Chapter Twenty Three
The Hunter is Himself Trapped
Part III
From “Kearny and the Radicals” by Hugh W. McGrath
New England Press 1992
“The critical question that Lincoln and Kearny discussed was the Administration’s response to General Hunter’s murder, and indeed the murder of the 35 pioneers. At the time it was widely believed that General Kearny had overcome the President’s reluctance to make any executions…
General Kearny believed that the executions of Union officers and enlisted men could not go unanswered. In order to prevent further deaths, and indeed to maintain the confidence of the officers and men in the Union army, he would act on his own Special Order 54 if the Administration did not. A general officer of the rebel service would be executed in return for the execution of General Hunter. Furthermore 35 rebel prisoners would likewise be executed for the deaths of the 35 enlisted pioneers…
Much debate and conjecture has arisen over the make up of the 35 rebel prisoners. They were all officers, and of the 35, 33 were unmarried men. Many have seen the hand of Lincoln in the supposed random selection of these men, in an attempt to minimise the deaths to those without wives and children. However the critical decision was Kearny’s in that all those to be shot were officers. As Kearny later wrote “
I cannot blame the brave southern men for fighting in the name of their states, their homes and their families. I can and do blame the late rebellion on the officers and elected officials who have led their section and indeed the whole country into this storm of treason and bloodshed”. Kearny’s attitude to the leadership of the south, rather than its whole population, was to influence Lincoln and indeed the policy of the Administration…”
From “A Day That Will Live in Infamy - the Hunter Controversy” by Prof. J. K. Lang
LSU 2003
“The selection of the officers to be executed was by no means random. To the extent a misguided President sought to limit the sentence to unmarried officers, Secretary Stanton sought to ensure the sentence fell upon those most responsible. Of the officers chosen their origin was as follows:
• South Carolina: 10
• Georgia: 7
• Virginia: 4
• Alabama: 4
• Mississippi: 4
• Tennessee: 2
• North Carolina: 2
• Texas: 1
• Louisiana: 1
Just as the fire-eaters of South Carolina were responsible for secession so to were they held responsible for the bloody turn to murder in their section’s methods…”
From “The War Between the States” by Otis R. Mayhew
Sword & Musket 1992
“Until the death of General Hunter, many jokes had been told about General Robert Toombs of Georgia and General Nathanial Banks of Massachusetts. Though many subsequently captured high ranking prisoners had been exchanged since, these two remained in enemy hands. It was widely noted that Jefferson Davis’ regime was as happy to be without Toombs as Generals Halleck and Kearny were to remain without Banks.
The humor ended when Secretary Stanton confirmed the selection of Robert Augustus Toombs, former Secretary of State for the so called Confederate Government and currently holding the rank of Brigadier General in that service, to be executed in compliance with Special Order 54…”
Brigadier General Robert A. Toombs
From “The Martyr - The Biography of David Hunter” by Ambrose E. Edward Sr.
New England Press 1927
“Though much credit was accorded Phil Kearny for the action of the administration in enforcing Special Order 54, we now know that through the vacillating Lincoln, Kearny was responsible for the cowardly attempt to allow the treasonous administration of Jefferson Davis to save the men in its vile service…”
From “The War Between the States” by Otis R. Mayhew
Sword & Musket 1992
“Via the prisoner cartel truce an ultimatum was passed from Lincoln to Davis. It was Lincoln's last role of the dice. Unless the officer or officers responsible for the executions were handed over to the lawfully mandated authorities of the United States with 10 days, and General Orders 60 and 111 were revoked in a like period, General Robert A. Toombs and 35 officers in the service of the so called Confederate States, would be put to death…”
From “The Unyielding Office – the Presidency of Jefferson Davis” by James L. Caney
Buffalo
“Davis was in an invidious position. He could in good conscience disavow the executions. They had not been carried out in accordance with the terms of General Orders 60 and 111. Furthermore it would have given him great personal satisfaction to hand over Robert Barnwell Rhett to the Federals for execution. The man, according to Davis,
“thought himself the soul and conscience of our cause and thus believes himself above any law or office, most particularly my own…”.
Politically such an act would be impossible. Rhett was now the darling of the fire-eaters and many previously less radical elements from the Deep South. Even now a bill demanding Colonel Rhett’s elevation to Brigadier General was now on the floor on the Confederate Congress. With Richmond threatened by the Army of the Potomac for a second time, many in Davis’ cabinet feared they might soon be relying on the hospitality of the Deep South…
Davis’ response was clear, “
David Hunter, by the laws of the Confederate States of America a criminal, was put to death in accordance with those laws specifically for, but not limited to, the capitol crime of inciting servile insurrection. No other citizens of this nation or of the United States of America were executed on that day as you have claimed…This government will continue to deal with its citizens and its servile population according to its own laws and will not tolerate inference in its institutions from a foreign power…The execution of 36 officers of this country’s service would be crime against the recognised practices of war, and this government will have no option but to retaliate in kind…”
From “The Martyr - The Biography of David Hunter” by Ambrose E. Edward Sr.
New England Press 1927
“The rebel power, by its own admission, did not even consider the negros as citizens of any country. They were simply disposable parts of a servile people. Jefferson Davis was once again condemned by his own wicked hand…”
From “A Day That Will Live in Infamy - the Hunter Controversy” by Prof. J. K. Lang
LSU 2003
“On 18th May 1863 36 men were shot by order of the President. President Lincoln would not allow anyone else to take responsibility, though both General Kearny and Secretary Stanton are on record as offering to sign the Order on their own authority…
In a moving last minute plea, the Pennsylvania soldier responsible for the capture of General Toombs, wrote to both the President and General Kearny pleading for clemency for the southerner…
When asked for his final words, General Toombs took the opportunity to rail, not against his executioners, but against Jefferson Davis. “
Mr. Davis, your actions at the head of our revolutionary government have been the suicide, the murder of our cause, and have lost us every friend in the North. By your actions you have wantonly struck a hornet's nest which extends from mountain to ocean, and legions formerly quiet are now swarming out and will sting us to death. It was unnecessary; you have put us in the wrong; it is fatal”…
From “Yankee Dawdle - the Memoirs of a Private of Pennsylvania” by Anonymous
“I resolved to die before I would take another prisoner. War is pure murder…”