Pierpont's Bastille-The Trials of Judge Thompson

"Venality, profligacy, and the ambition of a few men in political combination...". This is how Judge George W. Thompson described the Restored Government of Virginia in his letter to the United States Senate and the Supreme Court in late 1861. He was protesting his removal from office by Gov. Francis Pierpont, the provisional Governor of the Restored Government of Virginia in Wheeling, Virginia.

Judge Thompson was born in 1806 in St. Clairsville, Ohio, near Wheeling, Virginia. He received his law degree from the University of Virginia in 1837. In 1832 he had married Elizabeth Steenrod, the daughter of Daniel Steenrod, a prominent landowner and businessman. James K. Polk appointed Thompson United States Attorney for western Virginia, serving from 1848-1850, when he was elected to the U.S. Congress, serving from 1851-1852. In 1852 he was elected judge of the 20th district of Virginia. He was succeeded in his Congressional office by Sherrard Clemens, another Unionist who would also have his own differences with the Restored Government.

During the secession crisis in Virginia in 1860-1861 Judge Thompson delivered an anti-secession speech in Wheeling which he published as a pamphlet entitled "Secession is Revolution". He had written to Abraham Lincoln on October 31, 1860 urging him to "secure able and upright men to aid you in executing your well settled & calm resolve to save the Union by a consession which shall not be unworthy of so momentous occasion." When the Virginia secession ordinance was passed on April 17, 1861, Judge Thompson denounced it.

But with the move by some politicians in the upper northwestern counties to establish an alternative to the Richmond government, Judge Thompson stated to a Grand Jury in Wheeling on May 10 that "Whoever attempts and makes any overt acts toward establishing without authority of the state legislature any government within the limits of the state separate from the existing government, or shall hold or execute any office in such usurped government, or shall profess allegiance of fidelity to it, or shall resist the execution of the laws...is guilty of treason." (McGregor, 205, note)

On May 28 Judge Thompson also issued a proclamation that rebel troops in western Virginia should disperse.

So during the month of May Judge Thompson managed to irritate both the Richmond government and the soon-to-be established Restored Government of Virginia in Wheeling.

Once the Restored Government was launched on June 11 they proceeded to declare all Virginia state offices vacant. When Francis H. Pierpont accepted his nomination to the office of Governor he noted in his speech to the convention that "they see treason rankling all over the State, with the Governor, Lieut.-Governor and all the State officials, and four out of five of the Judges of the Court of Appeals, all the Judges of the Circuit Court except one, and, as far as I am advised, nearly all the prosecuting attorneys and Sheriffs engaged in this treasonable work;..." That one loyal judge of the circuit court would prove to be a thorn in Pierpont's side.

Anyone in office who took Wheeling's loyalty oath would be allowed to retain their position. However, within that oath was a pledge not just to the United States government but to "uphold and defend the Government of Virginia as vindicated and restored by the Convention which assembled in Wheeling on the 11th day of June, 1861", a government which Judge Thompson considered to be usurped and illegal. He refused to take that oath and on July 8 Gov. Peirpoint removed him from office and ordered a new judge elected. The Richmond government also stripped the Judge of his salary.

On May 26th, 1861, Judge Thompson had written again to Lincoln. In his letter he said that some young men had "taken up arms in behalf of the state", induced by older men, and that a policy of "judicious mercy" would invoke them to "return to their allegiance". Although Judge Thompson wrote in general terms, he had specific personal reasons for this letter. Two of his sons, William and Lewis, had joined the state militia and were with Col. Porterfield's command around Fetterman and Philippi. This was not an unusual situation in western Virginia, Waitman T. Willey's half-brother William was also with Col. Porterfield, and Brig.-Gen. Benjamin Kelley's brother-in-law, William Goshorn, was a secessionist.

Judge Thompson's son William was instrumental in organizing the Marion Guards at the beginning of the war and achieved the rank of colonel. He had been against secession, like his father, but when his militia unit voted to go with the state he followed their decision. Thompson's other son, Lewis, was killed in the battle of Alleghany Mountain. William P. Thompson served under Stonewall Jackson, later with Stonewall's cousin William L. Jackson and Jubal Early.

On January 13, 1862 the Richmond Daily Dispatch contained the following article-

 "Among the refugees recently arrived here from Northwestern Virginia, are Mrs. Judge Thompson, of Wheeling, and Dr. N. W. White, of Wellsburg, in Brooke county. Judge Thompson was at a very late period of the rupture with the North a strong Union man, and wrote a pamphlet against Secession. It was inferred that he would join the Union party, both by the advocates of the Ordinance of Secession and the Lincolnites. But the Northern Government went too far for the Judge. He revolted at their outrages upon Constitutional law and liberty and refused to submit to their authority. He refused to take the oath of allegiance to the Federal Government and was immediately deposed by Pierpoint, the bogus Governor of Western Virginia, and an election ordered to fill the office of Circuit Judge, in this manner vacated. A fifth rate county court lawyer was elected, and all unfit as he is, has entered upon the discharge of the duties of the high office. Mrs. Thompson is a devoted Southern lady, and successfully escaping from the land of tyranny, recently arrived in safety here, where she has been much afflicted by the death of a gallant son who fell in the late battle at Allegheny mountain. She has yet another son in the service of the South."

June 17, 1862-

"Judge Thompson, Dr. Alfred Hughes, and Wm. F. Gosherm (sic) [Goshorn], recently arrested in Wheeling for political offences, have been sent to Camp Chase to be confined there." William Goshorn was the brother-in law of Brig-Gen. Benjamin Kelley (U.S.). Dr. Hughes's sister, Eliza, also a physician, was arrested but was so ill that she took the oath in order to return home.

Aug. 8 1862-

 "S. S. Mann, a very intelligent Yankee, the sutler of the 16th Massachusetts, captured in the brilliant cavalry dash made by Gen. Stuart, has been paroled for sixty days to go North and negotiate an exchange of himself for Judge Geo. W. Thompson, a citizen of Wheeling, recently seized by the Yankees for disloyalty, and a Yankee sutler named Everlith, now here, for Samuel Price, Esq, a leading lawyer of Greenbrier, member of the late Convention, seized by the Yankees during one of their recent raids in that vicinity." Samuel Price had been a delegate to the Richmond convention the previous year, and later would be a U.S. senator from West Virginia.

Oct. 16, 1862-

"By the arrival yesterday of two ladies from Wheeling, we have obtained some information of the condition of affairs in Pierpont's dominions.--That demagogue, who by accident presides over the people of Northwestern Virginia, is exercising a tyranny more odious and oppressive, if possible, than that of his master, Lincoln. A short time since, Judge George W. Thompson, of the Wheeling Judicial Circuit, was released from a long and tedious imprisonment at Camp Chase, and returned to his home in Wheeling. The day after his arrival, Pierpont had him re-arrested, and at last accounts he was still in prison. Hon. Lewis Steenrod, another prominent citizen of Ohio county, was arrested by order of Pierpont on the same day.--Mr. S. has been in exceedingly delicate health for some time, and his recovery is not regarded [possible], yet Pierpont was unfeeling enough to send him word that he intended to make him take the oath of allegiance before he died. Other acts of oppression are related, which have caused the loyal people of that section to long more earnestly than ever for the day of deliverance." Lewis Steenrod was Judge Thompson's brother-in-law, but unlike the Judge he had favored the secession of Virginia. It is unknown if Pierpoint succeeded in forcing the oath upon Steenrod, as he died a few months later.

In late April 1863 Gov. Pierpoint ordered another arrest of Judge Thompson for the purpose of prisoner exchange. There were no charges against him and his arrest was for his use as a hostage.

"WHEELING, VA., May 1, 1863.

Major L. C. TURNER, Judge-Advocate:

George W. Thompson is held prisoners (sic) on account of suspicious movement of his for the past few days. He is also held as a hostage. His son is among the rebels now committing raids in West Virginia. I hold him by order of Governor Peirpoint and as an enemy of the Government whose surveillance for some days is requisite and demanded by the present state of affairs. I trust no influence can be brought to bear upon the Government to release him from custody until the rebels are driven out of this part of the State.

JOS. DARR, JR.,

Major and Provost-Marshal General" (OR, Series 2, Vol 5, part 1 pg. 545)

Whatever movement Major Darr deemed "suspicious", nothing of substance was produced at any of the hearings other than Judge Thompson's refusal to take the mixed oath.

The Official Records state, apparently in reply to an inqury by the Secretary of War:

"WHEELING, VA., May 2, 1863. Hon. E. M. STANTON:

There are no charges against G. W. Thompson. He is held as hostage. He has been exchanged and has not violated his implied parole to Judge Turner. J. THOMPSON." (OR, Series 2, Vol. 5, part 1 pg. 548)

On May 21, Dr. Thomas B. Camden of Weston, Lewis County, on his way to Camp Chase prison, was housed briefly at the Atheneum prison in Wheeling. "We found Judge G. W. Thompson of Wheeling, Mrs. J. N. Camden's [a sister-in-law] father, a prisoner there. When I started to step over a white line on the floor, he said, 'Don't do that.' I asked why. He said, 'That is the dead line, and if you pass it, the guard will fire.' Later I noticed a similar dead line at Camp Chase, some distance from the high fence. I did not pass [it] either. The judge gave us a can of peaches, saying, 'You'll need them.' I carried them to Camp Chase, and my wife and children enjoyed them in their prison a few days after we got there."

On June 24 a hearing was held on a writ of habeas corpus. The state representative was not present to resist the writ and the hearing was postponed. On June 25th Judge Thompson was granted bail in the amount of $5,000 upon condition that he return home and remain there. On the 29th the hearing continued, with the defense demanding evidence of any disloyal act committed by Judge Thompson. According to the Intelligencer-

"Mr. Caldwell replied that Thompson had refused to take the oath of allegiance. It was the mixed oath which he had refused to take. Mr. Caldwell insisted that he had refused to take the oath and that Col. Darr had so testified.

Judge Thompson then advanced towards Mr. Caldwell with apparently hostile intentions, when Mr. Caldwell looked at him and said-'You dare to lay a hand on me.' The court directed the Marshal to take charge of the gentleman when Deputy Irwin came forward and the little passage was cut short."

(OR Series II, Vol. VI, pgs 160-61)

July 31, 1863. The Secretary Of War:

The prisoner, George W. Thompson, appears to have been arrested by the provost-marshal of Western Virginia, or by soldiers acting under his direction. It does not, however, appear on what grounds or for what purpose the arrest was made, though from the returns of the jailer it would seem that he claimed to hold him as a hostage by order of the Governor as constitutional commander-in-chief of militia. The provost-marshal should be required to report at once for what offense and by what authority the prisoner was arrested, and the report when received will probably enable the Secretary to dispose of the case. This course is the more obviously proper since there is reason to apprehend that this arrest was made in violation of the declared purpose of the Department in reference to the prisoner. Major Turner, in speaking for the Secretary, stated to the provost-marshal that in case the prisoner had done nothing disloyal since his return he was not to be molested for anything that had occurred prior to his exchange, and Judge Jackson alleges in his opinion that the prisoner has not been charged as guilty of any disloyal practices since the time named. The seizing and holding of hostages in reprisal for captures made by the enemy is certainly an exercise of the war-making power, belonging exclusively to the General Government, and which cannot be shared by the Governor of the States without leading to deplorable complications.

             J. HOLT, Judge-Advocate- General

Although Judge Thompson's position had become anomalous, caught between two state governments, he still retained some influence and was able to arrange the arrest of Gov. Pierpont as he travelled into Ohio.

"A Wheeling paper says that Gov. Pierpont of West Virginia was arrested in Bridgport by the Sheriff of Belmont County, and held to bail in the sum of $10,000 for his appearance in the next term of court held for that County. The charge preferred against him is the false imprisonment in Wheeling of Judge Geo. Thompson." (NY Daily Tribune, Aug 10, 1863, pg. 4) The Belmont County Court decided against Judge Thompson, but he had caused Gov. Pierpont and the Wheeling government considerable embarrassment.

On Feb. 4, 1864, writing from St. Clairsville, OH, Judge Thomspon wrote to Congressman W.G. Brown of West Virginia to ask the Secretary of War if he could return home. On July 16, Louis H. Pelouze of the U.S. Adjutant-General's office informed Gov. Arthur Boreman of West Virginia that the Judge could return home if he took the oath. This time the oath did not include an oath to the Restored Government of Virginia, West Virginia was now officially a state of the United States and the Restored Government was now located in Alexandria, Virginia.

Not one to let a sleeping dog lie, Judge Thompson instituted a suit for false imprisonment against Gov. Pierpont in 1866. Although Pierpont was now the acting governor of Virginia in Richmond, the West Virginia legislature appropriated funds for Pierpont to defend himself against the suit.

When interviewed in 1875 by a reporter for the Wheeling Register, Judge Thompson, neary 70 years old, expressed his opinions on the aftermath of the war-

[Judge Thompson] "I have seen twenty great States arise and become parts of the republic, where there was wilderness when I was a boy. I have seen an empire established where there was a republic, after I had passed the prime of manhood."

[Interviewer] "That is strong language. You do not mean to say that we have the empire?"

[Judge Thompson] "I mean to say, that when the first irreversible step is taken of deliberately surrendering the liberties of the people to the armed authority of a President, at his own discretion; to suspend the habeas corpus, and to intrude his soldiery into the States, and control or interfere with their domestic management of their own affairs, the republican principle is surrendered and the empire is inaugurated. The forms of the republic will remain long after the substance of republicanism is eaten out of their vitalities. It was Greece; it was Rome; it is the turning point of American life."

[Interviewer] "You are, then, what is, or what was, called a 'strict constructionist'?"

[Judge Thompson] "Yes, but not a 'secessionist.' "

Judge Thompson died in Wheeling on February 24, 1888.

(I wish to thank Linda Fluharty for her help in putting this article together. You will find her website HERE.)