Union Regiments by State
Delaware
Source: The Union Army, Vol. I. Madison, Wisconsin: Federal Publishing Company, 1908.
Military Affairs in Delaware
1861—65
Delaware, as an exposed and frontier slave-holding state, had a larger practical interest in the maintenance of the guarantees of the constitution in regard to slavery than many of the inflammable seceded states. From her geographical position, she had a heavier stake, proportionately, in the preservation of the Union, so far as her material prosperity was concerned, than many of her sister commonwealths. This was clearly demonstrated by a consideration of the sources of her wealth, the nature and direction of her industry and of her commerce, external and internal. Bound to the constitution and the United States by every tie that interest could weave or strengthen, she had been uniformly faithful to the performance of every obligation imposed by the one or suggested by her devotion to the other. Not only this, but in all the dissensions which sectional feeling and fanatical agitation had promoted, her support had always been given to moderate doctrines and conciliatory counsels. Sympathizing with the South, in what that section considered its wrongs and just resentments, and ready at all times to make common cause with it in the constitutional maintenance of its rights, Delaware had always kept aloof from its mad heresies and passionate bitterness. Disturbed more than any of the cotton states by the aggressions of the North, and prompt to repel them within the limits of her constitutional resources and federal allegiance, she did nothing whatever to widen the breach between the antagonistic sections of the republic or to weaken the hands of those conservative Northern citizens who were at the time nobly struggling to maintain the good faith and integrity of the national compact. In the position in which Delaware had thus historically assumed the election of 1860 had rooted her still more firmly. She had given her electoral vote to the candidate (Breckinridge) by whom the extreme contentions of the South with regard to its constitutional rights were most emphatically and exclusively represented, and at the same time, through her whole press and with the united voice of all the political parties within her borders, she proclaimed her fixed determination to take her stand within the circle of the Union and protect herself by the Constitution only. 507
On January 2, 1861, the legislature assembled at Dover, the capital, and on the next day the commissioner from Mississippi, Henry Dickinson, appeared before the house and made an address. In the name of the state of Mississippi he invited Delaware to join the Southern Confederacy which was about to be formed. He claimed the right of a state to secede from the Federal union and said if it was not admitted, war would be inevitable. After his speech the house resolved unanimously and the senate concurred by a majority that, "having extended to the Hon. H. Dickinson, the commissioner of Mississippi, the courtesy due him as the representative of a sovereign state of the Confederacy, as well as to the state he represents, we deem it proper and due to ourselves and the people of Delaware to express our unqualified disapproval of the remedy for existing difficulties suggested by the resolutions of the legislature of Mississippi." The delegates appointed from Delaware to the Peace Conference at Washington on February 4, were George B. Rodney, Daniel M. Bates, Henry Ridgely, John W. Houston, and William Cannon, and in the instructions to these delegates the legislature declared that, in the opinion of "this general assembly, the people of Delaware are thoroughly devoted to the perpetuity of the Union, and thr.t the commissioners appointed are expected to emulate the example set by the immortal patriots who formed the Federal Constitution, by sacrificing all minor considerations upon the altar of the Union."
Fort Sumter having fallen and the president having called for troops, in compliance with the requisition of the secretary of war, Governor Burton issued a proclamation on April 23, calling for the enlistment of volunteers. It was as follows:
"Whereas, a requisition has been made upon the undersigned as executive of the said state of Delaware, by the secretary of war, for one regiment. consisting of 780 men, to be immediately detached from the militia of this state, 'to serve as infantry or riflemen for the period of three months. unless sooner discharged;' and, whereas, the laws of this state do not confer upon the executive any authority enabling him to comply with such requisition, there being no organized militia nor any law requiring such organization; and whereas, it is the duty of all good and law abiding citizens to preserve the peace and sustain the laws and government under which we live, and by which our citizens are protected:
"Therefore, I, William Burton, governor of the said state of Delaware, recommend the formation of volunteer companies for the protection of the lives and property of the people of this state against violence of any sort to which they may be exposed. For these purposes such companies, when formed, will be under the control of the state authorities, though not subject to be ordered by the executive into the United States service—the law not vesting in him such authority. They will, however, have the option of offering their services to the general government for the defense of its capital and the support of the constitution and laws of the country."
The state had no militia for the governor to call out, therefore his object was to encourage the formation of volunteer companies. That was the utmost extent to which he could officially act and it was in compliance with the wishes of a large majority of the people of the state who were resolved to sustain the government and defend the Union without regard to the person who might be the president of the United States. On May 1, the governor, finding that volunteers were freely offered, issued the following orders:
"The undersigned, the constitutional commander of the forces of the state of Delaware, directs that those volunteer companies of the state that desire to be mustered into the service of the United States, under the call of the president, will rendezvous to the city of Washington with the least possible delay, where they will be mustered into the service of the United States by Major Ruff, who has been detailed by the war department for that purpose, and who has reported himself to me and received my instructions. The regiment will consist of ten companies, to serve for the period of three months.
William Burton,
"Governor and Commander-in-Chief."
A regiment was promptly formed and mustered into the service of the United States. It consisted of three-months' men, and numbered about 775. Subsequently two regiments, containing about 2,000 men, were enlisted for the war, equipped by the state, and mustered in the United States army.
Still a portion of the people of the state were not disposed to sustain, by active efforts, the hostilities in which the Federal government had now become involved. They thought that the power of the North would be insufficient to bring the Southern states back into the Union; and if they ever again became a part of it, they must come back voluntarily. Assuming this position, the views entertained under it were exceedingly various and some possessed so great latitude as to embrace those who favored the cause of the Confederate states. To those even who honestly entertained these views, war held out no prospect but that of mutual destruction. A separation and an acknowledgment of the Confederacy were regarded as the course of wisdom. Some believed that by peace and conciliation the seceding states might finally be induced to return. The peace men in Delaware, and in fact in all the Northern states, were thus actuated. although some carried their views to an extreme. As a general fact they were men who loved the Union and earnestly desired its restoration. They had no antipathy to the institutions of the Southern states and were in a manner devoid of every feeling of interest or anxiety on the point concerning which those who elected the Federal administration and those who plotted and organized the Confederate states had for years been at issue. With them, as with Senator Douglas of Illinois, "war was final, inevitable dissolution." In Delaware there were not only many citizens opposed to the war, but there were a few who heartily desired the success of the Confederate states. The secretary of war, in his report to the session of Congress which commenced in December, 1861, said: "At the date of my last report in July, the states of Delaware, Maryland, Kentucky and Missouri, were threatened with rebellion. In Delaware, the good sense and patriotism of the people have triumphed over the unholy schemes of traitors."
On June 27, a "peace" convention assembled at Dover and was held in the open air. A large number of persons—nearly 2,000—being present. The first speaker began by observing that eleven states had gone out of the Union, which he deplored, but they were determined to go out, and had gone, acting upon the glorious principle that all government derived its power from the consent of the governed. "They, 8,000,000 of freemen, had resented continued aggression and intermeddling, until the election of a Republican placed the last feather upon the back of the people, and they had calmly, quietly, determinedly retired. In God's name let them go unmolested. Would Delaware give money or men to hold states as conquered provinces, or allow the seceded states to be governed by free people in whatever manner they chose to be governed? Could the South be subjugated? Never. All the wealth of mines and kingdoms would not restore the country to its unembarrassed condition. All expenditures were needless, as there were not enough men in the North to conquer a free people fighting for their rights, even against any odds. Who would not, therefore, favor peace now, if ages would still produce the same results? Let the tax-payers of Delaware come forth for peace, which would accomplish all that war could do." The speaker was followed by Hon. Thomas F. Bayard in a lengthy, calm and temperate speech. He reminded his hearers that "with this secession, or revolution, or rebellion, or by whatever name it may be called, the state of Delaware has naught to do. To our constitutional duties toward each and every member of this Union we have been faithful at all times. Never has a word, a thought, an act of ours been unfaithful to the union of our fathers; in letter and in spirit it has been faithfully kept by us." But he adverted to the horrors of a fratricidal war on so gigantic a scale, the ruin that would be wrought, and the danger that, whatever might be the issue, which no man then could foresee, constitutional liberty might perish in the struggle. Better, he thought, "while deeply deploring the revolution which has severed eleven states from the Union," if a peaceful accommodation was impossible, that the discontented states should be allowed to withdraw than run the awful risk of such a war. His calm and earnest eloquence had great weight, and the meeting resolved "that there was no necessity for convening the legislature." Mr. Bayard's speech calmed down the state of excitement which prevailed at the meeting. "It brought to men's minds," as a leading Delawarean said, "the fact that they were in the Union —had no part in the rebellion, and that it was their duty to remain as they were and to keep Delaware as one of the United States." In this, as ever, Mr. Bayard proved himself faithful to the Constitution and the Union under it, his devotion to which never wavered, as witness his public record, from first to last. Of the resolutions adopted at this meeting, the first repudiated war in any case and preferred a peaceable recognition of the Confederate states to the shedding of blood. The second stated that the appellation "traitor," as applied to citizens of Delaware using the right of free speech, could neither intimidate nor convince them. The other resolutions related to local affairs. The effect of all these movements was not only to call in question the uprightness of the contest, but also to withhold and embarrass, so far as their small influence extended, the energy of the government. The popular favor, however, was so strong in support of the government and of a vigorous prosecution of the war, that in consequence of the indignation manifested by the people and the arrest by the government of persons of disloyal sentiments, all these "peace" movements soon subsided.
On November 25 the legislature of the state assembled at Dover. The governor, in his message to that body, said: "Our citizens have acted in a manner highly creditable to them and well deserve the quiet they have enjoyed. Those, if there be any, and doubtless there are some everywhere, whose sympathies incline to the South, are quiescent, laying no impediments in the way of the government, nor affording its enemies any sort of aid. Some of the innumerable rumors afloat throughout the country may, perhaps, represent a different state of things; but were the test of truth properly applied to these reports, most of them would be found wholly unreliable." Some movement was made at this session to pass a bill, providing for the ultimate abolition of slavery within the state. The scheme was based upon the payment by the United States of a certain sum to establish a fund towards securing full and fair compensation to the owners. It was not successful.
The state raised its quotas for the volunteer army under the calls of July and August, 1862, without resort to drafting, and in all about 5,000 men had been furnished by the state at the close of that year.
At the autumn election in 1862 William Cannon, the candidate of the Republican-Union party, was elected governor, and was inaugurated in the following January, at which time a biennial session of the legislature commenced. That body consisted of 9 senators and 21 representatives, the division being as follows: Senate—administration 4, opposition 5; House—administration 7, opposition 14. Soon after the commencement of the session the following resolutions passed both houses:
"Whereas, the government of the United States and the several states are governments of laws, within the limits of which all officials find their rightful powers, and outside of which no official has any just claim to power or to obedience from his fellow citizens; and whereas, William Cannon, the governor of this state, in his inaugural address, has avowed the false and dangerous doctrine that 'reasonable ground for suspicion' can justify the arbitrary arrest and incarceration in prisons, far removed from the district of their residence, of citizens against whom no warrant has been issued or charge made according to law; and has unblushingly published his approval of these cruel and lawless arrests of his own fellow citizens; and, Whereas, he has thus proved himself by this avowal the weak but willing tool of Federal usurpation and a governor unworthy the respect and confidence of his fellow citizens—one to whom they can look for no just protection of their rights of person and of property; therefore be it
"Resolved, That the doctrines of Governor Cannon's address, in regard to arbitrary and lawless arrests are, if carried out, fatal to constitutional liberty, destructive of the peace and security of our people, and deserve and hereby receive, at the hands of the legislature of Delaware, prompt and indignant repudiation, and are declared worthy of the severest reprehension of a people who inherit the privileges of freemen and wish to preserve them unimpaired."
The resolutions were followed by the passage of an act to prevent "illegal arrests." The governor had no veto under the constitution of the state over bills passed by the legislature and he therefore on March 3, 1863, sent the following special message to that body:
"To the Senate and House of Representatives of the State of Delaware in General Assembly met:
"The passage by the general assembly of the act entitled 'An act to prevent illegal arrests in this state,' renders it proper that I should briefly communicate my views and purposes in relation to it. * * * The preamble of the act refers to the constitution of the United States, as providing that no person shall 'be deprived of life, liberty or property without due process of law,' but it ought also to have been recollected that the same constitution provides that in case of rebellion or invasion the privilege of the writ of habeas corpus may be suspended when the public safety requires it, and that dangerous persons may be arrested and held without bail or mainprize. This provision overrides the constitution of the state of Delaware, or any statute that may be enacted by her legislature.
"To whom the right to decide when the exigency has happened requiring the exercise of the power of suspension is a question of constitutional construction upon which jurists differ. That it is a necessary power is admitted. That it exists there can be no doubt. Whoever is invested with the power to suspend is the judge of the occasion of its exercise. Being incidental to the general duty of the enforcement of the laws and now called into exercise for the suppression of armed insurrection, I am satisfied that it properly belongs to the national executive, and in my official acts I shall regard it as vested in the president of the United States.
"The preservation of the government is the highest duty of those charged with its administration, and the personal liberty of the individual is only to be regarded when compatible with its safety. That the citizen should have the right fairly to discuss public measures, is true. That the people should be permitted peaceably to assemble and petition for a redress of grievances, is undeniable. But there is a wide difference between the exercise of this right and the disloyal opposition which proceeds from sympathy with a public enemy. The former supposes that all parties are well affected toward the common government, and differ only as to the mode of its administration. The latter is based upon hostility to existing institutions and aims at their forcible subversion. The idea that the government is bound to await the development of a conspiracy until the actors shall have perfected their plans and committed some overt act necessary to bring them within the technical definition of treason, is, to my mind, absurd. The object is not punishment, but prevention. That the power is liable to abuse, is true; all discretionary powers are necessarily so. To decide against its existence because it is capable of excess, would destroy all human government. The best mode to avoid liability to arrest, is to be faithful. No man who is truly and unequivocally loyal, has ever been in danger of being molested by the national government.
"Still it is possible that arrests may be improperly and inadvisedly made; and while it is my duty to cooperate with the general government in the maintenance of its authority, I will, at the same time, to the extent of my power protect peaceful and loyal citizens, whatever may be their political sentiments. While, however, such is my purpose in relation to them, it is also my duty to take care that the state of Delaware should not be made the refuge of foreign traitors or domestic conspirators.
"That there has been from the beginning of the rebellion a considerable number of our people ready to participate in armed resistance to the lawful authorities, whenever a fair opportunity should occur, I have no doubt. Sympathy with the Southern states in insurrection is sympathy with the overthrow of the national government. No man can hear with gratification of a reverse to our arms who is not at heart a traitor.
"My predecessor, in an official communication, expressed the opinion that 'a majority of our citizens, if not in all our counties, at least in the two lower ones, sympathize with the South.' Without admitting the correctness of his estimate of numbers, I do not doubt of the existence of a wide-spread disaffection. That there has been no outbreak here is the result of want of opportunity. It is the duty of the executive, not only of the United States, but also of this state, to take care that no opportunity shall be afforded. If, to secure the public peace and to prevent insurrection, it becomes necessary to arrest any individual within this state, whether he be a citizen or a non-resident, I will not only assent to the act, but will maintain it.
"Invested by the constitution with no power of veto or review of the action of the legislature, the governor has a general control over the operation of criminal enactments, and such control I will exercise to its utmost extent to protect any person acting under the authority of the president of the United States, or any citizen aiding such person in bringing to light any conspiracy, or in arresting any one guilty of disloyal practices or treasonable designs against the government.
"I shall issue my proclamation in conformity with these views, giving to the people of the state of Delaware information of my intended action." On March 11 he issued the following proclamation: "To the people of the State of Delaware:
"In a special message communicated to the general assembly on the third day of March instant, I informed that body of my purpose to issue my proclamation in relation to the act entitled 'An act to prevent illegal arrests in this state,' and therein briefly set forth the reasons which impelled me to this conclusion.
"Its provisions are at variance with the interests of the state— calculated to lessen the estimation in which her people are held, as faithful to the government of the United States—to embolden those who sympathize with rebellion, and to discourage loyal men from the performance of their duty, in discovering and thwarting the designs of emissaries of treason.
"To the end, therefore, that the evil operation of the enactment may be averted, and loyal citizens may feel secured in their efforts against foreign traitors and domestic conspirators, I, William Cannon, Governor of the State of Delaware, do, by this proclamation, enjoin upon the good people of this state that they hold true allegiance to the government of the United States as paramount to the state of Delaware, and that they obey the constituted authorities thereof before the legislature of the state of Delaware, or any other human authority whatsoever.
"I further enjoin that they be vigilant in detecting any conspiracy against the national government, and diligent in preventing aid and comfort to the public enemy; that they promptly assist the national magistracy whenever invoked, and that they freely communicate any information which may the better enable it to suppress insurrection or to intercept supplies designed for those in arms against its authority; and any one so acting, I will save harmless from the operation of the statute aforesaid, or of any other statute of like nature that be enacted, so far as it shall be attempted to be enforced against him for faithfully discharging his duty to his country.
"In testimony whereof I have hereunto set my hand, and caused the great seal of the said state to be affixed, at Dover, this eleventh day of March, in the year of our Lord, one thousand eight hundred and sixty-three, and of the state the eighty-seventh."
William Temple, who had been elected to Congress in November, 1862, died at Smyrna, Del., on May 28, 1863, and on October 7, Nathaniel B. Smithers, secretary of state, was nominated by the friends of the administration to fill the vacancy. The opposition nominated Charles Brown. The day of election was November 19, and on November 13, General Schenck, in command of the Middle Department of the United States, issued the following general order:
"General Orders, No. 59,
"Headquarters, Middle Department, Eighth Army Corps.
"Baltimore, Maryland, November 13, 1863.
"It is known that there are many evil disposed persons now at large in the state of Delaware, who have been engaged in rebellion against the lawful government, or have given aid or comfort or encouragement to others so engaged, or who do not recognize their allegiance to the United States, and who may avail themselves of the indulgence of the authority which tolerates their presence to attempt to take part in or embarrass the special election in that state. It is therefore ordered:
"I. That all provost marshals and other military officers do prevent all disturbance and violence at or about the polls, whether offered by such persons as above described, or by any other person or persons whomsoever.
"II. That all provost marshals and other military officers commanding in Delaware shall support the judges of election on November 19, 1863, in requiring an oath of allegiance to the United States, as the test of citizenship of any one whose vote may be challenged on the ground that he is not loyal or does not admit his allegiance to the United States, which oath shall be in the following form and terms: 'I do solemnly swear that I will support, protect and defend the constitution and government of the United States against all enemies, whether domestic or foreign; that I hereby pledge my allegiance, faith, and loyalty to the same, any ordinance, resolution, or law of any state, convention, or state legislature to the contrary. notwithstanding; that I will at all times yield a hearty and willing obedience to the said constitution and government, and will not, directly or indirectly, do any act of hostility to the same, either by taking up arms against them, or aiding or abetting, or countenancing those in arms against them; that, without permission from the lawful authority, I will have no communication, direct or indirect, with the states in insurrection against the United States, or with either of them, or with any person or persons within said insurrectionary states; and that I will in all things deport myself as a good and loyal citizen of the United States. This I do in good faith, with full determination, pledge and purpose to keep this, my sworn obligation, and without any mental reservation or evasion whatsoever.'
"III. Provost marshals and other military officers are directed to report to these headquarters any judge of election who shall refuse his aid in carrying out this order or who, on challenge of a vote being made on the ground of disloyalty or hostility to the government, shall refuse to require the oath of allegiance from such voter."
The governor of the state at the same time issued the following appeal to the people: "State of Delaware, Executive Department, Dover, November 13, 1863.
"All civil officers and good citizens of this state are enjoined to obey the above military order, issued by the commanding general of the Middle Department, and to give all needful aid for the proper enforcement of the same.
William Cannon,
"Governor of Delaware."
On the next day the following order was issued by the general in command of the Delaware district or department:
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"General Orders, No. 14.
"Headquarters, Delaware Department, Wilmington, Del., November 14, 1863.
"The enforcement of General Orders No. 59, issued from Headquarters Middle Department, November 13, 1863, by Major-General Schenck, and confirmed by the order of his excellency, Governor Cannon, is confided to the troop in this department. The object of this order, as construed by the general commanding, are: 1. To 'secure to every loyal citizen the right to vote as he pleases. 2. To protect the polls from that outside violence which has heretofore, in some parts of the state, prevented loyal and peaceable citizens from voting.
"Special instructions will be issued to the officers in command of detachments which will be implicitly obeyed, and for the enforcement of which every officer will be held strictly responsible. By order of "Brigadier-General Tyler."
On the next day the following order containing instructions was issued:
"Headquarters, District of Delaware, Middle Department, Wilmington, Del., November 15, 1863.
"The following instructions have been received from the general commanding, and will be strictly and carefully observed by all detachments of officers and soldiers within the 'District of Delaware,' while carrying out the provisions of Department General Orders, No. 59, during the election to be held on the 19th instant:
"Every officer or non-commissioned officer in command of a detachment will be held strictly accountable for the good conduct and obedience of the men in his charge.
"Officers and soldiers must be strictly sober, and while preventing disturbance by others, must avoid all disturbance themselves, and are required not to hang around the polls nor engage in political discussions.
"It will be borne in mind that the whole object of the order of the commanding general is to preserve peace at the places of voting, to sustain the judges or inspectors of election, to protect loyal voters, and to prevent from voting disloyal and traitorously disposed persons who refuse to take the oath of allegiance.
"In enforcing paragraph I of the General Order, to prevent violence and disturbance at the polls, care will be taken that disloyal citizens of other states do not, as it is apprehended they will attempt to do, intrude themselves at the places of voting, and endeavor to intimidate the lawful and loyal voters of Delaware.
"Daniel Tyler, Brigadier-General Commanding."
On November 17 a public meeting of the opposition was held at New Castle, at which a resolution was passed, "that the following address be issued to the Democrats of the county:"
"To the Democrats of Newcastle county, Delaware:
"The undersigned, Democratic voters of Newcastle county, represent: That at the Democratic state convention held at Dover, Sept . 18, 1863, to nominate a candidate to fill the office of Representative in Congress, made vacant by the death of the Hon. William Temple, the convention unanimously nominated the Hon. Charles Brown, of Dover Hundred, in the county of Kent, for the office designated; and ever since the adjournment of the said convention the canvass has duly and quietly proceeded with every reasonable prospect for the success of our candidate, all of which facts are of public knowledge.
"To our astonishment and regret, however, we are informed by a public military and civil order, dated November 13, 1863, and made known to us on the 16th of the same month, that the constitutional and legal rights of the citizens of the state of Delaware to regulate their own elections, and make and prescribe all qualifications for voters at the ensuing special election on the 19th instant, have been utterly subverted, and new qualifications and tests, unauthorized by the constitution of the United States, and contrary to the constitution and laws of the state of Delaware, imposed upon her citizens by military power.
"With the several and collective knowledge and belief of the undersigned, they utterly deny the existence within this state, now or in any past time, of associations or individuals hostile to the welfare of the government of the United States, and of its constitution and laws; and considering the said military order (to which the unauthorized recognition of the executive of Delaware gives no sanction) as uncalled for, illegal, and unjust, do earnestly protest against the same—and against the interference of the Federal government in the election held within our state—and in view of the presence and intimidation of a large military force of the United States in our state, and the indisposition of our people to produce collision with the armed forces of the general government, do hereby recommend to the Democrats of Newcastle county, whether officers of election or voters, to submit to their disfranchisement and take no part in the said special election, but to rely upon the official oaths and consciences of the next House of Representatives in the Congress of the United States, to declare null and void an election so held, and conducted contrary to the laws of the state of Delaware in that behalf, and controlled by a power unknown to the constitution and laws of our state."
The address was signed by a considerable number of citizens. The result of this address was that the opposition declined to vote, and on the day of election Mr. Smithers received 8,220 votes, and Mr. Brown 13.
On the invasion of Pennsylvania by General Lee, 2,000 men who had been organized for state defense turned out to aid the regular forces to guard important positions. At that time the state had furnished to the army seven regiments, including the three-months' men, a battery, and a battalion of cavalry. And these troops had been furnished without the necessity of enforcing a draft.
During the perilous and unsettled period through which Delaware passed in 1863 there was less disposition to enter the service of the country voluntarily than the preceding year, and it soon became evident that a draft would have to be ordered to fill up the quota. The draft was ordered to take place at Smyrna, August 12, 1863, and its proceedings were watched with anxious interest. The quota demanded 1,636 men, and as 50 per cent. more were drawn, there was a total draft of 2,454, and these were allowed to commute at the rate of $300 per man. Relief was afforded to some of the drafted men by means of the bonus raised for that purpose, but its exaction was severely felt and gave the people a keen taste of the merciless demands of war. Some efforts were made to enlist negroes in the state under orders of the president of the United States and the governor, but the legislature having refused to pay such recruits a bounty, the number of them was quite small. A commission was also appointed to estimate the value of such as were slaves. Upon a claim being made and title proved, those who were considered or known to be loyal received full compensation.
In March, 1864, another draft was ordered to fill the aggregated quotas for 500,000 men, and Delaware was called on to furnish 1,676 men. These not being forthcoming as volunteers, drafting took place May 19, June 18 and July 2, 1864. The last was to supply a deficiency of 69 men for Newcastle county, 30 for Kent county and 49 for Sussex county. Wilmington was called upon for 22 men to make up her deficiency. The quota of the state under the call of March, 1864, for 200,000 men, was 985. Under the call of the president on July 18, 1864, for 500,000 men, Delaware was required to furnish 2,445 soldiers on an enrollment of 14,713 men. This quota was to be furnished by September 5, 1864, under penalty of another draft. To relieve, if possible, the state from this draft, the governor convened an extra session of the legislature on July 28. It was urged that the unexpended balance of the appropriation made at the last session, amounting to $250,000, should be used for commutation purposes, and thus relieve those subject to the draft, without working injustice to any class of citizens. On August 12. 1864, a bill of that nature was passed, which had the effect of stimulating enlistments and made the burden easier for those who had to provide substitutes. In his statement to the legislature at that time Governor Cannon said that up to that period Delaware had a credit at the war department for 8,743 men. Fully 1,000 had enlisted in Pennsylvania, 500 in New Jersey, and 500 in Maryland—making a total of nearly 11,000 men from a population of a little more than 112,000 souls, white and black, free and slaves. As the latter were not then liable to enlistment, it will be seen that even at that period Delaware had contributed an unusually large percentage of its citizens for the defense of the Union. Subsequently the proportion of soldiers given by the little Diamond State to uphold the flag of the Republic was equal to if not greater than that of any other state. This is a record which may well cause the hearts of its loyal citizens to rejoice.
Under the last call of the president for 300,000 men, December 19. 1864, the quota of Delaware was 938 men, and as the state had received no credit for the emergency men which it had furnished, the demands upon its citizenship were so close that but few subjects of military duty could hope to escape the chances of a general draft. Again the matter was made the subject of legislative action and on February 16, 1865, the legislature passed an act providing for the payment of bounties to volunteers before the draft, and a bonus of $500 to a drafted white man who would enter the service, or would provide an acceptable substitute. The draft for Kent and Sussex counties took place February 20, 1865, and contrary to some fears, passed off quietly. That of Newcastle county was postponed until March 25, 1865, when drafts were made to fill the quotas of a few hundreds, which could not be supplied with volunteers.
The conclusive victories now achieved by the Federal armies removed the necessity for further levies of men, and those who last entered the service were, after a short experience in military life, restored to the homes from which some of them had been taken against their will or inclination to perform the duties of a soldier, no matter how noble the cause which called them.
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RECORD OF DELAWARE REGIMENTS
First Infantry (Three Months' Service).—Colonel, Henry H. Lockwood; Lieut.-Colonel, John W. Andrews; Majors, Henry A. Du Pont, Robert S. La Motte, C. Rodney Layton. The organization of this body was begun immediately after the call of the president, April 19, 1861, and the enlistments were for the period of three months. Two companies, A and B, commanded by Robert S. and Charles £. La Motte, were filled to the maximum strength within a few days, and Co. C was formed soon afterward at Wilmington, rendezvousing in the "Institute Building" on Market street, which was secured as an armory. Other companies were organizing in the lower part of the state, but owing to the absence of a proper system, could not speedily combine to form a regimental body, and a delay of nearly a month ensued before the organization was completed. Captain Robert S. La Motte, afterward colonel of the 13th U. S. infantry, was the chief instrument of influence in holding the men together and promoting the organization of the regiment . It was largely through his efforts among his friends and the prominent people of the city that the men were made comfortable and supplied with partial uniforms and other clothing. His efforts were warmly seconded by William P. Saville, who had received a West Point education and who was afterward adjutant of the regiment . The three companies at Wilmington finally went into camp at the fair grounds on May 22. That place had been fitted up with sheds and tents and was called Camp Brandywine. By May 25 all the other companies were in camp and doing duty, the regiment holding its first dress parade the following day. The organization of the regiment was fully completed before May 31. On May 28 the first troops from Delaware moved toward the front, Cos. A and B being assigned to Aberdeen, D and E to Bush river. The remaining companies of the regiment left Camp Brandywine on June 9, and were stationed along the railroad in Maryland as far as Havre de Grace. The brass band organized the latter part of June proved valuable in popularizing the movements of the regiment, whose work during the entire service was to perform guard duty. The companies returned home at intervals from August 2 to 14, and were mustered out.
First Infantry (Three Years' Service).—Colonels, John W. Andrews, Thomas A. Smyth, Daniel Woodall; Lieut.-Colonels, Oliver P. Hopkinson, Edward P. Harris, Joseph C. Nicholls; Majors, William F. Smith, John T. Dent . Upon the muster out of the three months regiment, Colonel Lockwood having been appointed a brigadier-general, the duty of reorganization for the three years' service devolved on Colonel John W. Andrews, who received authority from the war department for that purpose. The companies entering into the organization repaired to a regimental camp-ground called Camp Andrews" at Hare's Corners, in Newcastle Hundred. All the companies had reported at that camp by the last day of September and the work of drilling was begun, although not all companies were supplied with arms until Oct 20. A few days previous the regiment had been fully organized, and early on the morning of October 20, 1861, it left Camp Andrews and marched to Newport, where the cars were taken for Baltimore, whence the men were transported by steamboat to Fortress Monroe, disembarking at the latter 521 place October 21, and going into quarters at Camp Hamilton, a mile from the fort . On March 8, 1862, the regiment witnessed for the first time an engagement with the enemy—the naval battle off Newport News—but no movement toward the enemy was made until May 9, when the regiment was part of the forces that invested Norfolk. From that place it moved to Suffolk early in July, where it remained until September, when it was moved against the enemy in Northern Virginia. It became a part of the 3d division, 2nd corps, and was engaged in the battle of Antietam, where it received a fearful baptism of blood, losing nearly one-third of its men, but acquitted itself with great bravery. In the battle of Fredericksburg, 17 of the regiment were killed and a large number wounded, the men remaining on the field "until every cartridge was expended." A period of routine service then followed, which was broken by the movements which brought on the battles of Chancellorsville, in which the regiment lost nearly 50 men from all causes, Major Woodall being wounded. There, as in the battle of Gettysburg which next followed, the regiment acquitted itself in such a manner that its coolness and valor were warmly commended. The loss of the regiment in the latter engagement was 12 killed, 45 wounded and 11 prisoners. The regiment belonged to the body of men which followed closely in pursuit of Lee and was successively engaged in the battles of Auburn, Bristoe Station, Locust Grove, and Mine run. On December 18, 1863, 210 officers and men of the regiment were remustered for three years, under the offer of the government, being the first organization in the Army of the Potomac to accept that proposition, which included a 30-days' furlough home. Its furlough having expired, the regiment returned to its duties in the field on February 9, 1804, joining its brigade at Stony Mountain, Virginia, and in the spring of that year moved with the troops which engaged in the battles of the Wilderness and Spottsylvania, and which opened the way toward Petersburg. The regiment was then engaged in intermediate battles at the North Anna river, Cold Harbor and the first assaults on Petersburg. After a short period of rest it was enin each of which it maintained its reputation for effective service. It went into winter quarters, and in March, 1865, again took part in the siege of Petersburg, which resulted in the capture of that city on April 2. The battle of High bridge, though short, was fiercely contested, and there General Thomas A. Smyth received a mortal wound, from which he died two days later. The regiment participated in the grand review at Washington, May 23, 1865, being at that time commanded by Lieut.-Col . Nicholls. It was mustered out on July 12, 1865, and on the 14th proceeded as a body to Wilmington, where, after having been given an enthusiastic welcome home, it disbanded.
Second Infantry.—Colonels, Henry W. Wharton, William P. Bailey; Lieut.-Colonels, David L. Stricker, Peter McCullough; Majors, Robert Andrews, Benjamin Rickets. This was the first body of volunteer infantry in the state to form under the call for three years men. Its regimental organization dated from May 21, 1861, but its ranks were not entirely filled until five months later, on account of no state system to aid in this work This cause also led to the taking of companies from outside of the state in order that its organization might be more speedily completed. Cos. B, D and G were from Philadelphia, and Co. C from Elkton, Maryland, The remainder of the companies were filled up at Wilmington, where headquarters had been established by the organizer of the regiment, H. W. Wharton, of the U. S. army. The men rendezvoused at Camp Brandywine during the summer of 1861. On September 17, 1861, eight companies of the regiment left there and marched to Cambridge, Maryland, where they went into a camp of instruction under Brigadier-General H. H. Lockwood. Cos. I and K joined the command in October and November and also prepared for service in the field. In May, 1862, the regiment joined the Army of the Potomac under General McClellan, and at the battle of Fair Oaks was assigned to the brigade of General W. H. French. There the active field service of the regiment began and continued almost incessantly during the campaign, participating in the general engagements of Gaines' mill, Savage Station, Peach Orchard, White Oak swamp and Malvern hill. In the battle of Antietam it held an advanced position and was warmly commended for its bravery. The battle of Fredericksburg was the next eventful incident in the history of the regiment and there, too, it was in the forward part of the fray, covering the retreat from that hotly-contested field so ably that it attracted the attention of the entire army. It was at Chancellorsville in May, 1863, and performed its full share in the sanguinary struggle at Gettysburg. The disposition to lead the advance upon the foes of the Union was continued in the campaign of the fall and winter of 1863, the regiment especially distinguishing itself at Bristoe Station and Mine run. In the later campaigns it was in all the general engagements of the 2nd army corps, of which it was a part until the expiration of its service, in the summer of 1864. The regiment was reduced to such a small number that it was attached to another organization during the Wilderness and Spottsylvania movements. On July 1, 1864, the work of mustering out the regiment began, after those men who had been added as recruits were transferred to the 1st regiment. Cos. A and B were mustered out at Wilmington, July 1; C. D, F and G at City Point, Virginia, the same day; H, near Petersburg on August 12; I at the same place, September 14; and K, on Oct . 1, 1864.
Third Infantry.—Colonels, William O. Redden, Samuel H. Jenkins; Lieut. Colonel, William B. Dorrell; Majors, Arthur Maginnis, James B. Marr, Frederick Hackett, James E. Bailey. The work of forming this regiment, for the term of three years, was begun late in 1861, but was not actively pushed until the spring of 1862. As many of the men were from the central and southern parts of the state a rendezvous was established at Camp Fisher, near Camden, where the recruits were drilled and prepared for service in the field. The regiment moved from Camp Fisher the latter part of May 1862, proceeded to Harper's Ferry, and was engaged near Charlestown the 28th, intercepting the northward march of Stonewall Jackson. Thence it was successively engaged at Sulphur Springs, Chantilly and at Antietam. In the spring of 1864 it became a part of the 3d brigade, 2nd division, 5th army corps, and participated in all the movements of that army. At the battle of Cold Harbor, Adjt. Purnell I. Pettijohn was killed, and Lieut.-Colonel Dorrell fell while leading a charge on the enemy's works at Petersburg on June 18. On June 26 Captain Stewart, of Co. I, was wounded. The regiment was also in the battles before Petersburg at the explosion of the mine on July 30, and the Weldon railroad in August, invariably acquitting itself so as to reflect credit upon the state and the Union which it served. After the surrender of Lee, its recruits were transferred to the 1st Del. infantry and those who had enlisted in the earlier stages of its organization were mustered out on June 3, 1865, proceeding home with the 4th regiment.
Fourth Infantry.—Colonel, A. H. Grimshaw; Lieut.-Colonels, C. Carroll Tevis, Charles E. La Motte; Major, Moses B. Gist. The organization of this regiment of three years men was begun early in June, 1862, those first enlisted being mustered at Wilmington by Colonel Grimshaw. In the latter part of the same month the men went into camp at Brandywine Springs, where they were drilled and formed into companies. The regiment was fully organized in September, 1862. Most of the men were from Newcastle and Kent counties. except Co. C, which contained a large number of ex-prisoners from Fort Delaware, who had taken the oath of allegiance to the Union. In October, 1862, the regiment left Brandywine Springs and marched to the Kennett pike, where the 3d Pa. reserves were relieved and Camp Du Pont was formed to guard the powder-mills in that neighborhood. This camp was broken on November 10, in a severe snowstorm, in which the regiment proceeded to Wilmington and was quartered in Pusey's factory until the following day, when it was removed to Arlington Heights and soon afterward to Camp Vermont, 4 miles below Alexandria. It remained in winter quarters until May, 1863, when it made a feint movement toward Richmond under General E. D. Keyes. It remained on the Chickahominy until July 5, when a retrograde march was made down the peninsula—almost 80 miles in a little more than two days. In January, 1864, it went into winter quarters at Fairfax Court House and remained at that place until May 4. when it moved to Rappahannock Station. Subsequently it moved to Port Royal, and was engaged in the battle of Bethesda Church on June 2. In that engagement Lieut. Richard H. Webb of Co. I was killed and 20 others were killed or wounded. The regiment was in the movement on Petersburg—June 17 and 18—and sustained heavy losses, nearly one-third of its men being disabled, Captain Reynolds killed and Colonel Grimshaw wounded. In the engagements which followed, it was aggressive in its movements upon the enemy, and was frequently in the advance, as part of the 3d brigade, 2nd division, 5th corps. Its losses from all causes in 1864 were 189 men. In 1865 it was in the general engagements of Rowanty creek, White Oak road, Hatcher's run, Five Forks and Appomattox Court House. The number of available men was now very small, so that at Lee's surrender but 63 men were in line. The regiment marched to Arlington heights, where the recruits were transferred to the 1st regiment. The original members remaining were mustered out on June 3, 1865, reached Wilmington on the 6th, where a hearty welcome awaited them, a reception being tendered at the city hall, and a collation served at the Institute.
Fifth Infantry.—Colonel, Henry S. McComb; Lieut.-Colonel, Christian Febeger; Major, Edgar Hounsfield. This regiment was organized under the call of the president, August 4, 1862, for 300,000 nine months' men. Most of its members were enlisted in Oct . and November, 1862, but remained in civil life, subject to being ordered into active military service. The companies, all from the northern part of the state, were equipped and assembled at their armories for instruction twice per week. The regiment was first called on to perform active duty on June 20. 1863, when five companies were ordered to Fort Delaware to strengthen its garrison. The remainder of the regiment was ordered to Perryville, Maryland, the following day, to relieve a New York regiment, but soon afterward joined the 1st battalion at Fort Delaware. The departure of these men drew heavily upon all classes of the people of Wilmington, but was especially noticeable in the case of the Scott Methodist Episcopal church, which was deprived of most of its male members, among the soldiers of the regiment being 6 class-leaders, 12 Sabbath-school teachers and 7 trustees. Such patriotism deserves to be noted. The regiment did good service until August 6, 1863. when it returned to Wilmington and was mustered out—August 6 to 10.
Sixth Infantry.—Colonel, Edwin Wilmer; Lieut.-Colonel, Jacob Moore; Major, Thomas T. Thurlow. This regiment was also composed of nine months' men, who were mainly from the southern part of the state, the regiment being organized largely through the efforts of Colonel Jacob Moore, of Sussex county. The conditions of enlistment were like those of the 5th, and like that regiment, it was not called into active service until the summer of 1863. On June 27 the commander of the regiment, Colonel Wilmer received orders to march with his command, and left the state for Havre de Grace to perform garrison duty on the Susquehanna. The regiment was very strong, having 877 enlisted men and 42 commissioned officers. Subsequently the 6th was also ordered to Fort Delaware, remaining there until August 23, 1863, and the week following, when all the companies had been taken to their homes in Kent and Sussex counties, except Co. I, which was discharged soon afterward.
Seventh Infantry.—Colonel, John Andrews; Lieut.-Colonel, Edgar Hounsfield; Major, Hugh Stirling. This body was organized for 30 days in July, 1864, and the troops were known as "Emergency Men." The regiment performed garrison duty along the Baltimore & Ohio railroad in Maryland, being stationed mainly at the bridges, whose destruction was threatened. No enemy was engaged in battle, but the duty assigned was faithfully rendered. The regiment returned to Wilmington on August 11, 1864, when it was mustered out.
Eighth Infantry (Battalion).—Lieut.-Colonel, John N. Richards. The enlistments for this body were for the term of one year and were made under the call of July 18, 1864. The organization of the companies was begun in September and the men rendezvoused at Camp Smithers, on the Concord Pike, in Brandywine Hundred. Before the regiment could be filled up, it was ordered to move as a battalion of four companies, Lieut . Charles E. Evans being the regimental quartermaster. Captains J. R. Holt and John N. Richards, as brevet officers, commanded the battalion, the latter at the close of the service. On October 8, 1864, the battalion left Wilmington for City Point, Virginia, where it was engaged in erecting fortifications. The men received a furlough to go home to vote, but returned to go into winter quarters as part of the same brigade as the 4th regiment, and were in the same general movements and engagements around Petersburg, in the spring of 1865, as that regiment. It then marched with the 3d brigade to Arlington, where 60 of the recruits were transferred to file 1st Del. infantry. The battalion was mustered out on June 6, and finally discharged, at Wilmington, June 10, 1865, consisting at that time of about 180 men.
Ninth Infantry.—Major, William Y. Swiggett. This regiment was composed of 100 days' men. Among those active in its organization was William Y. Swiggett, who was commissioned major on September 13, 1864. The regiment was stationed at Fort Delaware to guard Confederate prisoners, and served about a month longer than its term of enlistment. It was mustered out, at Wilmington, January 23, 1865.
First Cavalry.—Colonel, George P. Fisher; Lieut.-Colonel, Napoleon B. Knight; Major, William P. Lord. _ Soon after the breaking out of the war battalions of cavalry were organized as home guards in different parts of the state, among them being the Red Lion Mounted Guards and the Delaware Light Dragoons. These companies, so readily organized, made easy the formation of a cavalry regiment, though no determined effort in that direction was made until the summer of 1862. On August 13, that year, Napoleon B. Knight of Dover was authorized to raise four companies of cavalry in the state and the work of securing enlistments was at once begun. On September 9, Hon. George P. Fisher was commissioned by the war department to raise the 1st regiment of Delaware cavalry, to consist of 1,200 men and to include Knight's battalion. This regiment was under instruction at Camp Smithers, near Wilmington, Brandywine Hundred, in the fall and winter of 1862. On February 17, 1863, the 1st battalion, under the command of Major Knight, left the camp and proceeded overland to Drummondtown, Virginia, to join the brigade of General Lockwood. The other battalions followed later in the season and the service of the regiment was along the Potomac, aiding in intercepting the projected incursions into Pennsylvania and Delaware. A number of the companies served until the close of the war, but the men were mustered out by detachments, some that were stationed at the Relay House in Maryland on June 6, 1865, and those stationed at Baltimore on June 30 of the same year. During the later stages of the war several independent companies of cavalry were raised for service in emergencies. Of these the Purnell cavalry was at Wilmington in 1863 and 1864, and Captain Milligan's cavalry was mustered out at Wilmington, August 15, 1864. Its service was similar to that of the 7th regiment of infantry.
First Field Battery.—Captain, Benjamin Nields; First Lieuts., Thomas A. Porter, Charles G. Rumford, Amos Sharpless, Jr.; Second Lieuts., Samuel D. Paschall, William Lea, Jr., J. Smith Tulley. Authority to raise a company of field artillery was given to Captain B. Nields early in August, 1862, and on the 21st of that month the company was so far formed that it went into camp at Weldon's woods, near the "Blue Ball inn," in Brandywine Hundred. After being instructed several months, it left Wilmington for Washington on December 20, 1862, and served in the East in 1863. Subsequently it was in the Department of the Gulf, but in January, 1865, was transferred to the Department of Arkansas, Captain Nields being appointed chief of artillery and ordnance of that department. The battery was stationed at Devall's Bluff until the spring of 1865, when it was taken to Little Rock, from which place it proceeded to Wilmington, reaching the latter city July 1, 1865. The men were then paid off and finally discharged two days later.
Second Field Battery.—This company was raised under authority granted in June, 1863, to Captain John B. W. Aydelott and First Lieut. Samuel D. Paschall, who opened a recruiting office in the city hall at Wilmington. Its service in the field was not active, the battery being assigned to the defense of Wilmington the latter part of 1863 and the early part of 1864. Crossley's Artillery.—In the emergency of 1863 Captain Thomas Cross key received authority to raise a company of 50 artillerymen to serve for not over 90 days, along the Wilmington & Baltimore railroad. These men were enlisted at Wilmington in June and July, 1863, and the battery was in service as indicated until its muster out, September 30, 1863.
Ahl's Heavy Artillery.—Captain, George W. Ahl; First Lieuts., Robert H. Lewis, Abraham G. Wolf; Second Lieuts., Frank W. Hay, John S. Black, Robert C. Campbell. This company embraced a battery at Fort Delaware, the members being ex-Confederates who had taken the oath of allegiance to the Union. The service was faithfully performed until the muster out of the men, July 25, 1865. Nearly the entire company was composed of those who had been taken to Fort Delaware as prisoners.