Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865Cox, Jacob D. (Jacob Dolson)
History
Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865
Cox, Jacob D. (Jacob Dolson)
United States -- History -- Civil War, 1861-1865; United States -- History -- Civil War, 1861-1865 -- Personal narratives
The arrest of Vallandigham had left a certain class of people in
Dayton on the verge of violent outbreak. A mob had wrecked the
publishing office of the Union party paper, and we had kept a small
garrison at the city to preserve the peace, The "roughs" of the
place were insolent to the soldiers and their officers, and it
required firm discipline to keep our men as patient as we wished
them to be. One day a wrangle began, and one of the city "rowdies"
pulled a pistol and fired upon a soldier. We arrested the criminal,
but whilst we held him, an indictment was found against him in the
local court, and he was demanded by the civil authorities for trial.
We knew very well that in any jury of that county enough partisans
of Vallandigham would be found to prevent a conviction, but I
ordered the man to be delivered up. This was pretty sharply
criticised by the more ardent Union men, but I answered that it was
necessary to find out whether justice could be administered by the
civil authorities before applying military rule.
The delivery of the man was no doubt looked upon as an act of
timidity, and it was not long before we had a repetition of the
offence. I had taken pains to have the garrison at Dayton carefully
instructed that they must be patient and cool, avoiding every
provocation, but if attacked, the aggressor must be punished on the
spot. In the second case, the man who drew his weapon was instantly
shot down. There was now a demand for the soldier to be tried by the
local civil court; but I said that the boot was on the other foot.
The charge against the soldier was for an act performed in the line
of his military duty, and of this our military courts had
cognizance. The case was investigated by a military tribunal and the
man justified. The result was every way satisfactory. Assaulting
soldiers lost its attractiveness to town bullies, and the case in
which the civilian had been left to the action of the civil courts
was a standing proof of the inefficiency of those tribunals in
matters where partisan passions entered, and where the unanimity of
a jury was consequently impossible.
Public-domain text, read in full here on John Shaqi.
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