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 PART 1st, 
 
 OF 
 
 WM. TECUMSEH SHERMAN, 
 
 "General of the Army of the United States," 
 
 AND 
 
 GEN. 0. 0. HOWARD, U. S. A., 
 
 FOR THK DEFENCE ; 
 
 imm FROM SOME OF THE DEPOSITIONS FOR T«E CLMMANTS, 
 
 FILED IlSr CERTAIN CLAIMS VS. UNITED STATES, PENDING BEFORE 
 
 " THE MIXED COMMISSION ON BRITISH AND AMERICAN 
 
 CLAIMS," IN WASHINGTON, D. C. 
 
 Part 2d will contain the Rebuttal Testimony yet to be -^ 
 
 'th/yM^mjL 
 
 taken. 
 
 CHARLESTON, S. C: 
 
 WALKER, EVANS & COGSWELL, I-kinters, 
 
 Nos. 3 Broad and 109 East Bay Sts. 
 
 1873. 
 
Entered according to Act of CJongress, in the year 1873, by 
 
 WALKER, EVANS & COGSWELL, 
 
 In the Office of the Librarian of Congress, at Washington, D. C. 
 
2 05 5-,-2 " 
 
 fiO IDIi! CilDilA? 
 
 PART 1st, 
 
 Oin:FlGI.^Xi IDEIPOSITIOn^rS 
 
 WM. TECUM SEH SHERMAN, 
 
 " General of the Army of the United States," 
 
 GEN. 0. 0. HOWARD, U. S. A., 
 
 FOR THE DEFENCE ; 
 
 EHRACTS FROM SOME Of THE DEPOSITIONS FOR THE CLilMOTS. 
 
 FILED IN CERTAIN CLAIMS VS. UNITED STATES, PENDING BEFORE 
 
 " THE MIXED COMMISSION ON BRITISH AND AMERICAN 
 
 CLAIMS," IN WASHINGTON, D. C. 
 
 Part 2d will contain the Rebuttal Testimony yet to be 
 
 taken. 
 
 CHARLESTON, S. C: 
 
 WALKER, EVAKS & COGSWELL, Peiktees, 
 
 No8. 3 Broad and 109 East Bay Sta. 
 
 1873. 
 
TO THE PEOPLE OF THE SOUTH, 
 
 In publishing matter relating to suits still pending, 
 and in the result of which we as Counsel are interest- 
 ed, we deem it advisable, in order that our motives 
 may not be misconstrued, to state fully and frankly the 
 reasons which actuate us, 
 
 The question, "Who is responsible for the burning of 
 Columbia?" has been, against our will, drawn into and 
 made part of several cases now before the Mixed Com- 
 mission at Washington. 
 
 On the part of the United States, possessed, as it is, 
 of great powers and unlimited resources, employing 
 the ablest of Counsel, in all parts of the country, and 
 with an almost inexhaustible treasury, it was a task not 
 difficulttoselectfromamongits former immense military 
 force, and place upon the witness stand, only those who 
 did not hear the orders given for the burning of Colum- 
 bia — those who did not see the pillaging— ^<V>ose who 
 did not assist in the firing of houses — mose whose 
 faith in their successful General remained firm. Nor 
 was it less easy, from among the former slaves of the 
 residents of that beautiful city, to find witnesses ready 
 to corroborate the testimony of their Northern friends. 
 
 On the other hand, the resources, pecuniary and 
 otherwise, at the command of Counsel for individual 
 claimants are but small. The witnesses of the Colum- 
 bia tragedy of February, 1865, being then in great 
 part " war-refugees," are now scattei'ed to the four 
 winds of heaven ; and. believing, as they blindly do, 
 that it is a fact incontrovertible that Columbia was burnt 
 by General Sherman, we can scarce paint in sufficiently 
 strong colors, the diflBculty in obtaining their evidence: 
 although the decision of the "Commission" will, in 
 all probability, be accepted by history as a correct 
 verdict on the issue. 
 
Again, although every member of the Adjudicating 
 Tribunal deserves the thanks of the Southern people, 
 for the patience and care, as well as undoubted honesty 
 of purpose, with which they weigh and determine each 
 point submitted ; yet, as they are strangers to us and 
 our people, we can scarcely expect that the testimony 
 of our citizens, even of the highest standing at home, 
 will, when only seen by the Commissioners in print, 
 outweigh the evidence of the successful Generals 
 and officials of the Capital, with whom they, by the 
 very force of surrounding circumstances, must be 
 better acquainted. To them, moreover, the testimony 
 of the highest citizen and the lowest menial being in 
 type, must be of equal credibility. 
 
 Under these circumstances, before a tribunal for- 
 eign to us, the task which we find in the line of pro- 
 fessional duty forced upon us, of laying the liability for 
 the Columbia conflagration upon the government of 
 the United States is heavier than friends may imagine, 
 and we have, therefore, thought it right and justifiable 
 to place before the people of our Southern country, to 
 whom the question is one of vital interest, such of the 
 testimony of the two leading officers of the United 
 States army, as relates to this question, with extracts 
 from depositions for the claimants, so that the struggle 
 made by the United States Government in its defence 
 may fully appear; and, at the same time, to warn 
 them of the importance of the judgment to be ren- 
 dered, and to beseech them if one spark of patriotism 
 is left to assist us in ferreting out the truth whatever 
 it may be, and without delaj^ to furnish us with all 
 the rebutting testimony in their possession. 
 
 WALKER & BACOT, 
 AUGUSTINE T. SMYTHE. 
 SIMONTON & BARKER 
 
 ]N. B. — Parties desiring to ofi^er testimony, will please 
 communicate with Walker & Bacot, Charleston, S. C, 
 and a Commissioner will be at once appointed to take 
 their testimony in the place where they may reside. 
 
WHO BURNT COLUMBIA? 
 
 EXTRACTS FROM DEPOSITIONS FOR CLAIM- 
 ANTS. 
 
 Extracts from case of J. J. Browne vs. United States : 
 
 Deposition of Wm. D. Stanley. 
 ***** 
 
 8th. Were you in Columbia on the night of the burn- 
 ing? 
 
 A. Yes, sir. 
 
 9th. By what means was the city burned? 
 
 A. By General Sherman's army of United States 
 troops. I saw a man, with the uniform of a United 
 States soldier on, enter the store of Mr. Robert Bryce, 
 on the block immediately opposite where Mr. Browne 
 kept his store, and with a fire-brand about four feet in 
 length, wrapped on one end with canvas, put fire to the 
 store of Mr. Bryce under the roof. All the buildings in 
 that neighborhood were destroyed on both sides of the 
 street. Previous to the general conflagration, I saw a 
 number of soldiers pass me with tin cans and balls of 
 cotton tied up with cord. In an hour or two the city 
 was in flames. * * * A United States soldier told me 
 himself that he set fire to Col. Clarkson's house. The 
 United States soldiers were then all over the city. They 
 appeared to have selected the northwest corner of 
 every square on Main street, in the city, and fire broke 
 out simultaneously from different portions of the city. 
 The wind blew strong from the northwest at the time. 
 Houses standing in detached grounds of from 3 to 40 
 acres were burned at the same time. There were no 
 other soldiers in the city at the time, except the United 
 States soldiers under General Sherman. * * * 
 
A United States officer, who was a perfect gentleman, 
 who was sick in my store, told me that the city of Co- 
 lumbia would be burned that night, which was the 
 night of the 17th of February, 1865, and also explained 
 to me the signals which would be used. I then sent for 
 the mayor of the city and informed him of the fact. 
 While standing in front of my place of business, Gen- 
 eral Sherman with a portion of his staff was passing, 
 and the mayor stopped them, and told him that he had 
 heard that the town would be burned that night. Gen- 
 eral Sherman replied : "Mr. Mayor, you can go home 
 and make yourself perfectly easy; j^our city and citi- 
 zens are just as safe as if there was not a Federal sol- 
 dier within a thousand miles. They shall be protected, 
 if it takes an entire corps of ray army. I will avail 
 myself of some day, when the wind is not so high, to 
 destroy the Confederate property." He then rode on. 
 On that night, notwithstanding this assertion, I looked 
 out for the signals of which I had been informed by the 
 sick officer, and saw them. Immediately after the sig- 
 nals the fire commenced at the northwest corner of 
 every square on the main street. Before this the cot- 
 ton had been set on fire in the middle of the street, but 
 put out by the fire department. About 3 o'clock, on the 
 morning of the 18th, General Sherman ordered his fire 
 brigade to proceed to stop the fire and prevent its fur- 
 ther extension. Very soon thereafter the tire stopped. 
 
 W. B. STANLEY. 
 
 Sworn to and subscribed before me, this the 7th day 
 of February, 1872. ALBERT M. BOOZER, 
 
 U. S. Commissioner Circuit and District Courts 
 for District of South Carolina. 
 
 Miio H. Berr}^, being duly sworn, deposed : 
 * Ht * * * 
 
 I was in Columbia in February, 1865, when the city 
 was burned. * * * The first fire I saw, which was close 
 to me, was set on fire by soldiers. I did not see the peti- 
 
tioner's store burned, but suppose it was burned in the 
 general conflagration. The place I Paw set on fire was 
 set on fire by soldiers wearing the uniform of United 
 States soldiers. This was on the 17th February, 1865. 
 * * * On the morning of the 17th of February, when 
 the army of General Sherman entered, I came into the 
 city, when I found that a committee of citizens had 
 gone to surrender the city to General Sherman. This 
 was about 8 A. M. Directly after, about 10 or 11 
 o'clock, A. M., the army entered. After the army 
 came in, about 12 o'clock, I came down street to the 
 old market, on the main street. There was cotton out 
 in the street near the court-house. The wind com- 
 menced blowing a lively breeze, and the cotton took 
 fire. The soldiers ran for the fire engines, when T met 
 one of the firemen, and told him to open the engine- 
 house, and told him to run out the hose carriage, that 
 they did not need an engine. The citizens and soldiers 
 ran out the hose carriage and put the fire out, I did 
 not see any more fire until about 9 or 10 o'clock that 
 night, and this was the warehouse before mentioned. 
 According to my best of belief I presume there were 
 one hundred bales in the street. The cotton was 
 strewn along the centre of the main street for a con- 
 siderable distance ; the cotton was in bales. The wind 
 kept freshening up all the afternoon. My observation 
 in regard to cotton burning is, that it burns like a live 
 coal ; it does not blaze when packed. The last time I 
 saw the pile of cotton mentioned was about 12 M. of 
 the 17th. I think there were other piles of cotton in 
 the street, but I am not certain in regard thereto, nor 
 can I tell whether or not other cotton was burned, 
 except the first above mentioned. About 5 o'clock of 
 the morning of the I8th, or before, a guard was sent to 
 me. I had, however, procured a guard before. 1 can- 
 not say whether or not General Sherman's army, or 
 any portion thereof, acted as an organized body in an 
 effort to subdue the flames. General Hampton's troops 
 left in the morning previous to the burning. They left 
 fully four hours before I saw the cotton burning as 
 before stated. M. H. BERRY. 
 
8 
 William Glaze., being duly sworn, deposed: 
 
 I witnessed the burning of Columbia. I know that 
 the city was destroyed by Greneral Sherman's army, 
 because they were in the city at the time, and I 
 saw persons in the uniform of United States soldiers 
 setting fire to the city in various places. I saw two 
 such persons fire Mr. Phillips' auction warehouse. 
 They opened the door and threw balls, which they 
 had set on fire, into the building, and in less than 
 twenty minutes the building was in flames. This 
 building was diagonally across from the petitioner's 
 store. It occurred about 7 o'clock, P. M. All that 
 part of the city caught directly after that — in about 
 one-half of an hour. I saw several other houses fired, 
 and among them my own building. I am speaking 
 now of what I saw myself. I saw a building back of 
 the old City Hotel fired by balls by persons wearing 
 similar uniforms, whom I know to be United States 
 soldiers, for they came into my own house. They 
 burned my machine shop. There were about one hun- 
 dred soldiers there at the time. They broke up the 
 machinery and then set fire thereto; not, however, by 
 balls as aforesaid, but by the broken boxes, etc., and 
 oil poured on. In the course of a half of an hour the 
 conflagration became general. Most of the burning 
 was done from that time until about 3 o'clock next 
 morning. I was a member of the city council at the 
 time, and went with the mayor to General Sherman, 
 when General Sherman promised the mayor that there 
 would be no burning that night. I saw no eff'orts on 
 the part of the United States soldiers to subdue the 
 fire ; but, on the other hand, I saw them endeavoring 
 to spread it, and heard some of them remark that it 
 was not half enough. It was on my way home from 
 our conference with General Sherman that I saw Mr. 
 Phillips' warehouse fired. I saw a sky-rocket sent up 
 from the State House yard, where the headquarters of 
 General Sherman were, which I took to be the signal 
 
9 
 
 for the burning of the city, for immediately thereafter 
 the fire burst out all over the city. Soldiers had been 
 stationed at different points in the meantime. 
 
 ***** 
 
 WiM. GLAZE. 
 
 Sworn to and subscribed before me, this 18th day of 
 March, A. D. 1872. 
 
 ALBERT M. BOOZER, 
 
 U.S. Com' r for District of South Carolina. 
 
 t John McKenzie being duly sworn, deposed : 
 
 3fC 3jC 5|C 'T* *** 
 
 I witnessed the burning of Columbia, on the main 
 or Richardson Street. My own residence was burned. 
 It must have been burned by bands of persons, and not 
 by accident. I was a great part of the time about the 
 fire on that night. * * * • Between 9 and 10 o'clock 
 that night, (night of the 17th February,) I observed 
 fires on the western side and eastern side of Rich- 
 hardson Street, toward the State House. About that 
 time I saw fires out of the city, apparently three 
 or four or perhaps six or eight miles distant, and in 
 the suburbs. * * * Soon the fires became 
 general — there were fires in the different parls of the 
 city. We left the main street and went on the back 
 street to Brennan & Cassell's carriage factory, thinking 
 we could there prevent the fire from proceeding on in 
 the back of the city ; but there I gave it up, as the 
 hands left. I saw soldiers during the time rushing 
 about in and out of the stores. I noticed that after they 
 came out several times, fires would soon break outfroni 
 the store entered ; but I did not see any of them put 
 fire to any building, nor did I see them carrying 
 torches ; they did not aid me at night in stopping the 
 fire; I have been for many years President of afire 
 company ; I have been connected with the fire depart- 
 ment for thirty years. From my experience therein, 1 
 
10 
 
 judge that the fire was the work of incendiaries and 
 not of accident. 
 
 I explain this in this way : the fires occurred in twenty 
 or thirty different places at the same time, and so far 
 from each other that they could not have been connect- 
 ed. United States troops told me, in my store in the 
 morning, that I would "see hell to-night;" that they 
 wouldn't leave one store upon another. 
 
 The parties who made the remarks were United 
 States troops, and belonged to General Sherman's array. 
 
 JORN McKENZIE. 
 
 Sworn to, etc. 
 
 Extracted from Depositions in the case of Wood & 
 Heyworth vs. The United States, 
 
 Charleston, Office of U. S. Commissioner, ") 
 April 17th. 1872. j 
 
 Reply to Interrogatories. 
 
 Alfred Huger sworn: Eighty -four years of age; 
 resides in Charleston ; I was Post-master at Charleston 
 before the war, and 1 had held the office for thirty years; 
 I was in Columbia, in February, 1865 ; I was there 
 when the Federal troops entered the town. * * * * 
 
 I had conversations with several officers, and with 
 one who was called Captain ; I don't remember his 
 name. I had a good deal of conversation with him ; 
 and a day or two after the fire this Captain said, in 
 answer to my question as to who had fired Columbia, 
 " We did it." His saying so only confirmed my own 
 impression. If he had said anything else it would not 
 have shaken my belief and impression; and previously 
 to the fire the general impression in the town was that 
 Columbia was to be burned. Nobody was surprised when 
 the fire broke out; and in consequence of this general 
 
11 
 
 impression, I had taken what precautions I could to 
 secure ray family. 1 had conversation, at several times, 
 with two private soldiers, named Goodman & Elliott. 
 They stated that the fire had been done by the army. 
 
 ALFRED HUGEK. 
 
 Sworn to before me, this 17th April, 1872. 
 
 J0H:N F. POKTEOUS. U. S. ComW, 
 
 TV. B. Williams Sworn : 
 
 The officers of General Sherman's army told me that 
 all cotton would be burned and all public buildings 
 destroyed. This is all I know of General Sherman's 
 ordering the cotton to be burned. The shed under 
 which the cotton was stored was private property. Gen. 
 Sherman's army took possession of Columbia at about 
 11 o'clock, A. M. At the time he came in, the city was 
 under its civil officers, and was surrendered to him by 
 them. The Confederate forces had left the city that 
 same morning, and had held military possession until 
 they left. My impression is, that Gen. Beauregard 
 was in command. Gen. Wade Hampton held a posi- 
 tion as one of the commanding officers. There was a 
 good deal of cotton piled in the streets of the city 
 prior to its occupation by the Federal forces, with the 
 intention that it should be burned, and an order was 
 issued to that effect ; but none was burned before the 
 coming in of the Federal troops, and the order was not 
 obeyed, and a portion of the cotton was not burned 
 until the last day of the occupation by the Federal 
 troops, a portion was piled in Main or Eichardson 
 street, in the neighborhood of the old Courthouse ; at 
 this place there was about two hundred (200) bales; 
 the rest of the cotton was piled in different parts of 
 
12 
 
 the town, principally in and about the portion of town 
 called Cotton-town. * * ^h 
 
 W. B. WILLIAMS. 
 
 Sworn to before me, this 15th April, 1872. 
 
 JNO. F. POKTEOUS, U. S. Commissioner. 
 
 To int. 1st. Orlando Z. Bates, aged 58 years, Colum- 
 bia, South Carolina, merchant. 
 
 To int. 3d. The city was in the possession of Gen. 
 Sherman's army after 10 or 11 A. M. on that day. 
 Gen. Sherman was in command of that army , I saw 
 him on that day as he entered the city and passed 
 along the main street at the head of the main body of 
 the army. I was at that time one of the Aldermen of 
 the City of Columbia, and on the morning of the 17th 
 February, A. D. 1865, was informed that the BX)ard of 
 Aldermen would meet at 6 o'clock, A. M. Attended, 
 and was informed by the Maj'or of the city that the 
 city was about to be evacuated by the Confederate 
 troops, and that it would be surrendered to the army 
 of Gen. Sherman. In company with the Mayor, Hon. 
 T. J. Goodwyn, and Alderman McKenzie and Stork, I 
 proceeded to the outskirts of the city and met the ad- 
 vance guard of the Federal army, under command of 
 Colonel Stone, to whom the Mayor tendered the sur- 
 render of the city, informing Col. Stone that there 
 were no troops of the Confederate army in the city, 
 and that the population was chiefly old men, and 
 women and children. Col. Stone accepted the surren- 
 der, and deponent and the persons already named, 
 accompanied by Col. Stone, returned into the city 
 about 12 or 1 o'clock, when I observed a number of 
 scattered Federal soldiers already in the city. There 
 was no alarm of fire, and no burning of any descrip- 
 tion previous to the occupation already stated. The 
 conflagration commenced after the entry of the United 
 States forces. 
 
 To int. 4. A large portion of the city was destroyed 
 by fire during the day and night of the 17th February, 
 1865, and on the following day. I was in the city, and 
 
13 
 
 was at various points in that portion which was de- 
 stroyed at the time of the burning, and saw the burn- 
 ing as it progressed. I saw the burning of several 
 houses in the portion of the city lying between Main 
 street and the gas-works, at about twilight on the 
 17th. A little later the store on Main street, occupied 
 by an Aid Association as a depot of supplies for Con- 
 federate hospitals, near the corner of Plain street, was 
 set on fire. I was present with the fire company, 
 aiding to extinguish it, and saw Federal soldiers slick- 
 ing bayonets into the engine hose, and cutting the 
 same with hatchets and knives. The hose and carriage 
 was finally demolished, and the engine rendered unser- 
 viceable by the soldiers. These fires preceded the gen- 
 eral conflagration. I will also state that a quantity of 
 cotton had been brought out of the cellars of stores, 
 where it had been kept, on the east side of Main street, 
 between Washington and Main streets, and piled in 
 the middle of the street. As the troops passed it, I 
 saw the cotton fired by them striking matches and 
 applying. The cotton thus fired was kept from spread- 
 ing by Mr. McKenzie, the Captain of the Independent 
 Fire Company, having a hose attached to the hydrant 
 at that point, and keeping a stream constantly playing 
 upon it. This was during the afternoon of the 17th 
 February. At about 8 or 9 o'clock, P. M., on the 17th 
 February, I saw several rockets ascend from some point 
 near the State House. Shortly after this my store, 
 which was on Main street, a few doors south of the 
 market, was set on fire, and immediately after this I 
 saw fires arising in various parts of the city, and in a 
 very short time nearly the whole of Eichardson or 
 Main slreet was in flames. I saw several instances of 
 Federal soldiers actually applying fire to buildings, and 
 others carrying torches in various parts of the city for 
 the same purpose. I conversed freely with the soldiers 
 of Gen. Sherman's army, both at the time of the burn- 
 ing and afterwards, and no one ever denied the act, but 
 several expressed regret that the entire city was not 
 destroyed. I saw numbers of them at the scenes of 
 the burning, giving expressions and demonstrations of 
 satisfaction by dancing and otherwise. 
 
14 
 
 To int. 5. Every house from one square south of the 
 State house to Upper Boundary street or Main street, 
 which includes all the business houses, were burnt up, 
 excepting one small house in the extreme northern 
 portion of Main street. All the storehouses containing 
 cotton were burned ; and my observation was, that 
 every bale of cotton in Columbia at that time was 
 burned. The large warehouses in the northern portion 
 of Main street, which were principally stored with 
 cotton, were all burned. 
 
 Cross-examined by James A. Dunbar, Esq., counsel 
 for the United States : 
 
 I was an alderman of this city at the time of its 
 surrender. 
 
 Previous to the surrender the Confederate forces had 
 occupied this city. They evacuated the city on the 
 morning of the 17th February, A. D. 1865, I have no 
 means of knowing who was in command of the Con- 
 federate forces in the city. Generals Beauregard, 
 Joseph E. Johnston, and Wade Hampton, and General 
 Law were here about that time. I saw them some 
 days before the 17th, but not on that day. I saw 
 infantry and cavalry of the Confedi^rate forces leave 
 the city on the morning of its occupation by the 
 Federal forces. The cavalry which was called " Wheel- 
 er's," left in the direction of Winnsboro', at about 9 
 o'clock, A. M., and the infantry at an earlier hour, on 
 the 17th. Prior to the leaving of the Confederate 
 forces cotton was piled up and stored on the back 
 streets of Columbia. One lot was piled in Kichardson 
 street, between Lady and Washington streets, about 
 one hundred yards south of the Court house. There 
 were about ten bales thus piled. This was the only 
 cotton which I know to have been piled on Eichardson 
 street. The bales were ragged and in bad order. This 
 cotton was not fired or attempted to be fired, according 
 to my knowledge, prior to the evacuation by the Con- 
 federate forces, and was not burning until after the 
 troops of General Sherman took possession of the city 
 on the afternoon of the 17th. I first saw it burning 
 about three o'clock of that day. It was not entirely 
 
15 
 
 consumed at that time. It was extinguished first by 
 the Independent Fire Engine Company, and then the 
 hose was attached to the Hydrant, and ordered to be 
 played on until the fire was entirely put out. No 
 United States soldiers assisted in putting out this fire, 
 as far as 1 know of. No cotton was piled on Richard- 
 son street, between Washington and Plain streets, nor 
 between Lady street and the State house. These ten 
 bales, or about that number, was all the cotton which 
 I saw piled on Richardson street. 
 
 At the time I returned into the city, after surrendering 
 the city to Colonel Stone, there was a strong breeze 
 blowing from a westerly direction. When the wind 
 ' did not carry the fire, I saw United States soldiers 
 carry the fire by torches, and apply it to' the buildings 
 which were not then burning. I am unable to state of 
 my own knowledge who started the fire in the first 
 instance. 
 
 I do not know of my own knowledge that General 
 Sherman, or any subordinate officer, issued an order 
 (or orders) that the city should be burned. I never 
 heard General Sherman say to Mayor Goodwyn that 
 private property should not be burned. On Sunday 
 morning, the 19th of February, 1865, I knew the 
 United States soldiers to assist in extinguishing the 
 fire at the residence of Adam Edgar, on Lady street, 
 and in that neighborhood, and their efforts prevented 
 the spread of the fire on that occasion. I do not know 
 that Wood's division of Sherman's army were employed 
 in the effort to extinguish the flames of the general 
 conflagration on the morning of the 18th February. 
 
 At the time of which I have testified, I was not in 
 the Confederate service. 
 
 Cross-examined by Wm. R. Bachman, Esq., Counsel 
 for plaintiffs : 
 
 I do not know of any order being issued by General 
 Sherman that any buildings in Columbia should not be 
 burned ; but I saw an order signed by a Colonel Williams, 
 or some officer posted in the building known as the 
 " Sword Factory," on Washington Street, to the effect 
 
16 
 
 that that building was not to be burned ; I read the order 
 myself. 
 
 That building was not burned, but it was much dam- 
 aged by the soldiers pulling off the weather-boarding. 
 On the 18th February, a little before sunset, I called to 
 see the oflScer of the day at his headquarters, on Plain 
 Street, and, in his absence, was shown by tlae officer, 
 who represented him, an order which forbade the firing 
 of any house in the city, either by soldier or citizen, 
 on the penalty of being shot. After this time, the fire 
 occurred at Adam Edgar's, as I have before stated, and 
 at other places. These fires were extinguished by the 
 aid of the United States soldiers. I do not know of any 
 assistance rendered by the United States soldiers in 
 suppressing the fire on the day and night of the 17th 
 of February. OELA^DO Z. BATES. 
 
 At about 11 or 12 o'clock that night, I saw a squad 
 of United States soldiers enter my premises and apply 
 fire to the out-building by means of some inflammable 
 torches which they put to the buildings. I put out 
 the fires so applied twice, and on the third time 
 my residence and the neighboring dwellings were 
 consumed. 1 saw the soldiers break in the door 
 of the Washington Street Methodist Church, immediately 
 opposite my own residence, and in a few moments after 
 1 saw the smoke and flames coming out of the doors 
 and windows, and the Church was soon consumed. 1 
 was in the company of two United States officers at 
 the time of this occurrence, and they with me witness- 
 ed it. After leaving my own house, at about 1 o'clock 
 of that night, I saw a party of United States soldiers 
 break into the residence of C. P. Pelham,on the corner 
 of Washington and Bull Streets ; I went to the door 
 and saw these soldiers in the upper part of the build- 
 ing, and in a few minutes afterward I saw the flames 
 break out of the upper part of the building, and it was 
 soon burned down ; I saw no other firing by soldiers 
 daring the night. MALCOLM SHELTON. 
 
17 
 
 Extracted from Depositions in the case of David 
 Jacobs vs. The United States. 
 
 Testimony of J. G. Gibbes, 
 
 *y» 3JC 3fC 3jJ 5JC 3(C 5(C 
 
 The city was surrendered to General Sherman about 
 10 o'clock in the morning of Frida)', the 17th Februa- 
 ry, by Dr. Thomas Jefferson Goodwin, the Mayor, 
 about one mile from the limits of the town ; he rode 
 out to meet the army coming in, and the forces entered 
 the city afjd took possession just at 11 o'clock ; I noticed 
 the clock myself as the first van arrived ; no resistance 
 'was offered to General Sherman or his army ; most of 
 the Confederate troops left early on Friday morning ; 
 the rear guard, under General P. B. Young, of General 
 Hampton's command, left just as the Federal troops 
 were entering ; no riots, fire, or pillage had yet occurr- 
 ed on the 17th day ; the first fire commenced about 
 three hours after the first entering ; about 10 o'clock 
 an alarm of fire arose, caused by the burning of some 
 cotton in Eichardson Street ; it was set by the United 
 States soldiers; my own impression is, that that fire 
 was accidentally caused by a cigar being thrown into 
 the cotton ; the alarm of fire was started, the firs 
 engines immediately began to play on it and subdued 
 the flames ; just about the time that it was extinguish- 
 ed, the United States soldiers began to riddle and to cut 
 up the hose with their bayonets ; I was present imme- 
 diately at the fire, which occurred just south of the 
 market; there was no disorder, though the troops all 
 seemed in a good humor, and were laughing and jeer- 
 ing at those who had extinguished the flames, but 
 opposed no resistance except a few drunken men cut 
 up the hose, but the fire had filready been extinguished. 
 
 Q. These drunken men were soldiers? 
 
 A. Yes, sir; and there was some sacking, but was 
 not general; that is, between this fire and night ; I saw 
 several instances myself; my store, amongst the rest, 
 was broken open by the soldiers; no officer present; 
 about seven o'clock in the evening three or four rock- 
 2 
 
18 
 
 ets were thrown up in the extreme northwestern por- 
 tion of the town ; immediately after that fire was seen 
 in three different points in the northwestern part of 
 the city ; the flames spread rapidly from each of those 
 quarters ; there was a strong wind blowing from the 
 northwestern towards the southwesteun direction, 
 which caused the general conflagration ; there is no 
 doubt but that the city was burned by the wind spread- 
 ing the flames ; but whenever they came to a vacant 
 lot and the flames would have stopped, they were start- 
 ed on this side by the soldiers, who had inflammable 
 materials, turpentine and cotton ; I saw various of the 
 soldiers with bottles, with some inflammable materials ; 
 I supposed it to be turpentine, with which they made 
 fire-balls, and started the fire in buildings in that way; 
 my father's house was burned by them after having- 
 escaped the general conflagration ; it was a fire-proof 
 building, and had escaped the flames; I saw them fire 
 the furniture in the house, turn over the piano, tables, 
 chairs, and starting the fire from lace curtains, which 
 they lit from the gas lights; there was a crowd present 
 at my father's house, who did his best to stop these 
 proceedings, but was powerless ; I did not see anything 
 of the transportation of merchandise in vehicles or 
 otherwise ; no restraint was put by the oflScers, and no 
 efl'ort at all made until Saturday morning ; no patrol 
 or provost guard was to be seen suppressing the pro- 
 ceedings ; the signals sent up were those already des- 
 cribed, which were the signals for firing the town about 
 seven o'clock in the evening. 
 
 Q. Whether immediately thereafter fires in various 
 parts of the business portion of the city were about 
 simultaneously started, and state such instances as you 
 witnessed of the setting of such fires, how and where 
 used and by whom done, whether any and what efforts 
 were made by citizens to put out fires ; whether on the 
 17th day an assistance was rendered them, and by any 
 United States soldiers ; whether the hose pipe was cut 
 and any engine used in extinguishing the flames, in- 
 jured by the United States soldiers within jour personal 
 knowledge ; please state if you at any time knew or 
 
19 
 
 heard of any order by General Sherman or his subor- 
 dinate, on the 17th day of February, forbidding the 
 plunder and burning of private stores, buildings and 
 property; if such order was generally on said day 
 known or promulgated, or if you heard of such an or- 
 der issued after the conflagration had been subdued, on 
 the 18th of said February ? 
 
 A. Immediately after the rockets the fire started 
 at three different points in the northwest part of 
 the city, and extended very rapidly in a south- 
 easterly direction ; it was done by soldiers of Gen- 
 eral Sherman's army; efforts were rapidly made by 
 the citizens ; the engines were not turned out that 
 *night, because the hose had been cut when they 
 were playing on the fire of the cotton at 1 o'clock in 
 the day, therefore the engines were of no service, but 
 there were buckets of water, and efforts were made to 
 extinguish the flames by individuals until they were so 
 interfered with by the soldiers that they found it use- 
 less and abandoned all efforts. 
 Q. Were the engines injured? 
 A. 1 think not, only the hose. 
 Q. Did you hear of any order, etc. ? 
 A. I heard of no order ; on the contrary, I have 
 every reason to believe, from information derived from 
 some of his own soldiers, that if the town was not ac- 
 tually destroyed by orders, the men fully understood 
 that they would have license to do as they pleased ; I 
 can give my special reasons for saying that : for in- 
 stance, a house belonging to me, occupied by Dr. Boo- 
 zer, now physician of the penitentiary, was visited on 
 Friday evening by United States soldiers, and in return 
 for some kindness shown them by Mrs. Boozer, his 
 wife, they kindly advised her to remove and conceal 
 everything of value; that the town would be destroyed 
 that night. She came to me and carried me to her 
 house to see these men, who repeated in my presence 
 these statements, but I could not believe it, and dis- 
 suaded her from any attempt to remove; I could not 
 believe such a thing possible, but it turned out as they 
 predicted. 
 
20 
 
 Q. When were you appointed mayor? 
 
 A. The citizens had a meeting the morning after the 
 fire, and sent for me in the State-house yard, and beg- 
 ged me to take hold of the government of the city. * * 
 
 J. G. GIBBES. 
 
 Sworn to, &c. 
 
 Extract from Testimony of Jos. Samson. 
 ****** * 
 
 The soldiers entered the town about ten or eleven 
 o'clock, A. M., and they began to pillage about two P. 
 M. ; and I saw colonels and captains with these soldiers 
 while they were pillagiug; and I saw no effort made 
 by them to put a stop to these acts. I remained in 
 Columbia until 1866, when I returned here to Charles- 
 ton. 
 
 No cross-examination. 
 
 (Signed) JOS. SAMSON. 
 
 Sworn to before me, this 29th day of July, 1872. 
 [SEAL.] JNO. F. POETEOUS, 
 
 U. S. Commissioner. 
 
 Extracts from Depositions in Graveley vs. U. S. 
 Deposition of John A. Civil. 
 
 John A. Civil, a witness for the memorialist, being 
 duly sworn, deposes and says : 
 
 I was a resident of Columbia during the occupation 
 of the city by the forces of General Sherman, in Feb- 
 ruary, 1865. I witnessed the conflagration of said 
 city on the night of the 17th of February, 1865, and 
 the days following. I saw United States soldiers, 
 officers being present with them, put fire to houses 
 during that period. I saw a United States officer and 
 file of soldiers set fire to a storehouse containing cotton 
 on the morning of the evacuation of the city by the 
 United States troops. 
 
21 
 
 Cross-examined by Mr. Bauskett : 
 
 At the time I saw the United States soldiers setting 
 fire to houses the officers present were not assisting 
 Ihera in doing so. I saw one officer attempting to put 
 the fire out. He was the only officer out of them all 
 that I saw attempt to do anything to stop the fire. 
 The officers, when applied to by the members of my 
 family, said they could afford no relief. The first fires 
 which I saw was about seven or eight o'clock in the 
 evening of the 17th of February. When the officers 
 were applied to as stated, several houses in my 
 neighborhood were on fire. There was a little wind 
 at the time, but a strong wind prevailed later in the 
 night. 
 
 JOHN A. CIYIL. 
 
 Deposition of Rowland Keenan. 
 
 Rowland Keenan, a witness for the memorialists, 
 being sworn, deposes and says : 
 
 I am a resident of Columbia, and was present at the 
 burning of Columbia, on the 17th February, 1865. I saw, 
 during that burning, soldiers in the uniform of the 
 United States setting fire to buildings in Cotton Town. 
 At that time there were United States officers mingling 
 in the crowd, and they made no effort to prevent the 
 burning. I saw Federal soldiers set fire to the store- 
 house belonging to Mrs. Law, at the corner of Upper 
 and Richardson streets, in the city of Columbia. The 
 house was filled with cotton, and the building and cot- 
 ton were completely destroyed by the fire. 
 
 Cross-examined by Mr. Bauskett : 
 
 I saw a company of twelve or thirteen Federal sol- 
 diers, with torches in their hands, setting fire to several 
 cotton houses in the upper part of Columbia, and there 
 were five or six officers in that party. The streets were 
 crowded with troops at that time. I did not see the 
 
22 
 
 officers actually assisting in the burning, nor did I see 
 them make any efforts to prevent it or put it out. 
 
 Cross in reply by Mr. Walker : 
 
 The soldiers spoken of as setting fire must have done 
 so under the observation of the officers present. 
 
 By Mr. Bauskett: 
 
 Could the officer have controlled the men on that 
 occasion ? 
 
 The witness Bays, on the only occasion on which I 
 saw them attempt it, they controlled them with ease. 
 
 E. A. KERNAN. 
 
 Deposition of Ptolemy Chambers. 
 
 Ptolemy Chambers, a witness, being duly sworn, de- 
 poses and says: 
 
 I was a resident of Columbia on the 17th February, 
 1865. On that night I saw, early in the evening, Fed- 
 eral soldiers, commanded by an officer, setting fire to 
 houses in the upper part of the city of Columbia. I 
 lived in the immediate neighborhood, and saw the cot- 
 ton house of Mrs. Law burning in the general confla- 
 gration, on the night of the 17th February, 1865, and, 
 with its contents, it was entirely destroyed. 1 know 
 that it was filled with cotton belonging to Fisher and 
 Aguew & Co. 
 
 P. P. CHAMBERS. 
 
 Deposition of Charles F. Jackson, 
 
 Charles F. Jackson, a witness, being duly sworn, de- 
 poses and says : 
 
 I am a native of England. I was on Main street, in 
 the City of Columbia, on the occasion of the entry of 
 the main army of General Sherman, on the 17th Feb- 
 ruary, 1865. I witnessed the seventeenth army corps 
 march through the Main street, and was struck by the 
 
23 
 
 perfect order and equipment of the said corps. At the 
 time the advance corps were disbanded and breaking 
 into and plundering the stores along their line of march, 
 and though from the discipline of the said 17th corps, 
 it would have been easy to have prevented this pil- 
 lage, no attempt was made so to do. On ihe night 
 following I witnessed United States soldiers with balls 
 of combustible material, lighting them, and flinging 
 them about the streets and over and under the houses. 
 Federal officers at the same time mingling in the crowd. 
 The conflagration of Columbia, I believe, could have 
 been prevented, judging from the perfect discipline of 
 the United States army when under orders, as I saw it 
 on that day. Subsequent to the destruction of Columbia 
 I saw a United States officer, whose name I do not now 
 remember, who stated to me that the burning of Co- 
 lumbia was premeditated, and he stated to me that he 
 had seen the plan of march as mapped out, and that 
 Columbia was marked for conflagration, and that it 
 was a general understanding in the army that Columbia 
 was to be burned. He further stated that any statement 
 made by General Sherman to the contrary was a lie. 
 
 [The counsel for the United States objects to the ad- 
 mission of any statement made to witness.] 
 
 C. F. JACKSON. 
 
 DEPOSITIONS FOR DEFENCE. 
 
 Washington, December 10, 1872. 
 
 Commission met pursuant to notice. 
 
 Present — A. S. Worthington, Esq., counsel for the 
 United States, and George E. Walker, Esq., counsel for 
 claimants in Nos, 103, 228, 249, 292, 294, 295; M. N. D. 
 Wells, Esq., counsel for claimants in Nos. 371, 458, 459, 
 and Edward Janin, counsel for claimants in Nos. 131, 
 132, 133, 135, 136, 220, 221, 222. 
 
24 
 
 The examination of witnesses was proceeded with as 
 follows : 
 
 Deposition of 0. 0. Howard. 
 
 The deposition of O. O. Howard, a witness produced, 
 sworn, and examined on the part and behalf of the 
 United States in the cause above entitled, now depend- 
 ing before the abovenamed Commission, taken before 
 me, a United States commissioner in and for the Dis- 
 trict of Columbia, at Washington, in said district, on the 
 tenth Day of December, 1872, pursuant to a notice to 
 that effect duly given by the Agent and Counsel for the 
 United States. 
 
 Mr. A. S. Worthington appeared on behalf of the 
 United States; Messrs. George R. Walker, Bartley, 
 Denver, Mackay, and Wells, on behalf of claimants. 
 
 The said O. O.Howard, having been first by me duly 
 sworn to tell the truth, the whole truth, and nothing 
 but the truth, deposes and says: 
 
 My name is O. O. Howard; my age is 42 years; my 
 residence is District of Columbia; I am a native of 
 Maine; rny position is that of a General in the United 
 States army. 
 
 Preliminary question propounded by the officer tak- 
 ing this deposition: 
 
 Have you any interest, direct or indirect, in the claim 
 which is the subject-matter of the above-entitled cause, 
 or of this examination ? If so, state the nature and ex- 
 tent of such interest. 
 
 Answer. • I have no interest. 
 
 Being examined by Mr. Worthington, of counsel for 
 the United States, the witness further deposes and says: 
 
 Q. State what your rank in the United States army 
 was in February, 1865? 
 
 A. I was Major General of volunteers at that time; 
 I think I was not a Brigadier General in the regular 
 army until March following. 
 
 Q. What was your command in February, 1865 ? 
 
 A. I commanded the army of the Tennessee, consti- 
 tuting the right wing of General Sherman's army. 
 
25 
 
 Q. Operating in the State of South Carolina? 
 
 A. Yes, sir. 
 
 Q. Please state the principal points through which 
 }Our command passed in the march from Savannah to 
 Goldsboro'. 
 
 A. The principal portion of my command was trans- 
 ported to Beaufort, South Carolina; thence [marched] 
 northward through Pocotaligo, Orangeburg, Columbia, 
 Cheraw, Fayetteville ; subordinate columns swept into 
 different towns; General Slocum had the left wing; he 
 was at the north of me; mine was the right line of 
 march. 
 
 Q. During the march under what orders from Gen- 
 eral Sherman were you acting in respect to private 
 property ? 
 
 A. They were to take such provisions as were neces- 
 sary for the subsistence of the army, but generally to 
 spare private property, with some few exceptions ; cot- 
 ton was excepted ; 1 was directly instructed again and 
 again to destroy the cotton. 
 
 [Objected to by Mr. Walker, as the orders will show 
 for themselves, they being the best testimony.] 
 
 A. (Continued.) I will put in evidence the orders I 
 received from General Sherman, and the orders I issued 
 on the subject, if it be desired. 
 
 Q. On what day did you enter the town of Columbia 
 yourself? 
 
 A. The 17th of February, 1865. 
 
 Q. Please state, in your own way, your recollection 
 of the circumstances attending the occupation of that 
 city and the destruction of a portion of it? 
 
 A. On the 15th of February, in the vicinity of Co- 
 lumbia, opposite thereto, across the Congaree, we met 
 with much resistance at Congaree creek, and had to 
 push our way very slowly, the enemy retiring before 
 us; when we arrived opposite Columbia we found the 
 bridge across the Congaree destroyed by fire ; we mov- 
 ed up to where the two rivers, the Saluda and the 
 Broad, conjoined to form the Congaree ; the bridge 
 across the Saluda was destroyed by fire by the enemy; 
 we bridged that and crossed our troops; the other 
 3 
 
26 
 
 bridge, when we reached the land intervening between 
 ihe two rivers, was still standing, but as we attempted 
 to cross it it was set on fire by the enemy, and, having 
 been covered with rosin, was in flames in a moment, so 
 that even the Confederate cavalry rushed northward 
 to save themselves, some of them without crossing ; our 
 iroops spent the whole night in getting across the 
 Broad, which was a very difficult river; we ferried 
 over a brigade at the beginning by means of ropes and 
 boats ; that brigade was the brigade of Colonel Stone, 
 and pushed its way up the hill slowly against the enemy, 
 retiring; the enemy passed through Columbia, and the 
 mayor came to the outside of the city and surrendered 
 the city, I think between 10 and 11 o'clock, say 10 
 o'clock; in the meantime a regular bridge was laid 
 iicross the Broad river, and General Sherman and my- 
 self crossed over, riding side by side, before any other 
 troops from this leading brigade had passed; it was 
 ;ibout half-past ten that Greneral Sherman and I rode 
 over ahead of all the remaining portion of the troops 
 ihat had not been ferried over, and rode directly on to 
 I he city, a distance of about three miles, entering it in 
 what we called the main street ; I believe the name as 
 it appears on the map, is Eichardson street ; it was the 
 one which led directly to the capitol ; at every corner 
 of the street we met crowds of people, principally 
 negroes; not very far from the market house we met 
 I he mayor of the city, who had a short conversation 
 vith General Sherman ; as my troops alone were to 
 have charge of the city, I observed very carefully the 
 lisposition of the guards of the leading brigade, Colonel 
 Stone's; sentinels were located in front of buildings of 
 any considerable importance, and on the main street 
 the principal portion of the brigade was in rest, wait- 
 ing for orders; there was only that one brigade ; we 
 vvere ahead of all the rest ; near the brigade was an im- 
 mense pile of cotton ; bales were broken open in the 
 middle of the streets, and were on fire ; an engine was 
 playing upon the fire, and soldiers and citizen were 
 engaged apparently in extinguishing it; General Sher- 
 man was met with much enthusiasm by a company of 
 
27 
 
 soldiers ; observing them closely I saw that some of 
 them were under the influence of drink. 
 
 Mr. Walker : 
 
 Q. Were these United States soldiers? 
 
 A. Yes, sir ; there were apparently no others there ; 
 I ordered those that were drunk under guard immedi- 
 ately, and made every disposition necessary for the 
 protection of property ; we rode together past the mar- 
 ket down to the railroad depot, called the Charleston 
 depot, I think, on the road going from Charleston 
 to Columbia; that depot was smouldering, having been 
 burned by the rebel troops on evacuating Columbia. 
 
 Mr. Walker: 
 
 Q. How do you know that? 
 
 A. Only from the testimony of a great many who 
 saw it. 
 
 [The statement of the witness as to the rebel sol- 
 diers having set the depot on fire, was objected to by 
 Mr. Walker on the ground that the witness does not 
 know it of his own personal knowledge.] 
 
 A. (Continued.) We rode to a foundry where guns 
 had been cast, and observed that, and went afterwards 
 through several streets together, when I separated, 
 from General Sherman, selected my headquarters, and 
 gave the necessary orders for the thorough care of the 
 troops and of the city for the night ; General Sherman 
 took his headquarters at the house of Blanton Duncan 
 and I mine at a house near the University, belonging 
 to one of the professors ; after this disposition I lay 
 down to take a little rest, and was awaked first about 
 dark by one of my aids, who said the city was on fire; 
 I sent the aid, Captain Gilbreth, immediately to ascer- 
 tain where the fire was and -to call upon General 
 Charles R. Woods, the division commander, who had 
 the immediate command of the city, to prevent the 
 extension of the fire ; I then at once dressed myself and 
 went to the scene ; there I met General John A. Logan, 
 who was my next in rank and who commanded the 
 corps ; we consulted together, and took every precau- 
 tionary measure we could think of to prevent the ex- 
 
28 
 
 tension of the flames, sometimes ordering the tearing 
 down of sheds and small buildings, protecting the 
 citizens, assisting them in the care of their property, 
 and guarding it ; much of the property was thrown 
 into the streets ; personally I set a great many soldiers 
 during the night to extinguishing the flames from the 
 houses, and they went to the top of the houses where 
 water was passed up to them ; nearly everything in my 
 immediate vicinity was saved ; a perfect gale from the 
 northwest had commenced about the time we crossed 
 the bridge, or before that, and continued all night, or 
 until, I should say, between two and three o'clock in 
 the morning ; , it seemed at first utterly useless to 
 attempt to stop the flames; they were so hot that 
 many of our own soldiers were burnt up that night; 
 when the wind changed, however, it was easy to pre- 
 vent any further extension of the fire ; it was done; 
 some of our men behaved badly on account of being 
 under the influence of drink, but they were replaced by 
 fresh men as soon as their conduct came to the know- 
 ledge of the ofiicer in charge ; the first brigade — Stone's 
 — was relieved by another brigade of General Wood's 
 division, and finally the entire division of General 
 Hazen was brought into the city to assist ; all the men 
 who misbehaved that we could seize upon were kept 
 under guard until the next day and punished ; there 
 were quite a number of our men who had been taken 
 prisoners and were held by the Confederates ; they 
 appeared in the streets of" Columbia soon after our 
 arrival; I do not know myself where they were con- 
 fined; the penitentiary was also opened and all its pris- 
 oners loosed ; I found during the night a reckless mob 
 very often, sometimes insulting ladies, and sometimes 
 rushing into houses and pillaging ; 1 did not see any- 
 body setting fires ; General Sherman himself stayed up 
 with us for the most of the night ; General Logan and 
 General Woods were on the ground all the time until 
 the fire abated, and I believe did everything they could 
 to prevent it? General Sherman's order to me to 
 destroy certain classes of property is a part of our 
 record, and I remember the tenor of it. 
 
29 
 
 [Objected toon the ground that the record testimony 
 should be produced.] 
 
 A. (Continued.) I would like to make it a part of 
 ray testimony. 
 
 Mr. "Worthington : 
 
 Q. State your recollection of it, G-en. Howard ? 
 
 A. It was that certain buildings of a public nature 
 should be destroyed, such as arsenals, armories, pow- 
 der-mills, depots ; but that private property and asy- 
 lums, so-called, should be protected ; 1 saw that the 
 wind was so high that it would be impossible to de- 
 stroy that class of buildings by fire on the evening of 
 the 17th of February, and, therefore, refrained at tjaat 
 time from putting the order into practical execution. 
 On the 18th and 19th those buildings of that class that 
 were left from the flames were destroyed. I have in 
 my report an accurate list of them ; the flames of this 
 burning of the night of the 17th had destroyed a part 
 of these other buildings included in the order. We 
 destroyed also the railroad track. Though the order 
 was to destroy cotton in South Carolina, yet no cotton 
 remained that 1 know of after this fire to be destroyed ; 
 none was destroyed, according to my recollection, 
 
 Q. State what actual hostilities occurred near Co- 
 lumbia immediately before its occupation, if any ? 
 
 A. We had very heavy resistance on the other side 
 in the vicinity of Congaree Creek, and all the way 
 along ; we had also very heavy resistance in crossing 
 the Broad-— the last river — the enemy's troops being 
 posted in a very covered position ; we hardly could 
 reach them ; they annoyed our troops and killed many ; 
 there we had our sleeping camp shelled during the pre- 
 ceding night — the night of the 15th, if I remember 
 correctly — from the Columbia side from a battery in 
 the vicinity of Columbia ; it excited the hostile feeling 
 of the oflScers and soldiers very much indeed; they 
 thought it was contrary to the rules of war. After 
 we crossed the river there was scarcely any resistance ; 
 I think there was none in the immediate vicinity of 
 Columbia after the Mayor met us. 
 
30 
 
 Q. Do you know where these drunken soldiers ob- 
 tained their liquor ? 
 A. I know they obtained it in Columbia. 
 
 Mr. Walker : 
 
 I would like the witness to state how he knew this ; 
 whether it is hearsay or what? 
 
 The Witness. It was not hearsay; I know the 
 troops obtained it in Columbia ; I know they had not 
 any until they went into the city ; I have testimony — 
 for 1 investigated very thoroughly — that citizens car- 
 ried pails of whiskey along the ranks, and that the 
 men of the leading Brigade of Col. Stone drank with 
 dippers out of the pails. 
 
 Mr. Worthington : 
 
 Q. You have said that you made every disposition 
 for the security of the private property immediately 
 after your entry into the city ; I wish you would state 
 more particularly what measures you took for the se- 
 curity of private property ? 
 
 A. The orders were general as to the manner of lo- 
 cating a brigade or a division in a city, and this brigade 
 or division conformed to the general order; I saw 
 them by my own observatiob, taking up a central place 
 for the main portion of the brigade, and distributing 
 different detachments to different parts of the city ; 
 locating sentinels very much as policemen are located 
 in a city for its care; then I gave verbal instructions 
 to General Charles E. Woods, G-eneral Logan not hap- 
 pening to be near me; they should have been given to 
 General Logan, but I gave them directly to General 
 Woods, and he, doubtless, reported my orders to Gen- 
 eral Logan; he, at any rate, obeyed the order; seeing 
 some of these men in the first brigade under the influ- 
 ence of drink, my first order to him was to send in 
 another brigade that had not had any drink, which he 
 did ; my next order went through General Logan, to 
 send a division into the city, which was Gen. Hazen's 
 division ; General Logan himself took the immediate 
 disposition of those two divisions; they were under 
 his command and formed a part of it ; he had four 
 
31 
 
 divisions, and these were two of them ; the sentinels I 
 tested myself as to the orders that had been given 
 them, and those in front of houses told me that they 
 had orders to watch against all fires, or against an}^ 
 pillaging parties, and to see that no wrong should 
 be done to private property where they were located ; 
 one or two executed the orders so thoroughly that 
 after the fire had caught roofs they hindered people 
 from going in, but those sentinels were at once re- 
 placed, as it was the effect of the whiskey which did 
 that ; I took pains myself, as did my staff, to go about 
 and to see, as far as possible, that everything was done 
 rightly as ordered, for it was a fearful condition of 
 things, with such a fire, and with so many women and 
 children in the city. 
 
 I would further say, to show our disposition towards 
 the inhabitants, that though we were in war we left 
 five hundred cattle for the people who had been burnt 
 out, and who were without food, and also provisions, 
 and had them carted to the State House, and we also 
 assisted the mayor in a method by which he could get 
 provisions from those outside the city. 
 
 Q. Were any applications made to you by the citi- 
 zens before or during the fire for guards to protect 
 their property? 
 
 A. Constantly. 
 
 Q. What was your reply to them ? 
 
 A. I always sent them ; where we had not soldiers 
 immediately at hand, my aids themselves went ; Lieu- 
 tenant McQueen, one of my staff officers, stood sentinel 
 the whole night, and protected the property of the 
 Rev. A. T. Porter, of the Episcopal Church, and re- 
 ceived his gratitude for it. 
 
 Q,. Do I understand you to say that no cotton was 
 burned in Columbia by your order ? 
 
 A. None whatever. 
 
 Q. If this fire had not occurred, what would you 
 have done with the cotton in Columbia ? 
 
 Mr. Walker. I object to all answers to that ques- 
 tion, and to all testimony elicited by it. 
 
 A. I had no specific orders to burn the cotton in Co- 
 
32 
 
 lumbia, and I should not have burned it without con- 
 sulting with the General-in-chief ; if he had ordered it 
 to be burned, I should have burned it; and if he had 
 ordered it to be spared, I should have spared it. 
 
 By Mr. Worthington : 
 
 Q. Do you know anything about some rockets hav- 
 ing been sent up in the vicinity of the State House on 
 the night of the 17th of February ? 
 
 A. 1 do. 
 
 Q. State what you know about that? 
 
 A. The rockets were sent up by the signal corps ; 
 the left wing was quite a distance from us. General 
 Blair's corps was located outside of the city, and one- 
 half of General Logan's, and it was customary for the 
 signal oflScers attached to each division or corps to 
 communicate with their neighbors as to where they 
 were, or to give any events of the day; they did it in 
 the day time by flags, and at night by rockets, and 
 this was done that night; the signals meant nothing 
 else that I know of. 
 
 Q. Do you know of any understanding before the 
 occupation of Columbia, or after it was occupied, that 
 it was to be destroyed ? 
 
 A. On the part of whom ? 
 
 Q. On the part of anybody ? 
 
 A. By the oflScers there was a distinct understand- 
 ing that it should not be destroyed, and those were the 
 orders ; that is, the private property, asylums, &c. ; 
 on the part of the men, I dont know anything about 
 it; I have no knowledge whatever; they always had 
 to obey orders ; I think, perhaps, I had better finish 
 with this, on the part those prisoners I have described, 
 though it was only hearsay. 
 
 [Objected to.] 
 
 A. (Continued.) I will say this: there may have 
 been such a plot on the part of the prisoners. 
 
 [Supposition objected to.] 
 
 Mr. Worthington : 
 
 Q. Did you hear anything from the prisoners them- 
 selves, or any of them, in that regard ? 
 
33 
 
 A. I did. 
 
 Q. State what it was ? 
 
 [Objected to.] 
 
 A. A lieutenant of our army, who had escaped from 
 the jail at Columbia, told me that when he mingled 
 with the crowd, he thought that mischief was to be 
 done ; he said, being demoralized, before he was restrain- 
 ed by any officer, he mingled in with those who were 
 doing mischief; not specially the burning of Columbia, 
 but doing mischief such as soldiers do when they sack 
 a town ; I inferred from what he told me that the pris- 
 oners had no good will towards Columbia. 
 
 [Objected to on the ground that the officer of the 
 United States army should be produced to testify for 
 himself.] 
 
 A. (Continued.) I can ascertain his name ; I know 
 him, but his name has gone from my memory; my 
 report, made at the time, was quite full, and I would 
 rather have that as a part of the record than my simple 
 statements from memory. 
 
 Q. Have you that report here ? 
 
 A. I have a copy of it. 
 
 Q, Tour retained copy ? 
 
 A. My retained copy. 
 
 [Counsel for the United States offers to put in evi- 
 dence General Howard's retained copy of his report to 
 which he has just referred, to which Counsel for the 
 claimant objects, and requests that a copy from the 
 original on file at the War Department be obtained. 
 Counsel for the United States therefore withdraws his 
 offer.] 
 
 Q. Did you at that time keep a diary of these occur- 
 rences ? 
 
 A. I did. 
 
 Q. Have you that with you ? 
 
 A. I have. 
 
 Q. I will ask you to look at it, and read therefrom 
 your notes of February 17, 1865 ? 
 
 [Objected to on the ground that the official report is 
 the best evidence that can be given by the witness of 
 the occurrences in Columbia.] 
 
34 
 
 A. These are my official field-notes, from which I 
 made my report. (Eeading:) 
 
 Near Columbia, S. C., ) 
 Friday, February 17th, 1865. J 
 
 Early this morning skirmishing commenced on the 
 banks of the Broad river, and a force thrown over in 
 boats. The enemy was soon driven from the banks of 
 the river, and a pontoon commenced. Artillery was 
 used by us, and the skirmishing continued, our troops 
 advancing up the hills on the east bank till about ten 
 A. M., when the Mayor of Columbia appeared to our 
 skirmish line with a flag of truce, and formally surren- 
 dered the city. 
 
 The pontoon was soon finished, and the troops com- 
 menced crossing. General Wood's division, which had 
 effected the crossing, were encamped about town. The 
 remainder of the 15th corps was pushed out through the 
 town and across the Charlotte Kailroad, where they 
 went into position, facing northeasterly. 
 
 The 17th corps commenced crossing the Saluda early 
 this forenoon, and followed the 15th corps across the 
 Broad. They are crossing the Broad to-night, and are 
 taking a position on the left of the 15th corps. 
 
 Greneral Gr. A. Smith had early in the day secured 
 some boats, and had thrown some men over the Conga- 
 ree river. These had advanced into the city and 
 planted their colors about the same time with the 
 pickets of the 15th corps. 
 
 The streets of the city were filled with burning cot- 
 ton, which the very high winds was blowing about; 
 from this is supposed to have originated a fire which 
 broke out in the evening, and which swept over about 
 one half .of the city. 
 
 Another thing which may have started it, or which 
 at least made it worse, was the fact that on the entry 
 of our soldiers into the city, many of the citizens and 
 negroes, in the hopes of conciliating our men, gave 
 them a large amount of whiskey, which made the men 
 totally unmanageable. 
 
 The brigade which was guarding the town (Colonel 
 
35 
 
 Stone's) was immediately removed from the city, and 
 another one took its place. 
 
 No wagons, except ammunition, were brought over 
 Broad river to-night. The General commanding re- 
 mains in the city to-night. 
 
 In this record, which must be more accurate than 
 my memory, I notice it speaks of the removal of this 
 brigade ; I was thinking that it was not removed 
 entirely when I gave my testimony. 
 
 Mr. Walker : 
 
 Q. Is that your handwriting? 
 
 A. No, sir, it is not ; 1 very seldom made my own 
 record, I dictated it ; that was at my dictation. 
 
 Mr. Worthington : 
 
 You may read also your entry of February 18, 1865. 
 
 A. (Reading :) 
 
 Columbia, South Carolina, 
 
 Saturday, February 18, 1865. 
 
 The wagon trains and everything belonging to the 
 army moved into the city to-day. 
 
 The two corps are engaged in destroying the rail- 
 roads and public buildings to-day. The G-eneral has 
 been engaged all day in trying to alleviate the suffer- 
 ings of the citizens burned out, &c. Escaped soldiers 
 and officers, prisoners of war, keep coming in, having 
 escaped from the enemy. 
 
 That record of the 18th February was not at my 
 dictation ; it was by my adjutant, 
 
 Q. But the one of the 17th you say was dictated by 
 you ; taken down by an amanuensis, I suppose ? 
 
 A. Yes, sir. 
 
 Mr. Walker : 
 
 Q. What date did this dictation take place ? 
 
 A. That record of the 17th was dictated on the 
 morning of the 18th. 
 
 * Hi * * * 
 
 The witness was now examined as to Cheraw and 
 Camden.) 
 
 ***** 
 
36 
 
 Mr. WorthingtOD : 
 
 Q. At any point in your march from Savannah to 
 Goldsborough, did you order the destruction of any 
 private property, cotton excepted ? 
 
 A. I do not remember any; certainly none that would 
 not have been taken for public use ; if we met with 
 whiskey in quantity, whether it was public or private 
 property, we destroyed it to prevent the demoralization 
 of our troops, and if we came across a large pile of corn 
 that could have been used for the troops or the animals, 
 and could not carry it off, we destroj^ed it ; in one case 
 we ordered the destruction of a pile of corn at some 
 point, I think, between those two places, but I am not 
 quite sure; I think I can state positively that there 
 was nothing else, purely private, beside that, ordered 
 to be destroyed. 
 
 Q. Is there anything else in this connection which 
 you would like to state? 
 
 A. I would only say that the name of the officer, 
 whom I have heretofore mentioned as an escaped pris- 
 oner from Columbia, is Captain E. M, Carpenter, 6th 
 Pennsylvania cavalry. 
 
 Cross-examination : 
 
 By Mr. Walker: 
 
 Q. Do I understand you to say you were second in 
 command in the city of Columbia? 
 
 A. I was second in command of all the troops ; pro- 
 bably you would say principal in command in Columbia. 
 
 Q. General Sherman was the commanding officer of 
 the army, was he not? 
 
 A. General Sherman was in comm'and of all the 
 troops in that vicinity; in all that region. 
 
 Q. Who was his second? 
 
 A. I was. 
 
 Q. Did General Sherman give instructions or orders 
 except through his second in command ? 
 
 A. He very often gave them. ' 
 
 Q. Through others ? 
 
37 
 
 A. To others ; directly to the division commanders, 
 and sometimes to company commanders. 
 
 ***** 
 
 (The witness here testified as to the burning of 
 Orangeburg.) 
 
 3jC Jfi 3|C SjC 2K 
 
 Q. When you reached the Congaree river, I under- 
 stand, you met a resistance; how many miles up the 
 river then did you move from your first position oppo- 
 site Columbia before crossing ? 
 
 ■ A. You misunderstood my testimony ; it was Conga- 
 ree creek, instead of Congaree river, where the severe 
 resistance was first met ; but from the place opposite 
 Columbia, where we halted, it was three miles to the 
 factory where we crossed the Saluda ; Congaree creek, 
 I think, is is some six miles below that making about 
 nine miles from where we first struck Congaree creek 
 to the factory; my memory is not very accurate about it. 
 
 Q. You met this resistance, then, six miles below 
 Columbia ? 
 
 A. The first resistance. 
 
 Q. The first severe resistance ? 
 
 A. The first, I speak of; at the crossing of Congaree 
 creek. 
 
 Q. When you were directly opposite Columbia did 
 you meet with any resistance then ? 
 
 A. All the way up. 
 
 Q. Did you meet with any hostility from the Colum- 
 bia side ? 
 
 A. Yes, sir, very severe ; that was the worst shelling 
 I saw. 
 
 Q. That was the night you were directly opposite 
 Columbia? 
 
 A. Yes, sir; asleep in camp. 
 
 Q. Who was the General commanding the forces 
 opposed to you ? 
 
 A. Gen. Wade Hampton seemed to be in command. 
 
 Q. He fought you all along the line of the Congaree 
 river, as I understand you ? 
 
 A, General Butler was in immediate command of the 
 troops that opposed us on that side of the river, but 
 
38 
 
 General Wade Hampton was on the other side of the 
 river — on the Columbia side, and had command of all 
 the troops. 
 
 Q. Have you ever met General Wade Hampton since 
 the war? 
 
 A. Yes, sir. 
 
 Q. Have you ever discussed with him the subject of 
 the capture and destruction of Columbia ? 
 
 A. I had a conversation with him on that subject. 
 
 Q. What was the date of that conversation ? 
 
 A. I don't remember ; I paid several visits to Colum- 
 bia while I was in charge of the Freedmen*s Bureau, 
 and in one of those visits I had a conversation with 
 him ; I do not remember and cannot recall it. 
 
 Q. Was any one else present at the period of this 
 conversation ? 
 
 A. Yes, sir ; 1 think it was General E. K. Scott ; 
 some one was there. 
 
 Q. No one else? 
 
 A. I do not remember. 
 
 Q. Was there any one there to take down the con- 
 versation ? 
 
 A. Not that I know of; it was a mere informal con- 
 versation ; there was nothing pending ; we were merely 
 talking as two officers do. 
 
 Q. You were not aware that there was a newspaper 
 reporter taking down the conversation at the time ? 
 
 A. No, «ir, I was not; if I had I would not have 
 opened my mouth. 
 
 Q. Do you know Mr. De Fontaine ? 
 
 A. No, sir; I never saw him to my knowledge. 
 
 Q. Do you remember what you said in the course of 
 that conversation? 
 
 A. No, sir ; I don't recall it ; but I feel perfectly sure 
 that I said about what I have said in my official report ; 
 we might have conversed about some details that are 
 not in it. 
 
 Q. Did you admit or state, in the course of that con- 
 versation, who destroyed Columbia on the night of the 
 17th of February, 1865 ? 
 
 A. Yes, sir; I think I stated that the Confederate 
 troops set it on fire. 
 
Q. That the Confederate troops set it on fire ? 
 
 A. Yes, sir; I think so ; that was the matter of dis- 
 cussion between us. 
 
 Q. You did not admit that it was the Federal troops, 
 excited by drink, that did it ? 
 
 A. I may have said this ; that doubtless men excited 
 by drink set fires. 
 
 Q. But not your men ? 
 
 A. I didn't say our men set them. 
 
 Q. You did not state, then, or at any other time, 
 that it was your belief that the United States soldiers 
 set fire to Columbia; you positively swear that? 
 
 A. I do not wish to make a direct answer to that 
 question, because 
 
 Q. I would like a direct answer, General ? 
 
 Mr. Worthington. Let the witness finish his answer. 
 
 The witness. I do not, like to make a direct answer, 
 because I have often said that I thought some of this 
 crowd of stragglers, in which were soldiers from differ- 
 ent parts of the army that had come into the town 
 and from the jails, as I have described, set fires ; I have 
 said that I believed they did that under the influence of 
 drink ; but not that they primarily set the city on fire ; 
 I have never said that, neither do I believe it. 
 
 Q. About what hour of the night of the 17th of Feb- 
 ruary was it that you arrived at the scene of the con- 
 flagration ? 
 
 A. Just after dark, when it was first reported to me. 
 
 Q. Do you know of your own knowledge — not from 
 hearsay — that there were any United States prisoners 
 in the penitentiary at Columbia on the night of the 
 17th of February, or the day previous ? 
 
 A. I know of my own knowledge that Captain Car- 
 penter was a prisoner, and that I put him on my staff 
 in order to take care of him, and that he came with me 
 all the way North ; I. do not know of my own personal 
 knowledge of any other prisoner except by official re- 
 ports. 
 
 Q. did these prisoners wear the United States uni- 
 form? 
 
 A. Generally they had some of it left ; the pants 
 were almost always blue. 
 
40 
 
 Q. They were rarely fully equipped in uniform ? 
 
 A. No ; very seldom. 
 
 Q. Did you see the rockets fired previous to the con- 
 flagration, or at any time after that period ? 
 
 A. I did not see them. 
 
 Q. Then you know nothing about them except from 
 hearsay ? 
 
 A. I had a signal officer on my staff who was engag- 
 ed in throwing them up, and so reported to me ; that 
 was the best evidence in the world to me. 
 
 Q. The best evidence then would be the official 
 reports ? 
 
 A. Yes, sir. 
 
 Q. All of which are filed in the War Department ? 
 
 A. Yes, sir ; or the testimony could be obtained of 
 this officer, whose name I have. 
 
 Mr, Worthington : 
 Q. State his name? 
 
 A. First Lieutenant J. P. Sampson, signal corps, 
 United States army. 
 
 Mr. Walker: 
 
 Q. Do you know of any barns, cotton-gins, mills, 
 machinery, or any property of that nature, destroyed 
 upon plantations on your line of march ? 
 
 A. I do know of it. 
 
 Q. There was quite a large amount of it destroyed, 
 was there not? 
 
 A. Yes, sir, quite considerable. 
 
 Q. Are you cognizant of the fact that large numbers 
 of houses of private citizens were destroyed during 
 that march? 
 
 A. Yes, sir, there were — a very large number. 
 
 Q. By troops of the United States ? 
 
 A. That I do not know, but I presume so ; by soldiers. 
 
 Q. You presume they were destroyed by the troops 
 of the United States ? 
 
 A. Yes, sir. 
 
 Q. Please state whether your experience was 
 
 A. Let me modify my last answer ; sometimes they 
 were not destroyed by our troops ; sometimes the Con- 
 
41 
 
 federates destroyed them themselves prior to our 
 coming ; it was a curious thing that our troops and the 
 Confederates were often destroying the same class of 
 property ; that was a curious fact that I remember 
 distinctly, particularly in the case of that cotton you 
 speak of. 
 
 Q. Are you not aware that in parishes close to Poco- 
 taligo there is scarce a dwelling-house left from the 
 ravages of the United States army ? 
 
 A. Not altogether ; no, sir; but from both armies ; 
 I am perfectly aware of the desolation, and beheld it 
 with my own eyes. 
 
 Q. Do you not believe a large portion of this destruc- 
 ,tion of private property to have been by troops of the 
 United States? ' 
 
 A, No J I think the Confederates left us precious 
 little. 
 
 Q. Of residences, I mean ? 
 
 A. "Well, residences; that one thing alone I could 
 not say of my own knowledge; you know that gener- 
 ally when our troops destroyed private property, they 
 were not ordered to destroy it. 
 
 Q. I ask you to state from your belief? 
 
 A. If you wish me to state what I know with refer- 
 ence to the absolute destruction, I know that I saw it 
 with my own eyes ; I saw chimneys standing after the 
 houses were burned. 
 
 Q. I ask you to state from your belief; do you or do 
 you not believe that a large number of residences, gins, 
 and other private property were destroyed on the line 
 of march and by offshoots from the main army — col- 
 umns, brigades, and companies? 
 
 A. 1 believe there were ; often by army followers 
 and by army preceders; a set of scoundrels used to pre- 
 cede the army often, and pretend to belong to it ; I 
 wish that fully stated, because I can give you one case 
 where three men, nothing but common robbers, pre- 
 ceded the army, pretending to belong to Sherman's 
 army, went into a house, piled up the furniture in the 
 middle of the floor in the parlor, set it on fire, fright- 
 ened the people, and made them give up their silver, 
 4 
 
42 
 
 gold, and everything they had ; those did not belong 
 to the army; then there were scoundrels who followed 
 the array who were very much of the same stamp. 
 
 Q. But do you not believe that there were officers in 
 company with the troops who destroyed such property? 
 
 A. Oh, no; I never knew but one case of an officer ; 
 I found one officer once robbing a private house and 
 stealing jewelry from a drawer ; I had him instantly 
 arrested, and would like to have had him hung. 
 
 Q. Do you not know that much more property was 
 destroyed in South Carolina on the line of march than 
 was destroyed in Georgia ? 
 
 A. Yes, sir; much more, and much more than in 
 North Carolina, that was true. 
 
 Q. Do you not know that there was a sort of venge- 
 ance animating the army ? 
 
 A. Yes, sir ; I think there was. 
 
 Q. Which was wreaked upon South Carolina? 
 
 A. I have no doubt of it ; not the least. 
 
 Q. Do you not know that the officers were often in 
 unison with the men ? 
 
 A. That I do not know. 
 
 Q. What do you believe ? 
 
 A. I think not. 
 
 Q. Not the superior officers ; I do not mean them ? 
 
 A. I think even no subordinate officers, unless they 
 had been prisoners ; there were a great many who had 
 been prisoners ; there were a great many who had 
 been prisoners in South Carolina, and they were par- 
 ticularly hard ; I can give you one instance that oc- 
 curred ; a poor prisoner had been hunted by dogs and 
 his arms were considerably torn ; his wounds had 
 healed so that he went back to his duty, but whenever 
 he saw a dog, no matter of what kind, he would kill 
 him — shoot him down at once; there was a spirit of 
 vengeance animating all those men ; that I had evi- 
 dence of continually. 
 
 ***** 
 
 (Here the witness testifies as to the arming of the 
 colored troops.) 
 
43 
 
 Q. Now, coming back to Columbia ; the Saluda is 
 the further river and the Broad the nearest? 
 
 A. The Saluda is the one to the west and the Broad 
 the one to the east — the eastern branch. 
 
 Q. After you crossed the Broad did you meet with 
 any resistance? 
 
 A. Oh, yes, our troops did. 
 
 Q. After getting the whole army across ? 
 
 A. Yes ; a very severe resistance, indeed, until they 
 were dislodged ; when they were dislodged they re- 
 treated and ran straight through the city as fast as 
 they could go, and the mayor came out and surrendered 
 the city. 
 
 [See note at end of deposition with reference to this 
 question and answer.] 
 
 Q, Was this resistance in the night or morning? 
 
 A. It was all night and from daylight until about 9 
 o'clock ; perhaps between 8 and 9. 
 
 Q. Then fighting occurred from daylight until 9 
 o'clock ? 
 
 A. I could'nt say exactly the time; I should say 
 between 8 and 9. 
 
 Q. Daylight of the 17th do you mean ? 
 
 A. Yes, sir; of the morning of the 17th; when they 
 were dislodged from their position they retired without 
 any further fighting. 
 
 Q. How far out from the city did the mayor go to 
 meet you ? 
 
 A. He met me in the city. 
 
 Q. How about the advance guard ? 
 
 A. He met Colonel Stone outside of the city, so 
 Colonel Stone reported. 
 
 Q. How far outside? 
 
 A. I do not think he states in his official report. 
 
 Q. Then you depend for that information upon Col- 
 onel Stone's official report? 
 
 A. Yes, sir. 
 
 Q. Do you know of any resistance whatsoever after 
 the surrender of the city ? 
 
 A. Do you mean in the immediate vicinity of Co- 
 lumbia? 
 
44 
 
 Q. I do. 
 
 A. None whatever. 
 
 Q. Were you under any fear of an attack while you 
 were in the city of Columbia ? 
 
 A. No, sir; we knew too well the location of the 
 enemy's forces to be under any great apprehension. 
 There was only cavalry in our immediate vicinity, and 
 we were never very much afraid of them. 
 
 Q. If, therefore, it should be decided (taking it for 
 granted for argument's sake) that Columbia was des- 
 troyed by the TTnited States troops, it was not a mili- 
 tary necessity? 
 
 A. I did not then, and do not now, regard it a mili- 
 tary necessity to destroy Columbia, if you mean the 
 entire city; there are always certain public buildings, 
 such as powderhouses, arsenals, places w here Confederate 
 money was made, public depots, and such things, that 
 I would regard it as a necessity to destroy; but that 
 did not involve the destruction of the city. 
 
 Q. That might have been done so as to destroy the 
 residences of the poor? 
 
 A. Yes, sir ; certainly. 
 
 Q. Was it not understood by the officers in command, 
 inferior to yourself, and by officers generally through- 
 out the army, that cotton was to be destroyed when 
 found? 
 
 A. It was the order. 
 
 Q. You required no specific order to destroy any in- 
 dividual lot of cotton ? 
 
 A. No, sir. 
 
 Q. Any officer finding cotton was authorized by gen- 
 eral orders to destroy it? 
 
 A. I do not like to give a direct answer of yes to 
 that question, because I do not remember the terms of 
 the order; but I do remember the method of acting 
 under the orders that General Sherman gave me; the 
 orders, of course, will speak for themselves ; he directed 
 me to destroy the cotton in Georgia and South Carolina 
 as a military necessity, as the Confederates depended 
 more on it for their means of existence, subsisting their 
 forces, and continuing the war, than upon anything 
 
45 
 
 else; I had that order, and gave that order to General 
 Logan and to General Blair, but I do not think they 
 extended that order to every subordinate officer to de- 
 stroy anything at his discretion ; I think the corps 
 commanders kept the manner in which it was executed 
 more under their direct supervision than to order 
 every officer to destroy at his will ; with reference to 
 public property, General Sherman told me what public 
 property he wished me to destroy, and yet he gave me 
 a specific order whenever we came to any place like 
 Columbia, and that order is matter of record. 
 
 Q. If any Colonel under your command had reported 
 to you that he had found cotton and had destroyed it, 
 * would you have reprimanded him ? 
 
 A. I most certainly should if I had restrained the 
 execution of the order to the corps commanders; I 
 should have first asked him if he had instructions to do 
 it ; if he said yes, of course I would have no reprimand 
 for him ; but, as I say, if he did it at his own option, 
 when I had restrained the execution to the corps com- 
 manders, 1 certainly should. 
 
 Q. You say if you had restrained its execution ; you 
 put a hypothetical case ; I want the case as it was ? 
 
 A. I say it was a matter of record ; I would rather 
 see the order before speaking ; I do remember the 
 method in which it was executed, as I stated it to you 
 a little while ago, but 1 don't recollect the wording of 
 the order. 
 
 Q. I want to know what your action was upon any 
 report to you of the destruction of cotton ? 
 
 A. So far as my recollection goes, cotton was de- 
 stroyed under the supervision of a staff officer of the 
 corps commander, and when it was reported to me, I 
 had a careful record made of it, and have retained the 
 exact amount that was destroyed by my command. 
 
 Q. What commands the staff officers gave to their 
 inferior officers, you do not know; you do not know 
 whether they retained this matter entirely under their 
 own jurisdiction ? 
 
 A. The operation was this ; if it required a company 
 or a regiment to do it, the staff officer went with the 
 
46 
 
 command and saw the thing executed, and when it was 
 done came back and reported to his corps commander, 
 who made his daily report to me; I made a record of 
 those reports, and here (referring to diary) is the 
 result of the record ; " number of bales of cotton de- 
 stroyed 15,000." 
 
 Cross-examination by Mr. Bartley, appearing for 
 claimant, Henry S. Jacobs, No. 163. (Note. — Judge 
 Bartley did not appear until the direct examination of 
 the witness had been concluded.) 
 
 Q. You have spoken of the hostile feeling which the 
 army manifested towards South Carolina as a State ; 
 was that manifested before you reached Columbia ; was 
 that state of feeling known to exist? 
 
 A. I noticed the first indications of it at Beaufort, 
 South Carolina. 
 
 Q. Was that before you reached Columbia? 
 
 A. Yes, sir ; we were first transported across from 
 Savannah to Beaufort; that was the first place we 
 reached ; I noticed it at Beaufort ; they were all North- 
 ern men at Beaufort, but our troops did not seem so to 
 understand it. 
 
 Q. "With a hostile state of feeling running through 
 the army with reference to South Carolina, was it not 
 manifest that upon the army taking the capital of the 
 State it would be burned ? 
 
 A. I do not think I noticed anything more there 
 than all the way along. 
 
 Q. From the state of feeling manifested, was it not 
 reasonable to apprehend that that would be the result? 
 
 A. Yes, sir ; and, therefore, all the way along, and 
 there, also, unusual precautions were taken for the 
 protection of private property. 
 
 Q. Did not you, yourself apprehend that on the 
 taking of Columbia the burning of the city would be a 
 probable result on the capture of it at that time ? 
 
 A. I did not, because I thought we had sufficient 
 power over our force to prevent anything of the kind, 
 if anything of the kind was meditated, of which I had 
 no evidence. 
 
 Q. Which portion of the army first entered Columbia? 
 
47 
 
 A. General Stone's brigade of General Charles E. 
 Wood's division of the 15th corps* 
 
 Q. At what time did General Logan's forces enter 
 the city ? 
 
 A. These were Logan's forces of the 15th corps. 
 
 Q. They were under the command of General John 
 A. Logan ? 
 
 A. Yes, sir. 
 
 Q. Was not that portion of the army more reckless 
 in the destruction of property than any other portion, 
 if there was any difference? 
 
 A. I think not ; I do not know that one part of the 
 army under General Sherman was more mischievous 
 ,than another part during this march; that is my firm 
 belief. 
 
 Q. Was not General Logan's force distinguished 
 somewhat for the destruction of property? 
 
 A. Yes, sir ; part of the 15th corps were rather re- 
 markable, prior to this campaign, for the destruction 
 of property; they had been under orders to do it more 
 than other forces. 
 
 Q. Was that the part of the army that entered Col- 
 bmbia first ? 
 
 A. Yes, sir. 
 
 Q. Do you say this disposition to destroy property, 
 and the manifestation of hostile feeling, fell under your 
 observation at Beaufort ? 
 
 A. Yes, sir. 
 
 Q. What precautions do you say were used on enter- 
 ing Columbia to prevent that destruction of property ? 
 
 A. The locating of a brigade as a police force, thor- 
 oughly posting it as you would post a police force in a 
 city, and then the removal of the brigade as soon as 
 something was discovered in the conduct of the men 
 that led us to think some of them had been drinking to 
 excess, and replacing Ihem with another brigade, then 
 the placing of the whole division in the city, and then 
 the adding to that of another division of the troops 
 and taking prisoners all who did any mischief, or who 
 were perceived to do any mischief or wrong ; this was 
 an unusual precaution in this case, such as we had not 
 
48 
 
 early exercised in eotering a village or city ; we were 
 unusually careful, I mean, in those precautions; there 
 was a general order or rule by which we always posted 
 a force. 
 
 Q. Did that police force precede the force which first 
 entered Columbia ? 
 
 A. Yes, sir ; they took the whole brigade for a police 
 force. 
 
 Q. That was called the police force ? 
 
 A. It became a police force immediately upon enter- 
 ing the city under the command of officers. The orders 
 with reference to the protection of the city, and as to 
 what property was to be destroyed and what spared, 
 were prepared by General Sherman and by myself very 
 carefully before crossing that bridge. 
 
 Q. You knew, did you not, that this brigade which 
 first entered, which you called the police force, was 
 governed by this hostile feeling towards South Carolina 
 as much as any other portion of the army ? 
 
 A. I do not exactly see the bearing of that question. 
 
 Q. I will repeat it: were you not aware that this 
 brigade which first entered, and which you call the 
 police force, was governed by the same hostile feeling 
 towards South Carolina that governed the army gen- 
 erally ; that the police force themselves would be as 
 apt to burn Columbia as any other portion of the 
 army? 
 
 A. We had no such forces ; our troops obeyed 
 orders ; they did not burn cities they were told not to 
 burn, and they were not told to burn any cities, or 
 anything else. 
 
 Q. The burning, then, and the destruction of the city 
 was by order ? 
 
 A. There was not any such order. 
 
 Q. Well, Columbia was burned? 
 
 A. Not by order; Columbia was burned, but not by 
 any order of General Sherman's, or any of his officers 
 at all that I know of. 
 
 Q. You have just said that no city was burned except 
 by order? 
 
 A. If you will allow me to correct myself in regard 
 
49 
 
 to the word "except," I would like it. I mean to Bay 
 simply this : that our troops were under good discipline, 
 and when they were sent to execute an order they exe- 
 cuted the order; if they were sent to protect property 
 they protected property ; that was the general rule ; 
 whatever feeling any individuals might have, still they 
 obeyed orders ; they received and executed these or- 
 ders ; that was the general rule; and they did it well. 
 
 Q. Do you intend to be understood that as the army 
 passed through South Carolina no property was de- 
 stroyed excepting by orders of superior officers ? 
 
 A. No, sir, I never said that ; 1 said the very oppo- 
 site. 
 
 Q. You said the army was under good discipline ? 
 
 A. Yes, sir. 
 
 Q. And that no property was destroyed except by 
 order; explain that if you please? 
 
 A. I did not say that at all ; if I did, I wish to cor- 
 rect it; I did not say that no property was destroyed 
 except by order, for a great deal of property was de- 
 stroyed without orders all the way along by people 
 who preceded the army, and by people who followed 
 the army. 
 
 Q. Was that before you reached Columbia? 
 
 A. All the way along ; all the way through South 
 Carolina; before we reached Columbia, and after we 
 reached Columbia. 
 
 Q. Wantonly and unnecessarily destroyed? 
 
 A. Often wantonly; I regard all that irregular work 
 as wanton destruction of property, myself. 
 
 Q. With that general and ungovernable hostile feel- 
 ing, was it not reasonable to apprehend that the cap- 
 ture of Columbia would result in its destruction ? 
 
 A. It may have been, but I did not so apprehend it, 
 and had sufficient faith in our discipline, and in the 
 control of the officers over the men, to think that Co- 
 lumbia would not be destroyed. To show that I did 
 not apprehend it, I lay down in the city and went to 
 sleep, in a place where I would have been burned up. 
 
 Q. Did the entire army go into Columbia? 
 
 A. No, sir. 
 5 
 
50 
 
 Q. What portion of it did ? 
 
 A. Greneral Logan's entire corps, I think, passed 
 through the city, Jut only two divisions out of the four 
 of which it was composed were on duty in the city ; 
 stragglers from different parts of the army, as I ascer- 
 tained by prisoners that I took, were in the city. 
 
 Q. Could you give us the probable number of the 
 force, or some idea of the force which entered Co- 
 lumbia? 
 
 A. I think the leading brigade had about two thou- 
 sand men ] General Wood's division had about 6,000 
 men ; General Hazen's division about the same. 
 
 Q. About 14,000? 
 
 A. About 12,000 men ; General Wood's division in- 
 cluded the leading brigade. 
 
 Q. Was that the whole extent of the force that went 
 into Columbia? 
 
 A. All that remained in the city j the other marched 
 through and went to its camp. 
 
 Q. Did the entire army march through ? 
 
 A. No, sir. 
 
 Q. What portion of the army passed through ? 
 
 A. One half of my command ; my command was 33,- 
 000 strong ; there was a little over one half ; I should 
 say, about 20,000 men marched through Columbia. 
 
 Q. Is that besides the 12,000 that remained there ? 
 
 A. Oh, no ; there were four divisions of General 
 Logan's corps ; two of which were used in the city, 
 and two were not. 
 
 Q. How long did the 20,000 men stay in passing 
 through ; did they stop at all in the city, or did they 
 pass right along ? 
 
 A. They did not stop at all, or leave the ranks at all, 
 excepting those that we brought in for guards. 
 
 Q. How long did the 12,000 men remain in Columbia? 
 
 A. The first brigade was relieved and removed from 
 the city before dark, I think, if I remember rightly, 
 and it was replaced by another brigade about as strong 
 as that. Then the remaining portion of General 
 Woods division, and used until in the night, perhaps, at 
 10 or 11 o'clock. General Hazen's division was ordered 
 
51 
 
 into the city to assist in the protection of the city, the 
 property, and the people, in the midst of the fire when 
 it was severe, and to prevent the extension of the fire. 
 Then all those troops remained there until the next 
 day. 
 
 Q. How soon, after the entry of that 12,000 in the 
 city, did the burning of the city commence ? 
 
 A. It commenced before we arrived there ; two de- 
 pots were burnt before we got there, and was smoulder- 
 ing when we arrived at the city, and the cotton was 
 on fire in the streets ; that was when General Sherman 
 and I arrived. 
 
 Q. That is, the cotton was burning? 
 
 A. Yes, sir ; in the streets, and the two depots were 
 previously burned, and were smouldering. 
 
 Q. What was the state of the weather, and how was 
 the road ? 
 
 A. It was blowing a fearful gale. 
 
 By Mr. Walker : 
 
 Q. That was in the night ? 
 
 A. All day ; all day of the 17th and all night until 
 3 o'clock, when the wind changed. 
 
 By Mr. Bartley : 
 
 Q. Was there a heavy wind in the morning when 
 you entered ? 
 
 A. Yes, sir ; it was blowing very hard ; It was diffi- 
 cult for us to ride with comfort. 
 
 Q. You spoke of the railroad depots as being where 
 the cotton was burned ? 
 
 A. No, sir; the depots themselves were burned ; one 
 of them was the Charleston railroad depot. 
 
 Q. Was that depot in possession of the Federal army? 
 
 ,A. No, no ; it was burned by the Confederates, with- 
 out any doubt whatever ; of course I didn't see it, but I 
 know it from the official testimony; the Charleston 
 depot was right upon the street, which is the prolonga- 
 tion of the Congaree bridge ; the name of the street I 
 do not remember, but, if 1 recollect rightly, the depot 
 was on the right hand side as you go up from the 
 bridge. 
 
52 
 
 By Mr. Walker : 
 
 Q, On the extreme outskirts of the city ? 
 
 A. Yes, sir ; about half way up the hill ; not on the 
 extreme outskirts, but not far from the southwestern 
 border. 
 
 Q. In what direction was the wind blowing ? 
 
 A. From the northwest. 
 
 Q. And this was in the southwestern portion of the 
 city ? 
 
 A. Yes, sir ; the other depot is in the northwestern 
 part. 
 
 Q. Now, let us get back to the Congaree river again ; 
 when you crossed that river your forces were met by 
 the mayor of Columbia ; he surrendered the city, as I 
 understand you? 
 
 A. Yes, sir. 
 
 Q. Do you know what the terms of capitulation 
 were ? 
 
 A. I do not. 
 
 Q. Do you know whether protection was promised 
 to life and private property ? 
 
 A. I know it was by General Sherman when he had 
 an interview with him ; that is my personal know- 
 ledge, but what passed between him and Colonel Stone 
 I do not know. 
 
 Q, You do not know by oflScial report ? 
 
 A. No. 
 
 Q. Do you not know that the property of foreign 
 subjects was promised protection ? 
 
 A. I really think not, because none appeared; I did 
 not see one; there was not one that I knew of who ap- 
 pealed to me as a foreign subject, but if he had, I would 
 have looked into it, and protected his property if I 
 could. 
 
 Q. At what time did the main army enter Columbia ? 
 
 A. I should judge about half-past ten in the morning. 
 
 Q. The main army I mean, not the advance ? 
 
 A, I know ; I should judge about half-past ten in the 
 morning. 
 
 Q. What time did the advance get in ? 
 
 A. It was in the neighborhood of ten o'clock ; it was 
 
53 
 
 before ten ; there was a little detachment which crossed 
 the river in boats and got over there, arriving simul- 
 taneously; the exact time I do not know, but the time 
 we arrived, I should judge, was between half-past ten 
 and eleven, by my records. 
 
 Q. The main army between half-past ten and eleven ? 
 
 A, Yes, sir. 
 
 Q. And went on in advance of General Sherman ? 
 
 A. No, sir ; they followed close behind all the way. 
 
 Q, Now, Yon Moltke has said that the Americans 
 were an armed mob ? 
 
 A. He denies it, I believe; he says he never said it, 
 
 Q. I wish your opinion on that subject at the time of 
 the entry of that army into Columbia? 
 
 A. I will give you my opinion by telling you that 
 from the time I took command of the army of the Ten- 
 nessee at Atlanta, and until we arrived at Washington 
 city, no division was ever ten minutes behind time from 
 the commencement of the execution of an order, and I 
 never commanded an armed force in a better state of 
 discipline. 
 
 Q. Do you not believe that the army entering Co- 
 lumbia was in as perfect a state of discipline as an army 
 well could be? 
 
 A. As well as an army similarly situated could well 
 be ; I say similarly situated, because we were in the 
 heart of an enemy's country and subsisting on an 
 enemy's country; to accomplish this is the hardest 
 problem a general ever has to solve. 
 
 Q. They obeyed commands readily ? 
 
 A. Eeadily. 
 
 Q. Were under thorough discipline, in fact ; I am 
 very particular on this point ? 
 
 A. Under very good discipline, indeed; if it was to 
 march north, north we marched; if we wanted to at- 
 tack the enemy, we attacked them ; and if we did not, 
 we did not. 
 
 Q. One of the witnesses in the case of Cowlam 
 Graveley vs. The United States uses these words in his 
 deposition filed in this case, on page 15 of the printed 
 testimony: "I witnessed the 17th army corps march 
 
54 
 
 through the main street, and was struck by the perfect 
 order and equipment of the said corps?" 
 
 A. He must have meant the 15th corps that marched 
 through the main street, I think. 
 
 Q. It does not matter about that; I do not care to 
 be particular on that subject ; he goes on to say that 
 from the discipline of this corps it would have been 
 easy to have prevented any pillage at that time if it 
 was so desired ; is that a fact ? 
 
 A. I think it is not a fact, nor a fair inference from 
 the discipline of the command. 
 
 Q. What I mean to say is, had you witnessed it, in 
 marching through the main street, could you not have 
 put a stop to any pillaging going on right in front of 
 your eyes? 
 
 A. Yes, sir ; certainly. 
 
 Q. You had troops enough under your command? 
 
 A. Certainly ; I saw pillaging the night I was there, 
 and put a stop to it instantly. 
 
 Q. Now I wish you to state to me on your oath 
 when the main army marched down Main street, did 
 you not find that the advance guard were disbanded? 
 
 A. No ; they were not. 
 
 Q . The guard that had preceded you I mean ? 
 
 A. They were not. 
 
 Q. Did you see at no time during the day disbanded 
 soldiers of your army breaking into the stores? 
 
 A. No, sir. 
 
 Q. Publicly breaking into stores in the face of staff 
 officers ? 
 
 A. I did not. 
 
 Q. You know nothing of the pillage of Main street 
 during the hours of daylight by your army? 
 
 A. No, sir. 
 
 Q You don't know of any store on Main street that 
 was broken into? 
 
 A. I saw nothing of the kind, and nothing of the 
 kind was reported to us at all. 
 
 Q. This is the first you ever heard of the pillaging 
 of stores on Main street by daylight ? 
 
 A. Yes, sir ; the first I have heard of it. 
 
55 
 
 Q. I do not ask you, of your own knowledge, but is 
 this the first you have heard of the manner in which 
 stores were broken into and publicly robbed by your 
 troops; or if you object to the word "robbed," say 
 "goods taken therefrom?" 
 
 A, I saw some parties during the night with my own 
 eyes. 
 
 Q. I mean during the hours of daylight ? 
 
 A. This is the first I ever heard of it; I did not 
 know any such thing took place at all. 
 
 Q, If any of the officers of the United States army 
 had witnessed such pillaging, was it not their duty to 
 have prevented it ? 
 
 A. Of course ; at once. 
 
 Q, Was it not in their power to have prevented it ? 
 
 A. Well, here was a little break in that power, in 
 this case, owing to this unusual thing in giving whiskey 
 to the men. 
 
 Q. I am speaking of the hours of daylight ? 
 
 A. I say in the hours of daylight; if it had not been 
 for that such a thing would have been impossible. 
 
 Q. Taking it for granted now that the officers march- 
 ing through the streets with the main army during the 
 hours of daylight, seeing the soldiers of your army 
 disbanded and pillaging stores and shops on each side 
 of their line of march, had they not it in their power 
 to have detached a force sufficient to have stopped 
 such pillaging along the line ? 
 
 A. Any officer of sufficient rank could have done it; 
 but that does not mean that a lieutenant might step 
 out of one company and take possession of another 
 company, 
 
 Q. Any colonel of a regiment could .have done it ? 
 
 A. Yes, sir ; the whole demoralization of that first 
 brigade was caused by the whiskey, and the brigade 
 was replaced by another as soon as the facts were dis- 
 covered. 
 
 Q. Was there not plenty of whiskey in the stores of 
 Columbia, and in the shops of that city ? 
 
 A, There was. 
 
 Q, If your men had broken into these stores is it not 
 more than probable that they helped themselves ? 
 
56 
 
 A. It is more than probable. 
 
 Q. Are you prepared to state that neither officers 
 under your command, nor other generals, or officers 
 under their command, acquiesced in the destruction of 
 Columbia by United St^^tes troops ? 
 
 A. With the exception of this officer, whose name I 
 gave you this morning, I do not know of one officer 
 who acquiesced in its destruction. 
 
 Q. But you are not prepared to say that they did 
 not? 
 
 A. 1^0 ; you know there were five thousand of them 
 there. 
 
 Q. Did the citizens meet you with hostility ? 
 
 A. No ; not me. 
 
 Q. I mean the troops, not you individually. 
 
 A. I could not say. 
 
 Q. Yet they gave them pails full of whiskey ? 
 
 A. That was done kindly; I think it was done with 
 a view of conciliating the troops; so I understood at 
 the time, and I put it down so in the report. 
 
 Q. Taking it for granted that it was the desire of 
 General Sherman, or of his superiors in command, to 
 destroy Columbia, or have it destroyed, or to allow it 
 to be accidentally destroyed, would it not have been 
 easy for him to have had it done without giving any 
 direct order ? 
 
 A. Yes. 
 
 Q. I mean if there were such a desire on the part of 
 General Sherman or his superiors ? 
 
 A. We were so disconnected with everybody that 
 there could not be any connection with his superiors 
 about it; and they didn't know we were going to 
 Columbia. 
 
 Q. I differ with you on that point, and therefore I 
 put a hypothetical case ; suppose even you yourself 
 desired to destroy Columbia, or any other city, what 
 corps of the army would you have been likely to have 
 employed for that work ? 
 
 A. I want to say to you that an answer to that ques- 
 tion would be rather invidious. 
 
 Q. It is a question of the utmost importance to me. 
 
 A. There is a great deal of feeling between corps, 
 
67 
 
 and for me to select a corps would be something 1 
 should not like to do. 
 
 Q. I insist upon a reply? 
 
 A. From my knowledge of the army I should answer 
 you that a portion of the left wing of the then 20th 
 corps, that had once been under my command as the 
 11th army corps, would have made the most complete 
 destruction of a city of any in the whole army j I am 
 sorry to answer the question, but you ask it so perti- 
 naciously that I give you that as my opinion ; Blen- 
 ker's old division used to annihilate property more 
 rapidly than any other I ever saw. 
 
 Q. Would not the 15th army corps have done the 
 work as well ? 
 
 A. The 15th corps did pretty well in the destruction 
 of property, but I really do not think that they equal- 
 led the other. 
 
 Q. Had they not a reputation for doing their work 
 of this character well ? 
 
 A. They did work of every kind well. 
 
 Q. 1 allude particularly to their leaving their mark 
 through the portions of country along which they 
 passed, by the devastation of property ; had they not 
 a reputation for that ? 
 
 A. Yes, they had ; they were taken on several expe- 
 ditions where the sole object was to cripple the enemy 
 by the destruction of property, and I do not think there 
 was any corps which had a reputation that exceeded 
 theirs in the destruction of property ; they gave a sort 
 of a double twist to all the railroad iron they destroy- 
 ed ; twisted it around the trees, and then twisted it 
 around itself again. 
 
 Q. They were pretty clever fellows, were they not, 
 in their business ? 
 
 A. They did it pretty well and pretty thoroughly. 
 
 Q. Did you ever have any idea of going to Charles- 
 ton on this march ? 
 
 A. No, sir. 
 
 Q. Didn't you think there was some chance of your 
 beingableto throw one of the army corps into Charles- 
 ton? 
 
58 
 
 A. None ; I knew the plan of the campaign was not 
 to go to Charleston at all, but the enemy thought we 
 were going there, we went right up the right bank of 
 the Saltkahatchee ; I was second in command, and if 
 General Sherman had been killed, I should have executed 
 his general plan ; I had no idea of going to Charleston 
 at all ; Charleston fell of itself. 
 
 Q. Did you ever hear anything of sowing Charles- 
 ton with salt ? 
 
 A. No. 
 
 Q. Was there not a general impression throughout 
 the North that if Charleston was captured they would 
 sow it with salt? 
 
 A. I do not know that; I think there was a kindly 
 feeling towards Charleston, inspired by General Sher- 
 man himself, who had lived there quite a time. 
 
 Q. You think General Sherman had no such idea at 
 any rate ? 
 
 A. No; he had no idea of destroying Charleston in 
 any way. 
 
 Q. You do not think he would have thrown the 15th 
 corps into Charleston ? 
 
 A. He could have done it, of course ; he could have 
 thrown in any detachment whether he pleased, but we 
 didn't wish to do that. 
 
 Q. You do not know that he had that idea at one 
 time? 
 
 A. Oh, I think he had not, or he would have told 
 me ; we conversed fully with reference to it ; he mny 
 have had it in his mind at some time, but I did not 
 know it. 
 
 Q. You say that the police force you stationed in 
 Columbia were the 15th corps? 
 
 A. Yes, sir. 
 
 Q. You spoke of summoning a relief; please explain ; 
 was this relief summoned prior to your reaching the 
 ground at the time of the conflagration or subsequent 
 thereto ? 
 
 A. Immediately on my going into the city; as soon 
 as I observed these men under the influence of drink ; 
 that was the first relief, but the second was in the 
 night. 
 
59 
 
 Q, The second was in the night? 
 
 A. Yes, sir. 
 
 Q. What corps did those reliefs belong to ? 
 
 A. The 15th corps. 
 
 Q. All of them ? 
 
 A. All of them ; the other corps was not there. 
 
 Q. Do you not know that the pile of cotton you 
 speak of as having been on fire upon your entry into 
 the city was extinguished ? 
 
 A. They were endeavoring to extinguish it as we 
 passed along, but I do not know that it was extin- 
 guished. 
 
 Q. Was it not under control? 
 > A. Yes, sir ; 1 thought so at the time, though the 
 wind was blowing very furiously, and little bits were 
 all over the trees, houses, and everywhere ; when I first 
 heard of the fire in the evening, I presumed, of course, 
 that it came from that burning cotton ; my presump- 
 tion was at once that it extended from that. 
 
 Q. That is not your idea now, though ? 
 
 A. Yes, it is. 
 
 Q. You believe that the conflagration in Columbia 
 arose from the cotton that was burning ? 
 
 A. Certainly. 
 
 Q. And nothing else? 
 
 A. Well, primarily, I think it did from that ; of 
 course the depots were burned prior to our entering 
 the city, as I have said before several times ; and there 
 were, undoubtedly, fires set during the night by some- 
 body ; I say there were fires set during the night from 
 my knowledge of directions; that is an inference from 
 my common sense rather than what i observed. 
 
 Q. What portion of the city was the cotton in ? 
 
 A. On what we call Main street, or Eichardson street, 
 not very far from the market, (referring to map,) be- 
 tween Laurel and the Statehouse. 
 
 Q. That would be to the southwest of the city, would 
 it not, or due west ? 
 
 A. No; you come in from the north, and extend 
 right down the river, and when you are about half way 
 to the State-house you find this cotton lying along the 
 the street. 
 
m 
 
 [The witness was here shown the map appended to 
 the claimants' proof in the case of Wood & Hey worth 
 against the United States, No. 103.] It was not far 
 from the market-house, [pointing to a place on Kich- 
 ardson street, between Laurel and the capitol.] 
 
 Q. How large was this pile of cotton ? 
 
 A. I couldn't tell you, it seemed to be strewn around. 
 
 Q. About twenty bales ? 
 
 A. Yes, sir ; perhaps more. 
 
 Q. And it was burning at 10 o'clock in the morning? 
 
 A. Yes; when we entered. 
 
 Q. And was most of it burned? 
 
 A. No, sir. 
 
 Q. A large portion of it ? 
 
 A. It seemed to be on fire all along ; it was not in 
 bales ; it was broken open ; it seemed to be a kind of a 
 common pile which was smouldering ; they were play- 
 ing on it with an engine when we came in. 
 
 Q. And the fire at night did not breakout until after- 
 dark ? 
 
 A. After dark was the first fire that I heard of, 
 of any building on fire ; but it was very soon after 
 dark ; just about dusk. 
 
 Q. You stated that some of your soldiers were 
 burned ? 
 
 A. Yes, sir. 
 
 Q. Arising from their drunkenness? 
 
 A. I so judged; it might not have been from that; 
 the fires spread very rapidly. 
 
 Q. You stated that the penitentiary was full ? 
 
 A. No ; I did not state that it was full ; 1 said bro- 
 ken open. 
 
 Q. You spoke of reckless mobs ? 
 
 A. I did. 
 
 Q. Which came from the penitentiary ? 
 
 A. Some of them. 
 
 Q. Do you know of your own knowledge of any one 
 having been in that penitentiary besides one individual? 
 
 A. No, sir; not of my own knowledge. 
 
 By Mr. Wells, [appearing for claimants' cases, Nos. 
 371, 458 and 459. 
 
61 
 
 Q. You say you knew, of your own knowledge, that 
 Captain Carpenter was in prison ; now you know not 
 from your own knowledge, but from his report. 
 
 A. Yes; I did not see him there. 
 
 Q. You only know of his being in prison from his 
 having reported to you ? 
 
 A. He reported to me as a prisoner from that place ; 
 that is all the knowledge I have. 
 
 By Mr. Walker : 
 
 Q. You burned the public property in Columbia on 
 the 18th or 19th of February, did you nof? 
 
 A. Yes, sir, 
 
 Q. Do I understand you to say that subsequent to 
 the night of the 17th you know that no cotton was 
 destroyed ? 
 
 A. No, sir; I say I do not know of any that was 
 destroyed subsequent to that in Columbia. 
 
 Q. But you are not prepared to say that there was 
 none destroyed by order? 
 
 A. No, sir; I am not prepared to say that there was 
 not cotton destroyed ; I can give you just what prop- 
 erty was destroyed by my order. 
 
 (The witness here testifies as to Camden and 
 Cher aw.) 
 
 Q. Was there any cotton left in North Carolina un- 
 burned in the line of march of the army ? 
 
 A. Not to my knowledge ; I did not intend to leave 
 any. 
 
 Q. Did not all the officers and soldiers of the army 
 act upon the knowledge of that general order to destroy 
 it all? 
 
 A. No, sir ; not the soldiers, and I think not the sub- 
 ordinate officers ; General Logan would be better able 
 to say than myself how he executed the order ; but my 
 impression is, as I have already stated on cross-exami- 
 nation, that it was generally done under the direct 
 supervision of a staff officer detailed for that purpose. 
 
 Q. And the destruction of cotton belonging to pri- 
 vate parties in South Carolina was regarded as a mili- 
 tary necessity to cripple the Confederates ? 
 
62 
 
 A. Yes, sir; a very large proportion of the cotton 
 was in private hands. 
 
 Q. Would not the destruction of the railroad and 
 depot have effectually prevented the making of cotton 
 valuable to any person? 
 
 [Objected to as calling for an opinion.] 
 
 A. Ko ; it would not have been effectual, because we 
 got into the habit of repairing railroads so rapidly that 
 they were soon replaced. 
 
 Mr. Walker : 
 
 Q. After the 15th corps had twisted railroad bars, 
 could they be used again generally in a hurry ? 
 
 A. Not often ; that was not the way they did it ;. 
 they would tear up some side road that they did not 
 consider of any particular importance, and make their 
 main stems ; our troops used to build very rapidly ; 
 indeed, we had to; the enemy destroyed as rapidly as 
 we. 
 
 Q. Had they so many lines through the South that 
 they could tear up side roads ? 
 
 A. Oh, yes, it was often done. 
 
 Q. Through South Carolina, on the line of your 
 march ? 
 
 A. No, sir, they did not repair our damage for a 
 longtime; that was the "end off." 
 
 Q. Don't you know from the number of railroad 
 lines in South Carolina that they could not after you 
 had done with them? 
 
 A. I think it would have been very difficult for them 
 to have done it, but they might have repaired the main 
 stem ; that is, they could have got railroad iron 
 enough to have done that ; I mean for the main line of 
 transportation through the country; one line across 
 the State. 
 
 H; * * * * 
 
 (Witness testifies here as to individual lots of cotton.) 
 " By Mr. Mackey, (appearing for claimant's in case 
 No. 228 
 
 Q. Do you know of any officer being under the influ- 
 ence of liquor on the night of the 17th of February ?] 
 
63 
 
 A. Yes, sir, I saw odg in the night ; 1 did not know 
 his name. 
 
 Q. What rank was he? 
 
 A. He was a Lieutenant. 
 
 Q. Did you see any during the day ? 
 
 A. No, sir, I never saw but this one under the influ- 
 ence of drink, and he was a Lieutenant. 
 
 Q. Did you hear of any ? 
 
 A. Yes, sir. 
 
 Q, Did you here of any being so? 
 
 A. No, I only heard of one. 
 
 Q. Besides the one that you saw ? 
 
 A. Yes, sir. 
 
 By Mr. Weils : 
 
 Q. You say it was a matter of military necessity to 
 destroy this cotton ; will you state distinctly how this 
 was a matter of military necessity, and why it was; 
 I am referring, of course, to both private and public 
 cotton ? 
 
 A. One view was that the enemy depended upon the 
 cotton more than upon any other product to raise means 
 both to carry on the war and to prolong it, and there- 
 fore joined in the opinion that the destruction of the 
 cotton would be the quickest way to bring the war to 
 a conclusion to save the effusion of blood ; on that 
 ground and no other I put it. 
 
 Q. Were not the ports blockaded so that this cotton 
 could not be shipped abroad at the time that this ex- 
 pedition was undertaken ? 
 
 A. That I do not know ; even if they were, still the 
 fact of its existence was a fact of wealth among the 
 people upon which the Grovernment could eventually 
 depend, particularly where they could take everything 
 they had for taxes ; so that the very fact of the exist- 
 ence of the cotton was something on which to build, 
 and when it was destroyed it took away that founda- 
 tion. 
 
 Q. Still, if there was no exchangeable value arising 
 from this cotton by shipping abroad, could the Confed- 
 erate Government reasonably be supposed to obtain any 
 
64 
 
 resources from it, and was the United States Govern- 
 ment and its army justified in destroying private pro- 
 perty upon such a basis ? 
 
 [Objected to by counsel for the United States as call- 
 ing for a matter of opinion, and asking the witness to 
 decide a question which it is for the Commission to 
 decide.] 
 
 Mr. Wells : 
 
 The witness said it was a military necessity, and I 
 ask wherein and on what basis ? 
 
 A. My answer to it would be this : that as long as 
 the Confederate bonds had any value in a foreign mar- 
 ket, that value must of course be based on some credit — 
 the belief in the holding of some property ; the reality 
 we could not destroy, but the cotton which was so val- 
 uable, particularly at that time, was a matter of credit ; 
 the very existence of it was a matter of credit ; people 
 around knew they would get it eventually if it was not 
 destroyed ; my only argument ever in favor of saving 
 it towards the close of the war in my own mind, and 
 that I offered at times, was that now we were able to 
 protect it, and therefore it would increase the products 
 of our own country ; but prior to that, I believed it 
 would be a good thing to destroy it for the sake of 
 bringing the war to a speedy conclusion. 
 
 Then, again, there was another way in which we re- 
 garded this matter of a military necessity ; that nothing 
 would impress the inhabitants so much as to destroy 
 that which they regarded as of more importance to 
 them than anything else, and upon which they then re- 
 lied almost altogether for their income ; the cotton, 
 gins, and everything connected with it? 
 
 Q. Were not the United States forces now able to 
 prevent, by the process which they had taken in cut- 
 ting up the railway, this cotton from getting out into 
 the market, and keeping it sealed up where it was ? 
 
 A. That would be a matter really contingent at that 
 time, while the Confederate armies were in the field. 
 The moment Generals Lee, Johnston, Hardee, and 
 Smith had surrendered, then, of course, we could pre- 
 
65 
 
 vent anything of that kind, but prior to that surrender, 
 of course it hung upon the result of engagements that 
 had not yet taken place. I might also add General 
 Hood to the list. As yet, we did not know that any 
 engagement had taken place between General Thomas 
 and General Hood. 
 
 Q. You have, I believe, stated in your examination 
 that the general plan of your expedition was the de- 
 struction of all public buildings and all cotton along 
 the whole line of march ? 
 
 A. Aiore than that; railroads also. 
 
 Q. And you also, as I understand, have testified, and 
 do testify, that such general orders were given to the 
 corps commanders, and handed down by them to infe- 
 rior officers, and that they had acted, from the time 
 you landed at Beaufort, upon that principle ? 
 
 A. No, sir ; I did not state that in that way. 
 
 Q. Well, how far will you state that to be the fact ? 
 
 A. I will state that general orders existed for the 
 destruction of the cotton, but I am not willing to state 
 that the orders were handed down to the subordinates, 
 for my impression is that the orders were executed by 
 the staff officers of the General commanding in the 
 army, the Generals commanding the wings, and the 
 Generals commanding the corps, supervising the opera- 
 tion and reporting regularly when it was done. 
 
 Q. Would it not have been, as a matter of practical 
 result, naturally the effect that the cotton would have 
 been destroyed in the principal towns which you reach- 
 ed in your march, unless some specific order had been 
 issued, under these general orders, restraining the 
 destruction ? 
 
 A. Certainly ; we took great pains to see it done ; 
 it being the order, you know it was not worth while 
 to shirk it ; it was the general order to do it, and when 
 I had an order to do anything anybody knew always 
 that it would be pretty thoroughly done. 
 
 Q. Was there any specific orders issued restraining 
 the destruction of public property, railways, and cotton 
 in Columbia ? 
 6 
 
66 
 
 A. ^o ; there was an order to do it ; distinct and 
 clear, given me before we crossed the river. 
 
 Q. A specific order to destroy ? 
 
 A. Yes, sir ; but to spare private property ; that was 
 on the order itselfj you named public property alto- 
 gether, and of a public nature. 
 
 Q No, I do not mean that alone, but I mean cotton, 
 both public and private ? 
 
 A. I will say certainly, that there were no specific or- 
 ders to destroy the cotton in the city ; I had command of 
 the city entirely ; I should not have proceeded to have 
 destroyed the cotton in the city without consulting 
 with the General in-Chief, who did not eipbrace it in 
 his order to me ; the reason was because there was a 
 great deal of it in the city, and I did not know at that 
 time how much longer he would continue his work of 
 the destruction of the cotton ; it was a question that 
 we conversed about very often — General Logan, Gene- 
 ral Blair, and myself — how much longer it would be 
 best for our Government to continue the destruction 
 of the cotton ; and then, again, I would not have done 
 it because it would have endangered the burning 
 of the city to have burnt cotton when the wind was 
 blowing; I did not even undertake to destroy the 
 buildings on account of it that night ; I did not put 
 the order in execution at all. 
 
 Q. Then, if you had, sometime at least, previous to 
 the destruction of Columbia, grave doubts as to the 
 military necessity of destroying this cotton you have 
 described 
 
 A. (Interrupting.) No ; I had no doubts at all with 
 regard to it, none whatever, but I was looking for a 
 time when the necessity would cease ; I began myself 
 to feel very confident that we would thoroughly con- 
 quer in a short time, and I wished, of course, the 
 moment I safely could, to see the destruction of all 
 property cease ; it is a great curse to a nation to destroy 
 its property, as a general rule ; but a military necessity 
 presses you, and under that you destroy it; I have 
 no pleasure in the destruction of property of any kind. 
 
 Q. Would not the soldiers naturally at Columbia, no 
 
67 
 
 specific order having been issued restraining the 
 destruction of private property, have engaged in it 
 whether in liquor or not? 
 
 A. No, they would not ; they did not at Cheraw, 
 and they did not at Fayetteville. 
 
 By Mr. Walker : 
 
 Q. Do 1 understand you to say that your soldiers 
 would not and did not burn cotton in Columbia ? 
 
 A. Mr. Wells said, naturally, he wanted to know if 
 they would not naturally have destroyed it, and I 
 said no. 
 
 Q. I will put it in a form of a question ; as a fact, 
 did they not ? 
 
 [At the request of counsel, the question at the top of 
 the page was here road for the information of the wit- 
 ness.] 
 
 A. I thought you said cotton. 
 
 Q. I mean private property generally; of course, 
 cotton, unless stored in some Confederate warehouses, 
 is private cotton, I understand ? 
 
 A. When you speak of a body of troops, you know 
 what they are made up of generally ; the great pro- 
 portion of the men are honestly trying to do their duty, 
 and in the ranks do not do a thing without orders; 
 they do not go out and misbehave ; but there are some 
 men who are irregular and who commit mischief and 
 do wrong ; at Cheraw, I have an example in my mind 
 with respect to private property ; a man had a watch 
 taken from his neck ; he was frightened very much 
 about^it; in the presence of his wife and daughter he 
 told me he felt very badly about losing it, and wanted 
 to know if I let my soldiers take a watch off a man's 
 person; I said no; "well," he said, "they did it;" I 
 asked him to describe the man to me; his daughter 
 did describe him ; I found him out, had his head shaved 
 and had him drummed out of the service. That shows 
 what I did with a man who performed such an act ; 
 and our discipline was of that kind ; but I know there 
 were a great many men who would steal and rob and 
 do all sorts of mischief. 
 
68 
 
 By Mr. Walker: 
 
 Q. GeDeral, as a matter of fact, did not the United 
 States army, or a part of it, under the command of 
 officers, set fire to cotton when they were in the city 
 of Columbia? 
 
 A. I do not know of any instance in which they 
 did it. 
 
 Q. Can you say they did not ? 
 
 A. No, I never can say that; it is impossible to say 
 they did not ; I have on my record a literal list of what 
 was destroyed by my orders, and cotton is not em- 
 braced in it. 
 
 H: * * * * 
 
 (The witness here testifies as to individual lots of 
 cotton.) 
 
 Ke-direct examination : 
 By Mr. Worthington : 
 
 Q. I wish to ask you a question that I dislike to 
 propound, but some insinuations, which seem to be con- 
 tained in questions which have been asked you in 
 cross-examination require it ; how happened it that 
 the 15th corps, and not the 17th corps, first entered 
 the city of Columbia ; was it by your order or by the 
 order of General Sherman, and was there any design 
 in putting the 15th corps first; and if so, what was it? 
 
 A. No, sir ; it was simply that the 15th corps occu- 
 pied the right in our operations, and the 17th the left ; 
 they would naturally have the lead in going into Co- 
 lumbia. 
 
 Q. Was it by your order or General Sherman's order 
 that that corps happened to have the leading position ? 
 
 A. Mine ; there was no selection and no election ; 
 it occupied the right in all these operations, and came 
 first to the bridges; the left had its operations a little 
 further to the left, and followed it naturally. 
 
 By Mr. Wells : 
 
 Q. You had simply to post them into position, I 
 suppose, and they kept that position, and you would 
 not naturally shift them from one position to another? 
 
69 
 
 A. I would ; sometimes I changed purposely to have 
 the 17th corps in advance, particularly if the 15th 
 corps had been some time in advance, when we were 
 along the same line ; generally they moved in parallel 
 lines ; I moved in three columns habitually, and some- 
 times four. 
 
 By. Mr. Worth ingt on : 
 
 Q. Had the soldiers of the 15th and 17th corps, at 
 any time previous while under your command, occupied 
 cities in South Carolina and Georgia ? 
 
 A. They occupied Beaufort, and they occupied 
 Orangeburg previous to Columbia; they were not very 
 large cities ; they were towns. 
 
 Q. Had you any reason to fear prior to the hour you 
 were aroused on the evening of the 17th of February 
 and informed that Columbia was on fire, the destruc- 
 tion of the city or any part of it ? 
 
 A. I had suflScient reason to fear that injury might 
 be done to the city by irresponsible men connected 
 with the army, or not connected with the army, to 
 take all the necessary precautions, which I did ; unu- 
 sual precautions, I may say, for a commander of an 
 army to take ; generally speaking, I would have sent 
 to General Woods to take charge of this city, and 
 would have left him to do it himself without any pos- 
 itive specific instructions; I did not do it in this case; 
 I have intimated that some of our soldiers felt speci- 
 ally aggrieved at South Carolina ; they seemed to re- 
 gard South Carolina as in a measure the cause of the 
 war and of their sufierings, and for that reason I took 
 unusual precautions, and I wished to protect private 
 property ; I often guarded private property, and sent 
 guards many miles to do it, guarding against stragglers 
 and irresponsible parties ; my opinion with reference 
 to the burning of Columbia is a different thing ; your 
 question is, had I any reason to apprehend it, and I 
 am only showing what reasons we had to apprehend 
 danger. 
 
 Q. Did you or not suppose the city was safe when 
 you retired for the evening ? 
 
70 
 
 A. I did and went to sleep there. 
 
 Q. You have spoken of the excellent discipline of 
 your soldiers ; did that ordinarily continue after they 
 had been furnished with liquor and made drunk ; was 
 it so easy for you to control them then ? 
 
 A. It was not ; the number that was under the influ- 
 ence of drink was comparatively small, and they were 
 brought under guard in a very short time. 
 
 By Mr. Walker : 
 
 Q. Were not most of the places through which you 
 passed on your route to Columbia, through South Car- 
 olina, destroyed by some one, you do not say who ? 
 
 A. No ; not so ; Midway, when I left it, was in good 
 condition ; Mr. Simms' property was left in good con- 
 dition ; I sent through General Blair and protected his 
 library by a sentinel. 
 
 Q. But don't you know a great many that were des- 
 troyed ? 
 
 A. I went over the country afterwards, and it was 
 pretty completely cleared out; I saw the chi-nney sand 
 scarcely anything left in a great portion / f the coun- 
 try [passing] through there; I" went down through it, 
 and that was what I observed. 
 
 ******* 
 
 (The witness testifies here as to Orangeburg and 
 Blackville.) 
 
 O. O. HOWAED. 
 
 Note. — Upon reading over, by General Howard, of 
 this deposition, he states, (referring to cross-ques- 
 tion No. 77,) that he understood the question to refer 
 to the leading brigade, and not to the whole army. 
 Also, referring to cross-interrogatory No. 239, he states 
 that he understood the question to refer to South Car- 
 olina, and not to North Carolina. 
 
 I, James O. Clephane, United States Commissioner 
 for the District of Columbia, do hereby certify that at 
 the request of Counsel for the United States, I caused 
 
71 
 
 the above-mentioned O. O. Howard, deponent in the 
 foregoing deposition, to come before me at the time 
 and place in the caption mentioned ; that said deponent 
 was by me sworn to tell the truth, the whole truth, and 
 nothing but the truth ; that said deposition was reduc- 
 ed to writing by me, and was carefully read to or by 
 deponent before being signed by him, and deponent 
 then and there, in my presence, subscribed the same; 
 and I further certify that I have no interest, direct or 
 indirect, in the claim to which the above deposition 
 relates, and am not the agent or attorney of any per- 
 son having any interest therein. 
 
 Witness my hand, at the City of Washington, D. C, 
 this 10th day of December, 1872. 
 
 JAS. O. CLEPHANE. 
 
 Adjourned till Wednesday, December 11th, 1872, at 
 the same hour and place. 
 
 JAS. O. CLEPHAJS^E, 
 
 United States Commissioner. 
 
 Washington, December 11th, 1872. 
 Commission met pursuant to adjournment. 
 Present, Counsel on either side. 
 The examination of witnesses was proceeded with, 
 as follows: 
 
 Deposition of Wm. T. Sherman. 
 
 The deposition of Wm. T. Sherman, a witness pro- 
 duced, sworn, and examined on the part and behalf of 
 the United States, in the cause above entitled, now 
 depending before the above-named Commission, taken 
 before me, James O. Clephane, United States Commis- 
 sioner for the District of Columbia, at the City of 
 Washington, D. C, on the 11th day of December, 1872, 
 pursuant to a notice to that effect duly given by the 
 Agent and Counsel of the United States. 
 
 Mr. A. S. Worthington appeared on behalf of the 
 
72 
 
 United States ; Messrs. Greorge E. Walker, N. Dana 
 Wells, and Edward Janin appeared on behalf of the 
 claimants. 
 
 The said Wm. T. Sherman, having been first by me 
 duly sworn to tell the truth, the whole truth, and noth- 
 ing but the truth, deposes and says : 
 
 My name is Wm. T. Sherman ; my age is 52 years ; 
 my residence is Washington, D, C. ; I am a native of 
 Ohio ; my position is that of General of the United 
 States army. 
 
 Preliminary question propounded by the officer tak- 
 ing this deposition : 
 
 Have you any interest, direct or indirect, in the 
 claim which is the subject-matter of the above-entitled 
 cause, or of this examination ; if so, state the nature 
 and extent of such interest ? 
 
 Answer. I have none. 
 
 Being examined by A. S. Worthington, of Counsel for 
 the United States, the witness further deposes and 
 says: 
 
 While on my march through the South in 1864-'65, 
 I was a Major General in the regular army ; I am now 
 " General of the army of the United States." 
 
 (The witness here testifies to occurrences in Georgia.) 
 Q. Please refer to any orders that were issued while 
 you were in Savannah relating to private property, 
 and to the maintenance of good order? 
 
 A. I find here (referring to a printed volume in his 
 hand) one order dated 24th of December, 1864, referr- 
 ing to rules which were to govern the officers in regard 
 to public and private property in the city of Savannah. 
 It is No. 141, Special Field Order, and dated December 
 24th, 1864. 
 
 (Continuation as to orders and incidents in Georgia.) 
 Q. During the march of your army from Savannah 
 to Goldsboro', North Carolina, what orders were in 
 force concerning the preservation or destruction of 
 property ? Please refer to the orders by number and 
 date. 
 
73 
 
 A. (Glancing at the printed volume before referred 
 to.) The same troops which had crossed from Atlanta 
 to Savannah continued their march from the direction 
 of Savannah northward, passing through the State of 
 South Carolina in its whole length, and were covered 
 by the same orders and the same rules of discipline 
 which had prevailed previously. 
 
 [Objected to by Messrs. Walker and Wells, on the 
 ground that they knew nothing whatever regarding 
 the orders referred to; that they bad neither seen the 
 originals nor certified copies, and had no knowledge 
 they were official; that while such orders may have 
 been issued, contrary orders may have been issued tho 
 next day.] 
 
 Witness. All these orders have been printed and 
 published over and over again. 
 
 Mr. Walker. No official copies have ever been fur- 
 nished us. 
 
 Witness. They are all filed, and the War Department 
 will furnish you with official copies whenever you ask 
 for them. 
 
 Mr. Walker. It is not for us to ask for them, but for 
 the United States to furnish them. 
 
 Q. Please state whether in your march through .^ 
 South Carolina, you at any time authorized the de- 
 struction of private property. 
 
 A. I did; corps commanders were at all times au- 
 thorized to destroy private property where it fulfilled 
 any military uses, and to the commanders of all de- 
 tachments. 
 
 Mr. Walker. 1 must ask this question before you go 
 on. General, I notice you have in your hand a printed 
 volume, and that you are apparently reading from the 
 same; I desire to know what it is you are reading from; 
 I think I have a right to know that. 
 
 Mr. Worthington stated that he proposed to ex- 
 amine the witness in his own way, and if there was any 
 objection it could be made regularly, and entered upon 
 the record. 
 
 Mr. Walker. Then we object to General Sherman, in 
 7 
 
74 
 
 his examination in this case, reading from a volume of 
 which we know nothing, it never having been presented 
 to us for our inspection. 
 
 Witness. The volume I have in my hand is my own 
 memoranda, bearing my own signature, and what I 
 state from it I desire to have regarded as testimony 
 given in the case. 
 
 Mr. Walker. I must then inquire. General, whether 
 that memoranda, of which you speak, is in your hand- 
 writing. 
 
 Witness. It is not; but it was printed under my 
 supervision in the War Department, and every word of 
 it was carefully examined before it went to the press, 
 and has been since. 
 
 Mr. Walker. We object to it, as not being in the 
 hand-writing of the witness, and we not knowing that 
 the copy produced here is an official copy; and even if 
 we were satisfied on that point, we would further ob- 
 ject to it on the ground that the original, if in existence, 
 is the best evidence, and should be produced. 
 
 Examination resumed: 
 
 Q. I will now repeat the question I asked you, and 
 that is, whether at any time in your march through 
 South Carolina, you authorized the destruction of pri- 
 vate property; and, if so, in what instances, and for 
 what purposes? 
 
 A. i required the destruction of all railways, depots, 
 foundries, and arsenals ; I generally, in person, saw that 
 they were so destroyed ; 1 never gave an order for the 
 destruction of a private dwelling, more especially if it 
 were occupied by a family. 
 
 Q. Did you authorize the destruction of cotton gen- 
 erally ? 
 
 A. 1 authorized the destruction of cotton wherever 
 encountered, regarding it as one of the principal re- 
 sources of the enemy in carrying on the war ; it was a 
 saleable article, easily converted into money, which 
 was notoriously used for purchase of arms in Europe ; 
 it was made the basis of one of the principal loans of 
 the Southern Confederation. 
 
75 
 
 [Mr. Walker objects to this testimony as being mat- 
 ter of argument.] 
 
 Q. During your march through South Carolina, how 
 did your different corps communicate with each other 
 at night ? 
 
 A. By signals and by couriers sent from one to the 
 other; generally by signals of rockets. 
 
 Q. About what time in the evening was it customary 
 to send up these rockets? 
 
 A. As soon as the night was far enough advanced for 
 rockets to be seen in the dark. 
 
 Q. By Mr. Walker. When necessary ? 
 
 A. Always every night, to indicate the position of 
 .heads of columns. 
 
 Q. Do you know whether or not rockets were sent 
 up on the evening you arrived at Columbia, for that 
 purpose ? 
 
 A. I did not see them, but I presume the order was 
 obeyed, and from the head of every other column, some 
 of which were twelve miles from there. 
 
 Q. You have heretofore been examined generally 
 with reference to the burning of Columbia, in the case 
 of James J. Browne, No. 37 ; do you re-affirm what was 
 stated in that deposition ? 
 
 [Mr. Walker objected, on the ground that no notice 
 had been given them; that the testimony in that case 
 was to be used in the cases in which himself and Mr. 
 Wells appeared, and that they had had no opportunity 
 of examining the testimony with a view to cross-exami- 
 nation.] 
 
 A. 1 testified in some case when in Egypt; I think 
 it was in the month of February or March; I have not 
 seen a record of that testimony since I gave it, but I 
 take it for granted that what I swore to then was true; 
 my memory of these events is very clear, and yet I al- 
 ways prefer to refer to dates and facts which are of re- 
 cord and in my possessioni 
 
 [Objected to by Mr. Walker and Mr. Wells, on the 
 ground that they were entirely ignorant of what the 
 witness swore to on the occasion mentioned, nor was it 
 stated by the witness.] - 
 
76 
 
 Q. State whether you authorized the destruction of 
 any private property at Columbia, except such property 
 as you have enumerated in your answer to the previous 
 interrogatory? / 
 
 A. None, whatever; on the contrary, I forbade the.y 
 destruction of private property, libraries, colleges, and 
 dwellings. 
 
 Q. Please state where you were when the fire broke 
 out? 
 
 A. The fire was burning a day and a half or two days 
 before we got into Columbia, but was local, confined to 
 the big bridge across the river, the depot, known as the 
 Charleston depot, close by the bridge, ai?d the railroad 
 depot on the opposite side of the town, known as the 
 Charlotte depot, and cotton piled up along the various 
 streets, and which was burning at least twelve hours 
 before any soldier belonging to my army had gotten 
 within the limits of the city of Columbia. On the night 
 of our arrival, after we had been in quiet possession of 
 the city for about twelve hours, a fire originated near 
 the old market house; it must hive been after dark, 
 for I saw the light shining on the <valls of the room in 
 which I was, and sent one of my aid-de-camps down 
 about a mile to see what was the matter, and he came 
 back and told me that the drug store diagonally oppo- 
 site the old market house was burning; that the wind 
 was very strong, and the fire was spreading; I inquired 
 if he had seen the commanding officer of the brigade, 
 which constituted the provost guard, and if he was doing 
 his best to prevent an extension of the flames, and he 
 told me that he had seen General Charles E. Woods 
 himself on the ground, and that the troops were doing 
 seemingly all they could to check or limit the flames 
 to that one block ; that must have been about 7 J o'clock, 
 in the evening; we had entered the town about 11 
 o'clock that morning. The fire continued to increase, 
 and a second time I sent one of my aids down, becom- 
 ing uneasy about it, and he returned, saying that the 
 fire appeared to be beyond all control, and he had seen 
 General Logan and General Howard there, whose 
 troops occupied the city; Howard being in chief com- 
 
77 
 
 mand ; Logan in command of the 15lh corps, and 
 Charles E. Woods in command of the troops imme- 
 diately quartered in the city; the fire continued to rage 
 until after midnight, when 1 went down myself to walk 
 around the burning district; 1 saw the flames carried 
 sometimes two blocks by the force of the wind, and the 
 fire spreading in every direction, and from natural 
 causes; I assisted Mr. Simmons, who had married a Mit^s 
 Wragg, of my acquaintance, to move his family and 
 effects from the house threatened up to my own, which 
 was the house of Blantou Duncan, then contractor for 
 the manufacture of Confederate money; that family 
 was removed, but the house, fortunately, did not burn ; 
 I was myself out until 4 o'clock in the morning, and I 
 believe those troops worked as faithfully as any troops 
 ever did. 
 
 [Mr. Walker objects to all statements of the witness 
 based upon what others told him.] 
 
 I admit that I saw myself one or more drunken men, 
 and ordered the arrest of one, to effect which, one of 
 my aid-de-camp (Colonel Dayton,) had to shoot him 
 with a pistol. 
 
 The fire was most fearful beyond all question ; but I 
 saw with my own eyes no fire originated, ana 1 al- 
 ways supposed that it originated in that burning pile 
 of cotton which I saw with my own eyes. 
 
 [Mr. Walker. I object to this statement of the wit- 
 ness, inasmuch as it is supposition.] 
 
 Witness. There is no supposition about it at all ; I 
 saw with my own eyes, about eleven o'clock that morn- 
 ing, as I rode in the City of Columbia, cotton piled 
 along the main street, which, if prolonged, would run 
 up against the State House, very near the old Market 
 House, and very near that drug store where my aid- 
 de camp reported the fire had originated; the wind 
 was very strong without a cloud in the sky, and it 
 tossed and pitched the cotton about, lodging it in 
 the trees and on the eaves of houses, all, or most of 
 which were of wood, so that many of us were prompt- 
 ed to remark — I know I did, at least — that it presented 
 the appearance of a snow storm ; prior to the great 
 
78 
 
 conflagration, immediately on reaching the central part 
 of the city, myself and staff, General Howard, the 
 immediate commander of the troops, following us, 
 riding at my side, started to examine the city. 
 
 Q. By Mr. Walker: When was this? 
 
 A. In the morning on entering the city ; we rode 
 down to the railroad depot, which 1 have described as 
 the Charleston depot, and found the depot burned and 
 many piles of cornmeal and corn burning; we gave 
 some direction to som.e of the soldiers who were there 
 to pile aside the good, so as to save as much as possi- 
 ble, because we needed it ; I continued my ride along 
 the railway in the direction of some foundries, 1 sup- 
 pose about five hundred or six hundred yards down the 
 stream from the depot along the track, when some 
 picket rode up to me and told me not to go too far, that 
 the rebels were on the hill in sight and I might get a 
 shot J turning back in the direction of the new State 
 House I noticed a soldier coming down the street 
 drunk ; I called General Howard's attention to the 
 fact, saying: "General, you had better look out or 
 you will have hell to pay; you had better go and see 
 about it in person." 
 
 Q. By Mr. Walker : This was in the morning, too ? 
 
 A. Yes, sir ; and before the fire broke out ; he 
 (General Howard) afterward reported to me that he had 
 relieved the brigade of Stone — Stone's brigade being 
 the first to enter Columbia, and constituting the pro- 
 vost guard — and had selected another brigade of the 
 same division to act as provost guard, under immediate 
 direction of General Charles R. Woods, an ofiicer of 
 the regular army, and an officer of as high character 
 as any in this or any other country ; he is still living ; 
 to him was entrusted the safety and general good 
 order of the City of Columbia during our occupation ; 
 he is now, I think, in Newark, Ohio ; he is still an 
 officer in the regular army — Lieutenant Colonel, 5th 
 infantry ; I should suppose he could give as much per- 
 sonal testimony as any man living ; General John A. 
 Logan commanded the corps to which General Charles 
 •E. Woods' division belonged ; he was also quartered 
 
79 
 
 near Columbia, in the Preston House, which was not 
 burned ; the house in which I was quartered was not 
 burnt either ; it was a little remote, separated by 
 vacant lots from the body of the town. 
 
 [Mr. Walker desired to have it noted that his objec- 
 tion to the admission of testimony taken in Egypt 
 was taken because neither he nor Mr. Wells had ever 
 seen it, and therefore could not proceed to cross-exam- 
 ine the witness in regard to it; he wished it stated, 
 further, that he was not prepared to say that he would 
 not object to it if he had seen it,] 
 
 (Witness here testifies as to occurrences in G-eorgia.) 
 
 [Counsel for the United States here tenders to Mr. 
 Walker a copy of the deposition of General Sherman 
 taken in Egypt in the case of Joseph J. Browne, No. 37.] 
 
 [Mr. Walker states that he cannot withdraw his ob- 
 jections to the admission of this testimony, having had 
 no time to look at it, and not being able to do so while 
 the examination is going on. They must, therefore, as 
 far as they are concerned, regard it as an ex 'parte 
 statement, which they must object to being received in 
 evidence.] 
 
 [Counsel for the United States desires the commis- 
 sioner to note that counsel for the claimants retains the 
 deposition.] 
 
 [Mr. Walker replies that he retains what purports to 
 be a copy of the deposition.] 
 
 Cross-examination by Mr. Walker : 
 
 Q. In regard to the capture of certain horses in Co- 
 lumbia, were there orders for the capture of all horses? 
 
 A. Yes, sir. 
 
 Q. Horses, therefore, taken from different stables in 
 Columbia were taken by your orders ? 
 
 A. Yes, sir. 
 
 (Testimony as to occurrences before reaching Co- 
 lumbia.) 
 
 Q. Your idea upon leaving Savannah was to strike 
 what point in North Carolina ? 
 
80 
 
 A. My point was Orangeburg; in the first place to 
 cut Charleston off from Augusta by destroying a sec- 
 tion of that road, and thence to swing around to 
 Orangeburg and threaten the road from Charleston to 
 the north by Florence; but before I had accomplished 
 this last movement the rebel army in Charleston, com- 
 manded by William J. Hardee, had burned the place 
 and evacuated it, and had escaped to the north ; there- 
 fore it was unnecessary for me to take my army over 
 on the Florence road. 
 
 Q, You thought, however, at one time of taking 
 Charleston in the rear? 
 
 A. Never; I put out that idea for the purpose of 
 misleading ; I never proposed to take Charleston in the 
 rear ; I am very familiar with the ground there, 
 
 Q. And you never did, at any time, contemplate any 
 such a thing? 
 
 A. I never, at any time, contemplated a direct attack 
 upon Charleston. 
 
 Q. You thought at one time, however, of throwing a 
 wing of your army into Charleston? 
 
 A. From the sea. 
 
 Q. You, at no time, thought of taking part of the 
 army in which your immediate command was into the 
 city of Charleston ? 
 
 A, No, sir; I was aiming at the higher game, 
 namely, Eichmond. 
 
 Counsel. 1 am aware of that fact, General. 
 
 Witness. Upon leaving Savannah I ordered a divi- 
 sion to be held in readiness at Port Eoyal, aiid to 
 watch the effect upon Charleston when my army was 
 to its rear, and if evacuated to take possession imme- 
 diately, but if the army remained in Charleston to dis- 
 embark at Bull's Bay and close the road which leads 
 from Mt. Pleasant up towards Georgetown, which 1 
 knew would result in Hardee's getting out of that 
 place very quickly. 
 
 Q. But you never had, at any time in the course of 
 your march, any notion, nor any remote idea of 
 throwing any part of your army into the city of 
 Charleston ? 
 
81 
 
 A. I had not; in my official reports, which state my 
 purposes, I there say that I regarded Charleston as a 
 '* dead cock in the pit already." 
 
 Q. Your idea, then, was to march your army through 
 Columbia ? 
 
 A. Yes, sir. 
 
 Q. Or by Columbia ? 
 
 A. Eight through Columbia. 
 
 Q. Were you at any time before crossing the Savan- 
 nah river, or before reaching Columbia, aware of a 
 strong spirit of vengeance — a desire for vengeance — 
 animating your troops to be wreaked upon South 
 Carolina ? 
 
 * A. I was ; the feeling was universal, and pervaded 
 all ranks. 
 
 Q. Officers and all ? 
 
 A. Officers and all ; we looked upon South Carolina 
 as the cause of our woes. 
 
 Q. And thought that she thoroughly deserved severe 
 treatment ? 
 
 A. Yes, sir ; that she thoroughly deserved extirpa- 
 tion. 
 
 Q. You had every reason to believe that the army 
 would carry out their determination in this respect ? 
 
 A. Except when restrained by order and discipline. 
 
 Q. General, it is alleged that Yon Moltke has said 
 that your army was an armed mob ? 
 
 A. Von Moltke was never fool enough to say that ; 
 I have seen Yon Moltke in person ; 1 did not ask him 
 the question, because I did not presume that he was 
 such an ass as to say that. 
 
 Q. You deny that statement, do you? 
 
 A. Our army was as good an army as the Prussians 
 ever had, and Von Moltke is a man of too good sense 
 to have made any such statement as has been attribu- 
 ted to him. 
 
 Q. We have the strongest proof. General, of the fact 
 that it was a wonderfully well disciplined army. 
 
 A. Von Moltke is a man of wonderful sense and sa- 
 gacity, and I don't believe he ever said anything that 
 could be tortured into that; he may have said that our 
 
82 
 
 armies in America, organized as they were, composed 
 as they were, and moving over a country so different 
 from Europe, form no guide or rule in European warfare, 
 but that the Prussian army did learn many a lesson, 
 and profited by them from our war, is manifest, and 
 they and their officers are prompt to acknowledge it. 
 
 Q. General, I have often heard your enemies in the 
 South admit the perfect discipline of your troops ? 
 
 A. We could not have done what we did do unless 
 we had kept them under good discipline? 
 
 Q. Can you tell me anything about the 15th corps ? 
 
 A. Yes, indeed, I can ; I know all about it; they were 
 as fine a body of men as ever trod shoe-leather. 
 
 Q. They had the reputation of doing their work 
 well? 
 
 A. Yes, sir; thoroughly. 
 
 Q. Whether it was to ravish a country or take a 
 city? 
 
 A. Strange to say, in the whole of our march I never 
 heard of but two cases of ravishment, if you mean 
 rape. 
 
 Counsel, Mr. Walker. I do not mean rape. 
 
 A. For going into a fight and going through a fight, 
 they were the men they are described to be. 
 
 Q. Hadn't they a reputation in Mississippi? 
 
 A. They had a very high reputation in Mississippi. 
 
 Q. Had they not a reputation there for leaving their 
 mark upon the country ? 
 
 A. Yes, sir, they left their marks wherever they went. 
 
 Q. You were aware of this ? 
 
 A. Perfectly. 
 
 Q. When you reached Savannah ? 
 
 A. Indeed, I was; I knew every officer and every 
 private in that corps. 
 
 Q. They were a wild set, were they not ? 
 
 A. 'No, sir; they were composed of first rate men — 
 farmers and mechanics, and men who are to-day as 
 good citizens as we have in our country, but who went 
 to war in earnest; they were mostly western men, 
 from Ohio and Illinois. 
 
 Q, They were good men for destroying property? 
 
83 
 
 A. Yes, sir; when told to do so, they destroyed it 
 very quickly. 
 
 Q. When not told to do so, if they thought they 
 might do it and it not be objectionable to their officers 
 
 A. They could do their work very thoroughly when 
 they undertook it. 
 
 Q. Were they in the habit of destroying property? 
 
 A, No, sir; I don't think they were more than was 
 necessar}^; they were a very kind set of men, and I 
 have known them frequently to share their rations 
 with citizens, people along the countrj^; I have often 
 seen it done with my own eyes. 
 
 ' Q. Do you mean to say that you were not aware, 
 when you were in the city of Beaufort, or say Orange- 
 burg, before you reached Columbia, that the 15th 
 corps were a corps distinguished for the marks they 
 left upon the country through which they passed ? 
 
 A. I may have known it, and very likely I did; T 
 knew generally what was going on. 
 
 Q. 1 asked you did you know it ; I should like you 
 to answer that question ; when you reached the village 
 of Orangeburg, before you arrived at Columbia, were 
 you not aware that the 15th corps were remarkable for 
 the manner in which they left their mark upon the 
 country through which they passed ? 
 
 Witness. Explain what you mean by "mark?" 
 
 Counsel. Devastation. 
 
 A. They killed every rebel within range of their guns 
 and left their dead bodies to mark the ground. 
 
 Q. Devastation of property, I mean ? 
 
 A. As to devastation of property, no more than the 
 rest of the troops ; I think we supplied the hospital in 
 Orangeburg, which was occupied by rebel soldiers 
 wounded, and orphans and children who had been 
 brought up from Charleston. 
 
 Q. Did you burn any property in Orangeburg? 
 
 A. Not a bit; they burned the property before we 
 crossed the river ; I was right opposite the river when 
 we carried that bridge ; I had been down to see Mower ; 
 passing down below the town, I passed along with 
 
84 
 
 Mower's column, and arrived just in time to see Giles 
 Smith's brigade go over; I was one of the first to get 
 over into town and the town was burning then ; I was 
 told by a citizen there that it was burned by some Jew. 
 
 Q. I ask you if you ordered any property to be burn- 
 ed in Orangeburg? 
 
 A. I do not believe I did, unless it was some cotton, 
 and I don't remember that; but the town was on fire 
 before I crossed and got into it. 
 
 Q. You do not remember ordering the cotton of one 
 J. W. Carmalt, to be burned. 
 
 A. l!»ro, sir. 
 
 Q. You do not remember an interview with Carmalt, 
 and his asking you to preserve the cotton because it 
 was British property ? 
 
 A. I do not. 
 
 Q. You do not remember telling him that you could 
 afford no more protection to British cotton than 
 
 A. Than that of our own deluded citizens; that was 
 my usual answer, 
 
 Q. Your usual answer was that you could afford no 
 protection to cotton belonging to British subjects ? 
 
 A. To any subjects more than to our own deluded 
 people. 
 
 Q. Whatever cotton you might find, no matter whose 
 it was, you believed it to be your duty to burn it ? 
 
 A. The rebels left very little cotton for us to burn ; 
 Wheeler, who commanded the rebel cavalry — retreat- 
 ing before me — wrote to General Howard a note offer- 
 ing to abstain from the further burning of cotton if I 
 would prevent the burning of houses ; I wrote to him 
 that I wanted him to burn all the cotton he could, be- 
 cause it would save us the trouble of doing it; we did 
 not intend to hold the cotton, and therefore could leave 
 nothing of value behind us which could be converted 
 into money to be used in aid of the rebellion. 
 
 [Mr. Walker objected to anything that Mr. Wheeler 
 told General Sherman.] 
 
 Witness. Wheeler did not tell me ; he wrote a letter 
 to General Howard, who handed it to me, 
 
 Mr. Walker. Then let us see the letter. 
 
85 
 
 Q. I want this to be clearly understood, therefore I 
 repeat the question ; did you not tell all subjects of 
 whatever nation they belonged to, that you could not 
 protect their cotton, and moreover it was your duty to 
 burn it ? 
 
 A. I cannot recall having used that language. 
 
 Q. Well, language to that effect ? 
 
 A. Nor do 1 recall the fact of any man having ap- 
 plied to me to protect his property by reason of being 
 a foreign subject ; but if any such did apply to me, I 
 certainly would have told him pretty much as you have 
 said ; I would not undertake to protect his cotton, nor 
 anybody else's cotton ; 1 did not intend to stay there 
 and protect it; I was going on. 
 
 Q. If a Colonel of one of your regiments, while forag- 
 ing, met with a store-house containing cotton, would 
 it, or would it not, have been his duty to burn it ? 
 
 A. Yes, sir. 
 
 Q. Without receiving specific orders to do so? 
 
 A. Yes, sir. 
 
 Q. How far above Columbia did you cross the Broad 
 and Saluda rivers ? 
 
 A. I should suppose about three miles. 
 
 Q. You sent on an advance detachment ; did you 
 not? 
 
 A. Whilst laying a pontoon bridge across Broad 
 river we passed over the brigade, known as Stone's 
 Iowa brigade, to cover the men whilst engaged in lay- 
 ing down the pontoon bridge. 
 
 Q. These men' under Colonel Stone first preceded 
 the column? 
 
 A. They remained on the opposite bank ; deployed, 
 of course, so as to prevent any of Wade Hampton's 
 cavalry coming within rifle-shot of the place where the 
 pontoon bridge was being laid ; just about nine o'clock 
 in the morning I was down wailing for that bridge to 
 be finished, when I received a note in pencil from 
 Colonel Stone, saying that the mayor had come out 
 and surrendered the city, and asking orders ; I told 
 him to go right in ; this was about nine or ten in the 
 morning. 
 
86 
 
 Q. Colooel Stone proceeded to the town ? 
 
 A. Yes, sir; they were the first troops that entered 
 the city of Columbia. 
 
 Q. Did you offer any terms or promise any protec- 
 tion to the city of Columbia or its inhabitants? 
 
 A. Never. 
 
 Q. You did not promise that private property should 
 be protected? 
 
 A. Never. 
 
 Q. Did Colonel Stone? 
 
 A. No, sir J he had no authority. 
 
 Q. And you didn't promise at any time that the 
 citizens would be safe in the enjoyment of their private 
 property ? 
 
 A. I made no promise ; it is very probable I may 
 have said that there was no necessity for being fright- 
 ened, that we were not going to burn anything except 
 arsenals, machine shops and foundries ; but it was not 
 in the form of a promise ; if it was said it was a mere 
 conversational remark, probably to the mayor or some 
 of the people who came to me very much alarmed, as 
 they naturally would be at the fall of their city. 
 
 Q. You, however, entered the city of Columbia with 
 the main army about two hours later ? 
 
 A. Yes, sir. 
 
 Q. I would like for you to be particular ; please try 
 and remember how long it was afterwards ? 
 
 A. Stone's brigade could not have been in town more 
 than an hour or an hour and a half before I came in ; 
 we came in very quickly; the pontoon bridge was 
 nearly done when 1 got this message from Stone, and 
 sent back and told him to go right into town. 
 
 Q. Most of the testimony filed in this case states 
 it to be about two hours later ; upon deliberation would 
 not you think that about the time? 
 
 A. It was a very short time ; I think we were in 
 there before noon, and the day was pretty well ad- 
 vanced before we got the bridge done, and Stone was 
 to uncover the bridge just before its completion. 
 
 Q. Wouldn't this be about correct if you were to say 
 that the main army entered Columbia about 12 o'clock? 
 
87 
 
 A. Near 11 ; I suppose nearer 11 than 12 o'clock — 
 somewhere between 11 and 12. 
 
 Q. You were riding at the head of the column? 
 
 A. Yes, sir. 
 
 Q. With General Howard? 
 
 A. General Howard was by my side; he was com- 
 manding the right wing and I was commanding in 
 chief; General Howard had his written orders made 
 two days before as to what he was to do after we 
 reached Columbia; our staffs rode right behind us, and 
 then came the head of the column, which I think was 
 the 2d division 15th corps, commanded by General 
 Charles K. Woods. 
 
 Q. General Howard, then, I understand you to say, 
 had orders from you as to the disposition of troops ? 
 
 A. Yes, sir ; the left wing didn't come within twelve 
 miles ; that wing passed Broad river, at Alston, from 
 twelve to fifteen miles above Columbia ; the right wing 
 was composed of the 15th and 17th corps ; the 15th corps 
 was to pass through Columbia, right on the outskirts 
 of it ; the 17th corps was not to go into Columbia at all, 
 but to stretch itself across the Winnsboro' road, ready to 
 move on to Winnsboro' ; the leading division of the 
 15th corps, commanded by General Woods, was to 
 occupy Columbia, and the other two divisions to pass 
 through and encamp just outside the town. 
 
 Q. These were your orders ? 
 
 A. Yes, sir ; that division was to furnish the usual 
 provost guard for the city. 
 
 Q. The 17th corps, I understand you to say, were 
 not to come into Columbia; they were to stretch across 
 to the Winnsboro' road, and the 15lh corps was to 
 enter Columbia. 
 
 A. Yes, sir. 
 
 Q. When you entered Columbia did you meet any of 
 Stone's brigade there? 
 
 A. I found Stone's brigade with their arms stacked, 
 engaged in trying to put out that burning cotton which 
 was piled in the main street, not far from the Market 
 House, the pile of cotton being at least three hundred 
 or four hundred feet long, and from two to three bales 
 
88 
 
 high ; they were endeavoring to extinguish the flames, 
 so as to enable the train of the 15th corps, which would 
 have to come right behind, to follow that road and to 
 pass through; they were trying to make sufficient 
 space around, so as to let them pass safely, especially 
 the ammunition train, which it is a little dangerous to 
 have pass near great fires ; they were endeavoring to 
 extinguish that fire; I found them in the act of so 
 doing when I entered Columbia. 
 
 Q. A great many of Stone's troops were disbanded, 
 were they not, and scattered ahout ? 
 
 A. Pickets would be over the town, posted at inter- 
 sections of such streets and in such places as Colonel 
 Stone thought proper for the maintenance of general 
 good order in the town. 
 
 Q. Were not a large number of them, at the time of 
 your entry or shortly afterwards, not under orders? 
 
 A. They were scattered through the town, you know, 
 like soldiers generally, when they have stacked arms; 
 it is the custom to let a few men go off and get water 
 or something of that kind, and they were probably out 
 for such purposes. 
 
 Q. Did you see any stores along Main Street being 
 broken into ? 
 
 A. No, sir, I did not ; Main Street was crowded full 
 of negroes, escaped prisoners, and officers of our army 
 who had been imprisoned there, but who had succeeded 
 in making their escape ; there must have been 300 
 there ; I met the Mayor, Dr. Goodwyn, there, an old 
 gentleman ; I was still mounted, and he came up to my 
 horse, and we had a conversation about one thing and 
 another ; and afterwards, on a second meeting, he 
 told me which house he had selected for my occu- 
 pation, namely, the house of Blanton Duncan, on a 
 street at right angles with this main street and remov- 
 ed from it, 1 should suppose about one thousand yards. 
 
 Q. I understand you to say that you saw no pillaging 
 going on along Eichardson or Main Street during the 
 hours of daylight on the 17th ? 
 
 A. I did not. 
 
 Q. Nor anywhere else in Columbia during the hours 
 of daylight ? 
 
A. No, sir. 
 
 Q. You were not apprised of it in any way ? 
 
 A. I was not. 
 
 Q. You were not aware that almost every store 
 along Main Street was broken into by men in Federal 
 uniform ? 
 
 A. I was informed by the Mayor that Wade Hamp- 
 ton's cavalry had gone through the town and plundered 
 their stores before we got there; the Mayor himself 
 reported that to me. 
 
 Q. I asked you if you are aware that these stores 
 were plundered by men in Federal uniform subse- 
 quently ? 
 
 A. I do not know anything about the Federal uni- 
 form being used by the rebels. 
 
 Q. I did not ask about the rebels ; I asked a very 
 simple question, and I want an answer? 
 
 A. I heard nothing of the plundering of stores by 
 our men during the day of our first occupation of the 
 city of Columbia. 
 
 Q. And know nothing of it ? 
 
 A. I know nothing of it personally or officially. 
 
 Q. Do you know anything of it in any way whatso- 
 ever, individually, privately, or in any way ? 
 
 A. No, sir; on the contrary, there was very good 
 order in the city ; 1 walked about the streets like 
 everybody else that day, and saw nothing out of the 
 way ; a good many people came to see me and claimed 
 protection, and I told them to go back home and be- 
 have themselves ; I came across some of my old friends 
 in Columbia, and paid them visits. 
 
 Q. I then understand you to say there was no plun- 
 dering going on along on Main street when your main 
 army passed through ? 
 
 A. If there was I saw it not. 
 
 Q. You have stated to me that there was a general 
 feeling through the army, pervading all ranks, of a de- 
 sire to wreak vengeance — to extirpate, if I may be 
 permitted to use your own words, South Carolina ? 
 
 A. There was. 
 8 
 
90 
 
 Q. "Was that feeling shared in by your superior 
 oflScers ? 
 
 A. Not at all, unless it may be inferred from a para- 
 graph in a letter of General Halleck to me, which was 
 published — published in the official documents — in 
 which he said in case I took Charleston he hoped I 
 would sow salt upon it, so that it would never resur- 
 rect; that is the only paragraph I can recall in any 
 letter of instruction or communication to me during 
 the time I was in Savannah or before. 
 
 Q. What was your reply ? 
 
 A. My reply was, that if we took Charleston I sup- 
 posed there would be very little left of it when we got 
 through with it, but 1 did not intimate that I was going 
 to Charleston, because I had made up my mind what 
 course to pursue before that time ; still my letter is a 
 public letter, and is of record ; it has been printed, I 
 suppose ; I can find it if you desire it. 
 
 Counsel. I am not particularly anxious to see the 
 letter, if you can give me the substance of your reply. 
 
 Witness. I refer to the testimony given by me before 
 the Committee on the Conduct of the War, in which I 
 extract many of my own letters. 
 
 I think I used the language in a letter to General 
 Halleck. 
 
 (Witness looking over a printed volume.) 
 
 I am now trying to see if I can find it. My lan- 
 guage is : 
 
 "I will bear in mind your hint as to Charleston, and 
 don't think salt will be necessary. When 1 move, the 
 15th corps will be on the right of the right wing, and 
 their position will bring them naturally into Charles- 
 ton first, and if you have watched the history of that 
 corps, you will have remarked that they generally do 
 their work up pretty well. The truth is, the whole 
 army is burning with an insatiable desire to wreak ven- 
 geance upon South Carolina. I almost tremble at her 
 fate, but feel that she deserves all that seems in store 
 for her. Many and many a person in Georgia asked 
 me why we did not go to South Carolina, and when I 
 answered that I was en route for that State, the inva- 
 
91 
 
 riable reply was, * Well, if you will make those people 
 feel the severities of war, we will pardon you for your 
 desolation of Greorgia.' 
 
 '* I look upon Columbia as quite as bad as Charles- 
 ton, and I doubt if we shall spare the public buildings 
 there, as we did at Milledgeville." 
 
 At Milledgeville we did not destroy anything except 
 the arsenal. Let me in this connection refer to Gen- 
 eral Ilalleck's letter. 
 
 Q. What is that you are reading from ? 
 
 A. This is a volume of extracts from the report of 
 the Joint Committee on the Conduct of the War, which 
 I have had bound for my own immediate use. 
 
 (Witness read from letter of General Halleck the 
 following extract : ) 
 
 " Orders have been issued for all officers and detach- 
 ments having three months or more to serve, to rejoin 
 your army via Savannah. Those having less than 
 three months to serve, will be retained by General 
 Thomas. Should you capture Charleston, 1 hope that by 
 some accident the place may be destroyed ; and if a 
 little salt should be thrown upon its site, it may pre- 
 vent the growth of future crops of nullification and 
 secession." 
 
 General Halleck's letter was not in the form of an 
 order. It was among the letters — it was among the 
 friendly letters which constantly passed between us. 
 
 Q. It was an official despatch, was it not ? 
 
 A. He signed it with his official title. 
 
 Q. Printed, is it not? 
 
 A. Printed by me. 
 
 Q. Printed among the official despatches by the com- 
 mittee appointed by Congress upon the conduct of the 
 war? 
 
 A. Yes, sir. 
 
 Q, You were one of that committee, were you not. 
 General ? 
 
 A. Nary time. They were after me ; they did not 
 have anything but Congressmen on their committee, of 
 course. 
 
 Q. Had nobody but Congressmen ? 
 
92 
 
 A. Of course not. It was a CongressioDal committee ; 
 it was a joint committee upon the conduct of the war; 
 I was a mere witness before them, and this is my testi- 
 mony (holding up a printed report.) 
 
 Q. These despatches were furnished by you ? 
 
 A. Yes, sir, by me, and a copy of them kept in the 
 War Department here. 
 
 Q. How long had this cotton been burning before 
 you reached Columbia ? 
 
 A. I cannot tell, of course. 
 
 Q. You say a day and a half? 
 
 A. No, I do not; I say it was burning when we got 
 there. 
 
 Q. Before you reached the city of Columbia — I do 
 not mean arrived opposite — did you not say that the 
 fire was burning a day and a half before you entered 
 the city ? 
 
 A. No, sir ; I say the bridge had been burned, and 
 the depot-buildings, a day or a day and a half before we 
 crossed. 
 
 Q. Had been burned ? 
 
 A. Yes, sir ; had been burned down, and were smoul- 
 dering ; we could see it across the river not further 
 than from here (the office of the British and American 
 Mixed Commission, near the Treasury Department) to 
 the President's house. 
 
 Q. Do I understand you to say that burning cotton 
 flies in the air? 
 
 A. Indeed it does. 
 
 Q. About how many feet high in the air ? 
 
 A. As many as 600 feet ; yes I saw it fly, probably, 
 from four or five hundred yards — fifteen hundred feet 
 in distance. 
 
 Q. I do not mean rolling along the ground ? 
 
 A. No, sir ; I mean up in the air, like a fire-ball. 
 
 Q. How about height ; does it rise above ten feet ? 
 
 A. Yes, sir ; 150 feet ; whirling round. 
 
 Q. Balls of what size ? 
 
 A. Probably 50 pounds, 40 or 50 pounds. 
 
 Q. How many feet in the air ? 
 
 A. One hundred or 150 feet in the air. 
 
93 
 
 Q, I do not mean when they are flying in the air ? 
 
 A. I mean when they are picked up by the force of 
 the wind and drawn down again through the narrow 
 streets, as you have seen straws and cotton carried 
 along and then blown away off. 
 
 Q. Was this a narrow street the cotton was blowing 
 in? 
 
 A. No, sir. 
 
 Q. It was in an open street, was it not ? 
 
 A. No, sir; it was in the main street; 1 suppose the 
 main street must have been 80 feet wide. 
 
 Q. Were there trees on each side ? 
 
 A. Yes, sir ; but they were stripped of their leaves ; 
 they were dry ; it was in the winter time, and the cot- 
 ton was lodged all through the trees, hanging in clus- 
 ters like snowflakes ; there were some green trees; 
 some of what we call the willow oak that were green, 
 but the most of the trees were dry, deciduous trees, 
 with the leaves stripped off, were of a dry kind. 
 
 Q. Columbia is a beautiful city, is it not ? 
 
 A. Yes, sir, a very beautiful city. 
 
 Q. There were fine avenues on each side of this 
 cotton ? 
 
 A. No, sir, hardly room to pass on each side ; when 
 we got in they were hauling the cotton back so as to 
 let the wagons pass when we entered that part of the 
 street. 
 
 Q. There were fine avenues of trees ? 
 
 A. Yes, sir, there were a good many trees. 
 
 Q. You say the cotton could lodge in the trees when 
 it was flying away ? 
 
 A. It did lodge a great deal in the trees. 
 
 Q. This was on Main street ? 
 
 A. Yes, sir, on the street which prolonged, hits the 
 new State-house. 
 
 Q. Eichardson or Main ? 
 
 A. I think it was the main street. 
 
 Q. That is the one leading to the capitol ? 
 
 A. Yes, sir; from the direction from which we were 
 coming ; I called it the main street. 
 
 Counsel. That is the main street, there is no question 
 about that. 
 
94 
 
 Witness. We came right down on what is called 
 Kichardson street on this map, (referring to map here- 
 tofore introduced in evidence by the claimant;) it is 
 the main street ; we came right down where the stores 
 are. ? 
 
 Q, Leading from the capitol up the river ? 
 
 A. Yes, sir; I should suppose that burning cotton 
 must have been three or four blocks short of the ca- 
 pitol ; that is, before we got to the capitol, and the 
 drug-store was on the right hand corner toward the 
 fire. 
 
 Q, Can you state positively that you saw any house 
 take fire from pieces of burning cotton ? 
 
 A. 1 did myself; I saw in the night time — between 
 two and four in the night — as 1 came down in the 
 neighborhood of the fire and walked over to where Mr. 
 and Mrs. Simmonds were living, and they came out 
 on the porch ; we stood there looking at this fire roar- 
 ing, tearing down, and I saw Dayton and others, (and 
 probably McCoy, of my staff, was with me,) and we 
 were just watching ; I was in supreme command, but I 
 did not exercise direct command because there were 
 plenty of commanding officers on the spot, and I thought 
 that too many commanding officers would spoil any 
 game; but I saw myself great masses of fire, consisting 
 of both cotton and shingles thrown over our heads, and 
 one mass of cotton and shingles set fire to a wood-shed, 
 and there being soldiers close by I had the fire put out; 
 it must have been at least three o'clock. 
 
 Q. How many blocks from the place where the cot- 
 ton was? 
 
 A. There were two intervening blocks in view when 
 I saw this with my own eyes. 
 
 Q. How far from the cotton you saw burning at 11 
 o'clock in the morning? 
 
 A. Probably six blocks. 
 
 Q. In what direction ? 
 
 A. About northeast. 
 
 Q. What time of the night was it that you saw the 
 light of the fire in your room ? 
 
 A. The first light just after dark ; it must have been 
 about 7 o'clock in the evening. 
 
95 
 
 Q. It broke out near the market, did it not? 
 
 A. Yes, sir. 
 
 Q. Where is the market? 
 
 A. (After referring to a map, made an exhibit by- 
 claimants in case of Wood & Heyworth.) On Assem- 
 bly street, between Washington and Plain ; I think the 
 cotton was burned in Main street, near the corner of 
 Plain or Washington, it may be. 
 
 Q. You saw this fire at 7 o'clock in the evening? 
 
 A. Yes, sir. 
 
 Q. You saw the fire at 11 o'clock in the morning? 
 
 A. I had seen cotton burning in the street — in the 
 main street — and on two or three side streets, as I rode 
 into town ? 
 
 Q. How was it this fire surprised you more than 
 the others ? 
 
 A. From the brilliant flames ; cotton in burning 
 makes no flame, but I saw from the reflection on my 
 wall that there was a house burning. 
 
 Q. Is not a fire from cotton easily kept under ? 
 
 •A. It is very easily kept under if you have plenty of 
 force to do it, and there is not too much wind prevail- 
 ing at the time. 
 
 Q. Are you not aware that fire was set to houses in 
 Columbia by individuals ? 
 
 A. I assure you I am not ; I did not believe it then, 
 and I do not believe it now; I have asked the escaped 
 prisoners, one of whom is now staying at my house, 
 and who was there a prisoner, and he tells me he saw 
 with his own eyes carts hauling cotton down in the 
 streets for burning three days before we got in ; I will 
 give you his name; his name is Captain S. H. M. 
 Byers ; he is now at my house on his way to Zurich, 
 Switzerland ; he will leave on Saturday. 
 
 [Objected to by Mr. Walker as not responsive to the 
 question, and as being hearsay.] 
 
 Witness. You are pushing me a little beyond the ex- 
 tent of my personal knowledge, and, supposing you 
 were sincere in your desire for information, I referred 
 you to a party who was present at the time, and in a 
 position to know the facts. 
 
96 
 
 Q. You feel a great interest in the question of the 
 burning of Columbia, do you not ? 
 
 A. I do. 
 
 Q. Far beyond the value of money ? 
 
 A. The value of money is nothing compared with 
 the elucidation of the historic truth. 
 
 Q. You felt as soon as you saw the first signs of a 
 general conflagration in Columbia that the authorship 
 of it would be visited upon you ? 
 
 A. Certainly ; I knew I would be held responsible 
 for it by everybody. 
 
 Q. And as a matter of deep personal interest to 
 yourself, you are glad to testify to-day ? 
 
 A. Perfectly so ; it is my pleasure to testify at any 
 time on that subject or any other, especially on this. 
 
 Q. You have, therefore, a warm personal interest in 
 this question ? 
 
 A. I have. 
 
 Q. And in vindicating yourself and the United 
 States forces from the charges which, have been and 
 which you knew would be brought against you ? 
 
 A. If I had made up my mind to burn Columbia I 
 would have burnt it with no more feeling than I would 
 a common prairie dog village; but I did not do it, and 
 I therefore want that truth to be manifest ; that is the 
 interest I have in it ; it is not a question of houses, of 
 property, or anything of the kind. 
 
 Q. And you feel an interest in vindicating your 
 army from the charge ? 
 
 A. Yes, sir. 
 
 Q. You told me some time ago that you know in no 
 way of houses being set fire to by individuals in Co- 
 lumbia during the night of the 17th of February, 1865 ? 
 
 A. I saw no soldier engaged in any act of conflagra- 
 tion except this young man who appeared to be drunk 
 and running about , suspecting that he was engaged in 
 some mischief — 
 
 Q. You did see one ? 
 
 A. He was behaving badly j he was the man whom 
 my aide-de-camp shot and brought to ; I saw no sol- 
 dier engaged in any act of incendiarism that night. 
 
97 
 
 Q. Do you know of any individual firing private 
 property on the night of the 17th of February ? 
 
 A. I do not ; he should certainly have been summa- 
 rily dealt with. 
 
 Q. Do you not believe — I do not want what people 
 told you — but do you not believe that individuals 
 assisted in spreading that conflagration ? 
 
 A. My own judgment was, that the fire originated 
 from the imprudent act of Wade Hampton, in ripping 
 open the bales of that cotton, piling it on the streets, 
 burning it, and then going away , that God Almighty 
 started wind sufficient to carry that cotton wherever 
 he would, and in some way or other that burning 
 cotton was the origin of the fire; after the fire begun, 
 I have heard it intimated that some of our soldiers 
 were engaged in spreading it ; that is the answer to 
 the question ; my belief is, some soldiers, after the 
 fire originated, may have been concerned in spreading 
 it, but not concerned at all in starting it. 
 
 Q. Soldiers may have been concerned in spreading 
 it? 
 
 A. Yes, sir ; after it had been started ; there was a little 
 circumstance which occurred at the beginning, while I 
 was still at the pontoon bridge, that I will mention 
 right here ; 1 received a note from a Sister of Charity, 
 who kept an asylum or school in Columbia, alleging 
 the fact that she was a teacher in a school in Brown 
 County, Ohio, where my daughter Minnie was a pupil, 
 and by reason of that fact she claimed protection to her 
 school and to her property ; I think I sent one of my 
 staff officers, Colonel Ewing, to assure her that there 
 was no purpose to disturb her or the property of any- 
 body in Columbia; I have since heard that she claimed 
 that I passed my word guaranteeing to her protection, 
 on which she has based a claim for indemnification, &c. ; 
 now, of course, I did not want that school burnt with a 
 parcel of little children. 
 
 [Objected to by Mr. Walker as not brought out by 
 any question asked by him ; and moreover, it is de- 
 pendent upon statements which the General says he 
 had heard some one else make.] 
 9 
 
98 
 
 Witness — I went myself to see her afterwards ; that 
 is what I am getting at. The next day after the con- 
 flagration I went and found them all clustered in an 
 adjoining house, and gave orders that they should have 
 possession of some Methodist establishment, which 
 happened to be vacant, and which would serve as a 
 shelter until they could procure another place. Their 
 school house was burnt down in the great conflagration 
 of the night before ; several churches were burnt in 
 the conflagration, which, of course, I could not have 
 desired. 
 
 Q. Do you know of any instances where soldiers or 
 oflBcers under your command saved private property p" 
 Columbia? 
 
 A. Yes, sir; several of my officers had their eyes 
 burnt in trying to fight off the flames from private 
 property in cases where they were appealed to, or had 
 some personal acquaintance. 
 
 Q. When they were interested they saved property? 
 
 A. Yes, sir ; all the forces on earth could not have 
 stopped the fire in that part of the city, where the 
 houses were mostly constructed of yellow pine; it was 
 a providential subsidence of the wind that enabled us 
 to get the fire under control about 4 o'clock in the 
 morning; if the wind had continued I suppose the fire 
 would have swept everything. 
 
 Q. In what direction did the wind blow ? 
 
 A. I think it was a northwest wind ; it came right 
 down on our backs, I know, as we went down the 
 street. 
 
 Q. Northwest? 
 
 A. I think it was; if my memory serves me right, 
 the wind came down Eichardson l^treet towards the 
 capitol. 
 
 Q. It was a northerly wind ? 
 
 A. I think so. 
 
 Q. Was it nearer north than northwest ? 
 
 A. Well, I really do not know ; I did not pay much 
 attention ; it was not my business ; I am confident that 
 when we rode down the street the wind was at our 
 back, and from the Northwest ; it may have shifted in 
 
99 
 
 the night, but in the niorning about 3 or 4 o'clock, the 
 wind subsided considerably, and then the fire was 
 enabled to be girded ; we had a division of troops on 
 duty ; the whole of Woods' division was ordered in for 
 the purpose of controlling the fire. 
 
 Q. Did you give any orders for posting sentinels ? 
 
 A. No, sir ; that was not my business. 
 
 Q. Do you know anything about it ? 
 
 A. No, sir. 
 
 Q. Do you know what corps, or portions of what 
 corps, were posted in the town that night ? 
 
 A. The 15th corps. 
 
 Q. Posted in town ? 
 
 A, Yes, sir. 
 
 Q. The whole of the corps ? 
 
 A. No, sir ; one division. 
 
 Q. Which division ? 
 
 A. Woods' second division. 
 
 Q. Was Woods' the first one posted there ? 
 
 A. Woods' division embraced the brigade of Stone, 
 which was the first. 
 
 Q. Was there not a change in the night ? 
 
 A. Yes, sir ; the brigade first on duty, viz : Stone's, 
 was relieved in the day time*. 
 
 Q. Why were they relieved? 
 
 A, Because I had seen a drunken man on the streets 
 and called Howard's attention to it, and told him to go 
 and attend to the matter in person. 
 
 Q. Because you saw one drunken man on the street, 
 you had the whole brigade relieved ? 
 
 A. No, sir ; I did not relieve the brigade ; I said to 
 General Howard, " there's a drunken man; there must 
 be whiskey about somewhere, you go and attend to it 
 in person ;" he found more, I suppose ; he can testify 
 about that; he reported to me afterwards that he had 
 relieved Stone's brigade and brought in a fresh one. 
 
 Q. What brigade did he bring in then ? 
 
 A. I do not know. 
 
 Q. He brought in a brigade from Woods' division, 
 15th corps ? 
 
 A. Yes, sir. 
 
100 
 
 Q. You must have met sentinels in the course of the 
 night at Columbia ? 
 
 A. Yes, sir, 
 
 Q. Were they not sentinels acting as a police force ? 
 
 A. The sentinels were outside of the district in which 
 I lived ; there were a great many patrols going about. 
 
 Q. And acting as a sort of police force? 
 
 A. Yes, sir; we always put the first brigade of a 
 division in a town as a provost guard, and they gener- 
 ally took the Court House as the headquarters, and at 
 once established a police, posting a few sentinels — three 
 or four for instance — at the intersection of streets, and 
 so on, around the town, for the purpose of maintaining 
 general order in the place ; we called them a provost 
 guard. 
 
 Q. Stone's brigade, then, acted as the provost guard 
 at Columbia until relieved in consequence of your ob- 
 serving the effects of whiskey? 
 
 A. Yes, sir; by General Howard, who had the gen- 
 eral command; I had the general supervision ; my mind 
 was then up with General Slocum, of course, who was 
 at Alston ; then the rest of Woods' division was 
 brought into town to fight the fire, and I suppose a 
 great many stragglers came into town. 
 
 Q. There may have been 'stragglers in the town ? 
 
 A. Yes, sir ; from the 17th corps. 
 
 Q- But the police force was from Woods' division of 
 the 15th corps, and all reliefs of that force were from 
 the 15th corps ? 
 
 A. Yes, sir; all the troops in Columbia were from the 
 15th corps, save such stragglers as may have strayed 
 in from other commands. 
 
 Q. When you reached Columbia, did you consider it 
 a military necessity to burn it ? 
 
 A. No, sir. 
 
 Q. Was it a military necessity to destroy private 
 property, property outside of arsenals, depots, &c. ? 
 
 A. No ; any property used for hostile purposes ought 
 to have been destroyed and was destroyed ; no private 
 property ought to have been destroyed, except by way 
 of retaliation for the very mean thing they did of 
 
101 
 
 bombarding my sleeping soldiers in their camp the 
 night before. After it was manifest to Wade Hampton 
 that he had not force enough to prevent my occupation 
 of Columbia, some battery was sent down to Granby, 
 opposite our camp, and in the night time, when our 
 men were asleep, they bombarded all night; in conse- 
 quence of this uncalled for attack upon us I did at one 
 time think of destroying Columbia, and publicly avow- 
 ing this as the cause, but, on reflection, T said to Gen- 
 eral Howard : " I will let my order stand as it is;" the 
 order, which was in writing, was to destroy the arse- 
 nals, machine shops, and everything of that kind, but 
 to spare colleges, asylums and private property. 
 
 This was the written order, but at one time, in a 
 moment of resentment, when these people, unjustifi- 
 ably, and, I would almost say, cowardly, opened a bat- 
 tery of two guns, or four guns, across upon our camp 
 when we were asleep ; I was tempted to retaliate ; if I 
 could have gotten hold of those men I would not have 
 spared them, or anything that belonged to them, be- 
 lievinsj it was done by Wade Hampton's orders. 
 
 Q. You think the men were bitter about that ? 
 
 A. I know they were, and I was bitter, too, and for 
 that very reason. 
 
 Q. Were the officers bitter? 
 
 A. They were bitter, too ; we had no love for the 
 place or the people that occupied it. 
 
 Q. If you were commanding a small force, opposing 
 a large advancing force through your country, do you 
 not think it would be justifiable for you to take every 
 step in your power to annoy the advancing force ; in 
 other words cut off stragglers and attack them in every 
 way you possibly can, and run away ? 
 
 A. !No, sir; it is proper to do everything you can to 
 stay the progress of a superior army moving upon the 
 country — proper to do anything which would produce 
 a good result, but anything which provokes, which is 
 pure, wanton mischief — such as murdering instead of 
 capturing stragglers, and killing them when in a state 
 of repose — is not only bad warfare, but very bad 
 policy ; in war you do everything that will produce a 
 
102 
 
 good result; if Wade Hampton had resisted me at the 
 crossing of Broad river until he could not have held 
 out a moment longer, I would have honored him for it, 
 but in firing into my camp at the time he did, and 
 under the circumstances he did, he must have known 
 it was such an act as would exasperate the troops, and 
 was perfectly unjustifiable. 
 
 Q. You do not think it was his duty to attack and 
 kill you wherever he could? 
 
 A. No, sir, not in a cowardly way ; he may oppose 
 my heads of columns, or pick up stragglers, or place 
 obstructions in the way — anything to oppose our 
 crossing over into Columbia ; all that would be right 
 and fair in war, but to fire across into a sleeping 
 camp, with a river intervening, with the foreknowledge 
 that it would only kill a few miserable soldiers, rolled 
 up in their blankets asleep, was inexcusable. 
 
 (4. Was the army animated by any bitter feelings in 
 consequence of it? 
 
 A. Yes, sir; I do not think any one expressed that 
 bitterness of feeling more intensely than I did ; I ex- 
 pressed it openly. 
 
 Q. Did your men and officers share in these feelings ? 
 
 A. They did ; I regard Wade Hampton's firing into 
 our camp that night as the basest act I ever heard of; 
 I never knew of any instance in civilized warfare — 
 and it has been my misfortune to be engaged in a great 
 many struggles — I never knew of such a mean act as 
 Wade Hampton was guilty of in firing upon my camp 
 with no possible object in view, and the effect of which 
 he knew would only be to kill a few poor, miserable 
 devils, rolled up in their blankets and asleep in their 
 camps in the night time ; and that firing was kept up 
 all night. 
 
 Q. You had no knowledge that Wade Hampton did 
 it ; you only learned it from general report ? 
 
 A. Wade Hampton was in supreme command ; Beau- 
 regard was in the town, but had left ; Wade Hampton was 
 in the town there ; I hold him responsible for everything 
 that was done in defence of Columbia ; I admired the 
 action of Butler in attacking my column, for that was 
 
103 
 
 legitimate warfare, but what Wade Hampton did 
 showed an utter absence of military skill ; instead of 
 firing into my camp of sleeping men, by which no pos- 
 sible good could be attained he should have undertaken 
 to prevent our crossing at the Broad and Saluda rivers, 
 which were left almost entirely undefended ; fifty men 
 could have held us in check for five days, and perhaps 
 longer, but we met with no resistance at Saluda, and 
 comparatively none at Broad river. I have forgotten 
 the Dame of the little village where the battery was, 
 but it is about three miles below Columbia ; the bat- 
 tery was sent down from Columbia in the night time ; 
 about four miles below we had crossed the Little Con- 
 garee; there we had a pretty sharp fight with Butler, 
 and he did first-rate ; I was near the head of .the column 
 at the time myself; we got the crossing, and everything 
 was clear ahead of us in our march upon Columbia ; after 
 going a little distance I ordered a halt, and we laid by 
 and went into camp ; in the night sometime somebody 
 brought a battery down and fired into our camp. 
 
 Q. You say the army generally — all ranks — were 
 exasperated by this conduct ? 
 
 A. Yes, sir ; very justly so. 
 
 Q. Do you think the spirit of vengeance and desire 
 for retaliation of which you have spoken were modified 
 by this act ? 
 
 A. On the contrary, it was very much increased by 
 it. 
 
 Q. The desire for retaliation in all ranks was very 
 much increased? 
 
 A. Yes, sir. 
 
 Q. Did you fear the burning of Columbia by your 
 army? 
 
 A. I did. 
 
 Q. Previous to your entry ? 
 
 A. Yes, sir. 
 
 Q. You thought it more than probable that, exas- 
 perated by the acts you have stated, they would re- 
 taliate by burning the city ? 
 
 A. I was, and wanted to avoid it. 
 
 Q. You have given us your suppositions in regard to 
 
104 
 
 the origin of this fire; although you personally may 
 not have ordered the burning of the city, would it sur- 
 prise you if it could be proved to you that your army 
 actually did it ? 
 
 A. It would surprise me very much, indeed, if any 
 oflScer, Howard, Logan, Woods, or any commissioned 
 officer, was privy to the setting fire to any house in 
 Columbia that night, but it would not surprise me if 
 some vagabond did it without orders, and merely for 
 deviltry; it would not surprise me if some of our escap- 
 ed prisoners, or some of our own soldiers, aided in 
 spreading the flames ; I would be perfectly prepared to 
 believe it if the evidence was spread before me that 
 some one or more of our soldiers — because in an army 
 of that size we had men capable of doing anything — 
 might have ^-ssisted in the work of destruction ; that 
 it was concealed by their fellows: but, that any of my 
 officers had a hand in it, either directly or indirectly, 
 I do not, and will not, believe. 
 
 Q. If I were to submit to you now the testimony of 
 some individuals in South Carolina, whose integrity 
 you have no doubt of, that they witnessed the firing by 
 Federal soldiers in the presence of officers ? 
 
 A. Well, they would have to state the names of the 
 officers, and if the officers denied it, I would accept 
 their denial rather than any evidence of people in 
 South Carolina; if the officers present were mentioned 
 by name, or anything by which we could trace them 
 down — say the officer of the guard at a certain point 
 — then I would believe it; I would not, upon the mere 
 say so, or even the oath of any person in Columbia 
 that night, when he would state that he saw a fire kin- 
 dled in a house, or in a shed, whereby it spread to the 
 adjoining property, I would not believe it, unless it were 
 confirmed by some of my own people. 
 
 Q. You have lived in South Carolina, have you not? 
 
 A. I was stationed there from 1841 to 1846. 
 
 Q. And know many of the people ? 
 
 A. Yes, sir; I know a great many in Charleston : I 
 was never in Columbia until I went on that journey. 
 
 Q. Aside from their political diff'erences with your- 
 
105 
 
 self, do you not believe them as a race — the upper 
 classes, I mean — to be men of great integrity? 
 
 A. They are men of great honor and integrity ; they 
 are a very fine set of men. . 
 
 Q. They carry it to an extreme ? 
 
 A. They carry it to a nice extreme. 
 
 Q. Their chivalric notions are too extreme for the 
 present age ? 
 
 A. Yes, sir, entirely, and for common sense, too; I 
 can give you an illustration of that : Mr. James Simmons, 
 of Charleston, a gentleman in all respects, is a particu- 
 lar friend of mine ; it was his brother whose house I 
 bad endeavored to protect that night, and to whose 
 family I gave my own house, bed, and everything that 
 was needed to make comfortable ; as I was about leav- 
 ing, I got out of our mess stores a tierce of rice and a 
 barrel of hams ; I divided the stores into two equal 
 parts; one part I gave to Mrs. Simmons, and the other 
 part to my friend (Mr. Walker's) namesake, I think she 
 is ; her maiden name being Poyas, 
 
 I said to them; "Now you are going to have hard 
 times ; these came from my own personal stores, and I 
 propose leaving them for your use ;" Simmons hesitat- 
 ed about receiving them, stating that he did not know 
 but what it would be wrong, he being a South Caro- 
 linian, to accept a favor from an enemy ; I said I 
 thought he was a d — — d fool ; that I didn't care if he 
 did starve ; that I didn't give it to him, but to his wife 
 and children." A man who would raise a point of honor 
 at that time and under such circumstances, I thought 
 his ideas of chivalry run a little bej^ond common sense, 
 and yet, at the same time, Mr. Simmons was an educat- 
 ed and a very polished gentleman, and at that very time, 
 I think, in office in the Custom House, in Charleston ; 
 he was a very clever gentleman, indeed, but when he 
 made that point 1 must confess that I was a little pro- 
 voked. 
 
 Q. You think, then, those South Carolinians, as a 
 rule, are entitled to respect ? 
 
 A. To the highest respect. 
 
106 
 
 Q. Did you see any liquors given to your troops by 
 the Confederates. 
 
 A. I did not, but I heard that a man in the drug store 
 gave it out in a dipper, and I spoke to the mayor 
 about it and asked him if he knew of any liquor in 
 town, that I had seen one drunken man in the street; 
 he told me there had been some left, and he had re- 
 monstrated with Hampton and Beauregard about leav- 
 ing it in town to fall into our hands ; they said they 
 could not destroy it, because they might be held person- 
 ally liable for its value afterwards ; I asked him if he 
 didn't know what an effect liquor has in a town like 
 Columbia, and he said " General, I know it very well, 
 and I remonstrated with Wade Hampton and Beaure- 
 gard, and they answered they could not destroy this 
 liquor without incurring personal liability ; " it was 
 some liquor in that very drug store, I think. 
 
 Q. Can you tell me why these rockets were sent up 
 just prior to the breaking out of the fires? 
 
 A. To indicate the head of the column, 
 
 Q. Do you know that ? 
 
 A. Yes, sir ; I heard afterwards that some rockets 
 had been discovered in some store, and that the sol- 
 diers fired them off; of that I know nothing at all, 
 but I supplied the troops with rockets before leaving 
 Atlanta, and at night the head of the column would 
 indicate its position by sending rockets up. 
 
 Q. Do you not believe that your army during that 
 night was under a state of perfect discipline and could 
 have been controlled ? 
 
 A. JSTo, sir; not in that strict sense; you cannot 
 control a body of men when you have got them dis- 
 persed to fight a fire. 
 
 Q. But you could have summoned them ? 
 
 A. Yes, sir ; I could have ordered the long roll, and 
 they would have taken their ranks, and then the fire 
 would have gone on ; when men are dispersed fighting 
 "fire there can be no strict discipline. 
 
 Q. Were they dispersed before the breaking out of 
 the fire? 
 
107 
 
 A. Oh, yes, sir; when you disperse an army you lose 
 the control of it, because you cannot give them orders 
 through and by their captains and lieutenants; dispers- 
 ing an army to fight a fire, you at once lose control of 
 it. 
 
 Q. Were not the men dispersed before the fire broke 
 out? 
 
 A. Oh, yes, sir ; they were dispersed. You see, you 
 stack arms and post your guards, and the moment the 
 guards are posted, men may stroll around the street 
 within the sound of the bugle or drum. 
 
 Q. You allowed the 15th corps, then, to walk the 
 streets of Columbia? 
 
 A. I did not allow anything about it ; I gave no or- 
 ders about it. 
 
 Q. Your oflScers permitted it ? 
 
 A. They did, of course. 
 
 Q. The 15th corps? 
 
 A. That is, one division of it. You see, there were 
 about three divisions in that corps ; one division of 
 that 15th corps was allowed the general privilege of 
 walking the streets, when not on duty and when not 
 under arms; a large proportion — I suppose about one- 
 third, that was the usual proportion — were stationed 
 all round town, with arms in their hands; when not 
 armed, and guards were all posted, then the men could 
 go around town. 
 
 Q. I understood you to say that, knowing the char- 
 acter of the 15th corps, knowing its desire to burn 
 Columbia, you yet sufi'ered your officers — 
 
 A. I do not think I said I knew of any desire on 
 their part to burn Columbia; I knew they had a deep- 
 seated feeling of hostility to Columbia, but I do not 
 think I said they had a desire to burn it. 
 
 Q. You testified, a little while ago, that it was very 
 likely they might burn Columbia, and you permitted 
 them, or your officers did — permitted them to go about 
 the town ? 
 
 A. I could have had them stay in the ranks, but I 
 would not have done it, under the circumstances, to 
 save Columbia. 
 
108 
 
 Q. Although you knew they were likely to burn 
 Columbia, you would not restrain them to their ranks, 
 even to save it ? 
 
 A. No, sir ; I would not have done such a harshness 
 to my soldiers to save the whole town; they were men, 
 and I was not going to treat them like slaves ; when 
 the guards were posted, they were free to come and 
 go, according to the rules of their respective brigades. 
 
 Q. Do you consider that the women and children, 
 and foreign subjects resident in Columbia, were respon- 
 sible for Wade Hampton's firing into your camp ? 
 
 A. Of course not. 
 
 Q. On your line of march from Beaufort to Colum- 
 bia, was there not a large destruction of private resi- 
 dences? 
 
 A. It was a very poor country, poor land, and there 
 was very little private property there ; I saw very lit- 
 tle property destroyed. 
 
 Q. Don't you know that there was a large amount 
 destroyed ? 
 
 A. No, sir ; I do not know, because I was at the head 
 of the column, and none was done there ; the men and 
 negroes behind with the trains, as a rule, do more mis- 
 chief than the heads of columns, so that individually I 
 know very little of the destruction done in South Caro- 
 lina ; all I know is, that it was a very poor country, 
 and there were very mean houses along the line. 
 
 Q. Did you enter Winnsboro' ? 
 
 A. I did ; General Slocum can bear testimony that 
 the rebels fired that town before we got into it ; his 
 column entered it first. 
 
 (Objected to by Mr. Walker.) 
 
 I passed into the town and then turned and slept out 
 in the field myself; I did not go into the houses. 
 
 Q. You know nothing, then, of your own knowledge, 
 concerning the destruction of any property in Winns- 
 bor6' ? 
 
 A. No, sir ; the orders to burn cotton, however, were 
 still in existence. 
 
109 
 
 Q. Any soldier setting fire to cotton could be re- 
 garded as acting in accordance with the general order? 
 
 A. No soldier could burn cotton of bis own volition. 
 
 Q. If cotton had been destroyed within the vicinity 
 of Winnboro' by any party under the command of an 
 officer, it would have been right under the authority 
 of the United States ? 
 
 A. Yes, sir. 
 
 Q. Do you know anything about Camden, South 
 Carolina ? 
 
 A. 'No, sir ; I did not go there ; Corse's division, 17th 
 corps, 1 think it was, that went there. 
 
 Q. If cotton had been destroyed in Camden, South 
 Carolina, would it not have been under the authority 
 of the United States? 
 
 A. Yes, sir. 
 
 Q. "While on that march, I mean ? 
 
 A. Certainly. 
 
 Q. If property had been destroyed at Cheraw, would 
 it not ? 
 
 A. Yes, sir; we destroyed an arsenal and found a 
 great deal of ammunition that had been sent up there 
 from Charleston ; by the way, we lost some men there 
 by the explosion of powder. 
 
 Q. I understand you, then, if the United States sol- 
 diers, under an officer, seized or destroyed cotton on 
 the line of this march, if the Commissioners should 
 decide that it was not an act of war, the United States 
 Government are responsible for it ? 
 
 A. I will assume the responsibility of it and the 
 United States can do what they please about it ; I am 
 not the United States by a great deal. 
 
 Q. Did you authorize the burning of cotton on the 
 18th of February, in Columbia ? 
 
 A. No, sir ; it was already burnt ? 
 
 Q. No; I beg to differ with you on that point ? 
 
 A. It was either all burnt or burning; there was no 
 necessity for giving any orders; I gave no orders for 
 burning cotton down there. 
 
 Q. If cotton had been found in Columbia and they 
 had burnt it, they would have done exactly right ? 
 
no 
 
 A. Yes, sir; I would have assumed the responsibility. 
 By Mr. Wells : 
 
 Q. Before, or at the time you commenced your march 
 inland from Beaufort, you had given general orders for 
 the burning and destruction of all cotton on your line 
 of march wherever found in public or private buildings ? 
 
 A. No such orders were given ? 
 
 Q. What were your orders ? 
 
 A. My orders I delegated to corps commanders ; the 
 orders communicated to the army are dated, " Head- 
 quarters, Military division of the Mississippi, in the 
 field, Kingston, Ga., November, 9, 1864. Special Orders, 
 No. 120." 
 
 That order provides for the organization of the army 
 into two wings, right and left. 
 
 Paragraphs lY, Y, and YI of the order cover, I sup- 
 pose, all the points of your inquiry, and I will just read 
 such, and make them a part of my testimony. 
 
 The witness then read, as follows : 
 
 lY. "The army will forage liberally on the country 
 during the march ; to this end each brigade commander 
 will organize a good and sufficient foraging party, un- 
 der the command of one or more discreet officers, who 
 will gather, near the route travelled, corn or forage of 
 any kind, meat of any kind, vegetables, cornmeal, or 
 whatever is needed by the command, aiming at all 
 times to keep in the wagons at least ten days' provisions 
 for the command, and three days' forage ; soldiers must 
 not enter the dwellings of the inhabitants, or commit 
 any trespass, but during a halt, or a camp, they may be 
 permitted to gather turnips, potatoes, and other vege- 
 tables, and to drive in stock in sight of their camp ; to 
 regular foraging parties must be entrusted the gather- 
 ing of provision and forage at any distance from the 
 road travelled." 
 
 Y. " To army corps commanders alone is entrusted 
 the power to destroy mills, houses, cotton-gins, &c. ; and 
 for them this general principle is laid down ; in districts 
 
Ill 
 
 and neighborhoods where the army is unmolested, no 
 destruction of such property should bo permitted ; but 
 should guerillas or bushwhackers molest our march, 
 or should the inhabitants burn bridges, obstruct roads, 
 or otherwise manifest local hostility, then army com- 
 manders should order and enforce a devastation more 
 or less relentless, according to the measure of such 
 hostility." 
 
 YI. ''As for horses, mules, wagons, &c., belonging to 
 the inhabitants, the cavalry and artillery may appro- 
 priate freely and without limits; discriminating, how- 
 ever, between the rich, who are usually hostile, and 
 the poor or industrious, usually neutral or friendly. 
 Foraging parties may also take mules, or horses, to re- 
 place the jaded animals of their trains, or to serve as 
 pack mules for the regiments or brigades. In all forag- 
 ing, of whatever kind, the parties engaged will refrain 
 from abusive or threatening language, and may, where 
 the officer in command thinks proper, give written cer- 
 tificates of the facts, but no receipts; and they will en- 
 deavor to leave with each family a reasonable portion 
 for their maintenance." 
 
 There were no positive orders for the burning of cot- 
 ton, but we regarded it usually as the means which 
 enabled the Confederate Government to keep up the 
 war; therefore, we regarded it as a thing to be de- 
 stroyed, and, generally speaking, it was so destroyed. 
 
 By Mr. Walker : 
 
 Q. The practical working of the campaign, then, was 
 the entire destruction of all cotton along the line of 
 march ? 
 
 A. We never went out of the way to search for it ; 
 whenever we encountered it we destroyed it; there 
 were a great many exceptions, where personal appeals 
 were made to me and other corps commanders, and the 
 cotton was spared ; there was always some good reason 
 for so doing ; I remember in Milledgeville, telling Gen- 
 eral Slocum, who commanded the place, that he might 
 
112 
 
 exercise discretioD, and he did spare the cotton, and 
 spared some mills. 
 
 Q. You were aware, 1 presume of the destruction of 
 cotton as you advanced, and you issued no order to 
 restrain ? 
 
 A. I left it to the army commanders. 
 
 Q. To your personal knowledge, there was no pun- 
 ishment meted out or orders issued by commanders 
 restraining the destruction of cotton ? 
 
 A. No, sir. 
 
 Q. And you considered it a meritorious work on the 
 part of the army, and a decidedly advantageous work 
 to the progress of the campaign, and to the advance- 
 ment of the interests of the United States Government 
 in the suppression of the rebellion to destroy this cot- 
 ton? 
 
 A. Yes, sir: I looked upon it as a very obnoxious 
 thing — as a thing which had prolonged the war — and, 
 therefore, ought to be destroyed ; it furnished the enemy 
 with the sinews of war, namely, money ; there was a 
 party of Englishmen and other foreigners scattered 
 through the country, were buying this cotton, and 
 paying for it in bills of exchange on London and other 
 places, which could be easily converted into powder, 
 and into shot, and into arms, which were run in by a 
 system of blockade-runners, that eluded our blockading 
 fleets. 
 
 Q. At the time of the fall of Columbia, were not the 
 ports of Savannah, Charleston, Wilmington — in fact, all 
 the leading ports of entry in the Southern States — 
 absolutely sealed to blockade-runners ? 
 
 A. They were not; Savannah was, but Charleston 
 and Wilmington were not. 
 
 Q. Were not Charleston and Wilmington practically 
 sealed ? 
 
 A. They were not. 
 
 Q, In your direct examination you have testified 
 that in your march from Beaufort it was your purpose 
 to cut off the railroad at Midway and at Blackville, 
 and that you effectually did so ? 
 
 A. We did that effectually. 
 
113 
 
 Q. That action severed communication between the 
 interior and Charleston ? 
 
 A. No, sir, between Augusta and Charleston ; Charles- 
 ton had still other means — one going to Columbia, 
 which passed east of the Edisto, and the road which 
 branched off, and went up by way of Florence ; there 
 were two roads other than this road that I cut at 
 Blackville. 
 
 Q. You say that you considered it a matter of neces- 
 sity to destroy the cotton because it destroyed the 
 sinews of war; didn't the destruction of this net-work 
 of railroads in the interior practically prevent the 
 shipment to the sea coast of all this cotton stored in 
 the interior? 
 
 A. No, sir, they could haul it to the end of the rail- 
 road at the point where we let it remain. 
 
 Q Do you not believe that the commissioned offcers 
 of the army understood that this destruction of cotton 
 was approved at headquarters, and that they acted 
 and may have acted at Columbia upon that general 
 understanding? 
 
 A. Yes, sir ; they may have acted under that general 
 understanding in Columbia. 
 
 Q. And there were, for instance, captains with the 
 detachments from their companies, lieutenants, and 
 other commissioned officers who had been accustomed 
 to the destruction of property, who, under the general 
 recognition of the right of destruction as a part of the 
 campaign, might have acted on the night of the 17th 
 under that general feeling, and under that 
 
 A. Not inside of Columbia, because there was a dis- 
 tinct command with the commanding officer desig- 
 nated ; captains and lieutenants could not have had the 
 command inside of Columbia ; no lawful destruction 
 could have taken place without the approval of the 
 commanding officer of the place, General Woods; a 
 commanding officer of a detachment sent away from 
 the main body, who has nobody in his presence or near 
 him superior to himself, necessarily acts upon his own 
 authority, but if a superior officer is near him he is 
 obliged to have his orders. 
 10 
 
114 
 
 Q. If a detachment under the command of an officer 
 were to approach a building, and the officer in com- 
 mand fire the cotton, would it not be presumed that 
 the officer was acting under authority ? that is, if the 
 officer should ride up, and, in a formal, official manner, 
 order his men to burn the cotton ? 
 
 A. If he is an officer in charge of the party and that 
 is a detachment from the main body, yes. 
 
 Q. I mean inside Columbia ; if an officer had rode up 
 to the store-house with a detachment of twelve men 
 and said, "Set fire to that cotton," it is to be presumed 
 that the officer had authority, isn't it? 
 
 A. Oh, nothing of that kind occurred, because the 
 cotton would have to be rolled out and burned. 
 
 Q. He might have ordered it rolled out and burned ? 
 
 A. Yes, sir. 
 
 Q. That is what was done ? 
 
 A. He had a right to do that. 
 
 By Mr. Wells: 
 
 Q. How large a force did you throw into Columbia ? 
 
 A. I suppose the 15th corps, then, mustered about 
 15,000 men. 
 
 Q. For what purpose did you throw so large a body 
 of men in there, knowing this hostile feeling that 
 existed ? 
 
 A. Because of the road leading through it — the road 
 leading out towards Camden ; when you go through a 
 town you go through, and camp the men outside. 
 
 Q. Camden was not in the plan of the campaign for 
 this division ? 
 
 A. No, sir ; but you see Wade Hampton retreated 
 on that road, and we followed him ; he retreated in 
 that direction ; then, again, of course the troops on the 
 outside of the town covered it from river to river — the 
 17th corps at the northeast and the other at the south- 
 east. 
 
 Q. How do you account for the fire from that burn- 
 ing cotton in the streets at 11 o'clock in the forenoon 
 remaining smothered and with a high wind blowing, as 
 
115 
 
 you have testified to, for so many hours and not causing 
 any destruction until after nightfall? 
 
 A. The motive we had in extinguishing the fire in 
 that particular pile of cotton was to enable the trains 
 belonging to the 15th corps, which had to go by that 
 road, to pass in comparative safety; as soon as the 
 train had passed and gone on to camp the fire was 
 allowed to burn; we had no further interest in pro- 
 tecting it. 
 
 Q. In other words, knowing the existence of this 
 high wind, and knowing the disastrous effects which 
 would result from a fire, you had no interest in pro- 
 tecting this cotton — extinguishing the fire in the bales, 
 and thus preventing the destruction of the city? 
 
 A. We had no reason to apprehend the large fire 
 that subsequently broke out ; 1 said we had no interest 
 in protecting this particular cotton ; it was pretty well 
 burned down — burned down into a smouldering pile ; I 
 did not give it any personal attention ; I do not think I 
 looked back ; I walked through the town a great deal 
 that afternoon, but I do not think I went back to that 
 burning district ; there were so many rowdies down 
 there, so many negroes and others hollooing and yell- 
 ing that I did not care to mingle with them, and did 
 not ; I remember walking about in the suburbs ; I did 
 not go to that point again. 
 
 Q. If a detachment of soldiers, under commissioned 
 officers, such as Captains, Lieutenants, and other com- 
 missioned officers, had been discovered burning cotton 
 in warehouses in Columbia on that night, woijld they 
 have been punished ? 
 
 A. Yes, sir ; if a Captain or Lieutenant had, on under- 
 taking the destruction of cotton, burnt it inside of a 
 dwelling, it would have been considered a very foolish 
 piece of behavior ; I can hardly conceive of such a 
 case, because cotton is usually rolled out into the street 
 and burnt there. 
 
 Q. But inside of a warehouse? 
 
 A. I suppose there would be no objection to burning 
 cotton inside of one of those large yards, but of course 
 not in a shed or inflammable building. But the work- 
 
116 
 
 ing parties were not engaged then ; we did our work of 
 destruction in Columbia in broad daylight, and not at 
 night. 
 
 Q. Hadn't the motive for the destruction of cotton 
 in the progress of the war, for the overcoming of the 
 rebellion, been in a considerable degree exhausted by 
 the time you had reached Columbia? 
 
 A. Oh, no, not by any means ; it was then on its death 
 struggle. 
 
 Q. Do you know whether there had been any grave 
 doubts on the part of your corps commanders with 
 reference to the impropriety of the continuous destruc- 
 tion of cotton and similar property ? 
 
 A. If they entertained any such, they never mani- 
 fested it to me by word or deed. 
 
 [Counsel for the United States objects to this line of 
 inquiry, because General Sherman, the Commander-in- 
 Chief of the army that marched through South Caro- 
 lina, was sole judge of what it was proper and right to 
 destroy ; his officers were bound to obey his orders.] 
 
 [Mr. Wells desires to have it stated in reply, that the 
 witness was not Commander-in-Chief of the armies, the 
 President of the United States being such, and that he 
 was subject to the orders of his superior.] 
 
 By Mr. Walker ; 
 
 Q. The 15th corps were noted for their ability to 
 twist railroad iron, were they not? 
 
 A. Yery well trained in it. 
 
 Q. AJPter they had undertaken the twisting of railroad 
 iron, it was not worth much ? 
 
 A. Except for old iron ; it was not fit for railroads 
 any more. 
 
 Q. Did you have control of all connection between 
 Columbia and Charleston at the time of your entrance 
 into Columbia? 
 
 A. I think the Charleston road goes to Branchville, 
 and then up to Orangeburg; when we went into Colum- 
 bia, we controlled roads leading back from Columbia 
 into Charleston. 
 
117 
 
 Q. All local roads ? 
 
 A. Not local roads, but railroads. 
 
 Q. You were in command of Savannah, were you 
 not? 
 
 A. Yes, sir. 
 
 Q. You say, that when you started from Beaufort 
 you did not expect to attack Charleston ? 
 
 A. No, sir; I did not. 
 
 Q. You considered it probable that Charleston would 
 be evacuated? 
 
 A. I considered if it was not, I would capture the 
 whole garrison ; but I thought Hardee was too smart 
 to allow me to do that. 
 
 Q. When you reached Columbia, you were sure 
 Charleston was a dead cock in the pit? 
 
 A. Yes, sir ; " played out," as the soldiers used to 
 say. 
 
 Q. You considered Charleston yours? 
 
 A. Yes, sir. 
 
 (Testimony as to matters outside of Columbia.) 
 
 Q. W"hen you left Columbia, you placed your army 
 between Columbia and Wilmington ? 
 
 A. Yes, sir. 
 
 Q. Therefore parties in Columbia could not commu- 
 nicate with Wilmington ? 
 
 A. They could have communicated by courier ; that 
 is all. 
 
 Q. What I mean to say is, that large transportation 
 wagons could not have travelled between Columbia 
 and Wilmington ? 
 
 A. Oh, no, sir. 
 
 Q. I understood you to say that you considered 
 Wilmington as pretty much in the same box as Charles- 
 ton ? 
 
 A. I considered it would become so as soon as 1 
 could cross Cape Fear Eiver at Fayetteville. 
 
 Q. Had you any doubt about crossing Cape Fear 
 river ? 
 
 A. Not a particle. 
 
118 
 
 Q. You are confident, as I understand you, that Sa- 
 vannah, Charleston, Beaufort, Georgetown and Wil- 
 mington, were in your hands? 
 
 A. Would come into my hands before I was done 
 with them ; I took them in the rear. 
 
 Q. You say also that at the time you reached Co- 
 lumbia you knew that Savannah, Beaufort and Charles- 
 ton were practically in your hands, and that communi- 
 cation between Columbia and Wilmington was cut off 
 by your army intervening it ? 
 
 A. Savannah and Beaufort were in my possession ; 
 Charleston was not, nor was Wilmington, when we 
 entered Columbia, but I considered the steps I was then 
 taking would certainly result in the capture of both 
 Charleston and Wilmington. 
 
 Q. Did you not consider when you reached Columbia 
 that Charleston was practically dead ? 
 
 A. Yes, sir; so far as any army could make it so. 
 
 Q. Did you station any garrison along your march ? 
 
 A, Not one ; I did not leave a wounded man on the 
 road ; I took every man right along. 
 
 Q. Is there any other port than those you have enu- 
 merated with which Columbia could have communica- 
 ted? 
 
 A. Bull's Bay and Georgetown were open at the 
 mouth of the Santee. 
 
 Q. Do you not know that Bull's Bay is a large open 
 space, where your fleet could have gone in at any 
 time unprotected, and that no large amount of cotton 
 could have been shipped therefrom? 
 
 A. We could have gone into Bull's Bay at that time 
 if we had chosen, and to Georgetown, too, I suppose; 
 we could have taken them if we had seen proper to 
 spend time enough. 
 
 Q. I am not talking about taking them, but you could 
 have sailed in and taken a large number of vessels ? 
 
 A. Yes, sir; Wilmington, I suppose, was the most 
 important point for the blockade runners ; one blockade- 
 runner came into Savannah after we got possession ; 
 the fellow woke up and saw our flag, and did not know 
 what to make of it. 
 
119 
 
 Q. Just describe the state of the railroads that yoa 
 met with in South Carolina; were there many? 
 
 A. The roads there are well defined; the road from 
 Charleston to Augusta, where it comes to Branchville, 
 branches off up to Columbia, and up to Augusta, and, 
 at another point it branches off 
 
 Q. Let me limit my question. There was one road 
 that passed along the Congaree and Broad rivers which 
 went up to Alston, and did not go any further ; that is, 
 only a few miles above Columbia; I think, 12 or 18 
 miles to the northwest, right up the valley of the Broad 
 river; the other one is east of the town, and goes to 
 Charlotte and up to 
 
 A. We followed that road to Gwinnsboro*; in fact, we 
 followed it up to a place called "Chester;" that is, some 
 of my infantry went to Chester, but I turned the head 
 of my column to the right, and went to Rocky Mount 
 — to that river east; I forget the name of it; it is about 
 50 or 60 miles above Columbia. 
 
 Q. Did your 15th corps twist the rails? 
 
 A. Yes, sir; all the way up to Winnsboro'; then I 
 turned off to the right. 
 
 Q. That road, then, was pretty well twisted? 
 
 A. Yes, sir. 
 
 Q. Now, take the only other road that I know of at 
 that time from Columbia to Charleston? 
 
 A. That was on the big road; we only destroyed 
 that from Orangeburg up to where it crossed the San- 
 tee ; I suppose within about 12 or 18 miles; that is, 
 between Orangeburg and the crossing of the river ; I 
 think it was the San tee; one branch of it was the Con- 
 garee. 
 
 Q. You know no other road out of Columbia ? 
 
 A. None excepting those two, one to Charlotte, and 
 one goes up the river to Alston, I believe. 
 
 Q, Were not those roads practically closed when Co- 
 lumbia passed into your hands. 
 
 A. Yes, sir; practically closed when I left Columbia. 
 
120 
 
 Ee-direct by Mr. "Worthington : 
 
 Q. On the 17th and 18th of February, 1865, who was 
 empowered to order the destruction of cotton, or other 
 property in Columbia. 
 
 A. First myself, and next the commanders of the 
 two wings, Howard and Slocum ; next the commanders 
 of the four corps; then the commanding officer of any 
 detachment sent out from the main body, to whom was 
 committed the destruction of any property from the 
 necessity of the case. 
 
 Q. I meant to limit my question to property in the 
 city of Columbia? 
 
 A. First, myself; then Greneral Howard, General 
 Logan, and General Chas. E. Woods; no one else. 
 
 Q. If soldiers, or subordinate officers without orders 
 from those you have named, destroyed property in Co- 
 lumbia on the night of the 17th February, it was un- 
 authorized ? 
 
 A. Yes, sir; I do not think it was done except by 
 detachments sent out for the purpose with orders. 
 
 Q. You have stated that you now feel a personal 
 responsibility in regard to this matter; did you feel 
 that personal responsibility on the night of the 17th of 
 February, when you first saw on the wall of your room 
 the light of the fire? 
 
 A. I did. 
 
 Q. What efi^ect had it on you then and during the 
 rest of the night? 
 
 A. To do my duty to prevent the extension of that 
 fire, so as not to disturb the families of people living in 
 Columbia, the quiet inhabitants of the place, and to 
 prevent the usual clamor where a city was burnt, as in 
 Pennsylvania. 
 
 W. T. SHBEMAK, General. 
 
 I, James O. Clephane, United States Commissioner 
 for the District of Columbia, do hereby certify, that 
 at the request of Counsel for the United States, I caused 
 the above mentioned Wm. T.Sherman, deponent in the 
 foregoing deposition, to come before meat the time and 
 
 BD-i07 
 
121 
 
 place in the caption mentioned ; that said deponent was 
 by me sworn to tell the truth, the whole truth, and 
 nothing but the truth ; that said deposition was reduc- 
 ed to writing by me, and was carefully read to or by 
 deponent before being signed by him, and deponent 
 then and there, in ray presence, subscribed the same; 
 and I further certify, that I have no interest, direct or 
 indirect, in the claim to which the above deposition 
 relates, and am not the agent or attorney of any person 
 having any interest therein. 
 
 Witness ray hand, at the City of Washington, D. C, 
 this 11th day of December, 1872. 
 
 JAS. O. CLEPHANE. 
 
 Mr. Walker desires to have it noted that the testi- 
 mony taken in Egypt, a printed copy of which has 
 been submitted by the Counsel of the United States, in 
 this case, was not read on the examination, nor referred 
 to in any way for the information of the claimants' attor- 
 neys, beyond the simple statement that it was filed in 
 a certain case, and the handing of a copy to one of the 
 attornej^s, without his having any opportunity to 
 examine it, unless he undertook to do so while the 
 exaraination was progressing. 
 
 JAS. O. CLEPHANE, 
 United States Commissioner. 
 
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