[This is the second installment of a four-part series, read part one here.]

In the summer of 1862, orders from General J. T. Boyle meant to identify Confederate sympathizers and persons who had demonstrated disloyalty to the Union set off a wave of political detentions of Kentucky citizens. The authority over these political arrests and investigations, which originally rested with the State Department, had been transferred to the War Department in February 1862.^[1] Once incarcerated in Camp Chase, prisoners discovered they often had little recourse and few means to expedite their cases. As James Russell Hallam complained in his letter to Governor James Robinson, “I have sought in vain for some tribunal either civil or military before which I could have my case investigated.” Testimony of friends and neighbors, the lawyer seemed certain, would allow him to refute the “the false & scandalous charge” against him, which, he insisted, was “unsustained by any shadow of evidence.”^[2] Hallam had sent a petition to the War Department that swore his loyalty to the United States government, along with supporting affidavits, all the while “praying a speedy investigation.”^[3] Assuming the delayed reply meant his case had been overlooked, Hallam asked Robinson to intercede.

He appealed to the governor’s knowledge of him over their long acquaintance.  “You have known me personally for twenty years,” Hallam wrote, “& I feel confidant I am in your opinion, entitled to some sort of credence when I positively & solemnly assert that I have been guilty of no act or word disloyal to the Government under which I was born.” “On the contrary,” Hallam insisted, “since the rebellion began I have to the best of my ability & opportunities sustained the cause of the Union & abhored & repudiated secession & the rebellion.” Lest he leave any doubt, Hallam declared, “My earnest wishes & hopes are for the speedy crushing of the rebellion & the restoration of the Union as it was.”^[4] After he wrote his initial appeal, Hallam realized that though they were long-acquainted, Robinson had no first-hand knowledge of his position on secession. He wrote a follow-up letter the next day, August 19, in which he named the Kentucky Adjutant General and two state senators as character references to support his claims of Union loyalty.^[5]

Hallam’s eagerness to clear his name and to enlist anyone and everyone he thought could help him do it are not surprising, given that his arrest on July 18, 1862, was his second detention on suspicion of disloyalty. He was arrested on October 5, 1861, and held in federal custody until December 4 of that year. He took the oath of allegiance upon his release and claimed to have “lived faithfully up to it, both from duty and inclination” ever since.^[6] Amid the July military emergency, Hallam volunteered to defend Newport. While helping “in good faith” to organize the defense of his hometown, he was arrested by Henry Gassaway and sent to Camp Chase.^[7]  All of this he wrote to Edwin Stanton on July 25, along with assurances of his support for the Union. “I deny the constitutional right of secession [and] look upon & denounce secession as a crime,” declared Hallam, who added that he had “sympathized with the United States government in the present rebellion.”^[8]

Hallam also explained to Stanton why he though his loyalty had come under scrutiny. Over his objections, three of Hallam’s sons had enlisted in the Confederate army.  “I declare that my sons joined the rebel cause against my strong remonstrances desire & command,” Hallam wrote.^[9] Since their enlistment, two had been captured and imprisoned—one at Alton, Illinois, and the other at Camp Morton, Indiana. While advocating for his own release, Hallam had also been trying to talk some sense into his wayward children. “Since their capture,” he wrote to Stanton, “I have been untiring in my efforts to reclaim them to their allegiance to the U.S. & I think I have succeeded. My letters to them & their answers to me will sustain me.”^[10]

Despite his best efforts, Hallam’s release would not happen quickly. The War Department was only just appointing a special commissioner to investigate the cases of the Camp Chase political prisoners. Reuben Hitchcock was notified of his appointment on August 13.^[11] His instructions from the War Department, dated August 23, were to interview each prisoner and examine evidence related to the person’s guilt or innocence and their “intentions toward the Government whether loyal or hostile.” He was directed to make a report that included his recommendation “as to whether the peace and safety of the Government requires [the prisoner’s] detention or whether he may be discharged without danger to the public peace.” The War Department advised Hitchcock that he was granted “the largest discretion” in his investigative powers and except in rare circumstances, his recommendations would be followed. Hitchcock was also advised that the War Department wished to “forbear the exercise of power,” as much as possible without sacrificing the security of the government.^[12]

Although in June he had opposed the release of Camp Chase political prisoners on grounds that it hampered the efforts of the Union army in Kentucky, by early August, General J. T. Boyle complained that “Prisoners [were] sent to prison for the most trivial causes by provost-marshals” who had ostensibly been acting on his orders.^[13] Boyle found that he was unable to secure the release of even Union men whose loyalty could be vouched for by the U.S. attorney.^[14] Such arrests for “trivial causes” strained an already tenuous political situation in Kentucky. On August 12, J. B. Temple, President of the Military Board of Kentucky, warned Abraham Lincoln that “indiscriminate arrests” played poorly on public sentiment. Specifically, Temple objected that “Quiet, law abiding men holding State-rights dogmas are required to take a [loyalty] oath repulsive to them or go to prison.”^[15] The next day, Secretary of War Edwin Stanton communicated to Boyle that the power to arrest Kentucky civilians should be “exercised with much caution and only where good cause exists or strong evidence of hostility to Government.”^[16]

In response, Boyle again attributed the problem to the actions of provost marshals, some of whom he had appointed and others of whom were already in office when he took command. According to Boyle, “many arrests are made by provost-marshals without my authority and in some cases without proper cause.” He explained that in some cases, the provost marshals had sent the prisoners to Camp Chase, where he had no control over the prisoners. He reminded Stanton that he had already asked the War Department for authority over the Camp Chase prisoners, presumably so he could secure the release of loyal Unionists wrongfully incarcerated but also those who had been “sent to prison for special purposes of public interest” who remained in prison after the perceived threat had passed. Boyle complained that “For some reason this control of the prisoners is withheld from me.” But he also insisted that some of the arrests were justified. “There are many so-called Union men in Kentucky who still cling to the hope of reconciliation and believe in a policy of leniency,” he explained, although the general strongly opposed such a policy. “I believe in subjugation,” Boyle declared, “complete subjugation by hard and vigorous dealing with traitors and treason.” “Any other policy,” he predicted “will be ruinous to us in Kentucky.” Although he expressed willingness to adopt any policy the President or Secretary of War directed regarding arrests, he added that it was only “lukewarm Union men” who complained.^[17]

A little more than a month later, on September 15, James Robinson and Joshua Speed directed messages to President Lincoln urging that the authority for arrests be placed with the Kentucky governor. The “irregular and changing system of military arrests,” claimed Robinson, “does more harm than good.”^[18]  Speed, a longtime friend of Abraham Lincoln, reported that “Annoying arrests continue very much to our detriment.” He advised the President, “The good of the cause requires that you should direct Boyle to leave this whole matter to our loyal Governor.”^[19] Later that day, Edwin Stanton ordered Boyle to “abstain from making any more arrests except upon the order of the Governor of Kentucky.”^[20] In reply, Boyle insisted that he had been sparing in his use of the power of civilian arrest and that reports to the contrary were false. He repeated his claim that the complaints were made by men of questionable loyalty.  And he declared that “There is a bounty of absolute security and protection to be a rebel in Kentucky.”^[21] Boyle warned that if the government did not “put down the rebels in our midst…the war will have to be fought over in Kentucky every year.”^[22] As it was, the general reported that in Louisville, Confederate flags were thrown from windows “with impunity,” and he defiantly informed the Secretary of War that he had countermanded the order regarding arrests.^[23]

Although Boyle seems to have borne the blame for those operating under his command, other accounts support his contention that some provost marshals were, as Stanton later described, “rigorously and excessively arbitrary and harassing to the people of Kentucky.”^[24] Instances were reported of provost marshals making arrests and accepting bribes to release the prisoners, actions Stanton condemned as “inexcusable outrages.”^[25] Indeed, in October, he directed that provost marshals found to have abused their authority in such a manner should, themselves, be arrested.^[26] On December 18, 1862, Lt. Colonel William B. Sipes, the military commander at Covington and Newport who assumed the post in September, acknowledged that the power to arrest and imprison civilians had been “too indiscriminately exercised,” but he also noted that regular military officers were rarely the problem; more often, the arrests had been made by civilian provost marshals. “The will of these gentlemen was the law,” Sipes wrote, “and in many instances they appear to have exercised their official functions with but little regard for any rule of action either civil or military. Many of them kept no records, and instances are not rare where prisoners were confined by their order for months without the shadow of a written charge of any kind against them.”^[27] He also described instances in which provost marshals had confiscated property. “Cases are known,” Sipes, reported, “where the effects of individuals were seized and appropriated without any military or legal sanction and in violation of all principles of justice and right.”^[28] Sipes blamed such practices for “much of the bad feeling” in Kentucky and recommended that instead of civilian appointees, the provost marshal positions be filled by regular army officers.^[29]

One provost marshal, Henry Gassaway, would become the target of multiple civil lawsuits by people he had arrested for disloyal conduct. In April 1865, Gassaway was the defendant of at least twenty-one lawsuits filed in Campbell County Circuit Court, each one seeking damages for false imprisonment in the amount of $50,000. Gassaway turned to the War Department for help and, in explaining his situation, provided a detailed account of his actions as provost marshal and the military emergency that led to several arrests. Gassaway’s account casts him, not as a rogue provost marshal, but a public servant who dutifully followed the orders of General Boyle. Gassaway wrote that the plaintiffs filed their lawsuits around the same time “as if acting in concert” and that the cases had continued as though “Originating in a desire to obstruct military operations and having the Effect of Embarrassing and oppressing the constituted authorities of the Government of the United States.”^[30] Gassaway had the right to have the lawsuits removed to federal court, but Judge Advocate A. A. Hosmer had another idea. In a similar case, the Bureau of Military Justice had concluded that it was “competent,” under the proclamation of marital law, for the general commanding the military district of Kentucky to “restrain, by such means as in his discretion might be deemed needful” the continuation of nuisance lawsuits filed against U.S. officers for actions taken in the course of their duties. Hosmer advised that General Palmer, then in command of Union forces in Kentucky, could “take a needful action,” implying that he could simply re-arrest the troublemakers.^[31]

The problem William Sipes described, of civilians being imprisoned for months without so much as a written charge against them, was contrary to Boyle’s original order, but that appears to be what happened to James R. Hallam. Although his appeal to Governor Robinson suggests Hallam had not yet received it, the Commissary General of Prisoners, William Hoffman, penned a letter to Hallam dated August 10. Hoffman acknowledged receipt of a letter Hallam had sent him directly; one that Hallam had sent to Ohio governor David Tod, which had been forwarded to Hoffman; and the petition that Hallam had sent via the Camp Chase post commander, presumably the one Hallam mentioned in his letter to James Robinson. Colonel Hoffman assured Hallam that his case had been referred to the Secretary of War “in a way if possible to secure speedy action upon it.” He also advised Hallam that he would probably be required to obtain affidavits from friends in Kentucky to establish his loyalty.^[32] To move the process along, Colonel Hoffman had inquired into the charges against Hallam and two other political prisoners.^[33] The answer he received was that there were no charges against Hallam. The colonel concluded that “there would therefore seem to be no reason for his further detention.”^[34] That was on August 14, 1862, before Hallam wrote to the Kentucky governor. But Hallam was detained for two more months. He was required to take an oath of allegiance and finally released on October 14, 1862.^[35]  The following year Hallam filed a lawsuit in Kenton County against Henry Gassaway and several other men for wrongful imprisonment. His civil suit continued at least through April 1864, but no record of the final judgment has been located.^[36] Whether or not Hallam’s was the earlier case referred to by the judge advocate, given A. A. Hosmer’s advice on how to deal with the coordinated lawsuits in Campbell County, it is doubtful that Hallam’s lawsuit met with any more success.

^[1] Neff, Justice in Blue and Gray, 157.

^[2] James R. Hallam to James F. Robinson,  18 August 1862,  Office of the Governor, James F. Robinson: Governor’s Official Correspondence File, Military Correspondence, 1862-1863,  R2-3 to R2-4,  Kentucky Department for Libraries and Archives,  Frankfort,  KY.  Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, http://discovery.civilwargovernors.org/document/KYR-0001-027-0005.

^[3] Ibid.

^[4] Ibid.

^[5] James R. Hallam to James F. Robinson,  19 August 1862,  Office of the Governor, James F. Robinson: Appointments by the Governor, Military Appointments, 1862-1863,  R2-116 to R2-117,  Kentucky Department for Libraries and Archives,  Frankfort,  KY.  Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, http://discovery.civilwargovernors.org/document/KYR-0001-028-0003.^[6]

James R. Hallam to Edwin Stanton, 25 July 1862, Case Files of Investigations by Levi C. Turner and Lafayette C. Baker, 1861-1865, NARA RG 94, Microfilm Series M797, Roll 0007, Case File 193, p. 6, accessed via Fold3.com, https://www.fold3.com/image/257035312

^[7] Ibid., 5

^[8] Ibid.

^[9] Ibid.

^[10] Ibid., 5-6.

^[11] Edwin M. Stanton to Reuben Hitchcock, The War of the Rebellion: A Compilation of the Official Records of theUnion and Confederate Armies, 128 vols. (Washington, D.C., 1880-1901), series 2, vol. 4: 380 (hereafter OR).

^[12] L. C. Turner, “Instructions for Hon. Reuben Hitchcock, special commissioner to investigate and to report on the cases of state prisoners held in custody at Camp Chase,” OR, series 2, vol. 4: 425.

^[13] Jeremiah T. Boyle to Edwin M. Stanton, OR, series 2, vol. 4: 17; Jeremiah T. Boyle to Edwin M. Stanton, OR, series 2, vol. 4: 412 (quote 412).

^[14] J. T. Boyle to Edwin M. Stanton, OR, series 2, vol. 4: 412.

^[15] J. B. Temple to Abraham Lincoln, OR, series 2, vol. 4: 378.

^[16] Edwin M. Stanton to Jeremiah T. Boyle, OR, series 2, vol. 4: 380.

^[17] Jeremiah T. Boyle to Edwin M. Stanton, OR, series 2, vol. 4: 412-13.

^[18] James F. Robinson to Abraham Lincoln, OR, series 2, vol. 4: 517.

^[19] James F. Speed, to Abraham Lincoln, OR, series 2, vol. 4: 517.

^[20] Edwin M. Stanton to Jeremiah T. Boyle, OR, series 2, vol. 4: 517.

^[21] Jeremiah T. Boyle to Edwin M. Stanton, OR, series 2, vol. 4: 517.

^[22] Ibid., 517-18.

^[23] Ibid., 518.

^[24] Edwin M. Stanton to Horatio G. Wright, OR, series 2, vol. 4: 616.

^[25] Edwin M. Stanton to Horatio G. Wright, OR, series 2, vol. 4: 616.

^[26] Joshua F. Speed to James F. Robinson,  14 October 1862,  Office of the Governor, James F. Robinson: Governor’s Official Correspondence File, Military Correspondence, 1862-1863,  R2-95 to R2-96,  Kentucky Department for Libraries and Archives,  Frankfort,  KY.  Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, http://discovery.civilwargovernors.org/document/KYR-0001-027-0045.

^[27] William B. Sipes to Horatio Wright, OR, series 2, vol. 5: 96.

^[28] Ibid., 96-97.

^[29] Ibid., 97.

^[30] Letters Received by the Office of the Adjutant General, Main Series, 1861-1870, NARA RG 94, Microfilm Series M619, Roll 0370, File No. K250, p. 6, accessed via Fold3.com, https://www.fold3.com/image/301027835.

^[31] Ibid., 8.

^[32] William Hoffman to James R. Hallam, OR, series 2, vol. 4: 371-72.

^[33] William Hoffman to Col. S. Burbank, OR, series 2, vol. 4: 365.

^[34] William Hoffman to C. P. Buckingham, OR, series 2, vol. 4: 391.

^[35] “Roll of Prisoners of War at Camp Chase Ohio,” Selected Records of the War Department Relating to Confederate Prisoners of War, NARA RG 109, Microfilm Series M598, War Department Collection of Confederate Records, Roll 24, p. 190-91, accessed via Ancestry.com, https://www.ancestrylibrary.com/interactive/1124/M598_24-0241.

^[36] Kenton County Circuit Court, Covington, Order Books, 1845-1977, Kentucky Department for Libraries and Archives, March 9, 1863-April 16, 1864, 291, 344, 357, 557.

Christina K. Adkins has a PhD in American Studies and works as a volunteer on the CWGK Team. Her work focuses on slavery and cultural memory.

Check back with CWGK every Monday in January to read a new editions to Political Detentions in the Civil War.

On the afternoon of July 18, 1862, Newport, Kentucky, attorney James Russell Hallam was arrested at his home by the city’s provost marshal and “a large body of armed regular soldiers.”^[1] When he demanded to know the charges against him, Hallam later recounted, the provost marshal refused to tell. Hallam was taken under guard to the U.S. Barracks at Newport and held overnight. The next morning he and several other Kentucky citizens were sent to Camp Chase prison in Columbus, Ohio, where Hallam wrote to Kentucky Governor James Robinson that he had been “closely confined ever since & deprived of my liberty.”^[2] Writing a month after his arrest, Hallam also reported what he had learned from the post commander about the cause of his imprisonment: He was “charged in general terms with disloyalty, to the United States Government” but, by Hallam’s account, “no specific act or word of disloyalty” had been named against him.^[3]

Amid the crisis of civil war, Kentucky civilians like Hallam became political prisoners, arrested—often on vague allegations of disloyalty—and imprisoned without ever being legally charged with a crime. Political detentions, which occurred mostly in border states, were meant to be preventative and usually did not lead to criminal prosecutions. Once a person was in custody, an investigation determined whether sufficient evidence of disloyalty existed to merit further incarceration; if it did not, the prisoner could be released, usually on condition of taking a loyalty oath.^[4] Ideologically speaking, “disloyalty” was not strictly limited to overt support for the Confederacy but could encompass opposition to various facets Union war policy.^[5] The imprisonment of Hallam and dozens of other political prisoners who petitioned the Kentucky governor from Camp Chase in the summer of 1862 reflected a deeply flawed system of identifying dissidents, one that threatened to worsen an already tenuous political situation in Kentucky.

In August 1862, a total of 130 Kentucky citizens signed two petitions—one generated in each of two prison barracks at Camp Chase—declaring they had been wrongfully incarcerated and asking the assistance of the Kentucky governor. Both petitions argued the illegality of the arrests and the denial of due process to which the signers had been subjected. The petition from Prison No. 2 was dated August 6 and addressed to Beriah Magoffin, who would soon resign his office. Ninety-three inmates of Prison No. 2 asserted that they were taken to Camp Chase “by the force of arms, against our will and consent, in violation of the laws of Kentucky and the laws of the United States.”^[6] They declared they had been arrested “without warrant or law” and noted that many had “been in confinement for a long time, with no hope of being released or having any hearing before any tribunal.”^[7] They insisted that they were “law-abiding citizens of Kentucky and the United States,” that they had “not violated the laws of either,” and that their imprisonment was “unjust, both in law and in the eyes of God and man.”^[8] The prisoners hoped the Kentucky legislature would “take speedy action” to assist them and “not allow her sons to rot in prison, without charge or crime of any kind.”^[9] On August 19, 1862, thirty-seven prisoners from various parts of Kentucky who were incarcerated in Camp Chase Prison No. 1 similarly declared that they had been arrested “without warrant and without legal authority, in violation of law and their civil and legal rights, & forced out of the State of Ky.”^[10] The petitioners insisted that they were “unlawfully held” at Camp Chase, and that they had “always been law, abiding citizens of the State of Ky, and [had] never committed an act of disloyalty against that State or the United States.” Yet they claimed they had been told by a prison official that they could “only regain our liberty by proof establishing our innocence — a principle unprecedented and unknown to the law.”^[11]

Historian Stephen C. Neff identifies August and September of 1862 as having the highest rates of political arrests during the Civil War. This time frame coincided with the first efforts toward conscription, the issuance of the preliminary Emancipation Proclamation, and the first national suspension of habeas corpus. Martial law measures were also adopted that allowed detention for interfering with Union enlistments and for the highly subjective offence of “disloyal practices,” which generated what Neff describes as a “veritable orgy of detentions.”^[12] Camp Chase records suggest detentions in Kentucky began to escalate slightly earlier, in July 1862.  James R. Hallam was one of 28 Kentucky citizens and 7 Newport residents who arrived at Camp Chase from the Newport Barracks on July 19. On July 22, the prison received another 25 residents of Newport or Campbell County. For the entire month of July, the prison received 153 civilian prisoners from Kentucky, only 21 of whom arrived before July 15. In August, 50 prisoners arrived from Kentucky; in September, the number fell to 40.^[13]

The orders of General Jeremiah T. Boyle demanding that certain categories of Kentucky citizens report to provost marshals to take loyalty oaths, coupled with a heightened military threat in the summer of 1862, precipitated the spike in citizen arrests. Boyle prefaced his June 19 directive with the statement that “peaceful and law-abiding citizens and residents of the State must be protected in their persons, property, and rights.” But anyone who had joined the Confederate forces, given them assistance, or crossed their lines without the proper permissions and since returned were ordered to appear before provost marshals in Louisville, Bowling Green, Lexington, or Paducah. These citizens were then required to “furnish evidence of… repentance, and take the oath of allegiance, and give bonds and security for their future good conduct.” Persons who failed to report would be “arrested and committed to the military prison at Louisville, and sent thence to Camp Chase” with a written record of the charges against them. There, they would wait for further action by the Secretary of War. Boyle also instructed that “In times of trouble like these, good, law-abiding men will refrain from language and conduct that excite to rebellion.” Allowing a wide latitude for interpretation, he prescribed arrest for “anything said or done with the intent to excite to rebellion.”^[14]

A confluence of military events also accounted for an increase in arrests, particularly in northern Kentucky, where Campbell County provost marshal Henry C. Gassaway proved highly effective in identifying and removing potential disloyal persons. On July 18, the day James Hallam was arrested, and in the days following, Gassaway executed what might be considered mass arrests of suspected disloyal persons. When he was later called upon to defend his actions, he insisted he was acting on Boyle’s orders in the midst of a military emergency. Two days before the arrests, Georgetown had been captured; a day after that, the battle of Cynthiana had been fought. On the 18^th, Paris had been captured by John Hunt Morgan. According to reports in Newport, Morgan had 3,000 troops and was coordinating with General Marshal, who was advancing with his own large force from the eastern part of the state. At the same time, Kirby Smith was moving in from the south, and, as Gassaway recalled, he “very soon thereafter drove our lines back to within four miles of Cincinnati.” The situation in Newport was growing dire. On the day of the arrests, by Gassaway’s account, the telegraph wires were cut, the railroad captured, and “rebel Scouts were threatening the southern line of the County.”^[15] As Gassaway recalled,

The Commandant of the Post and the Barracks ordered their officers to prepare for an immediate attack and sent out Scouts and pickets along every approach to the City. A few days previously the guns in the fortifications around the hills of the city had been spiked and dismounted. The defences around the city were weak, and the union soldiers few and undisciplined. It was important that our true condition of Weakness should be Kept from the Knowledge of the Enemy. A large number of the fighting Union men of the Vicinity had been sent to the defense of the interior. 75 Home Guards of New Port were in the battle of Cynthiana, and on the morning of the 18^th news came that they had met with defeat and disaster which added much to the Excitement and alarm of the people.^[16]

In June, Henry Gassaway had received the circular containing Boyle’s orders about how to deal with suspected disloyalty. It included a letter from John Boyle, the Assistant Adjutant General, who advised Gassaway to “arrest and send to Camp Chase a few of the most violent and rabid secessionists.” ^[17]  Gassaway was told to send a report to headquarters, and the matter would be settled. During the crisis in July, Gassaway telegraphed General Boyle asking if he should make arrests of “persons then considered dangerous.” The answer he said he received was, “‘arrest them certainly.’”^[18]

Apprehended in the roundup of “dangerous” citizens was Hubbard D. Helm, the former sheriff and current master commissioner of the Campbell County Chancery Court.^[19] It was not Helm’s first arrest. With one brother in the Confederate army and another described as a “rebel agent abroad,” Helm had been arrested in November 1861. As reported in a memo compiled from records of the State Department, which had authority over political arrests at the time, Helm was accused of expressing the “strongest secession sentiments” and the hope that “Union troops on their way to the interior of Kentucky would never return alive.”^[20] Since that incident, Helm had not tempered his public comments. An affidavit sworn by an acquaintance of Helm’s in July 1862 claimed that Helm had been overheard talking with some men when news was reported that Fort Donelson had been captured. According to the witness’s statement, Helm replied that the news was “a damed lie and that any man that took that up was a liar and a sun of [a] Bitch.” When subsequent news was received of the defeat of Union troops, the witness reported, Helm seemed “Elated and Gratified.” Helm’s frequently observed “manner and conduct,” the witness concluded, “Showed that he was the enemy of the Government and that he desired the Success of the Southern Confederacy.”^[21]

Another name on the Prison No. 2 petition was Robert Maddox. The same memo that shows Helm’s prior arrest also shows that one Robert Maddox was arrested on the same day as Helm in November 1861 for making statements similar to Helm’s. On July 3, 1862, Henry Gassaway wrote General J. T. Boyle that Robert Maddox “is a man of meanse and has great influence with his money particularly in this neighborhood and uses it freely to effect his end.” Gassaway considered Maddox “a dangerous man to our Government” and suggested if he were “held for some time it will do much good in quelling outbursts among the Rebels in this County.”^[22] The four affidavits Gassaway sent to support the case against Maddox were not filed with his letter, so it is not known upon what evidence he based his conclusions. The 1860 census for Campbell County shows three Robert Maddoxes, who in 1862 would have been 18, 46, and 50 years old, but none match the 43-year-old Maddox who, prison records show, was arrested on July 1, 1862.^[23] Although it is uncertain if that was the same Robert Maddox who was earlier accused of volubly wishing the deaths of Union troops, both arrests illustrate the kind of opposition the U.S. forces encountered from the Kentucky citizenry and the perceived offenses that were thought to justify political detention.

Also among the people detained in July 1862 was Thomas L. Jones, a Newport attorney and politician who did not petition the Kentucky governor. In a sworn affidavit, William H. Wagner attested that he heard Jones make two political speeches and described one in which Jones declared that his father’s remains were in South Carolina, that his interests and sympathies were with the South, that he would arm his two sons—who were about ten and twelve years old at the time—with revolvers and “put them on his father’s Grave,” and that Jones would “take a Sword and fight the for the South.” When Wagner next met Jones, he questioned him about these remarks, saying he thought Jones was a Union man.  According to Wagner, “He [Jones] said I am a union man, but he said our rights have been trampled on and I am ready at any time to fight against any Black Republican Government.”^[24] The comments reported by Wagner are a reminder that in Kentucky, a citizen’s allegiance could be a complex proposition, at times a shocking blend of Union ardor and virulent racism or a fidelity strained by passionate disagreements with Union war policy.

Christina K. Adkins has a PhD in American Studies and works as a volunteer on the CWGK Team. Her work focuses on slavery and cultural memory.

Check back with CWGK every Monday in January to read a new editions to Political Detentions in the Civil War.  Continue reading →