clude the possibility of holding an election at the present time." (Ibid., p. 753.)

On November 25, 1861, President Davis transmitted to the Congress of the Confederate States Governor Jackson's letter, with its inclosures, together with a copy of the convention between the Confederate States and the State of Missouri (Ibid., p. 757), and on the 28th of November the State was admitted as a member of the Confederate States of America. Following is a copy of the act of admission:

AN ACT to admit the State of Missouri into the Confederacy as a member of the Confederate States of America.

The Congress of the Confederate States of America do enact, That the State of Missouri be, and is hereby, admitted as a member of the Confederate States of America, upon an equal footing with the other States of the Confederacy, under the Constitution of the provisional government of the same.

Approved, November 28, 1861.

[Ibid., p. 758.]

MISSOURI STATE GUARD.

It has been seen in the preceding chapter that the general assembly of the State of Missouri, at its session in February, 1861, declared itself opposed to the coercion of the seceding States. It is now proposed to narrate some other events preceding the organization of the Missouri State Guard, the military force called into the service of the State prior to the act of admission to the Confederacy, and which had an organized existence for some time subsequent to that event.

On April 17, 1861, the Governor of Missouri declined to furnish the State's quota of 75,000 militia called for by the President of the United States, declaring the requisition to be "illegal, unconstitutional, and revolutionary in its object, inhuman and diabolical," and that "not one man" would be furnished by the State of Missouri to carry on the proposed unholy crusade against the people of the seceded States. (Official Records of the Union and Confederate Armies, Series III, Vol. I, p. 82.)

On April 20, 1861, the United States ordnance depot at Liberty, Mo., was seized by armed men from the adjacent counties (Ibid., Series I, Vol. I, p. 649), and on May 4 the ordnance stores at Kansas City were taken by force.

On May 6, 1861, the State militia force of St. Louis County went into camp at Camp Jackson, in the city of St. Louis, and on the 10th of May the troops forming the encampment were surrendered as prisoners of war to the United States forces under Capt. (subsequently Brig. Gen.) Nathaniel Lyon, commanding the United States arsenal at St. Louis. The preliminary correspondence between General Frost, commanding the State militia, and Captain Lyon on the subject of the surrender was as follows:

Capt. N. LYON,

HEADQUARTERS CAMP JACKSON, MISSOURI MILITIA,

May 10, 1861.

Commanding United States Troops in and about St. Louis Arsenal. SIR: I am constantly in receipt of information that you contemplate an attack upon my camp, whilst I understand that you are impressed with the idea that an attack upon the arsenal and United States troops is intended on the part of the militia of Missouri. I am greatly at a loss to know what could justify you in attacking citizens of the United States who are in the lawful performance of duties devolving upon them under the Constitution in organizing and instructing the militia of the State in obedience to her laws, and therefore have been disposed to doubt the correctness of the information I have received.

I would be glad to know from you personally whether there is any truth in the statements that are constantly poured into my ears. So far as regards any hostility being intended toward the United States or its property or representatives by any portion of my command, or, as far as I can learn (and I think I am fully informed), of any other part of the State forces, I can say positively that the idea has never been entertained. On the contrary, prior to your taking command of the arsenal, I proffered to Major Bell, then in command of the very few troops constituting its guard,

the services of myself and all my command, and, if necessary, the whole power of the State, to protect the United States in the full possession of all her property. Upon General Harney's taking command of this department I made the same proffer of services to him, and authorized his adjutant-general, Captain Williams, to communicate the fact that such had been done to the War Department. I have had no occasion since to change any of the views I entertained at that time, neither of my own volition nor through the orders of my constitutional commander.

I trust that, after this explicit statement, we may be able, by fully understanding each other, to keep far from our borders the misfortunes which so unhappily afflict our common country.

This communication will be handed to you by Colonel Bowen, my chief of staff, who will be able to explain anything not fully set forth in the foregoing. I am, sir, very respectfully, your obedient servant,

D. M. FROST,

Brigadier-General, Commanding Camp Jackson, Missouri Volunteer Militia. [Official Records of the Union and Confederate Armies, Series II, Vol. I, p. 109.] HEADQUARTERS UNITED STATES TROOPS, St. Louis, Mo., May 10, 1861.

General D. M. FROST,

Commanding Camp Jackson.

SIR: Your command is regarded as evidently hostile toward the Government of the United States. It is, for the most part, made up of those secessionists who have openly avowed their hostility to the General Government, and have been plotting at the seizure of its property and the overthrow of its authority.

You are openly in communication with the so-called Southern Confederacy, which is now at war with the United States, and you are receiving at your camp from the said Confederacy and under its flag large supplies of the material of war, most of which is known to be the property of the United States.

These extraordinary preparations plainly indicate none other than the well-known purpose of the governor of this State, under whose orders you are acting, and whose purposes, recently communicated to the legislature, have just been responded to by that body in the most unparalleled legislation, having in direct view hostilities to the General Government and cooperation with its enemies.

In view of these considerations, and of your failure to disperse in obedience to the proclamation of the President, and of the eminent necessities of State policy and welfare, and the obligations imposed upon me by instructions from Washington, it is my duty to demand, and I do hereby demand, of you an immediate surrender of your command, with no other conditions than that all persons surrendering under this demand shall be humanely and kindly treated. Believing myself prepared to enforce this demand, one-half hour's time before doing so will be allowed for your compliance therewith.

Very respectfully, your obedient servant,

[Ibid., p. 110.]

N. LYON,

Captain, Second Infantry, Commanding Troops.

A copy of the reply of General Frost to Captain Lyon's demand for the surrender of the camp is embodied in a letter from the former to Brig. Gen. William S. Harney, commanding the United States Department of the West, dated May 11, 1861, in which General Frost referred at some length to the object of the encampment and its purpose with reference to the United States property at the St. Louis Arsenal. His letter to General Harney is as follows:

ST. LOUIS ARSENAL, Mo., May 11, 1861.

General WILLIAM S. HARNEY, United States Army,

Commanding Department of the West.

SIR: In accordance with the laws of the State of Missouri which have been existing for some years and in obedience to the orders of the governor, on Monday last [Monday, May 6, 1861] I entered into an encampment with the militia force of St. Louis County for the purpose of instructing the same in accordance with the laws of the United States and of this State. Every officer and soldier in my command had taken with uplifted hand the following oath, to wit:

"You, each and every one of you, do solemnly swear that you will honestly and faithfully serve the State of Missouri against all her enemies, and that you will do

your utmost to sustain the Constitution and laws of the United States and of this State against all violence of whatsoever kind or description; and you do further swear that you will well and truly execute and obey the legal orders of all officers properly placed over you whilst on duty, so help you God."

Whilst in the peaceable performance of the duties devolved upon me and my command under these laws, my encampment was yesterday surrounded by an overwhelming force of armed men, acting under the command of Capt. N. Lyon, Second Infantry, United States Army, and called upon by him through a written command accompanying this. To which communication I replied in the following terms, to wit:

"CAMP JACKSON, Mo., May 10, 1861.

"Capt. N. LYON, Commanding United States Troops.

"SIR: I never for a moment having conceived the idea that so illegal and unconstitutional a demand as I have just received from you would be made by an officer of the United States Army, I am wholly unprepared to defend my command from this unwarranted attack, and shall therefore be forced to comply with your demand. "I am, sir, very respectfully, your obedient servant,

"D. M. FROST,

“Brigadier-General, Commanding Camp Jackson, Missouri Volunteer Militia."

My command was in accordance with the above deprived of their arms and surrendered into the hands of Captain Lyon. After which, whilst thus disarmed and surrounded, a fire was opened upon a portion of it by his troops and a number of my men put to death, together with several innocent lookers-on-men, women, and children. My command was then marched as prisoners of war in triumph to this place. I am now informed, as I was at the time of the surrender, by the captain, that my command may be released upon the officers and men giving their parole "not to take up arms or to serve in a military capacity against the United States during the present civil war."

Against the whole proceeding of Captain Lyon as well as against the terms of release I most earnestly protest, for the following reasons:

That, in addition to the obligation of loyalty which rests upon every citizen, every man of my command now held as a prisoner has voluntarily taken an oath to sustain the Constitution and laws of the United States.

That when my camp was attacked in this unwarrantable manner and during the previous days of its existence the only flags that floated there were those of the United States with all the stars, and its fellow bearing alone the coat of arms of the State of Missouri.

That, in addition to all this, on the morning before this attack was made I addressed to Captain Lyon a communication informing him of the proffer of services I had previously made of myself and of all my command, and if necessary the whole power of the State of Missouri, to protect the United States property, and assuring him that I had in no respect changed those views or opinions, either of my own volition or through any orders emanating from my constitutional commander.

Under all these circumstances I appeal to you as the chief representative of the United States in this department for justice on behalf of those loyal citizens who are now held as prisoners of war, captured under and marching to their place of confinement with the flag of the Union flying over their heads. I ask that you will not put upon the command the additional indignity of requiring us to give our parole when we have already given our oath in support of the Constitution, but that you will order our restoration to the liberties of which we have been illegally deprived, as well as of the property of the State and individuals, as the larger portion of the equipments have been purchased with the private funds of the individuals of my command, both officers and men.

I trust that such as have been so purchased will at least be restored to the proper

owners.

I am, sir, very respectfully, your obedient servant,

[Ibid., p. 113.]

D. M. FROST, Brigadier-General, Missouri Volunteer Militia.

It is possible that General Frost was not aware of the intentions of the Confederate authorities and those of the State of Missouri with regard to the arsenal at St. Louis. What those intentions were is shown in a correspondence between Governor Jackson and President Davis a short time preceding the surrender of Camp Jackson. The

governor's letter, dated April 17. 1861, has not been discovered, but its tenor is shown by the President's reply, bearing date April 23, 1861, which is as follows:

His Excellency C. F. JACKSON,

Governor of Missouri.

MONTGOMERY, ALA., April 23, 1861.

SIR: I have the honor to acknowledge yours of the 17th instant, borne by Captains Greene and Duke, and have most cordially welcomed the fraternal assurances it brings.

A misplaced but generous confidence has, for years past, prevented the Southern States from making the preparation required by the present emergency, and our power to supply you with ordnance is far short of the will to serve you. After learning as well as I could from the gentlemen accredited to me what was most needful for the attack on the arsenal, I have directed that Captains Greene and Duke should be furnished with two 12-pounder howitzers and two 32-pounder guns, with the proper ammunition for each. These, from the commanding hills, will be effective, both against the garrison and to breach the inclosing walls of the place. I concur with you as to the great importance of capturing the arsenal and securing its supplies, rendered doubly important by the means taken to obstruct your commerce and render you unarmed victims of a hostile invasion.

We look anxiously and hopefully for the day when the star of Missouri shall be added to the constellation of the Confederate States of America. With best wishes, I am, very respectfully yours,

[Ibid., Series I, Vol. I, p. 688.]

JEFFERSON DAVIS.

As a part of the contemporaneous history of the events culminating in the capture of Camp Jackson it may not be inappropriate to quote a portion of Captain Lyon's report to his Government:

Col. L. THOMAS,

Adjutant-General United States Army.

ST. LOUIS ARSENAL, May 11, 1861.

SIR: * * * The steamer J. C. Swan arrived at St. Louis on the night of the 8th with a large supply of military stores, including, as I was informed, muskets, ammunition, and cannon taken on board at Baton Rouge, and there obtained from the arsenal. The boat arriving in the night, great industry was used to transport these stores during the night (and before being likely to be exposed in the morning) to the camp of what is called the State militia, and which is made up for the most part of what has for a long time been known as a body of rabid and violent opposers of the General Government, and who have, during this time, been a terror to all loyal and peaceful citizens.

Their extraordinary and unscrupulous conduct, and their evident design, and of the governor of this State, to take a position of hostility to the United States, are matters of extensive detail and of abounding evidence. Having appealed to the South for assistance, every appearance indicated a rapid accumulation of men and means for seizing Government property and overturning its authority. I accordingly foresaw that under the extraordinary measures of the governor and legislature of this State aggressions would soon commence against the General Government on the part of these opposers of it, and of all who were in such a state of hostilities, willing to support the State against the Government. Of this there can be no doubt, as also that the issue would be taken by the State as soon as she felt able to sustain it. It was therefore necessary to meet this embarrassing complication as early as possible, and accordingly I proceeded yesterday with a large body of troops, supported by artillery, to the camp above referred to, and which is situated in the western part of the city, at what is known as Lindell's Grove, between Olive street and Laclede avenue, and arrived at 3.15 p. m., and demanded of General Frost, the commander, a surrender of his entire command. Copies of the correspondence are herewith inclosed.

Of the stores from Baton Rouge Arsenal, so far as understood, there were found three 32-pounder guns, one mortar, three mortar beds, and a large supply of shot and shells in ale barrels. All these artillery pieces were in boxes of heavy plank, and were addressed “Tamoroa, care of Greely & Gale, St. Louis,” “I. C. R. R.," to whom no delivery was made, this being a guise to cover the movement, and Greely & Gale being known as strong Union men saved them from close scrutiny. No doubt many arms, the mortars corresponding to the beds, and other war materials were