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Morrill Act of 1862

Federal U.S. legislation passed on July 2, 1862, establishing

land grant colleges through the sale of public lands. Sponsored

by Vermont representative Justin S. Morrill, the bill gave to the

states federal lands for the establishment of colleges offering

programs in agriculture, mechanical sciences, and military sci-

ence, as well as other scientific and classical subjects. Gener-

ally considered one of the most important pieces of

educational legislation ever passed, the act spurred the devel-

opment of state universities, made the federal government an

important force in higher education, and helped democratize

that education. Each state was granted 30,000 acres for each

senator and representative in the U.S. Congress.

In 1887 Congress passed an act named for Missouri con-

gressman William H. Hatch that provided federal funds for es-

tablishing experimental stations to conduct agricultural

research. It granted $15,000 annually to each U.S. state “to aid

in acquiring and diffusing among the people . . . useful and

practical information on subjects connected with agriculture,

and to promote scientific investigation and experiment respect-

ing the principles and applications of agricultural science.” The

amount of the original subsidy was raised by later legislation.

________________________

_______________________

An Act

Donating Public Lands to the several States and Territories

which may provide Colleges for the Benefit of Agriculture

and the Mechanic Arts.

Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assem-

bled, That there be granted to the several States, for the

purposes hereinafter mentioned, an amount of public

land, to be apportioned to each State a quantity equal to

thirty thousand acres for each senator and representative

in Congress to which the States are respectively entitled by

the apportionment under the census of eighteen hundred

and sixty: Provided, That no mineral lands shall be selected

or purchased under the provisions of this act.

Sec. 2. And be it further enacted, That the land afore-

said, after being surveyed, shall be apportioned to the sev-

eral States in sections or subdivisions of sections, not less

than one quarter of a section; and whenever there are pub-

lic lands in a State subject to sale at private entry at one

dollar and twenty-five cents per acre, the quantity to which

said State shall be entitled shall be selected from such

lands within the limits of such State, and the Secretary of

the Interior is hereby directed to issue to each of the States

in which there is not the quantity of public lands subject to

sale at private entry at one dollar and twenty-five cents per

acre, to which said State may be entitled under the provi-

sions of this act, land scrip to the amount in acres for the

deficiency of its distributive share: said scrip to be sold by

said States and the proceeds thereof applied to the uses

and purposes prescribed in this act, and for no other use or

purpose whatsoever: Provided, That in no case shall any

State to which land scrip may thus be issued be allowed to

locate the same within the limits of any other State, or of

any Territory of the United States, but their assignees may

thus locate said land scrip upon any of the unappropriated

lands of the United States subject to sale at private entry at

one dollar and twenty-five cents, or less, per acre: And pro-

vided, further, That not more than one million acres shall

be located by such assignees in any one of the States: And

provided, further, That no such location shall be made

before one year from the passage of this act.

Sec. 3. And be it further enacted, That all the expenses

of management, superintendence, and taxes from date of

selection of said lands, previous to their sales, and all

expenses incurred in the management and disbursement

of the moneys which may be received therefrom, shall be

paid by the States to which they may belong, out of the

treasury of said States, so that the entire proceeds of the

sale of said lands shall be applied without any diminution

whatever to the purposes hereinafter mentioned.

Sec. 4. And be it further enacted, That all moneys

derived from the sale of the lands aforesaid by the States

to which the lands are apportioned, and from the sales of

land scrip hereinbefore provided for, shall be invested in

stocks of the United States, or of the States, or some other

safe stocks, yielding not less than five per centum upon the

par value of said stocks; and that the moneys so invested

shall constitute a perpetual fund, the capital of which shall

remain forever undiminished, (except so far as may be pro-

vided in section fifth of this act,) and the interest, of which

shall be inviolably appropriated, by each State which may

take and claim the benefit of this act, to the endowment,

support, and maintenance of at least one college where the

leading object shall be, without excluding other scientific

and classical studies, and including military tactics, to

teach such branches of learning as are related to agricul-

ture and the mechanic arts, in such manner as the legisla-

tures of the States may respectively prescribe, in order to

promote the liberal and practical education of the indus-

trial classes in the several pursuits and professions in life.

Sec. 5. And be it further enacted, That the grant of

land and land scrip hereby authorized shall be made on the

following conditions, to which, as well as to the provisions

hereinbefore contained, the previous assent of the several

States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided

by the foregoing section, or any portion of the interest

thereon, shall, by any action or contingency, be diminished

or lost, it shall be replace by the State to which it belongs,

so that the capital of the fund shall remain forever undi-

minished; and the annual interest shall be regularly

872 ERA 5: Civil War and Reconstruction

applied without diminution to the purposes mentioned in

the forth section of this act, except that a sum, not exceed-

ing ten per centum upon the amount received by any State

under the provisions of this act, may be expended for the

purchase of lands for sites or experimental farms, when-

ever authorized by the respective legislatures of said

States.

Second. No portion of said fund, nor the interest

thereon, shall be applied, directly or indirectly, under any

pretence whatever, to the purchase, erection, preservation,

or repair of any building or buildings.

Third. Any State which may take and claim the bene-

fit of the provisions of this act shall provide, within five

years, at least not less than one college, as described in the

fourth section of this act, or the grant to such State shall

cease; and said State shall be bound to pay the United

States the amount received of any lands previously sold,

and that the title to purchasers under the State shall be

valid.

Fourth. An annual report shall be made regarding the

progress of each college, recording any improvements and

experiments made, with their cost and results, and such

other matters, including State industrial and economical

statistics, as may be supposed useful; one copy of which

shall be transmitted by mail free, by each, to all the other

colleges which may be endowed under the provisions of

this act, and also one copy to the Secretary of the Interior.

Fifth. When lands shall be selected from those which

have been raised to double the minimum price, in conse-

quence of railroad grants, they shall be computed to the

States at the maximum price, and the number of acres pro-

portionally diminished.

Sixth. No State while in a condition of rebellion or

insurrection against the government of the United States

shall be entitled to the benefit of this act.

Seventh. No State shall be entitled to the benefits of

this act unless it shall express its acceptance thereof by its

legislature within two years from the date of its approval by

the President.

Sec. 6. And be it further enacted, That land scrip

issued under the provisions of this act shall not be subject

to location until after the first day of January, one thousand

eight hundred and sixty-three.

Sec. 7. And be it further enacted, That the land offi-

cers shall receive the same fees for locating land scrip

issued under the provisions of this act as is now allowed for

the location of military bounty land warrants under exist-

ing laws; Provided, their maximum compensation shall not

be thereby increased.

Sec. 8. And be it further enacted, That the Governors

of the several States to which scrip shall be issued under

this act shall be required to report annually to Congress all

sales made of such scrip until the whole shall be disposed

of, the amount received for the same, and what appropria-

tion has been made of the proceeds.

Source:

Statutes at Large, Vol. 12, pp. 503–505.

Abraham Lincoln,

Reply to Horace Greeley, 1862

Horace Greeley, founder and editor of the

New York Tribune,

addressed an open letter to President Abraham Lincoln, which

he published in that newspaper on August 19, 1862. An ardent

foe of slavery, Greeley exhorted Lincoln to commit himself to

emancipation. He urged Lincoln to enforce strictly the provi-

sions of the Confiscation Act of 1862 and to ignore the influ-

ence of proslavery “fossil politicians” from the border states.

Greeley urged that the Union’s efforts were suffering from mis-

taken deference to Rebel slavery. He opposed any concessions

to or temporizing with armed traitors.

The president’s reply, published August 22, 1862, in the

Tribune,

explained that his goal was neither to save nor to

destroy slavery but to save the Union: “If I could save the

Union without freeing

any

slave, I would do it; and if I could

save it by freeing

all

the slaves, I would do it; and if I could do

it by freeing some and leaving others alone, I would also do

that.” He noted that this statement represented his view of his

official duty and did not alter his personal wish that “all men,

everywhere, could be free.”

________________________

_______________________

Hon. Horace Greeley: Executive Mansion, Washington,

August 22, 1862.

Dear Sir

I have just read yours of the 19th. addressed to myself

through the New-York Tribune. If there be in it any state-

ments, or assumptions of fact, which I may know to be

erroneous, I do not, now and here, controvert them. If

there be in it any inferences which I may believe to be

falsely drawn, I do not now and here, argue against them.

If there be perceptable in it an impatient and dictatorial

tone, I waive it in deference to an old friend, whose heart

I have always supposed to be right.

As to the policy I “seem to be pursuing” as you say, I

have not meant to leave any one in doubt.

I would save the Union. I would save it the shortest

way under the Constitution. The sooner the national

authority can be restored; the nearer the Union will be

“the Union as it was.” If there be those who would not save

the Union, unless they could at the same time save slavery,

I do not agree with them. If there be those who would not

save the Union unless they could at the same time destroy

The Civil War Years 873

slavery, I do not agree with them. My paramount object in

this struggle is to save the Union, and is not either to save

or to destroy slavery. If I could save the Union without

freeing any slave I would do it, and if I could save it by

freeing all the slaves I would do it; and if I could save it by

freeing some and leaving others alone I would also do that.

What I do about slavery, and the colored race, I do because

I believe it helps to save the Union; and what I forbear, I

forbear because I do not believe it would help to save the

Union. I shall do less whenever I shall believe what I am

doing hurts the cause, and I shall do more whenever I shall

believe doing more will help the cause. I shall try to cor-

rect errors when shown to be errors; and I shall adopt new

views so fast as they shall appear to be true views.

I have here stated my purpose according to my view of

official duty; and I intend no modification of my oft-

expressed personal wish that all men every where could be

free. Yours, A. Lincoln

Source:

Abraham Lincoln, Abraham Lincoln, Speeches and Writings,

1859–65. New York: Library of America, 1989, pp. 357–358.

Benjamin Franklin Butler,

Order No. 28, 1862

Order issued by General Benjamin Franklin Butler, military

governor of Union-occupied New Orleans, on May 15, 1862.

Because of the hostility and insults directed toward Union

troops by New Orleans residents, particularly women, Butler

ordered that any female insulting or showing contempt for any

U.S. officer or soldier should be treated as a prostitute. This

order and other dictatorial actions raised a storm of public

protest and earned Butler the title the “beast of New Orleans.”

He was removed from command of New Orleans on Decem-

ber 16, 1862.

________________________

_______________________

GENERAL ORDERS, NO. 28.

Hdqrs. Department of the Gulf, New Orleans, May, 15,

1862.

As the officers and soldiers of the United States have

been subject to repeated insults from the women (calling

themselves ladies) of New Orleans in return for the most

scrupulous non-interference and courtesy on our part, it is

ordered that hereafter when any female shall by word, ges-

ture, or movement insult or show contempt for any officer

or soldier of the United States she shall be regarded and

held liable to be treated as a woman of the town plying her

avocation.

By command of Major-General Butler

Source:

The War of the Rebellion: A Compilation of the Official Records

of the Union and Confederate Armies. Ser. 1, Vol. 15. Wash-

ington, D.C.: Government Printing Office, 1886. (Courtesy

of Museum of the Confederacy, Richmond, Virginia.)

Abraham Lincoln,

Emancipation Proclamation, 1863

Edict issued in preliminary form on September 22, 1862, and

in final form on January 1, 1863, by President Abraham Lin-

coln, freeing all slaves in territories under Confederate control.

It did not address the issue of slaves in states that had sided

with the Union and thus did not apply to almost one-quarter

of the nation’s 4 million slaves. The proclamation enjoined the

freed slaves to refrain from violence, except in self-defense,

and opened the armed services to the former slaves. Lincoln,

though personally opposed to slavery, had long resisted aboli-

tionist urgings in order to avoid alienating border states. But by

1862 he concluded that emancipation was a military neces-

sity. The final proclamation, which had no immediate effect in

the Confederacy, mainly served to enhance the Union cause:

The North was no longer fighting to preserve the old Union

but to create a new one. The proclamation encouraged sup-

port for the Union in Europe, infuriated the South, and drew a

mixed reaction in the North.

The Women’s National Loyal League, an organization

composed of Northern women, however, thanked President

Lincoln for signing the Emancipation Proclamation and

praised him for freeing millions of women “from the foulest

bondage” and for protecting motherhood. Nevertheless, the

following year a petition of more than 100,000 signatures was

sent to Congress urging it to pass complete emancipation.

________________________

_______________________

Whereas, on the twenty-second day of September, in the

year of our Lord one thousand eight hundred and sixty-

two, a proclamation was issued by the President of the

United States, containing, among other things, the follow-

ing, to wit:

“That on the first day of January, in the year of our Lord

one thousand eight hundred and sixty-three, all persons

held as slaves within any state, or designated part of a state,

the people whereof shall then be in rebellion against the

United States, shall be then, thenceforward, and forever

free; and the Executive government of the United States,

including the military and naval authority thereof, will rec-

ognize and maintain the freedom of such persons, and will

do no act or acts to repress such persons, or any of them, in

any efforts they may make for their actual freedom.

“That the Executive will, on the first day of January

aforesaid, by proclamation, designate the states and parts

874 ERA 5: Civil War and Reconstruction

of states, if any, in which the people thereof respectively

shall then be in rebellion against the United States; and the

fact that any state, or the people thereof, shall on that day

be in good faith represented in the Congress of the United

States by members chosen thereto at elections wherein a

majority of the qualified voters of such state shall have par-

ticipated, shall in the absence of strong countervailing tes-

timony be deemed conclusive evidence that such state and

the people thereof are not then in rebellion against the

United States.”

Now, therefore, I, Abraham Lincoln, President of the

United States, by virtue of the power in me vested as

commander-in-chief of the army and navy of the United

States, in time of actual armed rebellion against the

authority and government of the United States, and as a

fit and necessary war measure for suppressing said rebel-

lion, do, on this first day of January, in the year of our

Lord one thousand eight hundred and sixty-three, and in

accordance with my purpose so to do, publicly proclaim

for the full period of 100 days from the day first above

mentioned, order and designate as the states and parts of

states wherein the people thereof, respectively, are this

day in rebellion against the United States, the following,

to wit:

Arkansas, Texas, Louisiana (except the parishes of St.

Bernard, Plaquemines, Jefferson, St. John, St. Charles, St.

James, Ascension, Assumption, Terre Bonne, Lafourche,

St. Mary, St. Martin, and Orleans, including the city of

New Orleans), Mississippi, Alabama, Florida, Georgia,

South Carolina, North Carolina, and Virginia (except the

forty-eight counties designated as West Virginia, and also

the counties of Berkeley, Accomac, Northampton, Eliza-

beth City, York, Princess Ann, and Norfolk, including the

cities of Norfolk and Portsmouth), and which excepted

parts are for the present left precisely as if this proclama-

tion were not issued.

And by virtue of the power and for the purpose afore-

said, I do order and declare that all persons held as slaves

within said designated states and parts of states are, and

henceforward shall be, free; and that the Executive gov-

ernment of the United States, including the military and

naval authorities thereof, will recognize and maintain the

freedom of said persons.

And I hereby enjoin upon the people so declared to be

free to abstain from all violence, unless in necessary self-

defense; and I recommend to them that, in all cases when

allowed, they labor faithfully for reasonable wages.

And I further declare and make known that such per-

sons of suitable condition will be received into the armed

service of the United States to garrison forts, positions, sta-

tions, and other places, and to man vessels of all sorts in

said service. And upon this act, sincerely believed to be an

act of justice, warranted by the Constitution upon military

necessity, I invoke the considerate judgment of mankind

and the gracious favor of Almighty God.

Source:

John Scott, ed. Living Documents in American History. New

York: Washington Square Press, 1964–68.

Habeas Corpus Act of 1863

Legislation enacted on March 3, 1863, that granted the presi-

dent the power to suspend the privilege of habeas corpus. The

habeas corpus writ states that no one can be imprisoned indef-

initely without being charged in a court of law. President Abra-

ham Lincoln had argued for the suspension of the writ because

of the extenuating circumstances caused by the Civil War.

A similar power of indefinite detention was granted

against alleged communists in early cold war regulations es-

tablished by the Department of Justice and was claimed in

2002 by President George W. Bush regarding possible terror-

ists, although in neither case was there a declared war.

________________________

_______________________

An Act

Relating to Habeas Corpus, and regulating Judicial Pro-

ceedings in Certain Cases.

Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assem-

bled, That, during the present rebellion, the President of

the United States, whenever, in his judgment, the public

safety may require it, is authorized to suspend the privilege

of the writ of habeas corpus in any case throughout the

United States, or any part thereof. And whenever and

wherever the said privilege shall be suspended, as afore-

said, no military or other officer shall be compelled, in

answer to any writ of habeas corpus, to return the body of

any person or persons detained by him by authority of the

President; but upon the certificate, under oath, of the offi-

cer having charge of any one so detained that such person

is detained by him as a prisoner under authority of the

President, further proceedings under the writ of habeas

corpus shall be suspended by the judge or court having

issued the said writ, so long as said suspension by the Pres-

ident shall remain in force, and said rebellion continue.

Sec. 2. And be it further enacted, That the Secretary of

State and the Secretary of War be, and they are hereby,

directed, as soon as may be practicable, to furnish to the

judges of the circuit and district courts of the United States

and of the District of Columbia a list of the names of all

persons, citizens of states in which the administration of

the laws has continued unimpaired in the said Federal

courts, who are now, or may hereafter be, held as prison-

The Civil War Years 875

ers of the United States, by order or authority of the Pres-

ident of the United States or either of said Secretaries, in

any fort, arsenal, or other place, as state or political pris-

oners, or otherwise than as prisoners of war; the said list to

contain the names of all those who reside in the respective

jurisdictions of said judges, or who may be deemed by the

said Secretaries, or either of them, to have violated any law

of the United States in any of said jurisdictions, and also

the date of each arrest; the Secretary of State to furnish a

list of such persons as are imprisoned by the order or

authority of the President, acting through the State

Department, and the Secretary of War a list of such as are

imprisoned by the order or authority of the President, act-

ing through the Department of War. And in all cases where

a grand jury, having attended any of said courts having

jurisdiction in the premises, after the passage of this act,

and after the furnishing of said list, as aforesaid has termi-

nated its session without finding an indictment or present-

ment, or other proceeding against any such person, it shall

be the duty of the judge of said court forthwith to make an

order that any such prisoner desiring a discharge from said

imprisonment be brought before him to be discharged;

and every officer of the United States having custody of

such prisoner is hereby directed immediately to obey and

execute said judge’s order; and in case he shall delay or

refuse so to do, he shall be subject to indictment for a mis-

demeanor, and be punished by a fine of not less than five

hundred dollars and imprisonment in the common jail for

a period not less than six months, in the discretion of the

court: Provided however, That no person shall be dis-

charged by virtue of the provisions of this act until after he

or she shall have taken an oath of allegiance to the Gov-

ernment of the United States, and to support the Consti-

tution thereof; and that he or she will not hereafter in any

way encourage or give aid and comfort to the present

rebellion, or the supporters thereof: And provided, also,

That the judge or court before whom such person may be

brought, before discharging him or her from imprison-

ment, shall have power, on examination of the case, and, if

the public safety shall require it, shall be required to cause

him or her to enter into recognizance, with or without

surety, in a sum to be fixed by said judge or court, to keep

the peace and be of good behavior towards the United

States and its citizens, and from time to time, and at such

times as such judge or court may direct, appear before said

judge or court to be further dealt with, according to law, as

the circumstances may require. And it shall be the duty of

the district attorney of the United States to attend such

examination before the judge.

Sec. 3. And be it further enacted, That in case any of

such prisoners shall be under indictment or presentment

for any offence against the laws of the United States, and

by existing laws bail or a recognizance may be taken for

the appearance for trial of such person, it shall be the

duty of said judge at once to discharge such person upon

bail or recognizance for trial as aforesaid. And in case the

said Secretaries of State and Was shall for any reason

refuse or omit to furnish the said list of persons held as

prisoners as aforesaid at the time of the passage of this act

within twenty days thereafter, and of such persons as

hereafter may be arrested within twenty days from the

time of the arrest, any citizen may, after a grand jury shall

have terminated its session without finding an indictment

or presentment, as provided in the second section of this

act, by a petition alleging the facts aforesaid touching any

of the persons so as aforesaid imprisoned, supported by

the oath of such petitioner or any other credible person,

obtain and be entitled to have the said judge’s order to

discharge such prisoner on the same terms and conditions

prescribed in the second section of this act: Provided,

however, That the said judge shall be satisfied such alle-

gations are true.

Sec. 4. And be it further enacted, That any order of the

President, or under his authority, made at any time during

the existence of the present rebellion, shall be a defence in

all courts to any action or prosecution, civil or criminal,

pending, or to be commenced, for any search, seizure,

arrest, or imprisonment, made, done, or committed, or

acts omitted to be done, under and by virtue of such order,

or under color of any law of Congress, and such defence

may be made by special plea, or under the general issue.

Sec. 5. And be it further enacted, That if any suit or

prosecution, civil or criminal, has been or shall be com-

menced in any state court against any officer, civil or mil-

itary, or against any other person, for any arrest of

imprisonment made, or other trespasses or wrongs done

or committed, or any act omitted to be done, at any time

during the present rebellion, by virtue or under color of

any authority derived from or exercised by or under the

President of the United States, or any act of Congress, and

the defendant shall, at the time of entering his appearance

in such court, or if such appearance shall have been

entered before the passage of this act, then at the next ses-

sion of the court in which such suit or prosecution is

pending, file a petition, stating the facts and verified by

affidavit, for the removal of the cause for trial at the next

circuit court of the United States, to be holden in the dis-

trict where the suit is pending, and offer good and suffi-

cient surety for his filing in such court, on the first day of

its session, copies of such process and other proceedings

against him, and also for his appearing in such court and

entering special bail in the cause, if special bail was origi-

nally required therein. It shall then be the duty of the

state court to accept the surety and proceed no further in

the cause or prosecution, and the bail that shall have been

originally taken shall be discharged. And such copies

876 ERA 5: Civil War and Reconstruction

being filed as aforesaid in such court of the United States,

the cause shall proceed therein in the same manner as if

it had been brought in said court by original process,

whatever may be the amount in dispute or the damages

claimed, or whatever the citizenship of the parties, any

former law to the contrary notwithstanding. And any

attachment of the goods or estate of the defendant by the

original process shall hold the goods or estate so attached

to answer the final judgment in the same manner as by the

laws of such state they would have been holden to answer

final judgment had it been rendered in the court in which

the suit or prosecution was commenced. And it shall be

lawful in any such action or prosecution which may be

now pending, or hereafter commenced, before any state

court whatever, for any cause aforesaid, after final judg-

ment, for either party to remove and transfer, by appeal,

such case during the session or terms of said court at

which the same shall have taken place, from such court to

the next circuit court of the United States to be held in the

district in which such appeal shall be taken, in manner

aforesaid. And it shall be duty of the person taking such

appeal to produce and file in the said circuit court attested

copies of the process, proceedings, and judgment in such

cause; and it shall also be competent for either party,

within six months after the rendition of a judgment in any

such cause, by writ of error or other process, to remove

the same to the circuit court of the United States of that

district in which such judgment shall have been rendered;

and the said circuit court shall thereupon proceed to try

and determine the facts and the law in such action, in the

same manner as if the same had been there originally

commenced, the judgment, in such case notwithstanding.

And any bail which may have been taken, or property

attached, shall be holden on the final judgment of the said

circuit court in such action, in the same manner as if no

such removal and transfer had been made, aforesaid. And

the state court, from which any such action, civil or crim-

inal, may be removed and transferred as aforesaid, upon

the parties giving good and sufficient security for the pros-

ecution thereof, shall allow the same to be removed and

transferred, and proceed no further in the case: Provided,

however, That if the party aforesaid shall fail duly to enter

the removal and transfer, as aforesaid, in the circuit court

of the United States, agreeably to this act, state court, by

which judgment shall have been rendered, and from

which the transfer and removal shall have been made, as

aforesaid, shall be authorized, on motion for that purpose,

to issue execution, and to carry into effect any such judg-

ment, the same as if no such removal and transfer had

been made. And provided also, That no such appeal or

writ of error shall be allowed in any criminal action or

prosecution where final judgment shall have been ren-

dered in favor of the defendant or respondent by the state

court. And if in any suit hereafter commenced the plain-

tiff is nonsuited or judgment pass against him, the defen-

dant shall recover double costs.

Sec. 6. And be it further enacted, That any suit or pros-

ecution described in this act, in which final judgment may

be rendered in the circuit court, may be carried by writ of

error to the supreme court, whatever may be the amount

of said judgment.

Sec. 7. And be it further enacted, That no suit or pros-

ecution, civil or criminal, shall be maintained for any arrest

or imprisonment made, or other trespasses or wrongs done

or committed, or act omitted to be done, at any time dur-

ing the present rebellion, by virtue or under color of any

authority derived from or exercised by or under the Presi-

dent of the United States, or by or under any act of

Congress, unless the same shall have been commenced

within two years next after such arrest, imprisonment, tres-

pass, or wrong may have been done or committed or act

may have been omitted to be done: Provided, That in no

case shall the limitation herein provided commence to run

until the passage of this act, so that no party shall, by virtue

of this act, be debarred of his remedy by suit or prosecu-

tion until two years from and after the passage of this act.

Source:

Statutes at Large, Vol. 12, pp. 755–758.

Samuel Cormany,

Battle of Gettysburg, 1863

These excerpts from Samuel Cormany’s diary give his per-

spective on the climactic battle of Gettysburg, in which the

Union was victorious. Very little is known about Samuel, a

resident of Chambersburg, Pennsylvania, who enlisted in the

Union army. He and his wife, Rachel, whose diary is also

excerpted here, later moved to Missouri. Samuel’s name

appears on the Pennsylvania monument at Gettysburg.

The battle itself was a turning point in the war. General

Robert E. Lee had moved his entire army into Pennsylvania.

He was confronted by General George Gordon Meade. The

Confederate troops held out for four days but were routed after

George E. Pickett’s charge resulted in defeat. The Union army

had an opportunity to capture Lee’s remaining troops when

they were stopped by the flooded Potomac River, but Meade

hesitated too long. The waters receded and Lee’s army

escaped.

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July 1, 1863 Wednesday. I had a fine chicken breakfast—

and a feast of other good things. Took up march for Han-

over. Very fine rich country–and such fine water–Settlers

The Civil War Years 877

are Old Style People. Many Dunkerds [German Protestant

sect]. We were given any amount to eat all along the way—

The Rebs who had passed this way acted very meanly—All

around—demanding setters to pay money to exempt

horses from being taken and barns and houses from being

burned—One old man said he paid $100 to exempt 2

horses—another paid $23 to save his horse–still another—

$100 to save his barn. We found this hideous thing to be

quite common–We struck Hanover at dark. Found N.C. R.

R. badly torn up. During the day we heard heavy canonad-

ing–and later musketry firing—in the direction of Gettys-

burg. Rumor was, “Theres a Battle on at Gettysburg” and

was not hard to believe—Some of our Cavalry had fought

desperately here today, early—Charging into the enemy’s

rear and flanks—Killed some 30 rebs and hustled large

forces on their way. So they had to abandon their dead and

some of their wounded—We lay on arms in a field for the

night—we were well fed, but awfully tired and sleepy—A

shower of rain failed to awaken me—I was lying in a fur-

row, an old furrow. I partially awakened in the night feel-

ing coolish on my lower side—but didn’t fully awake. In

the morning I discovered that water had run down the fur-

row—and I had “dam’d” it somewhat and so was pretty wet

from below, while my poncho had kept me dry from the

top—

July 2, 1863 Thursday. More or less Picket firing all

night—We were aroused early, and inspection showed a

lot of our horses too lame and used up for good action–So

first, our good mounts were formed for moving out, and

were soon off—with the Brigade and took Reb. Genl.

Steward by surprise on the Deardorf Farm—on right and

rear of the army line—where Steward was expected to at

least annoy the rear of Genl Mead—But our boys charged

him—and after severe fighting dealt him an inglorious

defeat and later in the day came in and lay on arms in the

rear of Meads right—While our mounted men were pay-

ing attention to Genl Steward, we fellows had our horses

cared for and were marched down to the right of the main

line—to occupy a gap and do Sharpshooting—at long

range, with our Carbines—we soon attracted attention,

and later an occasional shell fell conspicuously close—but

far enough to the rear of us so we suffered no serious

harm. Towards noon firing became more general and in

almost all directions–and we were ordered to our

horses—and joined our returned heroes, and lay in readi-

ness for any emergency—The general battle increased in

energy—and occasional fierceness—and by 2 P.M. the

canonading was most terrific and continued til 5 P.M. and

was interspersed with musketry—and Charge—yells and

everything that goes to making up the indescribable bat-

tle of the best men on Earth, seemingly in the Fight to the

Finish—At dark, our Cav Brig–2nd Brig 2” Div—was

moved to the left–many wounded came in—Taken as a

whole from all one can see from one point—it seems as

tho our men—The Union Army—is rather overpowered

and worsted—Lay on arms to rest—Little chance to feed

and eat.

July 4, 1863 Saturday. The great battle closed and

quieted with the closing day—Some firing at various

points—Our Regt layed on arms with Pickets out–on

the ground where we had put in most of the day–Rather

expecting attack momentarily—Rained furiously during

the night—We had fed, eaten, and were standing “to

horse” when about 6 ock NEWS CAME—“The Rebs are

falling back!” and “Our Forces are following them” and

our Regt went out towards Hunterstown reconnoitering.

We found some confederates who had straggled, or were

foraging, not knowing yet what had happened and

was taking place—Of course, our Boys took them

in–Making a little detour I captured two. Sergt. Major J.

T. Richardson and Private Cox 9th Va Cav—disarming

them and bringing them in—I guarded them—while

the Regt gathered in some others—P.M. Captain Hughes

came along and paroled them—and we were ordered

to camp near Hanover—where we first lay on arriving

near Gettysburg—Evening awfully muddy and disagree-

able—I saw much of the destructiveness of the Johnies

today—