John M. Schofield, Forty-six years in the Army

[57] is to say, of all persons not of the radical party, for in their partizan heat they disdained to make any distinction between ‘conservatives,’ ‘copperheads,’ and ‘rebels.’ So powerful and persistent was the radical influence that even so able a lawyer as Edwin M. Stanton, then Secretary of War, was constrained to send an order to the commander of the District of Missouri, directing him to execute the act of Congress of July 17, 1862, relative to confiscation of property of persons engaged in the rebellion, although the law provided for its execution in the usual way by the judicial department of the government, and gave no shadow of authority for military action.

It is only necessary here to remark that the order was not, as it could not be lawfully, obeyed. Action under it was limited to the securing of property subject to confiscation, and liable to be removed or otherwise disposed of, and the collection of evidence for the use of the judicial officers. The following is Secretary Stanton's order sent by telegraph, September 5, 1862:

It is represented that many disloyal persons residing at St. Louis and elsewhere in your command are subject to the provisions of the Confiscation Act, and that it would be expedient to enforce against them the provisions of that act. You are instructed to enforce that act within your command, and will please send directions for that purpose to your provost-marshal.

In compliance with the Secretary's instructions, I issued an order, on September 11, providing for the action above stated, and no further.

These instructions from the Secretary of War were subsequently repudiated by President Lincoln; but in the meantime they produced serious evil under my successor, who fully enforced them by apparently committing the national administration to the extreme radical doctrine, and making the military commander in Missouri