Mariman Greenup Pottinger, Confederate Sympathizer
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Special Order
No 175
A Military Commission to consist of
Lieut Col Wm L Duff, 2nd Ill Arty,
Major Gus R Edic, 15th Md Infantry
Capt Ed E Woodman, 18th Reg Mo Vol
is hereby appointed to meet at Columbus, KY on the 25th
day of August, 1862 or as soon thereafter as practicable, for
the trial of M. G. Pottinger and such other persons as may
be thought beneficial.
By order of
Brig Genl I F Quinby, Cmd'g Dist.
M Rielusten, A. A. Genl.
August 27th, 1862
The commission, in session, proceeded in pursuance of the
above order to the trial of M. G. Pottinger upon the
following Charges/Specifications:
[previous list of charges and specifications repeated here]
Signed by Samuel DeGolyer, Capt DeGolyer's Michigan
Arty.
The recorder having read to the prisoner, Mariman G.
Pottinger, the order convening the Commission, asked him
if he had any objection to any of the officer members
named therein, to which he replied in the negative.
The Commission was then duly sworn by the Recorder
and the Recorder was duly sworn by the Presiding Officer
in the presence of the prisoner.
The charges and Specifications were then read aloud
by the Recorder.
To which charges and Specifications the prisoner,
Mariman G Pottinger pleaded as follows:
To the first Specification, First Charge not guilty
To the second Specification, First Charge not guilty
third " " not guilty
" fourth " " not guilty
" fifth " " not guilty
" sixth " " not guilty
" seventh " " not guilty
" eighth " " guilty
" ninth " guilty
" First Charge not guilty
" Specification of Second Charge not guilty
" Second Charge not guilty
All persons required to give evidence were directed to
withdraw, and remain in waiting until called for.
Haley W Molder, a witness on the part of the
prosecution, being duly sworn, says: "I reside in
Mississippi County, Missouri near the mouth of James
Boyou. On the night of the 17th of August a marauding
party came to my house. I do not recognize the prisoner as
having been there with them. Do we know whether this
prisoner was a member of the band or not." (note: a Haly
Molder age 61 from Georgia, wife Elizabeth 46 and son
Brutus 17 were living in James Bayou, Mississippi,
Missouri according to the 1860 Federal Census)
The prisoner declined to interrogate the witness.
Jacob A Fowler, a witness on the part of the
prosecution, being duly sworn, says "Pottinger was not
with me at Molder's house on the night of the 17th of
August. He was not with us at the bank of the river."
Interrogated by the Commissioners.
Q. When did you first see the prisoner?
Ans. "On Monday morning the 18th was at a camp near
Colston's house. He had eighteen or twenty men with him
of which he spoke as his party trying to get out to the
Southern Army."
Q. What other conversation occurred between you and the
prisoner?
Ans. "We arranged to go out together next morning to join
the Confederate Army, each in command of his own party."
Q. What prevented from going?
Ans. "We were taken that day by Federal Troops"
Q. What did Pottinger do when you were attacked by the
troops?
Ans. He ran like all the rest of us. There were shots fired
but I don't know who fired them.
Q. How were you encamped?
Ans. We were all in one camp.
Q. What did the prisoner say about having the authority to
raise a band?
Ans. He said he had no authority but was just going out
with a few men.
Interrogated by the prisoner.
Q. Did I tell you that the party with me were my men, or
that I was captain?
Ans. No. All you said was that you had a few men and
were trying to get out to the Southern Army.
Q. Did you ever see me before that morning?
Ans. No. I never did.
James K Catlin, 1st Lieut 2nd Ill Cav, a witness on the part
of the prosecution, being duly sworn, testifies as follows:
(note: a James K Catlin is mentioned at
http://civilwar.ilgenweb.net/fs/cav002-fs.html)
Interrogated by the Commission.
Q. Were you in command of a detachment which captured
the prisoner on the 18th instant?
Ans. I was, and took this prisoner myself.

Q. Did you see the prisoner discharge any fire arms at your
command?
Ans. He fired a shot which killed the horse next mine. The
horse ? next mine as I passed the column.
Q. What conversation had you with the prisoner after his
capture?
Ans. Had some. He admitted firing upon my command,
but denied being with the party firing upon the boat,
acknowledged he was the leader of this party - said they
came from back of Wolf Island.
Q. How many of his men did you get?
Ans. From what prisoner said I got only four.
The prisoner declined to interrogate the witness.
The prosecution was then closed and the prisoner produced
the following evidence: H. W. Molder recalled on the part
of the prisoner.
Q What is my character as a peaceable man in the
community in which I live?
Ans. I have never heard anything against the prisoner as a
peaceable man. I live about nine miles from him.
The evidence for the defense was closed.
The prisoner was called on for his defense but had none to
offer.
This court then closed and proceeded to deliberate on the
testimony addressed and pronounced the following
Finding
The court, having maturely weighed and considered the
evidence addressed is of the opinion that the prisoner,
Meriman G Pottinger is of the 1st Specification, First
Charge: Guilty, two members of the commission ____.
" " 2nd Specification, First-charge not guilty
" " 3rd " " not guilty
" " 4th " " not guilty
" " 5th " " not guilty
" " 6th " " not guilty
" " 7th " " not guilty
" " 8th " " guilty
" " 9th " " guilty
Charge 1st guilty
Specification and Charge 2nd not guilty
Charge 2nd not guilty
And the commission does therefore sentence the said
Meriman G Pottinger to be punished by confinement in the
Military Prison at Alton Ill until the end of the present
rebellion, and by the liberation of all his slaves, if any he
has.
(Note: M. G. Pottinger owned 8 male slaves and 5 female
according to the 1860 Federal Census Slave Schedule).
(Information from Hardy Pottinger via e-mail, June 10, 2010).
(Comment)
 
Mariman Greenup Pottinger home at Gethsemane. On this site is where Butler and Geneva Pottinger built their new home that is now occupied by Quint and Leah Pottinger.
(Comment)
 
There is a family tradition that because of being a Confederate sympathizer, M G Pottinger was sent for a while to a Federal prison, while there became very sick, and that his son, Samuel Henry Pottinger, just a boy, managed to make his way, to the prison with medicine for his father.

Proceedings
Before a Military Commission
Case of
Mariman G. Pottinger
No. 2
Head District of the Miss.
Columbus Ky Sept 13th, 1862
The findings and sentence of this written case of Mariman
Pottinger are approved. Said Pottinger will accordingly be
sent without delay to the Military Prison at Alton Ill and all
his slaves are from this day free.
I F Quinby
Brig Genl ?
Comd'g Dist
(note: this is probably Isaac Ferdinand Quinby, Brigadier
General of Volunteers, US Army, from Morristown NJ. He
was in charge of the District of the Mississippi where his
forces captured Fort Pillow 22 May 1862.)
Charges and Specifications
Against
Mariman G. Pottinger
Charge 1st
"Violation of the Laws of War"
Specification 1st. In this that the said prisoner Mariman G.
Pottinger did belong to a marauding or guerilla band in the
State of Missouri, sometime during the month of August
1862, said marauding or guerrilla band having been raised
in violation of the Laws of War, without authority or
commission from the Government of the so-called
Confederate States of America or any other belligerent.
Specification 2nd. In this that the said prisoner Mariman G.
Pottinger while a member of a marauding or guerrilla band
as aforesaid, did, on or about the 17th day of August, 1862,
unlawfully plunder and take away, or assist in plundering
and taking away certain articles of clothing, fire arms, and
other property, belonging to one H. W. Molder, the said
Molder being a loyal citizen of the United States of
America, and a resident of the State of Missouri.
Specification 3rd: In this, that the said prisoner Mariman G.
Pottinger did belong to a marauding or guerrilla band as
aforesaid, which band or some of the members thereof,
while the said prisoner was a member thereof, did, on or
about the 17th day of August 1862 unlawfully plunder and
take away certain articles of clothing, fire arms and other
property belonging to one H W Molder aforesaid.
Specification 4th: In this that the said prisoner Mariman G.
Pottinger did on or about the 17th day of August 1862 while
a member of a marauding or guerrilla band as aforesaid
unlawfully plunder and take away or assist in plundering or
taking away a horse and other property belonging to one
John Claycomb the said Claycomb being a loyal citizen of
the United States of America and a resident of the State of
Missouri.
Specification 5th: In this, that the said prisoner Mariman G.
Pottinger did belong to a marauding or guerrilla band as
aforesaid, which band or some of the members thereof,
while the said prisoner was a member thereof, did on or
about the 17th day of August 1862 unlawfully plunder and
take away a horse and other property belonging to one John
Claycomb as aforesaid.
Specification 6th: In this that the said prisoner Mariman G.
Pottinger while a member of a marauding or guerrilla band
as aforesaid, did, on or about the 17th day of August, 1862,
unlawfully and in violation of the Laws of War, fire upon
an unarmed steamer pursuing her lawful occupation on the
Mississippi River somewhere between Cairo Ills and
Memphis Tenn.
Specification 7th: In this, that the said prisoner Mariman G.
Pottinger did belong to a marauding or guerrilla band as
aforesaid, which band or some of the members thereof,
while the said prisoner was a member thereof, did
unlawfully fire upon an unarmed steamer on the
Mississippi River as aforesaid.
Specification 8th: In this that the said prisoner Mariman G.
Pottinger while a member of a marauding or guerrilla band
as aforesaid did on or about the 18th day of August 1862 in
the State of Missouri violate the laws of war by firing
sundry shots at persons in the service of the United States
thereby wounding and otherwise endangering the lives of
said persons, the same being loyal citizens of the United
States of America.
Specification 9th: In this, that the said prisoner Mariman G.
Pottinger did belong to a marauding or guerrilla band as
aforesaid, which band or some of the members thereof,
while the said prisoner was a member thereof, did, on or
about the 18th day of August, 1862 in the State of Missouri,
violate the laws of war by firing sundry shots at persons in
the service of the United States as aforesaid.
Charge 2nd
Violation of the Oath of Allegiance to the United States
Specification: In this, that the said prisoner Mariman G
Pottinger did, sometime during the year 1862, take the Oath
of Allegiance to the Government of the United States, and
did violate the same by becoming a member of an unlawful
marauding or guerilla band, which band or some of the
members thereof, while the said prisoner was a member
thereof, did, in the State of Missori, on or about the 17th &
18th days of August, 1862, wage unlawful war against the
Government of the United States, by taking away or
plundering the property of loyal citizens of the United
States, by firing at an unarmed steamboat, pursuing her
lawful occupation on the Mississippi River and by firing at
loyal persons in the service of the United States.
Proceedings of a Military Commission which convened at
Columbus, Kentucky, August 25th, 1862 pursuant to the
following Special Order:
Hq Dist of the Miss,
Columbus, KY Aug 25th 1862
(Comment)