You're starting to pick this stuff up rather well. You hit the nail on the head with the conscription claim. Having been conscripted was a ticket away from the death penalty and to a prison, but at least alive. If not for that, the Federals would have found that the uncle violated his oath, too, and you now know what that means. That's why many, many members of Price's force who were captured were wise to claim they were conscripted, which means "forced to serve against their will." Actually, many hundreds of them really were conscripted. In the Union they called it the draft, and in the Confederacy they saw a guy and grabbed him and called it "conscription." That's basically how it worked. You see, Price's raid in the fall of 1864 was the last good chance the southern cause had in Missouri, and everybody knew it. Therefore, lots of southerners got into it to help including lots of guys with that oath hiding in the background ready to reach out and put them in front of a firing party if the campaign put them back in Union hands as prisoners. You are also correct that as the war dragged wearily on in Missouri there was a little more "give" to some of these situations. Even back in September 1863 the Benson case attracted a lot of sympathy even in the Missouri General Assembly, but it wasn't enough, soon enough, or in the right place and time to spare the doctor's life. There are several cases like this, and they still attract lots of attention even today, and the Charles Brownlee case was recently discussed in this forum. It's amazing how often Lincoln intervened in these things, mostly in 1864 and 1865 before his assassination, and I personally think not enough has been written about his humanity stepping in to mitigate the suffering of Missourians of all sides in this terrible war.

Another point is that as the Bible says in Romans 13:4 talking about obeying those appointed over us as government, which says "For he is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing." From the beginning of our country, anyone who violates the law tends to find more flexibility, more mercy, and more "wiggle-room" at the lower levels of law closer to the community level where more attention--especially in sentencing--is paid to extenuating circumstances. Even now, if a particular crime places a person in the hands of federal authority, they face a system much more stiff and less inclined to be lenient. That's simply the nature of it. I heard this from policemen and crime investigators and even one reformed criminal that I know. They all told me "Don't mess with the Feds."

Dr. Benson was foolish to approach the Federals without having somebody go in advance and sound them out. I wonder if his northern friend that advised him to turn himself in realized the doctor had violated his oath. It made a BIG difference. This was BAD advice.

Timing was rotten, too. That Lawrence raid on 21 August 1863 humiliated the Union authorities in Missouri, as well it should have, and that was partly the reason the raid was conducted. Frankly, Union leaders were out for blood and over 100 men died as a result in four or five counties from Saline County west. After that raid, the "dogs of war" were unleashed with no restraint for several weeks for the rest of August through September 1863, and I'm not kidding.

If you have any other questions, speak up. I wish you well in your hunt for more documentation.

Bruce Nichols