menu_book Chapter 9

part four of henry wirtz commander of andersonville confederate prison trial and execution by united states army staff judge advocate part four closing statement of judge advocate prosecutor part five is it still contended that there was no conspiracy that these things evinced no common design to destroy that of all these things the richmond government was in blissful ignorance let us see on the twenty first of july eighteen sixty four general winder addressed a letter to the war department at richmond c x number seventeen manuscript page six six two dated andersonville in which he uses the following language before quoted you speak in your endorsement of placing the prisoners properly i do not exactly comprehend what is intended by it i know but of one way to place them and that is to put them into the stockade where they have between four and five square yards to the man Is it possible that he did not comprehend what was intended by the War Department?

Can it be that he knew of but one way to place those prisoners properly? His government did not dare to speak more definitely, nor was it necessary, to such a man as General Winder, occupying the position he did, and with the letter of Robert Oold in his private desk, written as early as March 1863, a private letter to himself and endorsed by his own hand. The one way was the way given in his original instructions. It was the way understood by W.

S. Winder when he said it was the intention to kill more Yankees at Andersonville than they did at the front. It was the way meant, and well understood by General Winder, when he said to Mr. Spencer that for his own part he would as lief the damned Yankees would die there as anywhere else, that upon the whole he did not know that it was not better for them, record page 2467, manuscript page 1054, and which he afterwards disclosed to Colonel Chandler in the remark,

it is better to leave them in their present condition until their number has been sufficiently reduced by death to make the present arrangement suffice for their accommodation. It was the way well understood by the rebel government, when, in the face of the protests of humane officers and in the face of the official reports of the mortality of that place, they continued to forward prisoners trainload after trainload to an already overcrowded prison.

It was the way dictated to the agent of that government, Robert Oold, and revealed by him in his letter to Winder, see Exhibit No. Blank, Manuscript, page 1920, when he declares, speaking of exchanges, The arrangement I have made works largely in our favor. We get rid of a set of miserable wretches, and receive in return some of the best material I ever saw, adding, This, of course, is between ourselves. it was the way understood perfectly by general howell cobb when in a speech at andersonville he pointed with terrible significance to the graveyard remarking that is the way i would care for them it was the way well understood by the prisoner at the bar who is shown to have uttered sentiments similar to those expressed by w s winder on more than a hundred occasions it was the way and the only way ever indicated by the chief of the rebel government and his secretary of war else why did he with this frightful picture before him deliberately fold general winder's letter endorsing it noted filed j a s

Let us advance another step in the evidence connecting the Richmond government with these atrocities. Colonel D.T. Chandler of the Rebel War Department, pursuant to an order of his chief of July 25, 1864, directing him to make an inspection at Andersonville and other places in the Confederacy, submitted a report dated Andersonville, August 5, 1864, and which reached the War Department, August 17, 1864. war. This officer, from whose report we have already quoted, gives a graphic description of the sufferings of the prisoners of war, and in earnest terms beseeches his government that no more be sent forward to that place, and that immediate steps be taken to relieve

the sufferings of those prisoners already there, making many practical suggestions for their comfort which he thought could be readily carried out. In a supplemental report, also dated August 5th, and which was received in Richmond with the report first named, he says, My duty requires me respectfully to recommend a change in the officer in command of the

post, Brig. General John H. Winder, and the substitution in his place of someone who unites both energy and good judgment with some feelings of humanity and consideration for the welfare and comfort as far as is consistent with their safe-keeping of the vast number of unfortunates placed under his control some one who at least will not advocate deliberately and in cold blood the propriety of leaving them in their present condition until their number has been sufficiently reduced by death to make the present arrangement suffice for their accommodation

and who will not consider it a matter of self-laudation and boasting that he has never been inside of the stockade a place the horrors of which it is difficult to describe and which is a disgrace to civilization the condition of which he might by the exercise of a little energy and judgment even with the limited means at his command have considerably improved in his examination touching this report colonel chandler says i noticed that general winder seemed very indifferent to the welfare of the prisoners indisposed to do anything or to do as much as i thought he ought to do to alleviate their sufferings i remonstrated with him as well as i could and he used that language which i reported to the department with reference to it the language stated in the report when i spoke of the great mortality existing among the prisoners and pointed out to him that the sickly season was coming on and that it must necessarily increase unless something was done for their relief the swamp for instance drained proper food furnished and in better quantity and other sanitary suggestions which i made to him

he replied to me that he thought it was better to see half of them die than to take care of the men and to show that he cannot be mistaken in what he avers colonel chandler speaks of major hall his assistant having first reported to him similar language used by general winder to him and remarks i told major hall that i thought it incredible that he must be mistaken he told me no that he had not only said it once but twice and as i have stated he subsequently made use of this expression to me Let us now see what the rebel government had to do with this report. As I before remarked, it reached Richmond on the 17th of August. Immediately on its reception, as we learn from Captain C. himself of the Rebel War Department, it was carefully briefed, and extracts made,

and sent to the heads of the different bureaus, the Commissary-General, and the Quartermaster-General. A report of Dr. White's, an enclosure of Colonel Chandler's report, being sent to the Surgeon General. The entire report was then laid before the Secretary of War, Mr. Seddon, and there cannot be a shadow of doubt that it was immediately and fully and seriously considered, nor can there be any doubt that Mr. Davis and his War Minister conferred together with regard to this momentous subject.

Captain Self, speaking of a conversation between himself and Colonel Woods, a staff officer of Jefferson Davis, in regard to the prison at Andersonville, says, During that conversation, I obtained the impression that President Davis had some knowledge of it. Record, page 1161, manuscript, page 659. This, he says again, was subsequent to the receipt of Colonel Chandler's report. To the question, would a paper of this kind, on a subject of this magnitude, find its

way to the President of the so-called Confederate States in the ordinary course of proceedings? He answers, yes, sir, I think it would. It will not do to say that this report was buried among the multitude of papers that arrived daily in the War Office, or that lay upon Mr. Seddon's table with piles of other papers unnoticed. Mr. J. B. Jones, private secretary to Mr. Seddon, says, record, page 2836, manuscript, page 1218, that he remembers when the report was received,

but only read the headings enough to see the purport of it, and adds that he thinks it was sent for by the Secretary of War. Mr. R. T. H. Keene, chief of the Bureau of War, says that he saw it lying on the secretary's table. He also speaks of a conversation between himself and the assistant secretary of war, Judge Campbell, in which the report was spoken of, and in which Judge Campbell, speaking of the fearful mortality, remarked,

This looks very bad. Captain Self also testifies that the report excited general comment in the Department. But we are not left with this evidence alone. This report was not sent in like ordinary inspections reports, but special attention was drawn to it by three officials. On the day of its receipt, it was submitted to the Secretary of War, as the following endorsement proves beyond doubt. Adjutant and Inspector General's Office, August 18, 1864, respectfully submitted to the

Secretary of War. The condition of the prison at Andersonville is a reproach to us as a nation. The engineer and ordnance departments were applied to for implements and authorized their issue and isotelegraphed General Winder. Colonel Chandler's recommendations are coincided in. By order of General Cooper, R. H. Chilton, Assistant Adjutant and Inspector General. The report passed through the hands of R.B. Welford, a confidential clerk employed in the War Department for his legal

abilities, who also made a brief analysis, strongly recommending Colonel Chilton, Mr. Welford's analysis being again endorsed, and the whole laid before the Secretary by J.A. Campbell, Assistant Secretary of War, with the following endorsement. These reports show a condition of things at Andersonville, which calls very loudly for the interposition of the department in order that a change may be made. J. A. Campbell, Assistant Secretary of War. What more could

have been needed, or what more done, to bring authoritatively and strongly before the proper authorities at Richmond the subject of the Andersonville sufferings? Here were an intelligent inspecting officer of high rank, Colonel Chandler, the chief of the inspectors bureau, Colonel Chilton, the chief of the bureau of war, Mr. Keene, a confidential clerk, Mr. Welford, and the assistant secretary of war, Judge Campbell, all pressing in the strongest terms the necessity

of an immediate interposition by the department and not hesitating to declare the prison at Andersonville a reproach to them as a nation. These appeals might have moved hearts of stone, but addressed as they were to these representatives of a government based upon wrong and injustice that had its origin in a treasonable conspiracy to overthrow the best government on the face of the earth, however much they may have moved the hearts of those representatives as individuals,

they seem to have still felt it their duty to adhere to a purpose so cruelly and wickedly begun, and thus far so faithfully carried out. And they dared not, or would not, for it is certain they did not, abandon even then this atrocious conspiracy. Mr. Keene says he is not aware the report was ever acted upon. Captain Self says the same, and we learn from his testimony that the report remained with the secretary, never having come back to the Inspector General's

department, where it properly belonged, till about the time Mr. Breckinridge succeeded Mr. Seddon, sometime in 1865, when Colonel Chandler, having returned and demanded that some action should be taken on the report, or he would resign, it was brought to light and laid before Mr. Breckinridge, who would have acted upon it, as Captain Self thinks, but for the rapid change of affairs in the Confederacy and the dissolution of their government soon after. And here let me diverge

a moment and follow a portion of this remarkable report to the Surgeon General's office. We find endorsed upon Exhibit 24, manuscript, page 695, the following. Surgeon White was authorized, some time since, to send his requisitions for supplies directly to the medical purveyor, Not having supplies is his own fault. He should have anticipated the wants of the sick by timely requisitions. It is impossible to order medical officers in place of the contract physicians.

They are not to be had at present. S. P. Moore, Surgeon General This is the flippant endorsement of the Surgeon General and the only evidence showing his notice of the condition of things at Andersonville. and this is all that he seems to have done in the matter, while Dr. White was allowed to remain in charge of the hospital, which, as described by the surgeons who were on duty with him,

seems to have been little else than a dead-house. This Dr. White, whose recklessness, brutality, and crime are so closely interwoven with that of General Winder, the prisoner at the bar, and his associate staff officers, that it is hard to discriminate between the cruelty of the one and that of the others. It is strange, truly, that the Surgeon General passed over the matter with so slight a notice of it, when we remember that several weeks previously it is shown that

he had the whole matter before his office, and took action upon it, which makes him no less culpable than the others we have mentioned. He had called into his counsels an eminent medical gentleman, of high attainments in his profession, and of loyalty to the rebel government unquestionable. amid all the details in this terrible tragedy there seems to me none more heartless wanton and utterly devoid of humanity than that revealed by the surgeon-general to which i am about to refer i quote now from the report of the same dr joseph jones which he says record page forty three eighty four manuscript page seventeen twenty one

was made in the interest of the confederate government for the use of the medical department in the view that no eye would ever see it but that of the surgeon-general after a brief introduction to this report and to show under what authority it was made he quotes a letter from the surgeon-general dated surgeon-general's office richmond va august sixth eighteen sixty four the letter is addressed to surgeon i h white in charge of the hospital for federal prisoners andersonville georgia and is as follows sir the field of pathological investigation afforded by the large collection of federal prisoners in georgia is of great extent and importance and it is believed that results of value to the profession may be obtained by careful examination of the effect of disease upon a body of men subjected to a decided change of climate and the circumstances peculiar to prison life

the surgeon in charge of the hospital for federal prisoners together with his assistants will afford every facility to surgeon joseph jones in the prosecution of the labors ordered by the surgeon general the medical officers will assist in the performance of such post-mortems as dr jones may indicate in order that this great field for pathological investigation may be explored for the benefit of the medical department of the confederate armies s p moore surgeon-general pursuant to his orders dr jones as he tells us proceeded to andersonville and on september seventeenth received the following pass andersonville september seventeenth eighteen sixty four captain you will permit surgeon joseph jones who has orders from the surgeon-general to visit the sick within the stockade that are under my medical treatment surgeon jones is ordered to make certain investigations which may prove useful to his profession by order of general winder very respectfully w s winder a a g captain h wirtz commanding prison

when we remember that the surgeon-general had been apprised of the wants of that prison and that he had overlooked the real necessities of the prison shifting the responsibility upon dr white whom he must have known was totally incompetent it is hard to conceive with what devilish malice or criminal devotion to his profession or reckless disregard of the high duties imposed upon him i scarcely know which he could sit down and deliberately pen such a letter of instruction as that given to dr jones was it not enough to have cruelly starved and murdered our soldiers was it not enough to have sought to wipe out their very memories by burying them in nameless graves was it not enough to have instituted a system of medical treatment the very embodiment of charlatanism was not this enough without adding to the many other diabolical motives which must have governed the perpetrators of these acts this scientific object as deliberate and cold-blooded as one can conceive

the surgeon-general could quiet his conscience when the matter was laid before him through colonel chandler by endorsing that it was impossible to send medical officers to take the place of the contract physicians on duty at andersonville yet he could select at the same time a distinguished gentleman of the medical profession and send him to andersonville directing the whole force of surgeons there to render him every assistance leaving their multiplied duties for that purpose why not to alleviate the sufferings of the prisoners not to convey to them one ounce more of nutritious food to make no suggestions for the improvement of their sanitary condition for no purpose of the kind but as the letter of instruction itself shows for no other purpose than that this great field for pathological investigation may be explored for the benefit of the medical department of the confederate armies the andersonville prison so far as the surgeon general is concerned was a mere dissecting room a clinic institute to be made tributary to the medical department of the confederate armies but let me return from this digression

one can hardly believe all these things of a government pretending to struggle for a place among civilized nations yet horrible as it seems the facts cannot be resisted do i injustice to the leaders of the rebellion have i drawn inferences that are unwarrantable is it indeed true that these men high in authority are not responsible i think not motives are presumed from actions and actions speak louder than words what was the action of jeff davis and his war minister upon these reports the papers were pigeonholed in the secretary's office not even being dignified by being placed upon the regular files in the proper office while general winder the chief accomplice instead of being removed immediately and broken of his commission and tried for violation of the laws of war for cruelty in humanity and murder instead of being held up by that government as a warning to others giving a colour of justice to their cause was promoted rewarded and given a command of wider scope

and greater power but still in a position to carry out the purposes of his government toward prisoners of war history is full of examples similar in character where a government seeking to carry out its ends has selected as tools men not unlike general winder and history faithful in the narration of the facts is faithful also in fixing upon the government who employed such persons and sustained and rewarded them the responsibility for the acts of their agents james the second had his jeffreys philip the second his duke of alva louis the fourteen his duke de louvet the emperor of austria his hay now and jefferson davis his winder the closest scrutiny of the immense record of this trial will show that up to the very close of that prison there were no steps taken by the rebel government by general winder or by any of the officers of his staff clothed with proper authority to alleviate in any material particular the great sufferings of that place you will remember the uniform testimony of the medical officers as well as of the prisoners who remained there during the winter of eighteen sixty four and eighteen sixty five

that there was no perceptible change in the condition of the prison and an examination of the hospital register and the death register will show that the mortality was even greater during that period in proportion to the number of prisoners confined than it was during the months of its most crowded condition from the prison journal kept by the prisoner himself we find that in september the mean number of prisoners being seventeen thousand the deaths were two thousand seven hundred in october the mean strength being about six thousand seven hundred the number of deaths was one thousand five hundred and sixty nearly one out of every five in november the mean strength being two thousand three hundred the deaths were four hundred and eighty-five while those who remain to the very close till the prison was broken up are described by general wilson and others as having been mere skeletons shadows of men nor must it be forgotten that the marks of this cruelty were so indelibly stamped upon its victims that thousands who survived are yet cripples and will carry to their graves the evidence of the horrible treatment to which they were subjected

the surgeons of our army who treated those shadows of men when they arrived within our lines at jacksonville and hilton head tell you of hundreds who died before they could be resuscitated of others permanently disabled of others who upon their partial recovery were started on their way homeward being again treated at annapolis dr vanderkeeft of our army speaks of the condition of those prisoners while under his treatment at that place he says they were reduced suffering from chronic diarrhea and scurvy some of them in a dying condition some of them died a few days after they arrived and those who did recover were obliged to remain a long time in hospital before they were able to return to their homes record page 505 manuscript page 207 and with that certainty with which science reasons from effect to cause oftentimes after describing the condition of the men as it has been brought out in this testimony he concludes the symptoms and conditions of the patients presented cases of starvation nor must it be forgotten in the summing up of the cumulative proofs of the andersonville horrors that numerous photographs of returned prisoners were introduced here and identified by drs vandergrift balser and others as representing cases no worse than hundreds and thousands they had seen

So impressive indeed, and so strong, seemed this evidence of rebel cruelty, that the counsel for the prisoners sought in his cross-examination to show that they were fancy sketches. Are we told that these things are improbable, and cannot be believed, because it is said that Mr. Davis is a good man, not capable of such cruelty? Are we told that no direct order of his is shown, and therefore notwithstanding all these facts and circumstances narrated he must be acquitted of all blame the law governing cases of conspiracy does not require us to show a direct order circumstances from which guilt may be inferred are sufficient the rebel chief did not find it necessary to issue direct instructions nor indeed could it reasonably be expected

he was too wary too sagacious for that michelet relates an anecdote of louis the fifteenth not malapropos the illustrious kesnay physician to louis fifteen who lived in the house of the latter at versailles saw the king one day rush in suddenly and felt alarmed madame de hosette the witty femme de chambre inquired of him why he seemed so uneasy madame returned he whenever i see the king i say to myself there is a man who can cut my head off oh said she he is too good the lady's maid thus summed up in one word the guarantees of monarchy the king was too good to cut the man's head off that was no longer agreeable to custom but he could with one word send him to the bastille and there forget him It remains to be seen whether it is better to perish with one blow, or suffer a lingering death for thirty or forty years. Mr. Davis was not capable of being the instrument of death.

He was too good to be keeper of a prison, and withhold from starving men their scanty rations, but he could send them out of his sight, away from the prison, in plain view of his own residence, into the dense forests of Georgia, and there forget them. If Jefferson Davis be ever brought to trial for his many crimes, and may heaven spare the temple of justice if he be not, it will not do for him to upbraid and accuse his willing tools, Wender and Wurtz, as King John did

Hubert for the death of Prince Arthur. They will turn upon him and say, Here is your hand and seal for all I did, and in The Winking of Authority did we understand a law.