Charges brought against the commander of a white Maryland regiment for interfering with Black enlistment
Dublin Core
Title
Charges brought against the commander of a white Maryland regiment for interfering with Black enlistment
Description
Service record of Col. James Wallace, 1st E.S. Md. Vol. Inf., containing a witness statement by Col. William Birney regarding the interference by Wallace of Black recruitment in Maryland, who wrote that Wallace termed Black enlistment "'stealing' and 'high handed robbery' and the enlistment of his own slave as an 'outrage upon him perpetrated while he was serving his country.'" The file also includes charges drawn up against Wallace for the same, and his resignation letter.
Date
11/14/1863
Coverage
Salsbury, MD
Text Item Type Metadata
Text
Commander of a Maryland Regiment to the Commander of the Middle Department; Commander of a Black Maryland Regiment to the Headquarters of the Middle Department; Headquarters of the Middle Department to the Judge Advocate General of the Middle Department; Charges in the Case of the Commander of a Maryland Regiment; Memorandum Concerning the Charges against the Commander of a Maryland Regiment; and Endorsement by the Commander of the First Separate Brigade
Baltimore city [Md.]
Nov 14th 1863.
General, I feel myself constrained by Embarrassing & afflicting circumstances to tender my resignation of the office of Colonel of the 1st Reg E S Vol, which I now have the honor to hold.
Justice to my family as well as others have forced me to this conclusion. When I Entered the service two years since, I abandoned a Large & Lucrative Law practice. The short time allowed me from the acceptance of the commission to my departure from home, was totally insufficient to wind up my affairs & do justice to clients or myself. Consequently a Large Mass of business still remains unsettled, which no one but myself can properly close. The parties interested are impatient
and in danger of Loosing their claims. I have also in hand Large Estates as Trustee and administrator that require my presence at home to settle, for a Longer period than I would ask, or could hope to obtain upon Leave of absence. In the adjustment of these claims, Widows, Orphans and others are deeply interested, and are now suffering by the delay caused by my absence.
In addition however to these Embarassments & subjects of disquietude, my domestic affairs have entirely changed. I am blessed with a wife & four children. When I entered the service my wife was healthy & strong, & prepared to take charge of my household, & overlook the most of my affairs. I made Every preparation that I could for her & their comfort, & bid adieu to a home peculiarly Endeared to me by Every consideration to serve my Country with a faithful zealous & honest heart. The additional Labor
increased care, and anxiety thus imposed have proven too much for her. Her nervous system has given way under the trial, her health has become impaired & she now calls me to her aid
When I left home after having abandoned my profession, I provided to support my family and pay my debts, out of the wreck of fortune which had been stranded by this unholy rebellion, and from the income of two farms which I thought I was fortunate to possess. The Lands were well stocked & cultivated. When at home this source of revenue was considerable, but when I was called away, by the injudicious management of those intrusted with control, the profits soon dwindled, until they dried up. But to cap the climax of my misfortunes in that direction I have learned that every Laborer save one has left, & then
places have not & cannot there be supplied. I thus find myself with all the Expenses of a years cultivation to bear, my fallows unsown, my crops standing in the field & no one to gather. Great Efforts have been made to replace these Laborers & supply the deficiency, but thus far without success. That section of the state of Maryland is now bare of help. Unless I have the Control of my time & movements, so that I can go abroad for Labor my fields must be uncultivated, My Enterprise abandoned, & ruin fall upon my household
The situation I now therefore find myself in, is Entirely changed & afflicting. My professional income is gone, the revenue from my Lands has ceased, & other sources have failed. The Labor & toil of years have been swept away. My debts & expenses are upon me, & ruin is staring me in the face. I have made these & many other
sacrifices for the National weal, which but few other than those who live on the border, have to Encounter. I have given two years of my Life to suppress this unholy revolt. How I have served, & what I have done I Leave to my record to declare.
I now ask however to be permitted to retire to my family, to gather up & secure the fragments of a fortune, once considerable & to reconstruct my domestic affairs
Afflicting as these circumstances are I would not present them, or on their account ask to be relieved if I was satisfied that the Country needed the sacrifice. My regiment is now reduced considerably below the minimum allowed by Law, & near that point when the Colonel is required to be mustered out by Law. I feel that I am a supernumerary & my presence not necessary for the proper government of the regiment. I have
Under my command I shall Leave behind a Lieut Colonel & several Captains Eminently qualified to fill the station, who can be promoted to fill the vacancy. Thus while I can be relieved of the hardships pressing upon me, the public service will not suffer the slightest inconvenience
Therefore I most respectfully Lay my application before the Major General Commanding & ask that my request may be granted. yours respectfully
Col James Wallace
Commdg 1st Reg E S Vol
Major Gen R C Schenk
Commdg 8th Army Corps.
Through Lt Col W H Chesebrough
A A General
Baltimore, November 16, 1863.
Lieut. Col. Chesebrough,
Assistant Adj. General:
Sir, On the 13th inst., I forwarded to you a letter from C.W. Horner, a respectable citizen, setting forth certain complaints against Colonel James Wallace, 1st E. S. Volunteers. In connection with that letter, I feel it my duty to state that, about the 1st ult., Colonel Wallace, in my presence, in conversation with Major E. Mayer, 7th U.S. Colored Troops, characterized the action of the U.S. Government in enlisting slaves for military service, as “stealing” and “high handed robbery” and the enlistment of his own slave as an “outrage upon him perpetrated while he was serving his country.” His tone was loud and his manner excited.
On my calling his attention to the gross impropriety of his language, Colonel Wallace begged me to attribute it to the exasperation of his feelings at the loss of his slave. I passed the matter over then but since I learn that Colonel Wallace has acted upon his unpatriotic feelings and interfered to discourage enlistments, I feel it my duty to lay the matter before you. Your obedient servant,
William Birney,
Colonel 2d U.S.C.T.,
Recruiting Officer.
Head Quarters, Middle Department,
8th Army Corps,
Baltimore, Nov 17 1863
Maj Wm. L. Marshal
Judge advocate 8th ac
Major The General Commanding directs me to send you the enclosed papers in relation to Colonel Wallace 1st E.S. Md Vol Infy, for your examination, with instructions if the facts stated will sustain a probable conviction, to prepare proper charges & specifications to be presented against that officer — . He appears to have been in the opinion of the General, clearly guilty of discouraging the enlistment of colored troops, & of unofficer-like conduct. the most direct proof of this is to be found in the Evidence of Col Birney — I am very Respectfully Your Obd Svt
Max Woodhull
Capt & aaag
[Baltimore, Md., November 1863]
Charges prefered against Colonel James Wallace 1 ES Md Vols
Charge
Conduct to the prejudice of good order and Military discipline.
Specification 1 — In this that James Wallace Colonel of the 1 ES Md Vols in the Military service of the United States did on or about 1st day of Nov 1863 at or near Salesbury Md in conversation with an officer or officers of inferior rank to himself speak in terms of disrespect of the orders of the President of the United States and the action of the United States Government in the matter of the enlistment of Slaves for the Military service of the United States charging the same to be “stealing” and “high handed robbery” and that the enlistment of his own slave was an “outrage upon him perpetrated while he was serving his country.”
Specification 2 In this that he Col James Wallace 1st Regt ES Md Vols being in the Military service of the United States did on or about the 26th day of October 1863 at or near Salesbury Md the Eastern Shore of Md in conversation with officers of the United States Military service characterize the action of the United States Government in the matter of the enlistment of Slaves for Military service as “stealing” and as high handed robbery and the enlistment of his own slave as an outrage upon him.
Specification 3d In this that he Col James Wallace 1 Regt ES Md Vols being in the Military service of the United States did on or about the 1st day of oct 1863 at the Eastern Shore of Md in conversation with officers of the United States
Military service characterize the action of the United States Government in the matter of the enlistment of Slaves for the Military service of the United States as “Stealing” and as “high handed robbery” and the enlistment of his own slave as an outrage upon him.”
Specification 4 In this that he James Wallace Colonel 1st Regt ES Md Vols being in the military service of the United States did on or about the 26 of october 1863 at or near Salesbury Md and on divers days between the said 26 day of oct and the 6th of Nov 1863 in conversation with various persons both private citizens and persons in the Military service of the United States, speak in condemnatory terms of the enlistment of slaves for the Military service of the United saying that it was unjust and injurious and of great inconvenience to the people and using language of like import.
Specification 5th In this that he Colonel James Wallace 1st regt ES Md Vols did, on or about the 27th day of october 1863 at or near Salisbury on the Eastern Shore Maryland being in the Military service of the United, order from the Barracks and Camp of United States soldiers a large number of colored men who were there to enlist into the service of the United States and were waiting for the arrival of the officer authorized to enlist them and did order the said men not to return again but to go home and if they did not he would send them home under guard as the camp was no place for them and the said Wallace did further cause or permit some of the said men who were unwilling to go home as ordered to be seized and handcuffed and carried to jail by those claiming to be their
masters thereby discouraging the enlistment of colored troops and defeating and obstructing the orders of the United States Government on that subject and preventing the enlistment of many valuable men.
[Baltimore, Md., November? 1863]
Memo. These charges with withdrawn by the Brig. Genl. Comdg
[Endorsement] Hd. Qrs Mid. Dept. 8th A.C.
Balto. Md. March 21/64
Respectfully forwarded to the Adjutant General U.S.A. with the information that this tender of resignation was accept ed in S. O. 341. par. 8. from these Head Quarters dated Dec. 23d/63
Henry H. Lockwood
Brig. Genl., Commanding.
Col James Wallace to Major Gen R C Schenk, 14 Nov. 1863, Colonel William Birney to Lieut. Col. Chesebrough, 16 Nov. 1863, Capt Max Woodhull to Maj Wm. L. Marshal, 17 Nov. 1863, Charges against Colonel James Wallace, November? 1863, Memorandum, November? 1863, and Endorsement by Brig Genl Henry H. Lockwood, 21 Mar. 1864, on Col James Wallace to Major Gen R C Schenk, 14 Nov. 1863, all filed with service record of James Wallace, 1st Eastern Shore Maryland Infantry, Carded Records, Volunteer Organizations: Civil War, ser. 519, RG 94 [N-175].
Baltimore city [Md.]
Nov 14th 1863.
General, I feel myself constrained by Embarrassing & afflicting circumstances to tender my resignation of the office of Colonel of the 1st Reg E S Vol, which I now have the honor to hold.
Justice to my family as well as others have forced me to this conclusion. When I Entered the service two years since, I abandoned a Large & Lucrative Law practice. The short time allowed me from the acceptance of the commission to my departure from home, was totally insufficient to wind up my affairs & do justice to clients or myself. Consequently a Large Mass of business still remains unsettled, which no one but myself can properly close. The parties interested are impatient
and in danger of Loosing their claims. I have also in hand Large Estates as Trustee and administrator that require my presence at home to settle, for a Longer period than I would ask, or could hope to obtain upon Leave of absence. In the adjustment of these claims, Widows, Orphans and others are deeply interested, and are now suffering by the delay caused by my absence.
In addition however to these Embarassments & subjects of disquietude, my domestic affairs have entirely changed. I am blessed with a wife & four children. When I entered the service my wife was healthy & strong, & prepared to take charge of my household, & overlook the most of my affairs. I made Every preparation that I could for her & their comfort, & bid adieu to a home peculiarly Endeared to me by Every consideration to serve my Country with a faithful zealous & honest heart. The additional Labor
increased care, and anxiety thus imposed have proven too much for her. Her nervous system has given way under the trial, her health has become impaired & she now calls me to her aid
When I left home after having abandoned my profession, I provided to support my family and pay my debts, out of the wreck of fortune which had been stranded by this unholy rebellion, and from the income of two farms which I thought I was fortunate to possess. The Lands were well stocked & cultivated. When at home this source of revenue was considerable, but when I was called away, by the injudicious management of those intrusted with control, the profits soon dwindled, until they dried up. But to cap the climax of my misfortunes in that direction I have learned that every Laborer save one has left, & then
places have not & cannot there be supplied. I thus find myself with all the Expenses of a years cultivation to bear, my fallows unsown, my crops standing in the field & no one to gather. Great Efforts have been made to replace these Laborers & supply the deficiency, but thus far without success. That section of the state of Maryland is now bare of help. Unless I have the Control of my time & movements, so that I can go abroad for Labor my fields must be uncultivated, My Enterprise abandoned, & ruin fall upon my household
The situation I now therefore find myself in, is Entirely changed & afflicting. My professional income is gone, the revenue from my Lands has ceased, & other sources have failed. The Labor & toil of years have been swept away. My debts & expenses are upon me, & ruin is staring me in the face. I have made these & many other
sacrifices for the National weal, which but few other than those who live on the border, have to Encounter. I have given two years of my Life to suppress this unholy revolt. How I have served, & what I have done I Leave to my record to declare.
I now ask however to be permitted to retire to my family, to gather up & secure the fragments of a fortune, once considerable & to reconstruct my domestic affairs
Afflicting as these circumstances are I would not present them, or on their account ask to be relieved if I was satisfied that the Country needed the sacrifice. My regiment is now reduced considerably below the minimum allowed by Law, & near that point when the Colonel is required to be mustered out by Law. I feel that I am a supernumerary & my presence not necessary for the proper government of the regiment. I have
Under my command I shall Leave behind a Lieut Colonel & several Captains Eminently qualified to fill the station, who can be promoted to fill the vacancy. Thus while I can be relieved of the hardships pressing upon me, the public service will not suffer the slightest inconvenience
Therefore I most respectfully Lay my application before the Major General Commanding & ask that my request may be granted. yours respectfully
Col James Wallace
Commdg 1st Reg E S Vol
Major Gen R C Schenk
Commdg 8th Army Corps.
Through Lt Col W H Chesebrough
A A General
Baltimore, November 16, 1863.
Lieut. Col. Chesebrough,
Assistant Adj. General:
Sir, On the 13th inst., I forwarded to you a letter from C.W. Horner, a respectable citizen, setting forth certain complaints against Colonel James Wallace, 1st E. S. Volunteers. In connection with that letter, I feel it my duty to state that, about the 1st ult., Colonel Wallace, in my presence, in conversation with Major E. Mayer, 7th U.S. Colored Troops, characterized the action of the U.S. Government in enlisting slaves for military service, as “stealing” and “high handed robbery” and the enlistment of his own slave as an “outrage upon him perpetrated while he was serving his country.” His tone was loud and his manner excited.
On my calling his attention to the gross impropriety of his language, Colonel Wallace begged me to attribute it to the exasperation of his feelings at the loss of his slave. I passed the matter over then but since I learn that Colonel Wallace has acted upon his unpatriotic feelings and interfered to discourage enlistments, I feel it my duty to lay the matter before you. Your obedient servant,
William Birney,
Colonel 2d U.S.C.T.,
Recruiting Officer.
Head Quarters, Middle Department,
8th Army Corps,
Baltimore, Nov 17 1863
Maj Wm. L. Marshal
Judge advocate 8th ac
Major The General Commanding directs me to send you the enclosed papers in relation to Colonel Wallace 1st E.S. Md Vol Infy, for your examination, with instructions if the facts stated will sustain a probable conviction, to prepare proper charges & specifications to be presented against that officer — . He appears to have been in the opinion of the General, clearly guilty of discouraging the enlistment of colored troops, & of unofficer-like conduct. the most direct proof of this is to be found in the Evidence of Col Birney — I am very Respectfully Your Obd Svt
Max Woodhull
Capt & aaag
[Baltimore, Md., November 1863]
Charges prefered against Colonel James Wallace 1 ES Md Vols
Charge
Conduct to the prejudice of good order and Military discipline.
Specification 1 — In this that James Wallace Colonel of the 1 ES Md Vols in the Military service of the United States did on or about 1st day of Nov 1863 at or near Salesbury Md in conversation with an officer or officers of inferior rank to himself speak in terms of disrespect of the orders of the President of the United States and the action of the United States Government in the matter of the enlistment of Slaves for the Military service of the United States charging the same to be “stealing” and “high handed robbery” and that the enlistment of his own slave was an “outrage upon him perpetrated while he was serving his country.”
Specification 2 In this that he Col James Wallace 1st Regt ES Md Vols being in the Military service of the United States did on or about the 26th day of October 1863 at or near Salesbury Md the Eastern Shore of Md in conversation with officers of the United States Military service characterize the action of the United States Government in the matter of the enlistment of Slaves for Military service as “stealing” and as high handed robbery and the enlistment of his own slave as an outrage upon him.
Specification 3d In this that he Col James Wallace 1 Regt ES Md Vols being in the Military service of the United States did on or about the 1st day of oct 1863 at the Eastern Shore of Md in conversation with officers of the United States
Military service characterize the action of the United States Government in the matter of the enlistment of Slaves for the Military service of the United States as “Stealing” and as “high handed robbery” and the enlistment of his own slave as an outrage upon him.”
Specification 4 In this that he James Wallace Colonel 1st Regt ES Md Vols being in the military service of the United States did on or about the 26 of october 1863 at or near Salesbury Md and on divers days between the said 26 day of oct and the 6th of Nov 1863 in conversation with various persons both private citizens and persons in the Military service of the United States, speak in condemnatory terms of the enlistment of slaves for the Military service of the United saying that it was unjust and injurious and of great inconvenience to the people and using language of like import.
Specification 5th In this that he Colonel James Wallace 1st regt ES Md Vols did, on or about the 27th day of october 1863 at or near Salisbury on the Eastern Shore Maryland being in the Military service of the United, order from the Barracks and Camp of United States soldiers a large number of colored men who were there to enlist into the service of the United States and were waiting for the arrival of the officer authorized to enlist them and did order the said men not to return again but to go home and if they did not he would send them home under guard as the camp was no place for them and the said Wallace did further cause or permit some of the said men who were unwilling to go home as ordered to be seized and handcuffed and carried to jail by those claiming to be their
masters thereby discouraging the enlistment of colored troops and defeating and obstructing the orders of the United States Government on that subject and preventing the enlistment of many valuable men.
[Baltimore, Md., November? 1863]
Memo. These charges with withdrawn by the Brig. Genl. Comdg
[Endorsement] Hd. Qrs Mid. Dept. 8th A.C.
Balto. Md. March 21/64
Respectfully forwarded to the Adjutant General U.S.A. with the information that this tender of resignation was accept ed in S. O. 341. par. 8. from these Head Quarters dated Dec. 23d/63
Henry H. Lockwood
Brig. Genl., Commanding.
Col James Wallace to Major Gen R C Schenk, 14 Nov. 1863, Colonel William Birney to Lieut. Col. Chesebrough, 16 Nov. 1863, Capt Max Woodhull to Maj Wm. L. Marshal, 17 Nov. 1863, Charges against Colonel James Wallace, November? 1863, Memorandum, November? 1863, and Endorsement by Brig Genl Henry H. Lockwood, 21 Mar. 1864, on Col James Wallace to Major Gen R C Schenk, 14 Nov. 1863, all filed with service record of James Wallace, 1st Eastern Shore Maryland Infantry, Carded Records, Volunteer Organizations: Civil War, ser. 519, RG 94 [N-175].
Citation
“Charges brought against the commander of a white Maryland regiment for interfering with Black enlistment,” Black Maryland in the Civil War—A Microedition of the Freedmen and Southern Society Project, accessed August 8, 2026, https://fssp.artinterp2.org/items/show/68.