never began to operate effectively until they had adopted the new system developed by the great Kentucky cavalryman. If Morgan was a guerrilla chieftain, every Federal cavalry commander who ever amounted to anything, was also a guerrilla. It is too late now to use epithets; the honors won on desperate fields of high endeavor, belong alike to Federal and Confederate, and, first of all, to the great country which supplied those commanders. The day is not yet, unfortunately, but it will surely come when equal-and exact justice will be given to the men who strove mightily in that great struggle, and no man will care to ask the uniform worn by the winning contestants. They were Americans and the honors won by each will be justly divided with the other.

It had been strenuously declared by those who adhered to the cause of the Union, that the war was not waged for the destruction of slavery, while it was claimed, with equal force, by those on the other side that it had no other object. Thousands of men in the border states where slavery existed, had enlisted in the Federal army because they loved the Union and did not want to see it dissolved. They indignantly denied that they sought the destruction of slavery, or that they had entered the army with any other object in view than the preservation of the Union. Col. R. T. Jacob and Col. Frank Wolford, each gallant commander of a gallant Federal regiment of cavalry, were so outspoken in their expressions on this subject as to bring about their arrest and banishment by the Federal authorities, as has been hitherto stated. There was not a thinking man in Kentucky who allowed his judgment to prevail over his prejudices, who did, not know that the final success of the Federal arms meant the destruction of slavery; yet many of these denied that such a result was possible, while others, with a wise precaution which did them credit, said nothing at all. The man who did not know, early

in 1861, when hostilities began, that slavery was doomed if the southern cause failed, was a man whose judgment was of so negligible a quality that his opinions are not worth quoting. ing. The south knew what the final result would be if it lost, and would have been willing to submit to the loss of its slaves, if it could have the privilege of controlling its own internal affairs free from the influence of superior forces of government elsewhere.

On January 1, 1863, President Lincoln issued his Emancipation Proclamation. "As a fit and necessary war measure for suppressing the rebellion, I order and declare that all persons held as slaves within the designated states. now in rebellion are and henceforth, shall be free, and the military and naval authorities. will recognize and maintain their freedom." This proclamation might as properly have borne the date of the firing on Fort Sumter, with the supplemental date of the surrender at Appomattox. It was the death-blow of slavery everywhere, though it pretended to refer alone to the states then in the Confederacy.

Professor Shaler, who has been frequently quoted herein because of the clarity of his views and his lack of sectional bias, says of the Emancipation Proclamation: "This proclamation was felt as a blow by a large part of the Union people of Kentucky. Their view was that the rebels were breaking the constitution, while the Federal armies, to which they were giving their support, were endeavoring to maintain that contract. This proclamation was an act that put them, as well as their enemies, in an extra constitutional attitude. They felt that if both sides were to fight outside the constitution, their position. lost the moral and historic value it had at the outset.

"These difficulties, brought about by the proclamation, were naturally increased by the constant interference of the military with unoffending citizens who were suspected of

rebel sympathies. The Union party, and the legislature clinging tenaciously to the civil law, deprecated this action, and by frequent remonstrances with the Federal authorities, from time to time, abated this evil. These interferences with the civil law took two flagrantly unjust forms-the taxing of the socalled rebel sympathizers for the damages done by guerrillas, or by the raiding parties of the enemy. It is impossible to devise any system under the pretense of law that brings about more irritating injustice than does this often-tried but ever-failing measure. The The outrages which the so-called rebel sympathizers were forced to make good, were utterly beyond their control. No American people have ever been subjected to as iniquitous oppression as this system brought about. The other form of the evil arose from the interference of the military authorities at the elections. This was even more unnecessary and more irritating to the lawful Union men than the confiscation of property. For centuries, they and their fathers had guarded the freedom of elections as a sacred heritage. There was no time since the overthrow of neutrality that the Union men did not have a majority of two-thirds of the voters; therefore there was no need of interference.

"One of the most flagrant cases of interference with purely political action, but only one of very many, was that which took place in Frankfort. A convention of the Democratic party, composed of two hundred delegates from one-third of the counties, met to nominate a state ticket. They represented that portion of the people who were mostly in sympathy with the rebellion, though they honestly denied all thought of secession. They were refused the use of the legislative halls for their meetings by the Union legislature, and were denounced by the Union papers as secessionists. Acting upon this public opinion, Colonel Gilbert (of the Federal army) proceeded to break up the convention by military force, ordering the delegates to leave the city and to

refrain from all 'seditious and noisy conversation.' tion.' This high-handed outrage had a great effect upon public opinion in Kentucky. The senate passed a series of resolutions, on motion of Hon. Charles T. Worthington, to the effect that such interference was not desired by the Union men and that it was 'dangerous in its tendencies and should not pass unrebuked.'

"In the August election there was the same interference on the part of the military with the election. This last outrage had not even the palliation of effectiveness. Only a few polling places were under the control of the troops. It exasperated the Union men without restraining the Confederate sympathizers. Thousands of Union men, who had given their property and their blood to the cause of the constitution, lost heart and their interest in the struggle. They had supposed that they were fighting, not for the domination of armies, but for the maintenance of law; for the welfare of the country, and not for the supremacy of a political party that appeared willing to destroy the constitution if it stood in the way of its purpose. So far from condemning this defection of spirit which came upon the people from the overthrow of their laws and subordination of their courts to the military arm, we should rather praise the independence of mind of men who, in the midst of battle, could keep in their hearts this reverence for the foundation of their political life."

The number of those living in the times referred to by Professor Shaler, is, at this day, comparatively small. To those who have come after them and who know not of the era of which he writes, save by hearsay, from the few survivors, and from the story as told on the printed page, it may be said that he was one of the brave defenders of the Union cause; not afraid to risk his life in defense of his principles, and too high-minded to tell aught than a true story of the times of which he was the historian.

On the day following the conclusion of the battle of Shiloh, the Confederate army began a retreat upon Corinth, Mississippi, General Breckinridge and his Kentuckians having the honorable and always dangerous duty of covering the retreat as the rear guard. Thus early in their career as soldiers, did the Kentuckians impress themselves upon those in command as worthy of the highest and most dangerous stations. And they proved their worth in every instance.

Recurring now to the civil history of the state, it may be stated that Governor Magoffin, since his refusal to comply with the requisition of the Federal government to furnish troops to be used against the south, had found. himself so out of accord with those in authority in the general government as to render his further continuance at the head of the government of Kentucky, intolerable. On August 10, 1862, the governor sent to the general assembly a message tendering his resignation, to take effect on the succeeding 18th of August. In this message the governor said:

"At any time within the last eighteen months, I have been willing to resign my office, could I have done so consistently with my self-respect. But the storms of undeserved abuse which have been heaped upon me, and the threats of impeachment, arrest and even assassination, repeatedly made against me, have compelled me to continue in the quiet discharge of my duties. As yet no one has dared, before any tribunal of authority, to prefer charges against me.

My political friends-and by this term, I mean the Southern Rights party, a great many of whom are not and have never been, secessionists-have been subjected to what seems to me, in modern times, an unexampled persecution. It became impossible for me to relieve them, and yet I could not appear to desert them in their need. Could I be assured that my successor would be a conservative, just man, of high position and character, and that his policy would be conciliatory and impartial towards all lawabiding citizens, however they may differ in opinion; that the constitutional rights of the people would be regarded and the subordination of the military to the civil power be insisted on and maintained, I would not hesitate to put aside the cares of office and to tender my best wishes to such an executive. Without a satisfactory assurance to that effect you must admit that, in justice to my friends, I cannot and ought not to resign."

This message from Governor Magoffin brought a new alignment in the senate. Lieutenant Governor Linn Boyd, the president of the senate, chosen at the time of the election of Governor Magoffin, had died and had been succeeded in the presidency of the senate by Senator John F. Fisk. This gentleman, though possessed of many high qualities, was objectionable to many as the successor of Governor Magoffin, should the resignation of the latter be accepted as there was no doubt that it would be. By concert of action between the friends of the governor and those representing opposing opinions Mr. Fisk resigned as president of the senate and was

succeeded by Senator James F. Robinson, an excellent and able man.

Governor Magoffin retired as governor and, under the operation of law, Senator Robinson succeeded him. Governor Robinson was in full accord with the Federal government in relation to the war, but he was "a conservative and just man, of high position and character," such as Governor Magoffin had described in his letter of resignation. Though it cannot be stated as a positive historical fact, there is little doubt that the gubernatorial succession had been arranged previous to the writing of Governor Magoffin's resignation and that he, and the principal members of those representing opposing political opinions, had an understanding as to the succession before his letter was written.

Gen. Jere T. Boyle, a Kentuckian of the highest character and an able man, was at this. time in command of the military district of Kentucky. Under his control of military affairs, the pressure upon those who sympathized with the south had been severe, but not marked with the brutal cruelty which was later to be inflicted upon them by another who was also a Kentuckian, but of a far different type. Many men had been arrested and imprisoned upon bare suspicion. It was these men to whom Governor Magoffin referred in his letter as having been "subjected to unexampled persecution." It is believed, at this It is believed, at this day, that these arrests had for their object the forcing of the governor's resignation and that he correctly concluded that with him out of the executive chair and its new occupant a sympathizer with the Federal authorities, these persecutions would cease in large measure. That his conclusions were largely correct was shown by an order, issued on the date of Governor Robinson's assumption of his new duties, by Col. Henry Dent, the provost marshal at Louisville, who directed that no further arrests for political reasons should be made except for causes contained in Gen

eral Boyle's Order No. 4, and then the causes for an arrest should be set forth specifically and supported by the affidavits of one or more responsible persons. Hitherto, a bare suspicion of alleged disloyalty had been sufficient to cause the arrest and imprisonment of many of the foremost citizens of the state. Provost marshals had often acted upon their own responsibility in making arrests and it seems, also, for their own financial advantage, as is shown by General Boyle's order directing that provost marshals, who, directly or indirectly, took money from persons arrested, in the shape of fees for oaths, bonds or otherwise, should be arrested and brought to his headquarters. There was an immediate relaxation of the rigors of the situation, under these orders, and men felt free to breathe once more without incurring the danger of arrest by men clothed with a little brief authority. In the stress of those days of warfare, there were many who imputed improper motives to General Boyle, but the facts do not bear out the imputation. War is a peril to soldier and citizen alike, though in different degrees, and it is not to be wondered at that the people of Kentucky, accustomed to a peaceful pastoral life, felt very keenly the difference between the quietude of peace and the stress of war, and were prone to ascribe the evils that befell them to the commander and his soldiers who enforced strange, new regulations upon them. and enforced them at the bayonet's point and within prison cells.

But the relief afforded by General Boyle's orders was but temporary. After a short period, now to be referred to, the burden was again to be borne by those Kentuckians who sympathized with the southern cause. In the latter part of the summer of 1862, Gen. Kirby Smith led his command of 15,000 Confederates into Kentucky through Big Creek Gap in the Cumberland mountains, his objective point being the Blue Grass region of the state. General Bragg lay at Chattanooga with 30,000

Confederates; General Stevenson, with 5,000 troops, was south of Cumberland Gap and General Humphrey Marshall, with 3,000 men, was along the Virginia line near by. With his cavalry and detached bodies of troops, General Bragg had perhaps 50,000 men under his command when he undertook his movement upon Kentucky. General Buell, who was to oppose him, had 40,000 troops under his command in middle Tennessee; General George W. Morgan was in Cumberland Gap with 8,000 men, and there were 20,000 available Federal troops in Kentucky. The state was about to learn the full value of neutrality when it ran counter to the march of hostile armies.

Morgan and his cavalry were in the rear of the Federal army, skirmishing daily and sometimes engaging in some real fighting. Gen. R. W. Johnson, a Kentucky officer in the Federal army, was sent out to capture Morgan and destroy his command. He made the effort but failed, losing nearly two hundred of his men killed and wounded and being made a prisoner himself. This was a very gallant struggle upon the part of the two contestants, but the audacity of Morgan, Duke and their gallant followers, was too much for the brave Johnson and his men who had come out so confident of victory, only to return defeated. Morgan captured a train of cars, set it on fire and ran it into a tunnel near Gallatin, Tennessee, causing such damage to the tunnel as could not be repaired for many weeks. It was conduct like this that made Morgan and his men so unpopular on the Federal side of the lines.

Col. John Scott, of the First Louisiana cavalry, commanding a brigade of cavalry, formed the advance guard of the little army under Gen. Kirby Smith which was moving through the mountain region of Kentucky toward the rich Blue Glass section. met and attacked by Col. Leonidas Metcalfe, commanding a regiment of Kentucky Federal cavalry, whom he defeated, the latter losing

He was

fifty men killed and wounded. General Smith, detaching certain forces as precautionary measures, pressed rapidly forward toward Richmond, Kentucky. The detached forces left him but 7,000 men, but these were veterans upon whom he had every reason to depend. At Big Hill, in Madison county, on August 29th, he was met by a Federal force of 8,000 men, under command of General Manson of Indiana. Heavy skirmishing ensued during the day without any particular advantage to either force. On the following morning, General Manson Manson very gallantly marched out his entire command and attacked General Smith. The attack and resistance were alike spirited, resulting in severe losses. on each side. Three times were the Federals driven back, and twice they were rallied and renewed the attack. The third time they broke in confusion and a disastrous retreat followed, from which it was impossible to rally them. Gen. William Nelson, who within a month was to lose his life at the hands of one of his own officers, is said to have ridden fifty miles on relays of horses, to reach the battlefield, arriving in the midst of the total rout of his troops. One who was a participant in the Federal army in this battle, described the action of General Nelson on this occasion as that of a man wholly beside himself. Roaring like a bull of Bashan, as he described him, he rode among the fleeing troops belaboring them over their heads with the flat of his sword and vainly ordering them again. into line. Nelson was desperately wounded while endeavoring to rally his men and, says Smith in his "History of Kentucky," "only escaped with his life by the discreet bravery of Gen. Green Clay Smith (a Kentuckian) who safely bore him from the field and danger." The same authority states that "the Federal loss was over eleven hundred killed and wounded and forty-five hundred prisoners; that of the Confederates, eight hundred and fifty in killed and wounded.”

The utter defeat and rout of these Federal