ing of bullets from the skirmishers, their courage
gave way and they fled, every man for himself. Only two or three
were seriously wounded, and comparatively few arrests were made.
[Footnote: Official Records, vol. xxiii. pt. i. pp.395-397.]
Submission to law was all that was demanded, and when this was fully
established, the prisoners were soon released without further
punishment. The fear of further prosecutions operated to preserve
the peace, and the men who had been allowed to go at large were a
guaranty, in effect, for the good behavior of the community.

Before dropping the subject, I may properly add that the arrest of
Mr. Vallandigham very naturally raised the question how far we were
willing to go in bringing disloyal men before the military courts.
Prominent citizens, and especially men in official position, often
found themselves urged to ask for the arrest of the more outspoken
followers of Vallandigham in every country neighborhood. In answer
to inquiries which had come through the Hon. Martin Welker,
[Footnote: Afterward for many years Judge of the U. S. District
Court for northern Ohio.] member of Congress for the Wayne County
district, I wrote him a letter which shows the efforts we made to be
prudent and to avoid unnecessary collisions. Judge Welker had served
as Judge Advocate on my staff in the three months' service in the
spring of 1861, and my intimacy with him made me speak as to our
policy without reserve.

"We are hopeful," I wrote, "now that the United States Circuit Court
has refused to release Mr. Vallandigham on _habeas corpus_, that his
followers will take warning and that their course will be so
modified that there may be no occasion to make many more arrests.

"I am persuaded that our policy should be to repress disloyalty and
sedition at home rather by punishment of prominent examples than by
a general arrest of all who may make themselves obnoxious to General
Order No. 38, as the latter course will involve a more frequent
application of military authority than we choose to resort to,
unless circumstances should make it imperatively necessary... I am
full of hope that the seditious designs of bad men will fail by
reason of the returning sense of those who have been their dupes,
and that the able and patriotic opinion of Judge Leavitt in the
_habeas corpus_ case will cause great numbers to take positive
ground in favor of the government, who have hitherto been more or
less under the in