1865 Civil War Letter Regarding a Murder Charge Appeal to President Lincoln

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Jun 1, 2019

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• Lot Description
  Autographs
  U.S. Senator Preston King Regarding His Murder Charge Appeal to President Lincoln
  PRESTON KING (1806-1865). United States Representative and Senator from New York, considered for Republican Vice-Presidential nomination in 1860, a presidential elector on the Abraham Lincoln ticket in 1864, served as effective White House Chief of Staff for Andrew Johnson.
  January 3, 1865-Dated Civil War Period, Manuscript Letter Signed, "Preston King," former Senator from New York, to Colonel Nelson Green regarding his Attempted Murder Charge Appeal to President Abraham Lincoln, Fine. This Manuscript Letter has 4 pages, measuring 5.75" x 7", at Ogdensburgh (sic), New York. Written by former U.S. Senator Preston King to Colonel Nelson Green, formerly of the 76th NY State Volunteers. Mailing folds, light soiling and spotting to the white wove period paper. In 1861, Colonel Green shot a Captain in his regiment for disobeying an order. Green was subsequently arrested and charged with attempted murder, known as "The Green-McNett Shooting Affair." Here, former U.S. Senator Preston King writes to the War Department to appeal on Col. Green's behalf. This Civil War dated Letter deals with what appears to be a failed appeal to Secretary Stanton and President Lincoln. This Letter reads, in part;
  
  "... in my letters to Mr. Doolittle with whom as an old friend & correspond & occasionally mentioned you with the note that he could aid you..." (It continues), "... he sent me in a letter a communication from the War Department addressed to him stating that your application had been laid before the President who affirmed the action of the War Department and declined to reconsider it." (Preston King suggests that Green's) "... It was my opinion that in your own ernest personal appeal and statements of your case to the President in Person furnishes the best if not only, hope for you."
  
  After a somewhat protracted hearing, Colonel Green was ordered to Washington, and thence to his home in Cortland, N.Y. where he was afterwards, by order of the Secretary of War, dismissed from the service. The controversy growing out of the trial of Colonel Green for a time nearly paralyzed the Regiment, destroying its usefulness. Good men found themselves differing with equally good men, upon the merits and demerits of the prosecution, and skillful tacticians confessed that the only way to harmonize the feeling was a to bring the Regiment into action." A rather lengthy, extensive full description regarding "The Green-McNett Shooting Affair" is also available regarding this lot in our Online Auction description.
  On August 14, 1865, former U.S. Senator Preston King was Appointed by President Andrew Johnson as Collector of the Port of New York. The Appointment was made in an effort to eliminate corruption in the Port of New York and to heal divisions within the Republican Party. Despairing of success, King committed suicide by tying a bag of bullets around his neck and leaping from a ferryboat in New York Harbor on November 13, 1865, and was buried at the City Cemetery in Ogdensburg, NY.
  
  NEW YORK SEVENTY-SIXTH REGIMENT OF INFANTRY.
  
  Cortland Regiment; Cherry Valley Regiment; Otsego County
  
  Regiment; Cromwellian Regiment. By Richard F. Palmer
  
  Colonel Nelson W. Green of Cortland received authority to
  
  recruit a regiment of infantry in Cortland county, and
  
  commenced recruiting September 2, 1861, receiving some men from
  
  the counties of Allegany and Yates. About the same time Gen.
  
  George E. Danforth received authority to recruit a regiment in
  
  the counties of Otsego and Schoharie, with headquarters at
  
  Cherry Valley, to which regiment the 39th Militia furnished a
  
  large number of men. These regiments were moved to Albany, and
  
  being below the minimum number, consolidated into one, the 76th
  
  Regiment, with N. W. Green as Colonel, January 14, 1862.
  
  Captain McNett's company of the Cortland Regiment
  
  was transferred to the 93d Infantry, December 28, 1861. The newly formed regiment was mustered in the service of the United States for three years January 16, 1862.
  
  The Green-McNett Shooting Affair:
  
  In the latter part of November, 1861, Captain McNett secured a leave of absence under the pretense he was going to go to Syracuse to purchase his uniform, and then to Allegany county to procure more men. On his return, Col. Green charged him with having used his leave of absence to go to Albany, where he preferred a series of charges against Green. According to A.P. Smith, the unit's historian, McNett stirred up strife because he expected to be the regiment's major, an appointment that went to Charles E. Livingston.
  
  When McNett returned to Cortland , Col. Green charged him with violating the intent of the leave of absence and ordered him to give up the paper as fraudulently obtained. McNett refused to give up the paper and Green ordered Captain Grover to take it from him. McNett formally resisted, but unbuttoned his coat and Grover took the document from McNett's pocket.
  
  Green then ordered McNett in close arrest in the officers' quarters, with orders he be permitted to communicate with no one, except by permission from the post commandant. A guard was placed over him. This created hard feelings within McNett's company, giving rise to much angry discussion in camp.
  
  On Dec. 6, 1861, Col. Green had been to Captain McNett's company to settle some difficulty and on his return, while riding past the officers' quarters, saw McNett standing in the doorway.
  
  Green ordered him back inside, but McNett refused to obey. According to Green, McNett was standing outside conversing and shaking hands with his men. McNett said he was actually just inside the door and had stepped near the entrance to get some fresh air. Exactly who was telling the truth is not known. One contemporary newspaper account states Green and McNett were personal friends - at least at one time. This seems logical since they both came from the same region of western New York. At the time, Green was 42 and McNett was 39.
  
  The dialogue leading to the shooting went something like this:
  
  Green. - "The prisoner should not leave his quarters. Retire to your quarters."
  
  McNett. - "I shall not, sir."
  
  Green - "Do you refuse to obey my orders, sir?"
  
  McNett . - "I do, such orders."
  
  Green. - (Dismounting and drawing a small Smith & Wesson pistol), "Will you retire to your quarters?"
  
  McNett. - "I will not, sir!"
  
  At this point, Col. Green fired a warning shot over McNett's head, the ball lodging in the roof of the quarters.
  
  Green.- "Retire to your quarters, sir!"
  
  McNett. - (Straightening up), "I will not sir! Shoot me if you dare!'
  
  The colonel then lowered his pistol and fired, the ball striking McNett's chin and lodging in his neck. He immediately turned around and sat down in a chair. Dr. Judson C. Nelson, the surgeon, was called, the wound was dressed. McNett was then taken to the Eagle Tavern in Cortland to recover.
  
  "There is a good deal of excitement over this matter," reported the Syracuse Journal the following day, adding "the public feeling is so strong that nearly all business has been suspended since the unfortunate affair took place. The citizens mostly deprecate the Colonel's conduct, while the officers and men of the regiment unanimously uphold him. It was this morning reported at Cortland that Col. Green expected an attack from the incensed citizens, and had prepared himself therefore, having stationed two cannon so as to command the approaches to the camp, and defied the citizens to take him. This is doubtless an exaggeration, growing out of an application of the sheriff of the county, for the arrest of the Colonel. At noon today, although the public feeling at Cortland was exasperated, there was no fear of any serious disturbance."
  
  The Cortland Gazette & Banner report of Dec. 12, 1861 noted:
  
  "The affair has created a considerable excitement. There are various opinions in regard to the transaction. Some justify Col. Green, in the matter, and think he done right, while others condemn the course he took. Our own opinion is - and we think the right one - that inasmuch as the matter is to undergo a legal investigation, by the proper authorities, the community should wait for the decision of such tribunal. There the facts in the case will be brought under oath, and we have no doubt but that a fair and impartial decision will be rendered.
  
  "If Col. Green has done right, the law will sustain him, and the community should acquiesce in such decision. If on the contrary, Col. Green has done wrong, and violated the laws of the land - either civil or military - the law will condemn him for it, and the people should in like manner acquiesce."
  
  Still another newspaper editor noted "The general impression is in justification of the Colonel, viewing it as a military necessity."
  
  Excitement continued to run high and the governor sent General James Wood, commander of the New York State Militia, to Cortland to ascertain the facts and, for the time being, take command of the regiment. At the time, the officers were quite unanimous in supporting Col. Green. On Dec. 9, General Wood met with the officers and the next day visited the camp to obtain the facts. On Dec. 13, he again met with the officers at the home of Col. Green in Cortland where the matter was fully discussed.
  
  But apparently the evidence incriminated Green more than McNett as on the following day, Green was arrested by the sheriff on a criminal warrant for the shooting, and McNett was released. Green posted bail before the County Judge who put the case on the calendar for the Court of Oyer and Terminer, to be held the following January. He was indicted for assault with intent to kill on a civilian charge, and also faced a military court martial in Albany. For a time it appeared Green's military career would be cut short. The regiment was temporarily put under the command of Capt. J.C. Carmichael.
  
  On Dec. 14th General Wood accompanied Green by train to Albany to confer with Governor Edwin D. Morgan on the matter. They returned to Cortland the following day.
  
  There was no court martial held, and Green was ultimately restored as regimental commander. But the governor decided it was in the best interests of the regiment if Green and McNett were separated. So he transferred McNett and his company to the 93rd Regiment, New York Volunteers, then stationed at Albany, and restored Green as commander of the 76th. Meanwhile, the civilian court case against McNett was left pending until after the war and was not settled until 1866.
  
  McNett went on to become a very distinguished officer, continuing his military career another five years after the Civil War. His highest field grade was brevet brigadier general of volunteers following the Battle of Atlanta.
  
  It was becoming close to the time when the 76th was to leave Cortland. The day before Green left for Albany, the 76th Regiment, under his command, consisting of more than 700 men, marched through the streets of Homer, which must have been an inspiring sight. An eyewitness account published in the Syracuse Journal on June 14, 1861 stated:
  
  "For the first time since 1812 we have seen in our streets a regiment of soldiers, organized for actual service; and every man is ready and almost 'spoiling' for a chance to strike a decisive blow in favor of sustaining our glorious flag, and putting down the unholy rebellion. As the regiment was passing the Barber Block, the order was given to halt, and while directly under a large American flag, suspended from the store of George J.J. Barber, the boys gave three rousing cheers and a tiger for that emblem they are bound to protect. After marching through the main streets of the village, the regiment returned to Camp Campbell."
  
  One of the last acts of kindness on the part the citizenry was a formal presentation of a sword to Captain William Lansing of Truxton, commander of Co. G, at Truxton Presbyterian Church on Dec. 14th. Co. G consisted of men mostly from that community. The sword was presented to Lansing by Stephen Patrick. Details of this event as well as the departure of the 76th on Dec. 18th were published in the Gazette & Banner the following day.
  
  Originally the unit was to leave Cortland on Dec. 17, but these orders got countermanded for some unknown reason. Following the initial announcement, however, people from miles around came to see the men off. So as not to disappoint the assembled multitudes the regiment was formed and marched from Camp Campbell through the principal streets of Cortland where they cheered enthusiastically. Flags were displayed, the ladies waved their handkerchiefs and clapped their hands from the balconies and windows. Men heartily cheered them in the streets. A cannon salute was fired from Court House Hill.
  
  On arriving at the center of Main Street the Regiment was invited into the garden and grounds of William R. Randall where a reception was held and patriotic speeches voiced. Chaplain Richardson sung the war song, "Take Your Gun and Go, John," and the Union version of "Dixie." The regiment then marched back to camp.
  
  The following day the streets began to fill up early. At about 8 a.m. the troops reached the north end of Main Street, enroute to the Syracuse & Binghamton Railroad depot. Each soldier carried his blanket, some a satchel, containing such wearing apparel they were allowed, as well as little tokens of remembrance given to them by their loved ones.
  
  The scene at the depot would not be soon forgotten. "The immense throng could be measured by acres, and numerated by thousands. The enthusiasm was unbounded,' wrote Gazette & Banner Editor Charles P. Cole. He continued:
  
  "Yet grief was depicted upon the countenance of many - In the vast concourse of people, were many who were about to part - perhaps forever - with some one of their kindred." There were the usual tearful goodbyes, embraces and handshaking.
  
  "Farewell soldiers of the Seventy-Sixth," Cole wrote. "Go, and bravely defend your country's flag. Go, with our blessing! and come not back, until you come to announce the rebellion crushed, and the traitors punished."
  
  Internal Problems Continue
  
  Months after the 76th had left Cortland, the regiment continued to experience internal problems, said to have been chiefly created by Col. Green. Apparently not the most affable person, Green had a way of irritating his fellow officers, as did Quartermaster A.P. Smith. These problems are only touched upon by Smith in his regimental history for obvious reasons. Eventually he and Green were dismissed from the service before the 76th saw any action. Some of the problems seem also to have been a carry over from the Green-McNett shooting affair that occurred at Camp Campbell.
  
  The 76th was at Camp DeRussey when matters reached such a boiling point that 28 field, staff and line officers signed a petition asking Green to resign his command, which he refused to do.
  
  They complained that Green was abusive, insolent and ungentlemanly, and frequently had unit officers arrested on trumped-up charges. At one point he had Captain Andrew J. Grover, commander of Company A, arrested and put in the guardhouse. The charges proved false and he was released. Often, Green's sanity was brought into question. He frequently referred to his superiors as "traitors, secessionists and damned fools."
  
  It was also claimed he had made a secret arrangement with the sutler to split the profits of the sale of provisions to the troops. The officers complained:
  
  "So peculiar and unusually often is his conduct and appearance, that after three months' acquaintance with him, we are thoroughly convinced of the unsoundness of his mind; so much so, we dare not trust ourselves under his command, believing that the result would be if called into action, disaster and defeat."
  
  Green failed to command the respect of his men, who laughed at him, mimicked him in his manners, and gave him ludicrous titles. In short, he was an inept commander.
  
  Eventually the case reached a military tribunal in the form of a court of inquiry. Green was not court-martialed, although the case was reviewed by the highest ranking officers in the Army of the Potomac, including General George McClellan. It then went to the Secretary of War. Eventually, the 42-year-old Green was discharged on June 3, 1862 and returned to Cortland, out of the service more than two and a half years short of his three-year enlistment.
  
  Obviously, knowing that this was one of the major sore points of the unit's early history, Smith glossed it over by writing :
  
  "A serious difficulty had arisen in the Regiment, and it was considered by the military authorities to be in an unfit condition to take the field. The officers, with very few exceptions, had preferred charges against Colonel Green, and those charges were being investigated by a military commission then convened in Washington. This placed Lieutenant-Colonel Shaul in command of the Regiment.
  
  After a somewhat protracted hearing, Colonel Green was ordered to Washington, and thence to his home in Cortland, N.Y. where he was afterwards, by order of the Secretary of War, dismissed from the service. The controversy growing out of the trial of Colonel Green for a time nearly paralyzed the Regiment, destroying its usefulness. Good men found themselves differing with equally good men, upon the merits and demerits of the prosecution, and skillful tacticians confessed that the only way to harmonize the feeling was a to bring the Regiment into action."
  
  What Smith does not mention is that before the war, Green had been his law partner, and that he himself had left the unit as much under a cloud of controversy as his friend and commanding officer. Thus the history of the unit after his date of discharge on March 3, 1862 was not from first-hand knowledge but came from the lips of, or through correspondence with, other unit members.
  
  Although Smith claimed he left the service because of "sickness in the family," evidence shows he found himself in an equally uncomfortable position as Green had. A war of words ensued between Smith and Grover, through the medium of the hometown newspapers - the Cortland Gazette & Banner and the Cortland Republican. This went on for several weeks in May, 1862. Smith implicated Grover in the shooting of McNett so he could be promoted to major.
  
  
  
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