John T. Swayne, the judge of the Memphis criminal court, wrote to Sherman to protest a recent military order expelling from the city persons who refused to swear allegiance to the United States. Sherman responded to Swayne from his headquarters near Vicksburg, enclosing a letter to Major General Stephen A. Hurlbut, the Union commander at Memphis, in which Sherman endorsed the power of the military to punish spying and sedition among an occupied population but expressed doubts about the “efficiency and policy” of exacting “a ‘naked oath.’ ”
Hd. Qrs. 15th. Army Corps.
Camp on Walnut Hills, June 11, 1863
Judge Swayne, Memphis
Dear Sir,
As you can readily understand, I have about as much local business, as should engage the attention of one man, desirous of following the great revolution, which is sweeping as with whirlwind speed to destruction or Safety, I enclose you a letter, I have hastily written to General Hurlbut, which is as Specific as I ought to write. The General is a Southerner born and educated Lawyer, as well as Politician and it looks like an absurdity in one, who professes nothing of the kind to suggest to him any course of policy founded in a state of facts, of which I must be ignorant. If God himself smote Sodom and Gomorra, for departing from the law, and setting up their blind prejudice instead, surely I could not plead forbearance on the part of the U.S. if the people of Memphis are known to be conspiring against our law and safety.
But on the other hand, if the people of Memphis are acting in good faith, I will plead for them, that they be dealt with fairly honestly and even with kindness.
I fear me, that politicians and news mongers have so stirred up the vile passions of our People, and so poisoned their minds, that a government founded on public opinion, will for years to come be too unstable to curb these passions, and restrain the excesses, to which they lead, and that the U.S. Government assume the strong and dictatorial form, which alone can protect life and property.
The value of theoretical political notions, must I fear yield to that of more substantial interest. The sooner the people of the South discover this truth, and act upon it, the more will they save from the wrack of matter, that now threatens their universal ruin.
They may display heroic courage, they may elicit the admiration of the world, by the display of military genius, but they cannot stay the hand of destruction, that is now setting adrift their Slaves, occupying with fruitless muskets their adult whites, consuming and wasting their fields and improvements, destroying their roads, bridges, and the labor and fruits of near a century of undisturbed prosperity.
Men of extreme opinion and action cannot reason together and calm this tumult. It is the task allotted to such as you, and the time will come, and that soon, that even you, if you fail to act will be swept aside, helpless as a wisp of straw in the gale of wind.
Instead of appealing to Genl. Hurlbut to assist you, to escape a dangerous remote contingency, I say: think—act. Take your part and see, that some power is raised in America, that can stay the hand of strife, and substitute the rule of justice and mercy for that of force, violence and destruction.
If such men as you sit idle now, you are barred in all future Tribunals to plead for mercy and forbearance. What is a court without Power and a Sheriff? What is a Government, without Power and an Executive? Restore to our old Government its wonted power, and soon will cease this strife, and the Rights, you once prized, but now fast sinking into insignificance amidst new issues, will return and assume their natural weight.
But prolong the strife, and you may safely burn your library and turn your thoughts to some more lucrative trade than the Law.
I believe, you will receive from me in good part thoughts so crude, and it may be unreasonable. I surely wish you well. With Respect
W. T. Sherman
Maj. Genl.