War Department,
Bureau of Military Justice
Report to Edwin Stanton,
Secretary of War
November 23, 1865
The Government Case against Yulee, Mallory and Allison
War of the Rebellion
Hon. E. M. Stanton, Secretary of War:

Sir: In the matter of the application of Hon. William Marvin, provisional governor of Florida, for the pardon or parole of d.
L. Yulee, S. R. Mallory, and A. K. Allison, rebels, referred to me for report by your endorsement of the 7th instant, I have
the honor to submit as follows:

The application alluded to is that addressed to the President under the date of the 22d ultimo. In regard to Yulee and
Mallory, the writer expressly states that he has not a word to say upon the subject of their political history, and he bases
his request upon the general ground political history, and he bases his request upon the general ground that he thinks
they may both be permitted to return to the State without any injury to its interests. For Yulee, he adds, that "he is the
president of a railroad company, whose interests are suffering for the want of his supervision and care;" and of Mallory
he says, "He has the gout badly, which the dampness of the prison exasperates. His family are in Connecticut, and he
would like to visit them. I think if he were set at liberty on parole I can be surety for his keeping it." These suggestions
ignore totally the criminality of these men, and evidence a singular unconsciousness that there is anything to be
considered beyond their personal interests and comfort in determining the question of their longer imprisonment. In
behalf of Allison, Governor Marvin remarks, that "as president of the senate he became ex officio Governor of the State
on the death of Governor Milton just before the collapse of the rebellion;" that he believes that the only gubernatorial act
he did was to issue a proclamation ordering an election of Governor; that he is not a bad man; that he has been
confined in Fort Pulaski since 1st of May, and that the people of the State would be much gratified to hear that he has
returned to his family. This Bureau is at a loss to discover in these statements of governor Marvin any suggestions
whatever which should avail to direct the attention of the Executive to these cases as deserving of clemency, or even to
do away with the presumption of the grave character of their crimes, at least of those of the two former, which arises
from the mere action of the Government in confining the parties as rebel enemies. Here, indeed, the application might
be left, but the allusion by the provisional governor to the political history of Yulee and Mallory in connection with the
rebellion recalls the fact that it is this very history which precludes their being treated with any lenity at this time. This
allusion renders it proper also, in order that a full appreciation of the acts of these men may be arrived at, that the
circumstances of such history should be here set forth. As early as in January, 1861, these parties, then Senators of the
United States from the State of Florida jointly addressed to the Secretary of War a communication in the following
language:

SENATE CHAMBER, January 2, 1861.
To the SECRETARY OF WAR:
SIR: We respectfully request you to inform us what is the numerical force of the troops now in garrison at the various posts in the State of
Florida, and the amount of arms, heavy and small, and ammunition, fixed and loose, at the various forts and arsenals in that State.*

Respectfully, your obedient servants,

D. L. YULEE,
S. R. MALLORY.

To this communication was replied as follows,
ORDNANCE OFFICE,
Washington, D. C.,
January 3, 1861.
Hon. J. HOLT, Secretary of War:
SIR: I have the honor to acknowledge the reference to this office of a letter from the honorables Messrs. Yulee and Mallory, of the Senate,
dated 2d instant, and, in compliance with their request, to report that there is only one arsenal in the State of Florida, and that is one of
deposit only. It is called Apalachicola Arsenal, and is situated near the town of Chattahoochee, at the junction of the Flint and
Chattahoochee Rivers.* The arms, ammunition, &c., now at that post, are one 6-pounder iron gun and carriage, with 326 shot and
canisters for the same, 57 flintlock muskets, 5,122 pounds of powder, 173,476 cartridges for small-arms, and a small quantity of different
kinds, of accouterments.

The ordnance and ordnance stores at the other military posts in Florida are as follows:

At Fort Barrancas.–Forty-four sea-coast and garrison cannon and 43 carriages, viz: Thirteen 8-inch columbiads and howitzers; two 10-inch
mortars, and eleven 32, ten 24, five 18, and three 19-pounder guns; 3,152 projectiles for the same; 20,244 pounds of powder, and 2,966
cartridge bags.

At Barrancas Barracks.–A field battery, consisting of four 6-pounder guns and two 12-pounder howitzers, with carriages, and six caissons,
with 300 projectiles and 270 cartridge bags for the same.

At Fort Pickens.–Two hundred and one sea-coast and garrison cannon, viz: Four 10-inch columbiads and four 10-inch mortars, fifty 8-inch
and flanking howitzers, and two 42, sixty-two 32, fifty-nine 24, six 18, and fourteen 12 pounder guns, and 128 carriages for the same; also,
4,974 projectiles of all kinds; 3,195 grape-shot, loose; 500 24-pounder stands canister shot; 12,712 pounds of powder, and 1,728 cartridge
bags.

At Fort Taylor.–Sixty sea-coast and garrison cannon, viz: Fifty 8-inch columbiads and ten 24-inch flanking howitzers, with caissons, and four
12-pounder field howitzers, mounted; 4,530 projectiles, suited to {p.350} the guns; 34,459 pounds of powder; 2,826 cartridge bags; 962
priming tubes, and 759 cartridges for small arms.

At Fort McRee.–One hundred and twenty-five sea-coast and garrison cannon, including three 10-inch and twelve 8-inch columbiads; twenty-
two 42, twenty-four 32, and sixty-four 24 pounder guns, with 64 gun carriages; 9,026 projectiles, and 1,258 stands of grape and canister,
and 19 298 pounds of powder.

At Key West Barracks.–For 6-pounder field guns and carriages; 1,101 rounds of shot and other ammunition for the same; 171 pounds of
powder; 158 cartridge bags; 538 priming tubes; 7 rifles, and 2,000 rifle cartridges.

At Fort Marion.–Six field batteries, of four 6-pounder guns and two 12-pounder howitzers, and twenty sea-coast and garrison cannon, viz:
Four 8-inch howitzers and sixteen 32-pounder guns; also, six 6-pounder old iron guns, and 31 foreign guns of various calibers; 2,021
projectiles; 330 rounds of fixed ammunition; 873 priming tubes, and 931 pounds of powder. Also, 110 muskets, 103 rifles, 118 Hall’s
carbines, 98 pistols, 147,720 cartridges for small-arms, and 15,000 percussion caps.

Very respectfully, your obedient servant,
WM. MAYNADIER,
Captain of Ordnance

The traitorous animus of these men in endeavoring through their high position to obtain from the Government the
information sought has been abundantly illustrated since that early date. But the deliberate depravity of their purpose is
most fully disclosed in two letters written at that juncture by Yulee to one Finegan, a correspondent at Tallahassee, Fla.

Joseph Finegan, Esq., or Col. Geo. W. Call (Tallahassee, Fla.):

My Dear Sir: the immediately important thing to be done is the occupation of the forts and arsenal in Florida. The naval station and forts at
Pensacola are first in consequence. For this a force is necessary. I have conversed with Mr. Toombs upon the subject. He will start this
week for Georgia, and says if the convention of sov'y (sovereignty) will ask Governor Brown, of Georgia, for a force he will immediately send
on sufficient force and take the navy yard and forts. The occupation of the navy yard will give us a good supply of ordinance and make the
capture of the forts easier. Major Chase built the forts and will know all about them. Lose no time, for, my opinion is, troops will be very soon
dispatched to re-enforce and strengthen the forts in Florida. The arsenal at Chattahoochee should be looked to, and that at once to prevent
removal of arms.

I think that by 4th March all the Southern States will be out, except perhaps Kentucky and Missouri, and they will soon have to follow.

What is advisable is the earliest possible organization of a Southern Confederacy and of a Southern Army. The North is rapidly
consolidating against us upon the plan of force. A strong Government, as eight States will make, promptly organized, and a strong Army,
with Jeff. Davis for General-in-Chief, will bring them to a reasonable sense of the gravity of the crisis.

Have a Southern Government as soon as possible, adopting the present Federal Constitution from the time, and a Southern Army. I repeat
this because it is the important policy.

Virginia, Maryland, and Tennessee are rapidly coming up to the work.

God speed you.

I shall give the enemy a shot next week before retiring. I say enemy! Yes, I am theirs, and they are mine. I am willing to be their masters, but
not their brothers.

Yours, in haste,

D. L. Yulee.

Lose no time about the navy-yard and forts at Pensacola.

The original of this letter, captured by our troops at Fernandina, Fla., is in possession of the Government, with the
envelope which enclosed it, bearing the official frank of the writer. The second letter, written two days after, has already
been given to the public in McPherson's Political History of the Rebellion, page 392. I

This letter was printed in the newspapers of the country immediately after its capture by our troops upon their
occupation of Fernandina. Mr. McPherson, page 392, adds the resolutions referred to.



Washington, Jan. 7,1861.

My Dear Sir: On the other side is a copy of resolutions adopted at a consultation of the Senators from the seceding States—in which
Georgia, Alabama, Louisiana, Arkansas, Texas, Mississippi, and Florida were present.

The idea of the meeting was that tho States should go out at once, and provide for the early organization of a Confederate Government, not
later than 15th February. This time is allowed to enable Louisiana and Texas to participate. It seemed to be the opinion that if we left here,
force, loan, and volunteer bills might be passed, which would put Mr. Lincoln in immediate condition for hostilities; whereas, by remaining
in our places until the 4th of March, it is thought we can keep the hands of Mr. Buchanan tied, and disable the Republicans from effecting
any legislation which will strengthen the hands of his incoming Administration.

The resolutions will be sent by the delegation to the President of the Convention. I have not been able to find Mr. Mallory this morning.
Hawkins* is in Connecticut. I have therefore thought it best to send you this copy of the resolutions.

In haste, yours truly, D. L. YULEE.

Joseph Finegan, Esq.,
"Sovereignty Convention," Tallahassee, Fla,

The following were the resolutions referred to:

Resolved 1. That in our opinion each of the Southern States should, as soon as may be, secede from tho Union.

Resolved 2. That provision should be made for a convention to organize a Confederacy of the seceding State*, the convention to meet not
later than the 15th of February, at the city of Montgomery, in tho State of Alabama.

Resolved, That in view of the hostile legislation that is threatened against the seceding States, and which may be consummated before the
4th of March, we ask instructions whether the delegations are to remain in Congress until that date for the purpose of defeating such
legislation.

Resolved, That a committee be and are hereby appointed, consisting of Messrs. Davis, Slidell, and Mallory, to carry out the objects of this
meeting.

This letter, then, is the record made by the parties themselves of their part in the gigantic conspiracy, which, upon the
action and prompting of these men and their confederates, forthwith declared itself in open revolt and aggressive war. In
maturing this conspiracy these traitors were no less actively enlisted than they were instrumental, especially as regards
their own State, in executing its details of robbery and treason. On January 7 Fort Marion and the arsenal at Saint
Augustine were seized by Florida and Alabama troops; on January 12 the important posts of Forts Barrancas and
McRee, as well as the navy yard at Pensacola, were captured. These were overt acts of treason and the letters quoted
leave no doubt but that they were committed under the direct instigation of Yulee and Mallory. The atrocity of the
machinations of these men is strikingly aggravated by their skulking treachery. They were holding elevated public
positions of trust and dignity, and were bound by solemn oath to support the Constitution and the laws, and by every
obligation of personal and official honor to sustain the Government in its hour of trial and danger, yet they avow to their
accomplices in the South that their object in continuing in their seats in the Capitol was to prevent the Government from
taking measures for its defense. As they were the paid servants of the people, whose security and political life were in
their hands, it is difficult, indeed, to express in adequate terms of condemnation the baseness of their conduct in thus,
while Senators of the United States, secretly organizing from their vantage ground of trust and influence a war against
the very existence of the Government of which they were themselves a part and of which they were the sworn guardians.

The parallel to their treachery, which is furnished by history in the instance of Catiline, whose name is a synonym for
infamy, is so marked that it may well be adverted to. This conspirator also was a senator, as were many of his guilty
associates; and it was in the very senate chamber of the republic that he perfected the plot which was to destroy his
country. It was there, too, in his presence that his traitorous intrigues were exposed and stigmatized by Cicero, as were
the treasonable purposes of his imitators in our own time arraigned and denounced upon the floor of our Senate by the
statesman now at the head of the Government. Moreover, it was when baffled in his efforts for power and defeated in his
contests for the consulship that Catiline sought by force and treachery to attain the objects of his lawless ambition. To
this end he gathered around him a number of profligate public men, and with them raised an army of ignorant and
unprincipled partisans with a view of marching upon Rome. So, too, the American traitors, overcome at a Presidential
election and disappointed in their struggle to retain a disastrous sway over the National Administration, had recourse to
arms for the perpetuation of their power; and, as if to render the parallel complete, we subsequently find their defeated
candidate for the Presidency a general of their forces, besieging our national capital. Here, however, the parallel, as
regards the subjects of the present application, and many others, ceases to be applicable. The
effrenata audacia of
Catiline impelled him to the field of battle, where fighting he perished. But many of the most conspicuous of these
modern conspirators--and this was especially true of Yulee and Mallory, either from intense selfishness or an
impregnable caution--seem to have shrunk away from the bloody conflicts of the war in which they had so eagerly
involved the deluded States and people they represented. Of the political history of these parties subsequent to the
initiation of the rebellion little need be said. Of the details of the career of Yulee this Bureau has but slight information.
Mallory, however, as is well known, held for a long period the office of Secretary of the Navy under Davis in the rebel
administration. Allison, as has been perceived, was a senator in the Legislature of Florida after its secession, and was
but lately acting Governor of the State. He has been a prominent agent in protracting the rebellion in his locality, and
from his high official position has maintained the right of a State to defy the General Government. It may here be added
that the perfidy and falsehood which inevitably attend treason are well illustrated in the case of Yulee in his personal
written application for clemency to the President, which, with other papers heretofore filed with the Attorney-General,
has been exhibited to me during the preparation of this report. In the course of this application, ignorant that his letter of
5th January, 1861, was in the hands of the Government, he has the effrontery to state as follows:

I can truly s
ay I did not leave my seat in Congress of the United States to aid the rebellion. This is sufficiently proven by the circumstance
that I did not, in fact, aid it, having taken no part in the formation nor conduct of the Confederate organization. I withdrew not in the spirit of
rebellion, nor with the expectation of a conflict of force, but solely, as before said, from the motive of obedience to the will of my State, and in
the sincere expectation and hope of a peaceful solution of the unhappy issue by an ultimate convention of the States, or some other mode
of arrangement between them.

Again he says:

I did not ad
vise nor stimulate secession of the State, considering that in so responsible a step each citizen should act according to his
own unbiased judgment.

In view of this deliberate falsification, and in view, in the case of Mallory, of the fact that he consented to hold for so long
a time and up to so recent a period a most prominent position in the administration of Davis, the declaration of these
men, contained in their communications addressed to the President and others, found among the papers referred to, to
the effect that they now freely acquiesce in the principles of national union and human freedom established in our
political system by the downfall of the rebellion, cannot but be received with suspicion and distrust. Such words coming
up from the prisons to which these men have been justly consigned, may, considering their past history, be accepted as
spoken rather in their own personal interest than in the interests of truth or of the Government, whose policy and
principles they so lately assailed and insulted. At all events, such language cannot be received as any expiation of the
crimes of which they are known to be guilty. It must thus be most clear, not only that the claim of these applicants to
clemency is wholly unworthy to be entertained for a moment, but that the only action appropriate to their case would be
their arraignment and trial upon an indictment for high treason. Indeed, a stronger case of treasonable conspiracy could
not well be  conceived than that presented by the case of Yulee. His attempt, in connection with his colleague, to obtain
from the Government information which could have been sought only for the purpose of facilitating a successful resort to
force and armed rebellion; his urging upon his constituents in Florida the immediate capture of the forts and navy yard
at Pensacola, and their actual seizure by irregular troops one week after the date of his letter; his emphatic injunctions
in regard to the speedy formation of a Southern army and Confederacy; his characterizing the Government and its
supporters at that early day as the enemy, with his insolent declaration that he is willing to be their masters, but not their
brothers; as also his record of the secret consultation of the Senators from the seceding States in which he took part,
all  these facts constitute a body of proof so strong and convincing as to exhibit his guilty participation in the conspiracy
for the destruction of the Government in no less glaring a light than that of its acknowledged chief.

Of the criminality of Mallory at that early period, the evidence, though less full and significant, is perceived to be
sufficiently positive to fix upon him beyond a question the character of one of the original conspirators against the
Government. At a later date his administration of a department of the rebel Confederacy whose only business, in the
absence of a navy, was simply the authorization and direction of a general system of piracy, has rendered his agency in
conducting the rebellion more conspicuous and his name more odious even than that of his former colleague. As it is
believed that punishment is yet to be visited on the rebellion, which, as is well known, involved in its course all other
crimes, and that some atonement is yet to be made for the hundreds of thousands of lives sacrificed thereby, it would
seem that the original conspirators who incited and organized the movement should be first arraigned and tried. To this
class Senators Yulee and Mallory unquestionably belong. The experience of the world has shown that great crimes
never have been and never can be repressed without punishment, and that laws which are not vindicated when violated
are, in effect, no laws at all. Should the statute against treason, for lack of its enforcement, cease to be a terror to
ambitious men wickedly lusting for power, whatever protection might remain for individual life, there would be none,
whatever for the life of the nation, which would be exposed to the stabs of every traitor who might choose to lift his
dagger against it. If the leaders in an unprovoked attempt to assassinate such a nation as this have not forfeited their
lives, then it is not believed to be within the compass of human depravity to incur such forfeiture. The conviction is
entertained that this Republic might exist for ages without developing in its bosom a band of conspirators and parricides
more steeped in guilt or more surrounded with aggravations of criminality than those recently conquered by its arms,
and who, covered with the blood of our people, are now standing in the presence of the Government, and happily,
completely in its power.

With the views expressed of the treasonable conduct of Yulee and Mallory no other recommendation can be made than
that they be put upon their trial as soon as the interests of public justice will permit. It is not perceived how faith could be
reposed in the parole of men who have already violated far more solemn obligations than such parole would impose.
Allison's case differs from those of Yulee and Mallory, in that he was not a member of Congress or so conspicuous in his
treason as were they. In the position, however, in which was placed---one of high State authority--he doubtless did all in
power to support the rebellion.

J. Holt,
Judge-Advocate-General

January 18, 1866.
Since the foregoing report was prepared the original letter to Finegan, of 7th January, 1861, together with the
resolutions which accompanied it, has been recovered by the Government and is now in the possession of this Bureau.
Both the letter and resolutions are in the handwriting of D. L. Yulee, and, as in the case of his letter of 5th January,
1861, the envelope enclosing them bears the U. S. Postal stamp and the frank of the writer, thus showing that this
Senator not only conspired against the Government while occupying his seat in the Capitol, but was actually
treacherous enough to oblige that Government to become the unconscious bear of the very dispatches which sought its
own ruin. There have also been brought to light certain dispatches of S. R. Mallory, found in the State archives at
Tallahassee, which were sent by him from Washington to the Governor of Florida, and by the latter laid before the
convention by which the ordinances of secession was passed. The following are accurate copies of these papers:

Washing
ton, D. C., January 6, 1861.

The President of the Florida Convention:
I send for the information of the convention the resolutions passed by a meeting of Southern Senators of last evening."

S. R. Mallory.

These telegrams establish conclusively that Mallory was actively co-operating with his colleague Yulee and the other
conspirators named in the treasonable consultations and action then in progress at Washington, and in the
arrangements then made for the violent seizure of the U. S. forts in Florida. One point presented in the correspondence
deserves to be noticed, which is the confidence felt by both these conspirators that Chase, who had been educated by
the United States, and while serving with its Army in the Engineer Corps had built the fort proposed to be captured,
would, like themselves, readily use for the overthrow of the Government the information which he had acquired in its
service and as its confidential agent. They did not at all mistake their man, as subsequent events fully proved.

J. Holt, Jr
Judge Advocate General.

Since the preparation of the foregoing an additional letter, addressed by D. L. Yulee to the rebel Governor Pickens, of
South Carolina, under date of 20th of July, 1861, has been placed in my hands. It is wholly in the handwriting of the said
Yulee, and it is believed to have been found by our soldiers on the occasion of the capture of Columbia, S. C. The
following is a copy of this letter:

Fernandina, July 20, 1861.
Governor F. W. Pickens, Columbia:

My Dear Sir: I give this to my friend Colonel Finegan as an introduction. I wish to ask you to do a favor to the State, which will in this case be
also a favor to me. Colonel F[Finegan] is arranging for a legion to serve during the war. I am anxious  that Florida should be fully and well
represented in the field. Our State is very much without armament and without much means in the treasury. What I wish to ask you to do is
to let Florida have, as a great favor, a battery of field artillery for a company of his legion. It could be loaned either to the State or Confederacy
for the purpose.

With kind regards to Mrs. P. and cordial remembrances to yourself,
I am y, yours truly,

D. L. Yulee

The earnest and traitorous appeal of this letter fro arms with which to make war upon the Government, added to the
telegrams and other letters herein before quoted, shows how utterly false are the declarations made by Yulee in his
memorial for pardon to the President, that he did not leave his seat in the Congress of the United States to aid the
rebellion, and that he did not participate in the civil or military action of the Confederate Government. A case so fully
made out by the written avowals of this conspirator is not believed to require any further comment on the part of this
Bureau.

J. Holt,
Judge-Advocate-General.
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