Top
Appointed Major—Judge Advocate—Lieutenant-Colonel—South Mountain—Wounded—Fighting while Down—After Morgan—Battle of Cloyd Mountain—Charge up the Mountain—Enemy's Works Carried by Storm—First Battle of Winchester—Berryville.
Appointed Major—Judge Advocate—Lieutenant-Colonel—South Mountain—Wounded—Fighting while Down—After Morgan—Battle of Cloyd Mountain—Charge up the Mountain—Enemy's Works Carried by Storm—First Battle of Winchester—Berryville.
That a loyal citizen of the antecedents, ardent patriotism, and impulsive nature of Rutherford B. Hayes would enter the army in the war for the Union, was to be looked for as a thing of course. He had been in the habit of obeying every call of duty, and could not therefore disobey when duty called loudest. He regarded the war waged for the supremacy of the constitution and the laws as a just and necessary war, and preferred to go into it if he knew he "was to die or be killed in the course of it." He had been a most earnest advocate of the election of Mr. Lincoln to the Presidency, and had been an anti-slavery man of established convictions long before the candidacy of Fremont for the Presidency. He did not think the Union should be destroyed to make slavery perpetual. He desired to mitigate and finally eradicate that evil. He had prayed for the election of General Harrison for the sake of the country; he had cast his first vote for Henry Clay, his second for General Taylor, and his third for General Scott. But the old Whig party having ceased to be a living organization, he gave his whole heart to the Republican party and its cause,and by political speeches, and in other ways, helped forward the movement in favor of equality of rights and laws. The insult to the flag at Fort Sumter aroused to the intensest pitch the patriotic indignation of a united North. At a great mass-meeting held in Cincinnati, R. B. Hayes was selected to give expression to the loyal voice, by being made chairman of the public committee on resolutions. It is not needful to add that these resolutions had all the fire and intensity of the popular feeling. The knowledge that it was his purpose to enter the Union army having reached Governor Dennison, that officer appointed Hayes major of the Twenty-third Ohio Volunteer Infantry, June 7, 1861. With this appointment was coupled the appointments of W. S. Rosecrans as colonel, and Stanley Matthews as lieutenant-colonel of the same regiment. Colonel Rosecrans, with the other field-officers, had just set to work organizing the new regiment, when Rosecrans was appointed brigadier-general, and ordered to take command of the Ohio troops moving in the direction of Western Virginia. Upon the promotion of Rosecrans, Colonel E. P. Scammon, an officer of military education, was placed in command of the Twenty-third.
After a brief period of discipline at Camp Chase the regiment was ordered, on the 25th of July, to Clarksburgh, West Virginia, and on the 29th went into camp at Weston. We shall not follow it in this or in subsequent campaigns, in its marching, scouting, skirmishing, or counter-marching. It is enough to say, that in this first campaign it assisted in clearing thewhole mountainous region of Western Virginia of a formidable enemy.
Major Hayes was appointed by General Rosecrans, on the 19th of September, 1861, judge advocate of the department of Ohio, the duties of which service he discharged about two months. He received his first promotion, to the rank of lieutenant-colonel, October 24, 1861. Passing over less important events, we come to the first serious battle in which he was engaged.
Was fought on Sunday, September 14, 1862, a beautiful, bright September day. The enemy were in possession of the crest of the mountain, where the old National road crossed it. The army of McClellan, with Burnside in advance, were pressing up that mountain by the National road as its center. General Cox's division of Burnside's corps was in advance. The brigade to which Lieutenant-colonel Hayes was attached was in advance of the division. His regiment was in advance of the brigade. He was ordered to pass up a mountain path on the left of the National road and feel for the enemy, advancing until he struck him; to push him up the mountain if he could; in short, to open the engagement. Lieutenant-colonel Hayes pushed into the woods, came upon the enemy's pickets, received their fire, and drove them in. He soon saw a strong force of the enemy coming toward the line of his advance from a neighboring hill, and went to meet them. Hayes charged into that force with a regimental yell, and, after a fierce fight, drove them out of the woods in which he found them, into an open field near the summit. He then drove themacross the field, losing many men and capturing and killing many of the enemy.
Hayes, having just given the command for a third charge, felt a stunning blow, and found that a large musket ball had struck his left arm above the elbow, carrying away and badly fracturing the entire bone. Fearing an artery might be severed, he asked a soldier to bandage his arm above the elbow, and a few minutes after, through exhaustion, he fell. Recovering from a state of unconsciousness while down, in a few moments, and observing that his men had fallen back to the woods for shelter, he sprang to his feet, and, with unusual vehemence, ordered them to come forward, which they did. He continued fighting some time at the head of his men; but falling a second time, from exhausted strength, he kept on giving orders, while down, to fight it out.
Major Comly, the second in command, then came to him to learn the orders under which the regiment was fighting, and deeming it best to assume command, owing to the critical condition of Lieutenant-colonel Hayes, gave orders that the wounded hero should be carried from the field. In an almost illegible narrative, written with the left hand just after the battle, we find this modest record, by the intrepid sufferer in this event: "While I was down I had considerable talk with a wounded Confederate lying near me. I gave him messages for my wife and friends in case I should not get up. We were right jolly and friendly. It was by no means an unpleasant experience."
The enemy in this action continued to pour a most destructive fire of musketry, grape, and canister into the Union ranks. Lieutenant-colonel Hayes again made his appearance on the field with his wound half dressed, and fought until carried off. Soon after, the rest of the brigade coming up, a brilliant bayonet charge up the hill dislodged the enemy and drove him into the woods beyond. The Twenty-third regiment in this engagement lost within eight men of half the entire force engaged.
South Mountain is inscribed on all the standards of this gallant regiment, and surrounds with a sad halo of glory the names of the living and the graves of the dead.
At the time this battle was fought, Lieutenant-Colonel Hayes was not under pay, having been mustered out of the Twenty-third regiment to take command of the Seventy-ninth. His wound preventing him from becoming colonel of the Seventy-ninth, he was, on the 24th of October, 1862, appointed colonel of his own regiment,viceScammon, promoted. It was while at home recovering from his wounds that his wealthy uncle, Sardis Birchard, urged Colonel Hayes, to whom he was devotedly attached, to leave the army, on the ground that he had done his share, promising to himself and family abundant support; but he would not listen to the suggestion, and before his wounds were healed went back.
In July, 1863, while Colonel Hayes, under superior officers and in connection with other forces, was engaged in skirmishing, scouting, and harassing the enemy in Southwestern Virginia, an episode occurred which illustrates his force and decision of characterand energy in action. Happening to ride to Fayetteville, a distance of fifteen miles from camp, to learn the news, he was startled by the telegraph operator with the intelligence that John Morgan was in Ohio, and was at that moment making for Gallipolis to recross the Ohio river. Here was a cry of help from home. His own State invaded, and his own friends and kindred in danger! His decision was instantaneous to go to the rescue. He sent over the wires to his adjutant, then at Charleston, the message: "Are there any steamboats at Charleston?" And being informed there were two, he instantly ordered them to be sent to Luke creek, the highest navigable point on the Kanawha. Colonel Hayes then galloped back to camp, and, after bringing all his powers of persuasion to bear, succeeded in getting permission to take two regiments and a section of artillery, and go in pursuit of Morgan. In thirty minutes after the orders were read to the soldiers, the column was on its march. The road was mountainous, the darkness dense, the route almost impassable, but the Kanawha river was reached at the break of day. The steamers were both in sight, and on these the eager men and the artillery were embarked. By daylight the next morning this timely succor was at Gallipolis. That town was saved from a rebel raid, and the hot pursuit of John Morgan commenced. Warned by spies, he had turned his retreat in the direction of Pomeroy. Hayes re-embarked his force, and steamed up after him. Again disembarking his men, Hayes came in collision with the raider, who retreated after getting a taste of the quality of his adversary. But Morgan being beset on all sides was forced to surrender, and was made a prisonerwith many of his men. Their next raiding was done from the inside to the outside of the walls of the Ohio penitentiary.
In the spring of 1864, General Crook moved with an army of about six thousand men to cut the main lines of communication between Richmond and the great Southwest. In this expedition Colonel Hayes commanded a brigade. General Crook, who is called "Gray Fox" by the warriors of Sitting Bull, is one of the shrewdest generals in the world in the way of tricking an enemy. On this expedition he marched up the Kanawha, and sent his music and one regiment toward the White Sulphur Springs, while his army went the other way. He charged his music to make noise enough for an army of ten thousand. The enemy, who were fortified on the road by which Crook's army was actually to pass, left Fort Breckenridge, and marched off fifty or sixty miles in the direction that Crook's band of music had gone. His army then hurried on, and marched right into the fort without firing a shot. To have taken it without stratagem would have cost much delay and many lives. In the meantime, the enemy hurried back, and, collecting an army under General Jenkins, fortified a position on the crest of Cloyd mountain. The base of the mountain was skirted with a stream of water two or three feet deep, and the approach to it was through a meadow five or six hundred yards wide. The enemy, who were strongly entrenched, opened upon Crook's force so soon as it reached the road that was within rangeof their artillery. It was evident the fortifications could not be carried without very determined fighting. A small force, after making a stout struggle, dropped back repulsed. Crook ordered Colonel Hayes' brigade to cross Cloyd's meadow, charge up the hill, and take the batteries. Hayes formed in the edge of the woods, and marched out with as perfect a line as ever was formed on parade. He moved on, and was soon under fire. The enemy opened heavily, bringing down men along the whole line. A slow double-quick was ordered, the alignments being kept good until the edge of the woods was reached.
The fortifications could not be seen. There was only in sight a woody hill, and below it a stream to cross. Hayes, the brigade following, dashed through the creek to the foot of the last hill, which was so steep that the cannon could not be depressed sufficiently to damage them. After halting for a minute to take breath, the brigade charged, with a terrific yell, up the hill. The instant they passed the curve of the hill, as fearful a fire met them as men are ever called to face. The whole line seemed falling, officers and men going down by scores. But not a man stopped; all who were not hit went on. Hayes shouted to his men to push on to the enemy's works. They were carried by assault, many of the enemy being bayoneted beneath ingenious barricades that they deemed impregnable. The enemy were killed or driven out, and their cannon captured. For ten minutes it was a desperate, give-and-take, rough-and-tumble fight. The artillerymen attempted to reload when the assaulting party was not ten paces distant. The enemy retreated to a second ridge ofthe mountain, and made a determined effort to form a line, but the pursuit was too hot for the effort to be successful. Reinforcements arriving, they endeavored to make a third stand, but were easily driven off in full retreat. Thus ended the battle on the mountain, where the enemy's fort on its summit was carried by storm.
What is known as the first battle of Winchester, fought July 24, 1864, illustrates the pluck and endurance of Hayes under disaster. Here, as in the last battle, he commanded a brigade in a division of General Crook's army, of West Virginia. Two brigades, under Colonel Mulligan and Colonel Hayes, were ordered to go out and meet what was supposed to be a reconnaissance in force of the enemy. Hayes was ordered to join his right on Mulligan's left, and charge with him. They were to attack whatever there was in front. They could see only two skirmish lines in front. Hayes soon saw appearances of the enemy off on the left. Mulligan was informed there were signs of an enemy forward on the right. Indications were correct. The enemy were coming down upon them in overpowering force on both flanks and in front. Mulligan said his orders were to go forward, and he was going forward. Hayes thought it was as well to go forward as to go any other way, as there could be but one result. Soon after charging, the enemy opened a deadly fire with artillery on the left flank, and infantry close in front. In five minutes Colonel Mulligan fell, pierced with five balls. The enemy had double the force in front, and overlapped the right flank a quarter of a mile. This was a betterplace to be out of than in. The lines melted away under the destructive fire. The deafening roar of artillery and musketry prevented all commands from being heard. The Hayes brigade fell slowly back to a hill inaccessible to cavalry. There it formed, and held back the yelling pursuers. At this point Lieutenant-Colonel Comly was wounded. The cavalry, whose failure to furnish information of the presence of the enemy had brought on the disaster, had disappeared from the scene. Colonel Hayes' brigade, which was exposed to the cavalry of the enemy, marched in a half square, fighting steadily in front and on both flanks. Once the brigade was concealed in a belt of woods until the enemy's cavalry came within pistol-shot, when the whole line suddenly rose and poured its fire into their ranks. After that, the pursuit ceased. From morning until midnight, Colonel Hayes, having lost his horse, was fighting and encouraging his men on foot, saving his command from annihilation, and displaying personal bravery of the highest order.
This was one of the fiercest fights of the war. It was between a South Carolina and Mississippi division, under General Kershaw, and six regiments of the Kanawha division.
The occasion of this battle was this: Sheridan sent a body of cavalry to get in the rear of Early's army and cut off his supplies. To do this there were two roads up the pike—one through Winchester and one ten miles east of Winchester. Ten miles east of this place, through Berryville, was the enemy's headquarters, and Sheridan's object was to throw a force past them which would turn and strike them in the rear. In order to protect that body so that it could get back again—not be cut off on its line of retreat—Crook was ordered to take possession of the pike where the road from Winchester crosses it. The enemy, understanding the plan, moved to take possession of the same crossing. They first attacked with a small force, and were driven back. Being reinforced, they drove back in turn the regiments in advance of the Union force. Colonel Hayes had a line a quarter of a mile long sheltered behind a terrace wall, the ground in front being level with the top of the wall. He sat on his horse watching the tumultuous advance of the enemy. The Union advance lines, being driven back in precipitate retreat, ran right over Hayes' brigade. The enemy followed close on their heels. Hayes let them get within two rods, when the whole brigade rose, and with a yell delivered a deadly volley at the enemy's legs. They then jumped upon the terrace and charged bayonet, driving the pursuing enemy back like a flock of sheep. He pushed them to their second or reserve lines, where they rallied at dark, and stubbornly maintained their ground.
Colonel Hayes' brigade went at double quick pace into action, their leader at the head of the column. The Twenty-third and Thirty-sixth Ohio, and the Fifth and Thirteenth Virginia, constituted at this time his brigade. From dark until almost ten o'clock the cannonading was continuous and the fighting terrible. Hayes, although never more exposed to danger, enjoyed the grand illumination and the thrillingexcitement. Both divisions withdrew at the same hour, and the engagement was not the next day renewed. In this short action Colonel Hayes, by his courage and gallantry, added to his popularity as an officer among both officers and men.
Top
Opequan—Morass—First Over—Intrepidity—Official Reports—Assault on Fisher's Hill—Battle of Cedar Creek—Commands a Division—Promoted on Field—His Wounds—A Hundred Days under Fire.
Opequan—Morass—First Over—Intrepidity—Official Reports—Assault on Fisher's Hill—Battle of Cedar Creek—Commands a Division—Promoted on Field—His Wounds—A Hundred Days under Fire.
Sheridan's battle of Winchester, or Opequan, was fought on the 19th of September, 1864. The battle had a bad beginning, but a glorious ending. There were five hours of staring disaster, and five of inspiring victory. Sheridan, in assuming the offensive, in September, was compelled to fight Early in the latter's chosen and particularly advantageous position, at the mouth of a narrow ravine near Winchester.
Concerning the earlier, or disastrous part of the engagement, it is sufficient for our present purpose to say that Sheridan moved all except one corps of his entire army down this gorge, deployed in the valley beyond, fought a bloody fight, and was driven back in confusion along his line of advance. At noon the enemy were rejoicing over the victory, and their friends in Winchester were jubilant. The reserves of Sheridan were sent for. General Crook, in person, brought the reserve corps into action at one o'clock. He made for the enemy's left flank, and pushed direct for a battery on their extreme left. The brigade of Colonel Hayes was in front, supported by ColonelWhite's old brigade. The order was to walk fast, keep silent until within one hundred yards of the guns, and then with a yell charge at full speed. These brigades had passed over a ridge and were just ready to begin the rush, when they came upon a deep morass, forty yards wide, with high banks. The enemy's fire now broke out with fury. Of course the line stopped. To stop was death, to go on was probably the same; but the order was "Forward." Colonel Hayes was the first to plunge in; but his horse, after frantic struggling, mired down hopelessly in the middle of the boggy stream. He sprang off and succeeded in reaching the enemy's side. The next man over was Lieutenant Stearne, adjutant of the Thirty-sixth Ohio.
Shot and shell were falling in the water as they crossed, and were still falling. When Hayes regained the opposite bank he motioned rapidly, with his cap in hand, for his men to come over. Some held back, but many plunged into the bog, and struggled across to their leader. Some sank to their chins while holding their arms and ammunition over their heads. Before fifty men had gotten over, Hayes shouted: "Men, right up the bank," and there were the rebel batteries without any support. So the artillerymen were bayoneted in the act of loading their guns. They never dreamed that any Union force could cross the barrier before them. The batteries were captured, the enemy's position successfully flanked, and his whole force driven back five hundred yards to a second line of defense. Here, strongly posted, he delivered a fearfully destructive fire. The advancing line was brought to a standstill by the storm of grape andballs. Officers in advance were falling faster than others, but all were suffering. Things began to look dark. At the most critical moment, a large body of Sheridan's splendid cavalry, with swords drawn, wound slowly around the right, then at a trot, and finally, with shouts, at a gallop, charged right into the rebel lines. Hayes, now in command of the division, his division commander having fallen, pushed on, and the enemy in utter confusion fled. Crook's command carried the forts which covered the heights, and Hayes led the advance of that command. His division entered Winchester in pursuit of Early far in advance of all other troops. The spirit of Early's brave army was broken. Its loss in this battle was nearly seven thousand men.
The day following the battle of Opequan, Stanton telegraphed Sheridan: "Please accept for yourself and your gallant army the thanks of the President and the department for your great battle and brilliant victory of yesterday." An official report of Colonel Comly, commanding the Twenty-third Ohio, thus refers to Colonel Hayes, division commander: "He is everywhere exposing himself recklessly, as usual. He was the first one over the slough; he has been in advance of the line half the time since; his adjutant-general has been severely wounded; men are dropping all around him; but he rides through it all as if he had a charmed life."
The assault on South Mountain, or Fisher's Hill, occurred on the 22d of September, three days after the battle of Opequan. Sheridan was in hot pursuit of Early, and had followed him up the Shenandoahvalley, overtaking him in position at Fisher's Hill. This is a ridge stretching across the valley where it is only about three miles wide. There is a creek running in front of the ridge. Early had fortified the ridge, and was in strong position. Sheridan was disposed to attack him in front, trusting to the demoralization from the recent defeat for an easy victory.
Crook insisted upon trying to turn their left flank. It was finally determined that it could be done. He was ordered to take Hayes' division, which led the advancing column. Crook and Hayes rode side by side at the head of the men. Pretty soon Crook and every officer, except Hayes, dismounted. The latter had a horse that could go wherever a man could. The command went up mountains, pushed their way through woods, and slid down ravines and gorges. When the enemy's left was supposed to be passed, they turned by the flank and bore down on his rear. Hayes galloped down a ravine, flanked by mountains, until he came right upon the enemy's guns. He rode back, ordered his division to charge with a yell, and the enemy, seized with a panic, fled. The charge was one of great impetuosity, each man trying to reach the entrenchments first. Every gun was captured. The brilliancy of this victory consisted in flanking the enemy from the side of a mountain, where Early said only a crow could go. But Colonel Hayes climbed there on horseback, at the head of his command.
On the 19th of October, 1864, was fought the battle of Cedar creek, so memorable in the annals of war. It wiped out Early and his army. It gave the rebelgeneral Gordon a seat in the United States Senate. It made Sheridan lieutenant-general. It made Colonel Hayes a brigadier-general and Governor of Ohio.
Sheridan, supposing Early's army too much broken by recent defeats to be dangerous, had gone on a visit to Washington, leaving his force in command of General Wright. It was posted near Middletown, in the rear of Cedar creek, and on both sides of the Winchester pike. Ten miles to the westward, beyond the creek, were the enemy's camps. Two things induced Early to risk one more battle—the absence of Sheridan, and his own reinforcement with twelve thousand men. Early left camp on the night of the 18th, and, passing round with his entire army between Massanutten mountain and the north fork of the Shenandoah, forded the Shenandoah at midnight, and noiselessly formed in line of battle in the rear and on the flank of the Union army. The plan of attack was a bold one, and seemed the inspiration of genius. The ford that gave the enemy a crossing, which should have been well guarded by cavalry, was stupidly left exposed. At daylight, while Thoburn's division were sleeping in their camps, Early's onslaught was made. Generals Gordon, Pegram, Kershaw, and Wharton charged with the rebel yell upon the left rear of Crook's entire command. The assault, under the circumstances, was inevitably successful, and the whole Union force was hurled back on the Nineteenth corps and the Kanawha division, commanded by Colonel Hayes. The enemy overlapped both flanks, and pushed forward with irresistible impetuosity. Crook's command had already lost seven pieces of artillery, and was in rapid retreat. The men meeting the enemy's charge, knowing that they were outflanked and the enemy had gotten in their rear, fought desperately, but not hopefully. The whole line was pushed slowly back. Colonel Hayes, on seeing his right breaking up, rode over and with vehemence gave orders to stand firm. But the line melted away, leaving him alone and exposed. A whole volley came aimed at him, filling the air and killing his horse with twenty balls. The horse going at great speed when it fell, threw its rider with great violence to the ground, dislocating an ankle and badly bruising him from the head down. He rose, and though fired at by the pursuing enemy at forty paces, escaped further wounds or capture. Colonel Hayes procured the horse of his orderly, and with great exertion gradually brought his men to a stand. Here they were alternately preparing their breakfasts, and when orders were given, instantaneously forming lines.
At ten o'clock the Union army received a reinforcement more powerful than was the enemy's of twelve thousand men. Sheridan had come, and with him confidence had come. He almost instantaneously inspired a beaten army with his own electric energy and unconquerable hope. "Boys, we must go back to our camps," he said; and they went. The army was recreated into a compact, advancing, aggressive organization. "The whole line will advance," said Sheridan, and it advanced.
The enemy was charged a first and a second time, with infantry in the center and cavalry on the left and right. Custer's cavalry kept swooping down on therebel flank, gathering them in as a sickle gathers grain. The gallant Colonel Hayes, too modest to seek promotion, though long discharging the duties of a major-general, as commander of a veteran division, fought in the center, forcing back the rebel line to Cedar creek. Here it broke in confusion, abandoning seventy pieces of artillery, arms, camps, and transportation. The pursuit ceased not until there was no longer an enemy to pursue. Early this time "stayed whipped." In the Shenandoah valley he ceased to take much interest in subsequent events.
It was on the field of this most complete victory of the war that Sheridan clasped the hand of Hayes and said: "Colonel, from this day forward you will be a brigadier-general." Ten days after the battle the commission came. The gallant Crook presented him with the insignia of his new rank, and he wore them. On March 13, 1865, he was promoted to the rank of brevet major-general "for gallant and distinguished services during the campaign of 1864 in West Virginia, and particularly at the battles of Fisher's Hill and Cedar Creek, Virginia."
General Hayes was wounded four times in battle. From one wound he has never entirely recovered. He was struck by a shell, just below the knee, while on horseback. He did not get off his horse at the time, but remained at the front throughout the battle. The wound now troubles him when ascending stairs. According to the excellent authority of Adjutant-General Hastings, Hayes was under fire sixty days in 1864. He must therefore have been exposed to death on one hundred days during the war.
A soldier who would thus risk life and limb to preserve the Union is perhaps entitled to have something to say concerning the government of it. He who is willing to die for the republic, will see that the republic suffers no harm.
The qualities of General Hayes as a soldier will be reviewed when we come to speak of his characteristics as a civil magistrate and as a man.
Top
Nomination—Refuses to Leave Army—Election Incident—Election—Course in Congress—Services on Library Committee—Votes on Various Questions—Submits Plan of Constitutional Amendments—Re-nominated by Acclamation—Re-elected by Increased Majority—Overwhelmed with Soldiers' Letters—Character as Congressman.
Nomination—Refuses to Leave Army—Election Incident—Election—Course in Congress—Services on Library Committee—Votes on Various Questions—Submits Plan of Constitutional Amendments—Re-nominated by Acclamation—Re-elected by Increased Majority—Overwhelmed with Soldiers' Letters—Character as Congressman.
On the 6th of August, 1864, while General Hayes was absent from Ohio in the field, he was nominated by the Republican Convention of the Second Congressional District of Cincinnati for Congress. This was the result of the spontaneous action of his friends, and was brought about through their agency alone. The nomination was neither sought nor desired. The following extract from a letter written in camp, and bearing date July 30, 1864, makes known the then existing state of the case:
"As to the canvass that occurs, I care nothing at all about it; neither for the nomination nor for the election. It was merely easier to let the thing take its own course than to get up a letter declining to run, and then to explain it to everybody who might choose to bore me about it."
The first information of the nomination for Congress was conveyed to General Hayes through the letter of a friend written the day after the convention met, which information was received on Monday,August 22d, while preparing for battle, and on the same day he did a "good thing" in the way of taking prisoners while charging on the rebel lines. Two days after, with the enemy in front, he wrote this "private" letter on the subject of going home to canvass:
Camp of Sheridan's Army,near Charlestown, Va.,August24, 1864.Friend S.:—Your favor of the 7th came to hand on Monday. It was the first I had heard of the doings of the Second District Convention. My thanks for your attention and assistance in the premises. I cared very little about being a candidate, but having consented to the use of my name I preferred to succeed. Your suggestion about getting a furlough to take the stump was certainly made without reflection. An officer fit for duty who at this crisis would abandon his post to electioneer for a seat in Congress ought to be scalped. You may feel perfectly sure I shall do no such thing. We are, and for two weeks past have been, in the immediate presence of a large rebel army. We have skirmishing and small affairs constantly. I am not posted in the policy deemed wise at headquarters, and can't guess as to the prospects of a general engagement. The condition and spirit of this army are good and improving. I suspect the enemy are sliding around us toward the Potomac. If they cross we shall pretty certainly have a meeting.Sincerely,R. B. HAYES.
Camp of Sheridan's Army,
near Charlestown, Va.,August24, 1864.
Friend S.:—Your favor of the 7th came to hand on Monday. It was the first I had heard of the doings of the Second District Convention. My thanks for your attention and assistance in the premises. I cared very little about being a candidate, but having consented to the use of my name I preferred to succeed. Your suggestion about getting a furlough to take the stump was certainly made without reflection. An officer fit for duty who at this crisis would abandon his post to electioneer for a seat in Congress ought to be scalped. You may feel perfectly sure I shall do no such thing. We are, and for two weeks past have been, in the immediate presence of a large rebel army. We have skirmishing and small affairs constantly. I am not posted in the policy deemed wise at headquarters, and can't guess as to the prospects of a general engagement. The condition and spirit of this army are good and improving. I suspect the enemy are sliding around us toward the Potomac. If they cross we shall pretty certainly have a meeting.
An incident of this canvass caused at the time it occurred intense feeling and indignation. The Democrats were having a large mass meeting in Cincinnati, with an immense procession. Among the banners or transparencies carried in the procession was one large, coarsely-executed affair, representing General Hayes dodging bullets while running from the enemy. As Hayes was at that very moment at the front fighting the enemy, this assault in the rear was not deemed byUnion-loving men to fall within the rules of legitimate political warfare. Some soldiers of the "Old Kanawha" division happening to be at home recovering from wounds, had their indignation aroused to such an uncontrollable pitch that they insisted upon ignominiously trampling down the libelous transparency and its bearer. They had seen General Hayes bare his breast a hundred times to the bullet-storm of battle, and thought they were better judges of what constituted courage than men who stayed at home occupying their time in passing resolutions that the war was a "failure." These old veteran comrades of Hayes were moving in compact line to charge on the procession, when a number of good citizens, in the interest of order and to prevent a riot, had the obnoxious banner removed. It is but just to say that Democrats of the better sort totally disapproved of this public indecency and excuseless outrage.
During the canvass for Congress, and while in the thickest of the bloody fight at Opequan, the soldiers under General Hayes kept crying out: "We will gain a victory to-day, Colonel, and elect you to Congress;" "One more charge, and you go to Congress!" These brave defenders of the Republic well knew the effect of a Union victory upon a pending election. When the soldiers' vote was taken on Tuesday, the 11th of October, not a man in the Twenty-third or Thirty-sixth Ohio regiment voted the Democratic ticket, and but fifty-three voted the Peace ticket in the entire division commanded by General Hayes. The result of his first contest for Congress, or rather candidacy, for there was no contest on his part, was his triumphant election by a majority of two thousand four hundred and fifty-five votes. His competitor was Joseph C. Butler, a banker, capitalist, and most respectable gentleman. Eight days after the election, the battle of Cedar Creek was fought, so that the news of two victories came to the faithful soldier at the same time. Conducting a congressional campaign on the front, rear, and flanks of the enemy, worked well. To Hayes the cause of the Union was such a sacred cause that he could not cease fighting the enemies of that Union so long as there remained an armed enemy to fight.
The war being ended, he took his seat on the first day of the first session of the Thirty-ninth Congress, which assembled December 4, 1865. Among the able or notable men in that Congress were Shellabarger, Bingham, Schenck, Spaulding, and Garfield, from Ohio, and Thad. Stevens, Conkling, Kerr, E. B. Washburne, A. H. Rice, Raymond, Niblack, John A. Griswold, Farnsworth, Orth, Cullom, Dawes, Blaine, Voorhees, and Randall, from other States. The first session was mainly occupied with the question of reconstruction. The central questions during the subsequent sessions were those growing out of the impeachment of President Johnson. General Hayes voted consistently with his party on these two classes of questions. He was the only new member, except one, who was given the chairmanship of a committee, being placed at the head of the joint committee of the House on Library. The other members were Wm. D. Kelley, of Pennsylvania, and Calvin T. Hurlburd, of New York. As chairman of the committee on the Library of the United States, to employ the language of its accomplished librarian, he had "a clear discernment and quick apprehension of all things that needed to bedone;" he "threw his influence in favor of the most liberal and permanent improvement."
During his term of service on the committee, the Library was expanded by the addition of two wings, increasing threefold its space. The "Force Historical Library" was added, to the acquisition of which General Hayes devoted months of zealous labor. It is now one of the most valuable parts of the great Library. He procured in the House the passage of the Senate bill to transfer the Library of the Smithsonian Institution to the Library of Congress. He introduced a joint resolution to extend the privileges of the Library to a larger class of public officers. He reported back and recommended the passage of a copyright bill for securing to the Library copies of all books, pamphlets, maps, etc., published in the United States.
In dealing with the subject of art while on this committee, Hayes showed artistic taste and judgment. He voted to reject works without merit, such as busts and portraits, and favored giving government commissions to real artists of conceded genius and established standing.
One of the first votes of General Hayes in Congress was cast in favor of this resolution:
"That the public debt created during the late rebellion was contracted upon the faith and honor of the nation; that it is sacred and inviolate, and must and ought to be paid, principal and interest; and that any attempt to repudiate or in any manner impair or scale the said debt should be universally discountenanced by the people, and promptly rejected by Congress if proposed."
Early in the session a resolution was introduced "that the committee on appropriations be instructed to bring in a bill increasing the compensation of members of Congress." Mr. Hayes voted for Mr. E. B. Washburne's motion to lay the resolution on the table. This is the whole of his record on the back pay and front pay questions. General Hayes during the session voted for a resolution commending President Johnson for declining to accept presents, and condemning the practice as demoralizing in its tendencies and destructive of public confidence. This vote needs no explanation to enable it to be understood.
He also submitted the following resolution, which was read, considered, and agreed to:
"That the committee on military affairs be instructed to inquire into the expediency of providing by law for punishing by imprisonment or otherwise any person who, as agent or attorney, shall collect from the government money due to officers, soldiers, or sailors, or to their widows or orphans, for services in the army or navy, or for pensions or bounties, and who shall fraudulently convert the same to his own use; and to report by bill or otherwise."
This was timely action aimed to remedy what has since become a gross abuse and most serious evil. Its purpose was to check robbery and secure to soldiers and sailors their own.
In 1865, General Hayes submitted to leading Republicans in Congress, and subsequently to the Republican caucus, these resolutions, which became the basis of the action of the party:
"Resolved, That it is the sense of the caucus that the best if not the only mode of obtaining from theStates lately in rebellion guarantees which will be irreversible is by amendments of the national constitution.
"Resolved, That such amendments to the national constitution as may be deemed necessary ought to be submitted to the house for its action at as early a day as possible, in order to propose them to the several states during the present sessions of their legislatures.
"Resolved, That an amendment, basing representation on voters instead of population, ought to be promptly acted upon, and the judiciary committee is requested to prepare resolutions for that purpose, and submit them to the house as soon as practicable."
When the ratification of the amendments taking their origin from these resolutions became a matter of supreme concern, Mr. Orth and Mr. Cullom, now the Republican candidates for Governor in Indiana and Illinois, in conjunction with Mr. Hayes, drafted the following letter, which was signed by Republican members of Congress and forwarded to Governor Brownlow, of Tennessee:
"The undersigned members of Congress respectfully suggest, that, as Governor of the State of Tennessee, you call a special session of the legislature of your state, for the purpose of ratifying the constitutional amendment submitted by the present Congress to the several states for ratification, believing that upon such ratification this Congress will, during its present session, recognize the present state government of Tennessee and admit the state to representation in both houses of Congress."
The session of the legislature was called, the fourteenth amendment ratified, and the Tennessee members admitted to seats in Congress in July, 1866. This ratification was the one required to render the amendment valid.
In the fall of 1865, General Hayes delivered very earnest political speeches in about twenty counties in Ohio, in advocacy of the election of his military comrade, General Jacob D. Cox, as governor of the state. We find many of these speeches partially reported, and from one delivered in the West end, in Cincinnati, September 28, we take this extract:
"The Democratic plan of reorganization is this: The rebels, having laid down their arms and abandoned their attempt to break up the Union, are now entitled, as a matter of right, to be restored to all the rights, political and civil, which they enjoyed before the rebellion, precisely as if they had remained loyal. They are to vote, to hold office, to bear arms, immediately and unconditionally. There is to be no confiscation and no punishment, either for leaders or followers—no amendment or change of the constitution by way of guaranty against future rebellion—no indemnity for the past, and no security for the future. The Union party objects to this plan, because it wants, before rebels shall again be restored to power, an amendment to the constitution which shall remove all vestiges of slavery, and an amendment which shall equalize representation between the States having a large negro population and the States whose negro population is small."
In August, 1866, General Hayes received the endorsement of a re-nomination to Congress by acclamation. There was no opposing candidate. He entered at once into the canvass. He delivered a speech almostevery afternoon or evening until the day of the election. He frequently spoke outside of his own district, to aid his friends. The questions at issue were the reconstruction measures of Congress and of President Johnson, and the merits of the new constitutional amendments. In a public speech delivered in the Seventeenth Ward, in Cincinnati, September 7, 1866, he discussed at great length the questions of the day. In conclusion he said:
"The Union party is prepared to make great sacrifices in the future, as in the past, for the sake of peace and for the sake of union, but submission to what is wrong can never be the foundation of a real peace or a lasting union. They can have no other sure foundation but the principles of eternal justice. The Union men therefore say to the South: 'We ask nothing but what is right; we will submit to nothing that is wrong.' With undoubting confidence we submit the issue to the candid judgment of the patriotic people of the country, under the guidance of that Providence which has hitherto blessed and preserved the Nation."
"The Union party is prepared to make great sacrifices in the future, as in the past, for the sake of peace and for the sake of union, but submission to what is wrong can never be the foundation of a real peace or a lasting union. They can have no other sure foundation but the principles of eternal justice. The Union men therefore say to the South: 'We ask nothing but what is right; we will submit to nothing that is wrong.' With undoubting confidence we submit the issue to the candid judgment of the patriotic people of the country, under the guidance of that Providence which has hitherto blessed and preserved the Nation."
The canvass was an active and exciting one; but General Hayes was re-elected over a competitor of so high standing as Theodore Cook, by a majority of two thousand five hundred and fifty-six. It is noticeable that while there was a Republican loss of seven hundred in the first district, compared with the vote for Congressmen in 1864, in the second district there was a gain of one hundred over the vote of two years before.
General Hayes took his seat in the Fortieth Congress, which convened March 11, 1867. He was re-appointed chairman of the library committee, withJohn D. Baldwin, of Massachusetts, and J. V. L. Pruyn, of New York, as associate members. General Hayes' three years in Congress were almost continuously employed in exacting labors in looking after the pensions and pay of soldiers, and in making provision for their families. Cincinnati had sent a great many soldiers into the war, and all who had wants sent their petitions to the only representative of Hamilton county who had served in the army. The soldiers of his old division, scattered over the country, sent their applications to him as a sympathizing friend. He had as many as seven hundred cases of this kind on hand at one time. His time was therefore necessarily consumed in running to the departments and in answering soldiers' correspondence. This service of love was of course gratuitously and most cheerfully rendered; but it withdrew him more or less from his duties on the floor of Congress.
He was not consequently a speech-maker in Congress, but a business-doer. His innate good sense taught him that the public business was pushed forward, not by talking much, but by talking little. Like Schurz, who became the intellectual leader of the Senate, like Senator Edmunds and most strong men, he kept silent while new to the business of legislation. He was constantly consulted by the chief men in his party because he possessed that most essential quality in a public man—good judgment. He did no talking for himself, but an immense deal of working for others. Every soldier was his constituent, whether he lived in Maine or Nebraska. He placed self not first, but last.
He had no thought of fame or higher place, butsilently served those that loved him, and to the maimed or needy tried to make the burdens and loads of life lighter. He doubtless thought that "he who lives a great truth is incomparably greater than he who but speaks it."