg," said Mr. Conkling, "within a day's march of that place, lay General McCall commanding a division containing fifteen regiments which marched fully eleven thousand men. If Leesburg were to be attacked, or if a reconnoissance in force were to be made in that direction, one of the first wonders in this case is, that the work should have been a.s.signed to General Stone's division, divided as it was from the scene of action by a great river, when the division of General McCall was within a day's march of the spot, with neither river, mountain, nor barrier to be traversed."

--Mr. Richardson of Illinois thought Mr. Conkling's resolution was calculated "to raise an issue between the House of Representatives and the army, and divide the country." He thought this would injure the cause of the Union. In military matters he would "rather trust the commanding general of the army than a committee of the House."

--Mr. Crittenden of Kentucky protested against "the House interfering in the conduct of the war and the management of the army by investigating transactions which are in their nature purely military."

He maintained that "such a policy takes control out of the hands of men supposed to be competent and puts it in the hands of men supposed not to be competent." "If," continued Mr. Crittenden, "we are to find fault with every movement, who not appoint a committee of the House to attend the Commander-in-chief? Why not send them with our army so that the power of Congress may be felt in battle as well as in the halls of legislation?"

--Mr. Lovejoy of Illinois gave a characteristic turn to the debate.

"I believe before G.o.d," said he,--"and if it be fanaticism now it will not be when history traces the events of the day,--that the reason why we have had Bull Run and Ball's Bluff and other defeats and disasters is that G.o.d, in his providence, designs to arraign us before this great question of human freedom, and make us take the right position." Slavery, according to Mr. Lovejoy, was the Jonah on board the National ship, and the ship would founder unless Jonah were thrown overboard. "When Jonah was cast forth into the sea, the sea ceased from raging." Our battles, in Mr. Lovejoy's belief, "should be fought so as to hurt slavery," and enable the President to decree its destruction. "To be President, to be king, to be victor, has happened to many; to be embalmed in the hearts of mankind through all generations as liberator and emanc.i.p.ator has been vouchsafed to few."

THE DISASTER AT BALL'S BLUFF.

--Mr. Wickliffe of Kentucky believed we should "preserve the Union and slavery under it." He wised to "throw the Abolitionists overboard."

--Mr. Mallory of Kentucky, while not believing slavery to be incompatible with our liberty under the Const.i.tution, declared that so far as he understood the feeling of the people of Kentucky, "if they ever come to regard slavery as standing in the way of the Union, they will not hesitate to wipe out the inst.i.tution." Loud applause followed this remark.

--Mr. McKee Dunn of Indiana, while believing that "if slavery stands in the way of the Union it must be destroyed," was not yet "willing to accept Mr. Lovejoy as prophet, priest, or king." He thought "the gentleman from Illinois was not authorized to interpret G.o.d's providence" in the affairs of men.

--Mr. Thaddeus Stevens, in recalling the debate to the immediate question before the House, took occasion to protest against the doctrine of non-interference laid down by Mr. Crittenden. "Has it come to this," said Mr. Stevens, "that Congress is a mere automaton, to register the decrees of another power, and that we have nothing to do but to find men and money? . . . This is the doctrine of despotism, better becoming that empire which they are attempting to establish in the South."

The resolution offered by Mr. Conkling was adopted by a vote of 79 to 54, on a call of the yeas and nays. The affirmative vote was wholly Republican. A few Republicans voted with the Democrats in the negative. The reply of Secretary Cameron was no more satisfactory than to the first resolution. He informed the House that "measures have been taken to ascertain who is responsible for the disastrous movement of our troops at Ball's Bluff, but it is not deemed compatible with the public interest to make known these measures at the present time." The difference between this answer and the first, was that the Administration a.s.sumed the responsibility of withholding the information, and did not rest it upon the judgment of the general in command of the army.

Brigadier-General Charles P. Stone was a graduate of West Point Military Academy, from Ma.s.sachusetts. His family belongs to the old Puritan stock of that commonwealth, and had been honorably represented in every war in which the American people had engaged.

General Stone served as a lieutenant in the Mexican war with high credit, and in 1855 resigned his commission and became a resident of California. It happened that he was in Washington at the breaking out of the civil war, and in response to the request of his old commander, General Scott, took a prominent part in the defense of the capital, considered to be in danger after the rising of the Baltimore mob. His conduct was so admirable that when the President, a few weeks later, directed the organization of eleven new regiments in the Regular Army, he appointed General Stone to the Colonelcy of the 14th United-States Infantry. After the battle of Bull Run, when General McClellan was promoted to the command of the Army of the Potomac, General Stone was selected to command a division which was directed to occupy the valley of the Potomac above Washington, as a corps of observation. The Union troops, engaged in the disastrous battle of Ball's Bluff, belonged to his corps, but were under the immediate command of Colonel E. D. Baker. The repulse and slaughter on that melancholy field were followed by excitement and indignation throughout the country quite as deep as that shown in Congress. The details of the disaster were greatly exaggerated.

The official summary of losses, made up with care, showed that the total number killed, including both officers and men, was 49; wounded, 158; missing, 714, of whom a few were drowned, and the great ma.s.s taken prisoners. The popular admiration for Colonel Baker was unbounded, and the suspicion that his life had been needlessly destroyed created such a feeling as demanded a victim.

General Stone was selected for the sacrifice, and popular wrath was turned upon him with burning intensity. Rumors and exaggerations filled the newspapers; and the public, in that state of credulity which is an incident to the victim-hunting mania, accepted every thing as true. It was widely believed that Colonel Baker said mournfully, as he marched to the battle-field, "I will obey General Stone's order, but it is my death-warrant."

BALL'S BLUFF DISASTER INVESTIGATED.

Goaded by these injurious and unfounded rumors, General Stone, in a letter to the Adjutant-General of the army, written a fortnight after the battle, deemed it his "duty to answer the persistent attacks made through the press by the friends of the lamented Colonel Baker." He called attention to the "distinct violations by Colonel Baker of his orders and instructions," and declared that he was left "to use his own discretion about crossing his force, or retiring that already over." He found it "painful to censure the acts of one who gallantly died on the field of battle," but justice to himself required "that the full truth should be made to appear." Colonel Baker did not receive the order "as a death- warrant," for it was delivered to him "at his own request." That "Colonel Baker was determined to fight a battle" was made evident by the fact that "he never crossed to examine the field, never gave an order to the troops in advance, and never sent forward to ascertain their position, until he had ordered over his force, and pa.s.sed over a considerable portion of it." On the 5th of January, 1862, General Stone appeared before the Committee on the Conduct of the War, and was examined under oath as to every detail of the Ball's-Bluff disaster which could in any way, directly or remotely, involve his responsibility as a commander. His answers were frank, withholding nothing, and were evidently intended to communicate every pertinent fact. So far as may be inferred from the questions and comments, the evidence was entirely satisfactory to the committee.

After the examination of General Stone, many officers of his command appeared before the committee. The captains and lieutenants, fresh from private life, whose names he probably did not know, and with whom he perhaps never exchanged a word, were summoned in large number. They had remarkable stories to tell about General Stone's disloyalty; about his holding secret correspondence with the enemy; about his permitting letters and packages to be taken across the line without examination; about his allowing rebels to go freely back and forth; and finally about his pa.s.sing within the rebel lines to hold confidential interviews with the officers commanding the force opposed to him. It is singular that men of the acuteness and high character of those composing the committee did not carefully sift the testimony and subject it to the test of a rigorous cross- examination. The stories told by many of these swift witnesses were on the surface absurd, and should have been exposed. Publicity alone would have largely counteracted the evil effect of their narratives, but the examination was secret, and the witnesses evidently felt that the strongest bias against General Stone was the proper turn to give their testimony. The atmosphere was, as it often is in such cases, unfavorable to the suspected man; and his reputation was mercilessly a.s.sailed where he could not reply, and was not even allowed to hear. When officers of the higher grades, who came near to General Stone, who shared his confidence and a.s.sisted in his councils, were examined, the weight of the testimony was markedly different. General F. W. Lander regarded General Stone as "a very efficient, orderly, and excellent officer."

Colonel Isaac J. Wistar, who succeeded Colonel Baker in the command of the California regiment, gave the highest testimony to General Stone's loyalty, and to the "full confidence" reposed in him by men of every rank in the brigade with which he was serving. Colonel Charles Devens who, with his regiment, the Fifteenth Ma.s.sachusetts Infantry, had borne an honorable part on the b.l.o.o.d.y field, testified that he and the officers of the Fifteenth "had confidence in General Stone." Colonel James H. Van Allen, commanding a regiment of cavalry in General Stone's division, gave the most cordial testimony of his loyalty and high character.

After the larger part of the evidence adverse to General Stone had been heard, he received an intimation through General McClellan that it might be well for him to appear again before the Committee on the Conduct of the War. He obtained leave of absence from his command, repaired to Washington, and presented himself before the committee on the 31st of January, twenty-six days after his first testimony had been given. For some reason which the committee did not deem it necessary to explain, General Stone was not furnished with the names of the witnesses who had testified against him in the dark; their testimony was not submitted to him; it was not even read in his hearing. He was simply informed by the chairman-- Senator Wade of Ohio--that "in the course of our investigations there has come out in evidence matters which may be said to impeach you. I do not know that I can enumerate all the points, but I think I can. In the first place is your conduct in the Ball's- Bluff affair--your ordering your forces over without sufficient means of transportation, and in that way endangering your army, in case of a check, by not being able to re-enforce them. . . . Another point is that the evidence tends to show that you have had undue communication with the enemy by letters that have pa.s.sed back and forth, by intercourse with officers from the other side, and by permitting packages to go over unexamined, to known Secessionists.

. . . The next and only other point that now occurs to me is that you have suffered the enemy to erect formidable fortifications or batteries on the opposite side of the river, within the reach of your guns, and which you could easily have prevented." General Stone's answer was as lucid, frank, and full as could be made to charges of so sweeping a character. His explanations were unreserved, and his justification apparently complete and unanswerable against every form of accusation which the chairman submitted. To the charge of disloyalty General Stone replied with much feeling, "That is one humiliation I had hoped I should never be subjected to. I thought there was one calumny that could not be brought against me. Any other calumny I should expect after what I have received, but that one I should have supposed that you personally, Mr.

Chairman, would have rejected at once. _You_ remember last spring when the Government had so few friends here, when the enemy had this city I might almost say in his power, I raised all the volunteer troops that were here during the seven dark days. I disciplined and posted those troops. I commanded them, and they were the first to invade the soil of Virginia, and I led them." Mr. Wade here interrupted, and said, "I was no so unjust as not to mention that circ.u.mstance to the committee." General Stone resumed, "I could have surrendered Washington. And now I will swear that this government has not a more faithful soldier, of poor capacity it may be, but not a more faithful soldier from the day I was called into service to this minute."

GENERAL CHARLES P. STONE ARRESTED.

Subsequent developments proved that three days before this second examination General McClellan had in his possession an order from Edwin M. Stanton, Secretary of War, directing him "to relieve General Stone from his command of a division in the Army of the Potomac, and that he be placed in arrest and kept in close custody until further orders." It is evident therefore that so far as the War Department was involved, the case had been prejudged, or judged at least without giving the accused man an opportunity to be heard in his own defense. It is difficult to understand why his testimony did not have the effect to recall or suspend the order of arrest, but despite the candor and evident honesty of his explanations, the blow fell upon him. Early on Sat.u.r.day the eighth day of February General McClellan directed the provost marshal of the district, General Andrew Porter, "to arrest Brigadier-General Charles P.

Stone at once, and to send him under close custody by first train to Fort Lafayette, where he will be placed in charge of the commanding officer, and have no communication with any one from the time of his arrest." Brigadier-General Sykes, commanding the City Guard, executed the order, taking General Stone from his bed at midnight in the hotel where he was stopping, and making him a close prisoner.

Shortly after daylight the following morning General Stone addressed a note to General Seth Williams, Adjutant-General on the staff of General McClellan, informing him of his arrest, and adding, "Conscious of having been at all times a faithful soldier of the United States, I must respectfully request that I may be furnished at an early a moment as practicable with a copy of whatever charges may have been preferred against me, with the opportunity of promptly meeting them."

To this respectful communication no answer was made, and General Stone was hurried off to Fort Lafayette, under strict guard, with an order from General McClellan for his imprisonment. At the fort the money which he had in his pockets was taken from him, and he was placed in solitary confinement in a room ordinarily used for quarters of enlisted men. No letter was allowed to leave him or reach him without the most rigid inspection. Under this close _surveillance_, with an armed sentinel pacing before the door of his room, without opportunity for outdoor air or exercise, he was kept for forty-nine days. He applied at different times to the military authorities in Washington for a statement of the charges against him, for a speedy trial, for access to the records of his own office and his own headquarters, for a change of the place of his confinement. To none of these applications was answer of any kind returned. After he had been nearly two months in prison he asked that his wife might be allowed to visit him. She was in the deepest anguish, and her society in his imprisonment could have subjected the government to no danger, because she would have been under the same restraint and espionage as her husband. This natural and reasonable request, made only after his confinement promised to be indefinite, was peremptorily and curtly refused by the War Department.

On the fiftieth day the place of his imprisonment was changed from Fort Lafayette to Fort Hamilton near by, and the opportunity for open-air exercise within the fort was accorded him, though always under the eye of a sentinel. Here he renewed his request for the charges against him, without eliciting answer. He applied to the officer in command of the fort to learn of what possible crime he was accused, and the officer replied that he knew nothing of it; he was absolutely ignorant of any ground for General Stone's imprisonment. After striving for more than sixty days to ascertain the nature of his offense, and secure an opportunity to vindicate himself, the prisoner adopted another course. He applied for suspension of arrest with liberty to join the army just setting forth under General McClellan for the Peninsular campaign. No reply was made to his request. A few weeks later, when the Union forces under General Banks were defeated in the valley of the Shenandoah, he again asked the privilege of active duty, and again was treated with contemptuous silence. On the 4th of July he telegraphed directly to President Lincoln, recalling the honorable service in which he had been engaged just one year before. Reminding the President of the pressing need which the country then had "of the services of every willing soldier," he begged to be sent to the field. With manly dignity he declared, "I am utterly unconscious of any act, word, or design which should make me less eligible to an honorable place among the soldiers of the Republic than upon any day of my past life."

GENERAL STONE'S CASE IN CONGRESS.

Meanwhile the subject had forced itself upon the attention of Congress. On the 24th of March, Senators Latham and McDougall of California, the first a supporter of Breckinridge in 1860, the other a supporter of Douglas, with Aaron A. Sargent, representative from the same State and a most radical Republican, united in an energetic memorial to Secretary Stanton, on behalf of General Stone as a citizen of California. They stated that "the long arrest of General Stone without military trial or inquiry has led to complaints from many quarters. . . . Having known General Stone for years, and never having had cause to doubt his loyalty, we feel it our duty to inquire of the government through you for some explanation of a proceeding which seems to us extraordinary." To this memorial no reply was made, and after waiting nearly three weeks Mr. McDougall introduced in the Senate a very searching resolution of inquiry, requesting the Secretary of War to state upon whose authority the arrest was made, and upon whose complaint; why General Stone had been denied his rights under the articles of war; why no charges and specifications of his offense had been made; whether General Stone had not frequently asked to be informed of the charges against him; and finally upon what pretense he was still kept in prison.

Mr. McDougall spoke in the Senate on the 15th of April in support of his resolution, making some interesting personal statements.

General Stone was arrested on the night of Sat.u.r.day, the 8th of February. "On the Wednesday evening before that," said Mr. McDougall, "I met General Stone, dressed as became a person of his rank, at the house of the President, where no one went on that evening except by special invitation. He was there mingling with his friends, receiving as much attention and as much consideration from all about him as any man there present. . . . Only two evenings after that, if I remember right, he was the guest under similar circ.u.mstances of the senior general in command of our army [McClellan], and there again receiving the hospitalities of the men first in office and first in the consideration of the country. On, I think, the very day of his arrest he was in the War Department, and was received by the head of that department as a man who had the entire confidence of the government, and of himself as one of the government's representatives. On that evening he was seized, taken from his home and family at midnight, carried off to Fort Lafayette and imprisoned, as are men convicted and adjudged guilty of the highest offense known to the law. . . . I undertake to say upon good authority that almost presently before his arrest he said to the present Secretary of War [Stanton], 'Sir, I hear complaints about my conduct as an officer at Ball's Bluff. I wish you to inquire into it and have the matter determined.' He was a.s.sured that there were no charges against him, and the secretary advised him in substance in these words: 'There is no occasion for your inquiry; go back to your command.' That was the day of the night on which he was arrested." Mr. McDougall's statement, the accuracy of which was not challenged by any one, disclosed the fact that while General Stone was a guest at the White House and at the residence of General McClellan, the latter had in his possession the order for arrest, and had held it for several days.

The resolution of Mr. McDougall was debated at some length in the Senate, Mr. Wade making a fiery speech in defense of the course pursued by the Committee on the Conduct of the War, and Mr. Browning of Illinois defending the President, upon whom there had been no imputation of any kind. Mr. Doolittle suggested that the resolution be referred to a committee. Mr. Wilson of Ma.s.sachusetts submitted a subst.i.tute, simply requesting "the President of the United States to communicate to the Senate any information touching the arrest and imprisonment of General Stone, not deemed incompatible with the public interest." Mr. Sumner had "no opinion to express in the case, for he knew nothing about it;" but "it seemed clear" to him "that General Stone ought to be confronted with his accusers at an early day, unless there be some reason of an overbearing military character which would render such a trial improper." Mr.

Sumner had "seen in various newspapers a most persistent attempt"

to connect him "with the credit or discredit of the arrest." He declared that from the beginning he "had been an absolute stranger to it." The arrest was made, he repeated, without his "suggestion or hint, direct or indirect." He declared that he "was as free from all connection with it" as "the intimate friends and family relatives of the prisoner." At the close of the debate Mr. McDougall accepted Mr. Wilson's resolution as a subst.i.tute for his, and on the 21st of April the latter was adopted by general consent.

SENATOR SUMNER AND GENERAL STONE.

The unfounded a.s.sumption of Mr. Sumner's connection with the arrest sprang perhaps from some censorious remarks in the Senate made by him in December touching General Stone's alleged course in sending back fugitive slaves. Subsequent intelligence indicated that Mr.

Sumner had been misinformed on this matter, and that the facts did not inculpate General Stone. But instead of writing to Mr. Sumner to correct the statements made in his speech, General Stone, most unwisely and most reprehensibly, addressed to the senator on the 23d of December an ill-tempered and abusive letter. Mr. Henry Melville Parker of Ma.s.sachusetts investigated all the facts and incidents of the case, and came to the conclusion that Mr. Sumner, as an act of revenge for the insolent letter, had caused General Stone's arrest. But the facts do not warrant Mr. Parker's conclusion.

Aside from Mr. Sumner's public denial on the floor of the Senate-- which of itself closed the issue--he was never known to be guilty of an act of revenge. That pa.s.sion belongs to meaner natures.

The dates, moreover, remove the imputation of Mr. Parker. General Stone's hasty and ill-considered letter was placed in Mr. Sumner's hands on Christmas Day, 1861. The arrest was made on the 8th of February, 1862--forty-six days later. The intervening circ.u.mstances nowhere involve Mr. Sumner in the remotest degree.

In answer to the call upon the President for information, Mr.

Lincoln sent a message to the Senate on the 1st of May, saying, "General Stone was arrested and imprisoned under my general authority, and upon evidence which, whether he be guilty or innocent, required, as appears to me, such proceedings to be had against him for the public safety." The President deemed it "incompatible with the public interest, and perhaps unjust to General Stone, to make a more particular statement of the evidence." After saying that General Stone had not been tried because the officers to const.i.tute a court-martial could not be withdrawn from duty without serious injury to the service, the President gave this public a.s.surance: "He will be allowed a trial without unnecessary delay: the charges and specifications will be furnished him in due season, and every facility for his defense will be afforded him by the War Department."

This message on its face bears evidence that it was prepared at the War Department, and that Mr. Lincoln acted upon a.s.surances furnished by Mr. Stanton. The arrest was made upon his "general"

authority, and clearly not from any specific information he possessed.

But the effect of the message was to preclude any further attempt at intervention by Congress. Indeed the a.s.surance that General Stone should be tried "without unnecessary delay" was all that could be asked. But the promise made to the ear was broken to the hope, and General Stone was left to languish without a word of intelligence as to his alleged offense, and without the slightest opportunity to meet the accusers who in the dark had convicted him without trial, subjected him to cruel punishment, and exposed him to the judgment of the world as a degraded criminal.

Release from imprisonment came at last by the action of Congress, coercing the Executive Department to the trial or discharge of General Stone. In the Act of July 17, 1862, "defining the pay and emolument of certain officers," a section was inserted declaring that "whenever an officer shall be put under arrest, except at remote military posts, it shall be the duty of the officer by whose orders he is arrested to see that a copy of the charges shall be served upon him within eight days thereafter, and that he shall be brought to trial within ten days thereafter unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days, or the arrest shall cease." The Act reserved the right to try the officer at any time within twelve months after his discharge from arrest, and by a _proviso_ it was made to apply "to all persons now under arrest and waiting trial." The bill had been pending several months, having been originally reported by Senator Wilson before General Stone's arrest.

The provision of the Act applicable to the case of General Stone was only a full enforcement by law of the seventy-ninth article of war, which declared that "no officer or soldier who shall be put in arrest shall continued in confinement more than eight days, or until such time as a court-martial can be a.s.sembled." It was a direct violation of the spirit of this article, and a cruel straining of its letter, to consign General Stone to endless or indefinite imprisonment. Any man of average intelligence in the law--and Secretary Stanton was eminent in his profession--would at once say that the time beyond the eight days allowed for a.s.sembling a court- martial must be a reasonable period, and that an officer was ent.i.tled to prompt trial, or release from arrest. The law now pa.s.sed was imperative. Withing eight days the arrested officer must be notified of the charges against him, within ten days he must be tried, and "if the necessities of the service prevent a trial" within thirty days after the ten, the officer is ent.i.tled to an absolute discharge.

General Stone's case fell within the justice and the mercy of the law. The eight days within which he should be notified of the charges against him had been long pa.s.sed; the ten days had certainly expired; but by the construction of the War Department the victim was still in the power that wronged him for thirty days more. From the 17th of July, thirty days were slowly told off until the 16th of August was at last reached, and General Stone was once more a free man. He had been one hundred and eighty-nine days in prison, and was at last discharged by the limitation of the statute without a word of exculpation or explanation. The routine order simply recited that "the necessities of the service not permitting the trial, within the time required by law, of Brigadier-General Charles P. Stone, now confined in Fort Lafayette, the Secretary of War directs that he be released from arrest."

GENERAL STONE FINALLY RELEASED.

The order simply turned him adrift. He was a Colonel in the Regular Army and a Brigadier-General in the volunteer service; and the Secretary, according to the rule of the War Department, should have given him some instruction,--either a.s.signing him to duty or directing him to report at some place and await orders. Thinking it might be an omission, General Stone telegraphed the War Department that he had the honor "to report for duty." He waited five days in New York for an answer, and receiving none repaired to Washington.