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diff --git a/42315-8.txt b/42315-8.txt deleted file mode 100644 index de0121d..0000000 --- a/42315-8.txt +++ /dev/null @@ -1,34181 +0,0 @@ -The Project Gutenberg EBook of The Rise and Fall of the Confederate -Government, Volume 2, by Jefferson Davis - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: The Rise and Fall of the Confederate Government, Volume 2 - -Author: Jefferson Davis - -Release Date: March 12, 2013 [EBook #42315] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK RIST, FALL OF CONFED. GOVT, VOL 2 *** - - - - -Produced by Tricia Groeneveld Text prepared from Google -Books: http://books.google.ca/books?id=F9gBAAAAMAAJ - - - - - -[Frontispiece: Jefferson Davis] - -THE RISE AND FALL OF THE CONFEDERATE GOVERNMENT. - -BY JEFFERSON DAVIS. - -VOLUME II - -NEW YORK: -D. APPLETON AND COMPANY, -1, 3, AND 5 BOND STREET. -1881. - -COPYRIGHT BY -JEFFERSON DAVIS, -1881. - - - - -CONTENTS. - -PART IV.--(Continued). - -_THE WAR._ - - -CHAPTER XV. - -Review of 1861.--Summary of Hostile Acts of United States -Government.--Fuller Details of some of them.--Third Session of -Provisional Congress.--Message.--Subjugation of the Southern States -intended.--Obstinacy of the Enemy.--Insensibility of the North as -to the Crisis.--Vast Preparation of the Enemy.--Embargo and -Blockade.--Indiscriminate War waged.--Action of Confederate -Congress.--Confiscation Act of United States Congress.--Declared -Object of the War.--Powers of United States Government.-- -Forfeitures inflicted.--Due Process of Law, how interpreted.--"Who -pleads the Constitution?"--Wanton Destruction of Private Property -unlawful--Adams on Terms of the Treaty of Ghent.--Sectional -Hatred.--Order of President Lincoln to Army Officers in Regard to -Slaves.--"Educating the People."--Fremont's Proclamation.-- -Proclamation of General T. W. Sherman.--Proclamation of General -Halleck and others.--Letters of Marque.--Our Privateers.--Officers -tried for Piracy.--Retaliatory Orders.--Discussion in the British -House of Lords.--Recognition as a Belligerent of the Confederacy.-- -Exchange of Prisoners.--Theory of the United States.--Views of -McClellan.--Revolutionary Conduct of United States Government.-- -Extent of the War at the Close of 1861.--Victories of the Year.-- -New Branches of Manufactures.--Election of Confederate States -President.--Posterity may ask the Cause of such Hostile Actions.-- -Answer. - - -CHAPTER XVI. - -Military Arrangements of the Enemy.--Marshall and Garfield.-- -Fishing Creek.--Crittenden's Report.--Fort Henry; its Surrender.-- -Fort Donelson; its Position.--Assaults.--Surrender.--Losses. - - -CHAPTER XVII. - -Results of the Surrender of Forts Henry and Donelson.--Retreat from -Bowling Green.--Criticism on General A. S. Johnston.--Change of -Plan necessary.--Evacuation of Nashville.--Generals Floyd and -Pillow.--My Letter to General Johnston.--His Reply.--My Answer.-- -Defense of General Johnston.--Battle of Elkhorn.--Topography of -Shiloh. - - -CHAPTER XVIII. - -General Buell's March.--Object of General Johnston.--His Force.-- -Advance from Corinth.-Line of Battle.--Telegram.--The Time of the -Battle of Shiloh.--Results of the First Day's Battle.--One -Encampment not taken.--Effects.--Reports on this Failure.--Death -of General Johnston.--Remarks. - - -CHAPTER XIX. - -Retirement of the Army.--Remnants of Grant's Army.--Its -Reënforcements.--Strength of our Army.--Strength of Grant's Army.-- -Reorganization.--Corinth.--Advance of General Halleck.--Siege of -Corinth.--Evacuation.--Retreat to Tupelo.--General Beauregard -retires.-General Bragg in Command.--Positions on the Mississippi -River occupied by the Enemy.--New Madrid.--Island No. 10.--Fort -Pillow.--Memphis.--Attack at Hatteras Inlet.--Expedition of the -Enemy to Port Royal.--Expeditions from Port Royal.--System of Coast -Defenses adopted by us.--Fort Pulaski. - - -CHAPTER XX. - -Advance of General McClellan toward Centreville; his Report.--Our -Forces ordered to the Peninsula.--Situation at Yorktown.--Siege by -General McCellan.--General Johnston assigned to Command; his -Recommendation.--Attack on General Magruder at Yorktown.--Movements -of McClellan.--The Virginia.--General Johnston retires.--Delay at -Norfolk.--Before Williamsburg.--Remark of Hancock.--Retreat up the -Peninsula.--Sub-terra Shells used.-Evacuation of Norfolk.--Its -Occupation by the Enemy. - -CHAPTER XXI. - -A New Phase to our Military Problem.--General Johnston's Position.-- -Defenses of James River.--Attack on Fort Drury.--Johnston crosses -the Chickahominy.--Position of McClellan.--Position of McDowell.-- -Strength of Opposing Forces.--Jackson's Expedition down the -Shenandoah Valley.--Panic at Washington and the North.--Movements -to intercept Jackson.--His Rapid Movements.--Repulses Fremont.-- -Advance of Shields.--Fall of Ashby.--Port Republic, Battle of.-- -Results of this Campaign. - - -CHAPTER XXII. - -Condition of Affairs.--Plan of General Johnston.--The Field of -Battle at Seven Pines.--The Battle.--General Johnston wounded.-- -Advance of General Sumner.--Conflict on the Right.--Delay of -General Huger.--Reports of the Enemy.--Losses.--Strength of -Forces.--General Lee in Command. - - -CHAPTER XXIII. - -The Enemy's Position.--His Intention.--The Plan of Operations.-- -Movements of General Jackson.--Daring and Fortitude of Lee.-- -Offensive-Defensive Policy.--General Stuart's Movement.--Order of -Attack.--Critical Position of McClellan.--Order of Mr. Lincoln -creating the Army of Virginia.--Arrival of Jackson.--Position of -the Enemy.--Diversion of General Longstreet.--The Enemy forced back -south of the Chickahominy.--Abandonment of the Railroad. - - -CHAPTER XXIV. - -Retreat of the Enemy.--Pursuit and Battle.-Night.--Further Retreat -of the Enemy.--Progress of General Jackson.--The Enemy at Frazier's -Farm.--Position of General Holmes.--Advance of General Longstreet.-- -Remarkable Features of the Battle.--Malvern Hill.--Our Position.--The -Attack.--Expedition of General Stuart.--Destruction of the Enemy's -Stores.--Assaults on the Enemy.--Retreat to Westover on the James.-- -Siege of Richmond raised.--Number of Prisoners taken.--Strength of our -Forces.--Strength of our Forces at Seven Pines and after.--Strength of -the Enemy. - - -CHAPTER XXV. - -Forced Emancipation.--Purposes of the United States Government at -the Commencement of 1862.--Subjugation or Extermination.--The -Willing Aid of United States Congress.--Attempt to legislate the -Subversion of our Social Institutions.--Could adopt any Measure -Self-Defense would justify.--Slavery the Cause of all Troubles, -therefore must be removed.--Statements of President Lincoln's -Inaugural.--Declaration of Sumner.--Abolition Legislation.--The -Power based on Necessity.--Its Formula.--The System of Legislation -devised.--Confiscation.--How permitted by the Law of Nations.-- -Views of Wheaton; of J. Q. Adams; of Secretary Marcy; of -Chief-Justice Marshall.--Nature of Confiscation and Proceedings.-- -Compared with the Acts of the United States Congress.--Provisions of -the Acts.--Five Thousand Millions of Property involved.--Another -Feature of the Act.--Confiscates Property within Reach.--Procedure -against Persons.--Held us as Enemies and Traitors.--Attacked us -with the Instruments of War and Penalties of Municipal Law.-- -Emancipation to be secured.--Remarks of President Lincoln on signing -the Bill.--Remarks of Mr. Adams compared.--Another Alarming -Usurpation of Congress.--Argument for it.--No Limit to the -War-Power of Congress; how maintained.--The Act to emancipate Slaves -in the District of Columbia.--Compensation promised.--Remarks of -President Lincoln.--The Right of Property violated.--Words of the -Constitution.--The Act to prohibit Slavery in the Territories.-The -Act making an Additional Article of War.-All Officers forbidden to -return Fugitives.--Words of the Constitution.--The Powers of the -Constitution unchanged in Peace or War.--The Discharge of Fugitives -commanded in the Confiscation Act.--Words of the Constitution. - - -CHAPTER XXVI. - -Forced Emancipation concluded.--Emancipation Acts of President -Lincoln.--Emancipation with Compensation proposed to Border -States.--Reasons urged for it.--Its Unconstitutionality.--Order of -General Hunter.--Revoked by President Lincoln.--Reasons.--"The -Pressure" on him.--One Cause of our Secession.--The Time to throw -off the Mask at Hand.--The Necessity that justified the President -and Congress also justified Secession.--Men united in Defense of -Liberty called Traitors.--Conference of President Lincoln with -Senators and Representatives of Border States.--Remarks of Mr. -Lincoln.--Reply of Senators and Representatives.--Failure of the -Proposition.--Three Hundred Thousand more Men called for.-- -Declarations of the Antislavery Press.--Truth of our Apprehensions.-- -Reply of President Lincoln.--Another Call for Men.--Further -Declarations of the Antislavery Press.--The Watchword adopted.-- -Memorial of So-called Christians to the President.--Reply of -President Lincoln.--Issue of the Preliminary Proclamation of -Emancipation.--Issue of the Final Proclamation.--The Military -Necessity asserted.--The Consummation verbally reached.--Words of -the Declaration of Independence.--Declarations by the United States -Government of what it intended to do.--True Nature of the Party -unveiled.--Declarations of President Lincoln.--Vindication of the -Sagacity of the Southern People.--His Declarations to European -Cabinets.--Object of these Declarations.--Trick of the Fugitive -Thief.--The Boast of Mr. Lincoln calmly considered. - - -CHAPTER XXVII. - -Naval Affairs.--Organization of the Navy Department.--Two Classes -of Vessels.--Experiments for Floating Batteries and Rams.--The -Norfolk Navy-Yard.--Abandonment by the Enemy.--The Merrimac -Frigate made an Ironclad.--Officers.--Trial-Trip.--Fleet of the -Enemy.--Captain Buchanan.--Resolves to attack the Enemy.--Sinks -the Cumberland.--Burns the Congress.--Wounded.--Executive Officer -Jones takes Command.--Retires for the Night.--Appearance of the -Monitor.--The Virginia attacks her.--She retires to Shoal Water.-- -Refuses to come out.--Cheers of English Man-of-war.--Importance of -the Navy-Yard.--Order of General Johnston to evacuate.--Stores -saved.--The Virginia burned.--Harbor Defenses at Wilmington.-- -Harbor Defenses at Charleston.--Fights in the Harbor.--Defenses of -Savannah.--Mobile Harbor and Capture of its Defenses.--The System -of Torpedoes adopted.--Statement of the Enemy.--Sub-terra Shells -placed in James River.--How made.--Used in Charleston Harbor; in -Roanoke River; in Mobile Harbor.--The Tecumseh, how destroyed. - - -CHAPTER XXVIII. - -Naval Affairs (continued).--Importance of New Orleans.--Attack -feared from up the River.--Preparations for Defense.--Strength of -the Forts.--Other Defenses.-The General Plan.--Ironclads.-- -Raft-Fleet of the Enemy.--Bombardment of the Forts commenced.-- -Advance of the Fleet.--Its Passage of the Forts.--Batteries below -the City.--Darkness of the Night.--Evacuation of the City by -General Lovell on Appearance of the Enemy.--Address of General -Duncan to Soldiers in the Forts.--Refusal to surrender.--Meeting of -the Garrison of Fort Jackson.--The Forts surrendered.--Ironclad -Louisiana destroyed.--The Tugs and Steamers.--The Governor Moore.-- -The Enemy's Ship Varuna sunk.--The McRae.--The State of the City -and its Defenses considered.--Public Indignation.--Its Victims.-- -Efforts made for its Defense by the Navy Department.--The -Construction of the Mississippi. - - -CHAPTER XXIX. - -Naval Affairs (continued).--Farragut demands the Surrender of New -Orleans.--Reply of the Mayor.--United States Flag hoisted.--Advent -of General Butler.--Barbarities.--Antecedents of the People.-- -Galveston.--Its Surrender demanded.--The Reply.--Another visit of -the Enemy's Fleet.--The Port occupied.--Appointment of General -Magruder.--Recapture of the Port.--Capture of the Harriet Lane.-- -Report of General Magruder.--Position and Importance of Sabine -Pass.--Fleet of the Enemy.--Repulse by Forty-four Irishmen.-- -Vessels captured.--Naval Destitution of the Confederacy at first.-- -Terror of Gunboats on the Western Rivers.--Their Capture.--The most -Illustrious Example.--The Indianola.--Her Capture.--The Ram -Arkansas.--Descent of the Yazoo River.--Report of her Commander.-- -Runs through the Enemy's Fleet.--Description of the Vessel.--Attack -on Baton Rouge.--Address of General Breckinridge.--Burning of the -Arkansas. - - -CHAPTER XXX. - -Naval Affairs (continued).--Necessity of a Navy.--Raphael Semmes.-- -The Sumter.--Difficulties in creating a Navy.--The Sumter at Sea.-- -Alarm.--Her Captures.--James D. Bullock.--Laird's Speech in the -House of Commons.--The Alabama.--Semmes takes Command.--The Vessel -and Crew.--Goes to Sea.--Banks's Expedition.--Magruder at -Galveston.--The Steamer Hattaras Sunk.--The Alabama not a Pirate.-- -An Aspinwall Steamer ransomed.--Other Captures.--Prizes burned.-- -At Cherbourg.--Fight with the Kearsarge.--Rescue of the Men.-- -Demand of the United States Government for the Surrender of the -Drowning Men.--Reply of the British Government.--Sailing of the -Oreto.--Detained at Nassau.--Captain Maffit.--The Ship Half -Equipped.--Arrives at Mobile.--Runs the Blockade.--Her Cruise.-- -Capture and Cruise of the Clarence.--The Captures of the Florida.-- -Captain C. M. Morris.--The Florida at Bahia.--Seized by the -Wachusett.--Brought to Virginia and sunk.--Correspondence.--The -Georgia.--Cruises and Captures.--The Shenandoah.--Cruises and -Captures.--The Atlanta.--The Tallahassee.--The Edith. - - -CHAPTER XXXI. - -Naval Affairs (concluded).--Excitement in the Northern States on the -Appearance of our Cruisers.--Failure of the Enemy to protect their -Commerce.--Appeal to Europe not to help the So-called "Pirates."-- -Seeks Iron-plated Vessels in England.--Statement of Lord Russell.-- -What is the Duty of Neutrals?--Position taken by President -Washington.--Letter of Mr. Jefferson.--Contracts sought by United -States Government.--Our Cruisers went to Sea unarmed.--Mr. Adams -asserts that British Neutrality was violated.--Reply of Lord -Russell.--Rejoinder of Mr. Seward.--Duty of Neutrals relative to -Warlike Stores.--Views of Wheaton; of Kent.--Charge of the Lord -Chief Baron in the Alexandra Case.--Action of the Confederate -Government sustained.--Antecedents of the United States -Government.--The Colonial Commissions.--Build and equip Ships in -Europe.--Captain Conyngham's Captures.--Made Prisoner.-- -Retaliation.--Numbers of Captures.--Recognition of Greece.-- -Recognition of South American Cruisers.--Chief Act of Hostility -charged on Great Britain by the United States Government.--The -Queen's Proclamation: its Effect.--Cause of the United States -Charges.--Never called us Belligerents.--Why not?--Adopts a -Fiction. The Reason.--Why denounce our Cruisers as "Pirates"?-- -Opinion of Justice Greer.--Burning of Prizes.--Laws of Maritime -War.--Cause of the Geneva Conference.--Statement of American -Claims.--Allowance.--Indirect Damages of our Cruisers.--Ships -transferred to British Registers.--Decline of American Tonnage.-- -Decline of Export of Breadstuffs.--Advance of Insurance. - - -CHAPTER XXXII. - -Attempts of the United States Government to overthrow States.-- -Military Governor of Tennessee appointed.--Object.--Arrests and -Imprisonments.--Measures attempted.--Oath required of Voters.--A -Convention to amend the State Constitution.--Results.--Attempt in -Louisiana.--Martial Law.--Barbarities inflicted.--Invitation of -Plantations.--Order of General Butler, No. 28.--Execution of -Mumford.--Judicial System set up.--Civil Affairs to be administered -by Military Authority.--Order of President Lincoln for a Provisional -Court.--A Military Court sustained by the Army.--Words of the -Constitution.--"Necessity," the reason given for the Power to create -the Court.--This Doctrine fatal to the Constitution; involves its -Subversion.--Cause of our Withdrawal from the Union.--Fundamental -Principles unchanged by Force.--The Contest is not over; the Strife -not ended.--When the War closed, who were the Victors?--Let the -Verdict of Mankind decide. - - -CHAPTER XXXIII. - -Further Attempts of the United States Government to overthrow -States.--Election of Members of Congress under the Military Governor -of Louisiana.--The Voters required to take an Oath to support the -United States Government.--The State Law violated.--Proposition to -hold a State Convention; postponed.--The President's Plan for making -a Union State out of a Fragment of a Confederate State.--His -Proclamation.--The Oath required.--Message.--"The War-Power our -Main Reliance."--Not a Feature of the Republican Government in the -Plan.--What are the True Principles?--The Declaration of -Independence asserts them.--Who had a Right to institute a -Government for Louisiana?--Its People only.--Under what Principles -could the Government of the United States do it?--As an Invader to -subjugate.--Effrontery and Wickedness of the Administration.--It -enforces a Fiction.--Attempt to make Falsehood as good as Truth.-- -Proclamation for an Election of State Officers.--Proclamation for a -State Convention.--The Monster Crime against the Liberties of -Mankind.--Proceedings in Arkansas.--Novel Method adopted to amend -the State Constitution.--Perversion of Republican Principles in -Virginia.--Proceedings to create the State of West Virginia.--A -Falsehood by Act of Congress.--Proceedings considered under -Fundamental Principles.--These Acts sustained by the United States -Government.--Assertion of Thaddeus Stevens.--East Virginia -Government.--Such Acts caused Entire Subversion of States.--Mere -Fictions thus constituted. - - -CHAPTER XXXIV. - -Address to the Army of Eastern Virginia by the President.--Army of -General Pope.--Position of McClellan.--Advance of General -Jackson.--Atrocious Orders of General Pope.--Letter of McClellan on -the Conduct of the War.--Letter of the President to General Lee.-- -Battle of Cedar Run.--Results of the Engagement.--Reënforcements to -the Enemy.--Second Battle of Manassas.--Capture of Manassas -Junction.--Captured Stores.--The Old Battle-Field.--Advance of -General Longstreet.--Attack on him.--Attack on General Jackson.-- -Darkness of the Night.--Battle at Ox Hill.--Losses of the Enemy. - - -CHAPTER XXXV. - -Return of the Enemy to Washington.--War transferred to the -Frontier.--Condition of Maryland.--Crossing the Potomac.-- -Evacuation of Martinsburg.--Advance into Maryland.--Large Force of -the Enemy.--Resistance at Boonesboro.--Surrender of Harper's -Ferry.--Our Forces reach Sharpsburg.--Letter of the President to -General Lee.--Address of General Lee to the People.--Position of -our Forces at Sharpsburg.--Battle of Sharpsburg.--Our Strength.-- -Forces withdrawn.--Casualties. - - -CHAPTER XXXVI. - -Efforts of the Enemy to obtain our Cotton.--Demands of European -Manufacturers.--Thousands of Operatives resorting to the -Poor-Rates.--Complaint of her Majesty's Secretary of State.--Letter -of Mr. Seward.--Promise to open all the Channels of Commerce.-- -Series of measures adopted by the United States.--Act of Congress.-- -Its Provisions.--Its Operation.--Unconstitutional Measures.-- -President Lincoln an Accomplice.--Not authorized by a State of -War.--Case before Chief-Justice Taney.--His Decision.--Expeditions -sent by the United States Government to seize Localities.--An Act -providing for the Appointment of Special Agents to seize Abandoned or -Captured Property.--The Views of General Grant.--Weakening his -Strength One Third.--Our Country divided into Districts, and Federal -Agents Appointed.--Continued to the Close of the War. - - -CHAPTER XXXVII. - -The Enemy crosses the Potomac and concentrates at Warrenton.-- -Advances upon Fredericksburg.--Its Position.--Our Forces.--The -Enemy crosses the Rappahannock.--Attack on General Jackson.--The -Main Attack.--Repulse of the Enemy on the Right.--Assaults on the -Left.--The Enemy's Columns broke and fled.--Recross the River.-- -Casualties.--Position during the Winter.--The Enemy again crosses -the Rappahannock.--Also crosses at Kelly's Ford.--Converging toward -Chancellorsville, to the Rear of our Position.--Inactivity on our -Front.--Our Forces concentrate near Chancellorsville and encounter -the Enemy.--Position of the Enemy.--Attempt to turn his Right.-- -The Enemy surprised and driven in the Darkness.--Jackson fired upon -and wounded.--Stuart in Command.--Battle renewed.--Fredericksburg -reoccupied.--Attack on the Heights.--Repulse of the Enemy.--The -Enemy withdraws in the Night.--Our Strength.--Losses.--Death of -General Jackson.--Another Account. - - -CHAPTER XXXVIII. - -Relations with Foreign Nations.--The Public Questions.--Ministers -abroad.--Usages of Intercourse between Nations.--Our Action.-- -Mistake of European Nations; they follow the Example of England and -France.--Different Conditions of the Belligerents.--Injury to the -Confederacy with a Single Exception.--These Agreements remained -inoperative.--Extent of the Pretended Blockade.--Remonstrances -against its Recognition.--Sinking Vessels to block up Harbors.-- -Every Proscription of Maritime Law violated by the United States -Government.--Protest.--Addition made to the Law by Great Britain.-- -Policy pursued favorable to our Enemies.--Instances.--Mediation -proposed by France to Great Britain, and Russian Letter of French -Minister.--Reply of Great Britain.--Reply of Russia.--Letter to -French Minister at Washington.--Various Offensive Actions of the -British Government.--Encouraging to the United States.--Hollow -Profession of Neutrality. - - -CHAPTER XXXIX. - -Advance of General E. K. Smith.--Advance of General Bragg.--Retreat -of General Buell to Louisville.--Battle at Perryville, Kentucky.-- -General Morgan at Hartsville.--Advance of General Rosecrans.-- -Battle of Murfreesboro.--General Van Dorn and General Price.-- -Battle at Iuka.--General Van Dorn.--Battle of Corinth.--General -Little.--Captures at Holly Springs.--Retreat of Grant to Memphis.-- -Operations against Vicksburg.--The Canal.--Concentration.--Raid of -Grierson.--Attack near Port Gibson.--Orders of General Johnston.-- -Reply of General Pemberton.--Baker's Creek.--Big Black Bridge.-- -Retreat to Vicksburg.--Siege.--Surrender.--Losses.--Surrender of -Port Hudson.--Some Movements for its Relief. - - -CHAPTER XL. - -Inactivity in Tennessee.--Capture of Colburn's Expedition.--Capture -of Streight's Expedition.--Advance of Rosecrans to Bridgeport.-- -Burnside in East Tennessee.--Our Force at Chattanooga.--Movement -against Burnside.--The Enemy moves on our Rear near Ringgold.-- -Battle at Chickamauga.--Strength and Distribution of our Forces.-- -The enemy withdraws.--Captures.--Losses.--The Enemy evacuates -Passes of Lookout Mountain.--His Trains captured.--Failure of -General Bragg to pursue.--Reënforcements to the Enemy, and Grant to -command.--His Description of the Situation.--Movements of the -Enemy.--Conflict at Chattanooga. - - -CHAPTER XLI. - -Movement to draw forth the Enemy.--Advance to Culpeper -Court-House.--Cavalry Engagement at Beverly's and Kelly's Fords.-- -Movement against Winchester.--Milroy's Force captured.-- -Prisoners.--The Enemy retires along the Potomac.--Maryland -entered.--Advance into Pennsylvania.--The Enemy driven back toward -Gettysburg.--Position of the Respective Forces.--Battle at -Gettysburg.--The Army Retires.--Prisoners.--The Potomac swollen.-- -No Interruption by the Enemy.--Strength of our Force.--Strength of -the Enemy.--The Campaign closed.--Observations.--Kelly's Ford.-- -Attempt to surprise our Army.--System of Breastworks.--Prisoners. - - -CHAPTER XLII. - -Subjugation of the States of Tennessee, Louisiana, Arkansas, and -Virginia.--Object of a State Government; its Powers are "Just -Powers"; how exercised; its Duty; necessarily sovereign; its Entire -Order; how founded; how destroyed.--The Crime against Constitutional -Liberty.--What is the Government of the United States?--It partakes -of the Nature of a Limited Partnership; its Peaceful Objects.-- -Distinction between the Governments of the States and that of the -United States.--Secession.--The Government of the United States -invades the State; refuses to recognize its Government; thus denies -the Fundamental Principle of Popular Liberty.--Founded a New State -Government based on the Sovereignty of the United States -Government.--Annihilation of Unalienable Rights.--Qualification of -Voters fixed by Military Power.--Condition of the Voter's Oath.-- -Who was the Sovereign in Tennessee?--Case of Louisiana.-- -Registration of Voters.--None allowed to register who could not or -would not take a Certain Oath; its Conditions.--Election of State -Officers.--Part of the State Constitution declared void.--All done -under the Military Force of the United States Government. - - -CHAPTER XLIII. - -Subjugation of the Border States, Maryland, Kentucky, and Missouri.-- -A Military Force invades Maryland and occupies Baltimore.--Martial -Law declared.--A Military Order.--Banishment from the State.-- -Civil Government of the State suspended.--Unalienable Rights of the -Citizens invaded.--Arrests of Citizens commenced.--Number.--Case -of John Merryman.--Opinion of Chief-Justice Taney.--Newspapers -seized.--Houses searched for Arms.--Order of Commanding General to -Marshals to put Test to Voters.--The Governor appeals to the -President.--His Reply.--Voters imprisoned.--Statement of the -Governor.--Result of the Election.--State Constitutional -Convention.--Emancipation hardly carried.--First Open _Measures_ in -Kentucky.--Interference at the State Election by the United States -Government.--Voters excluded.--Martial Law declared.--Soldiers -keeping the Polls.--The Vote.--Statement of the Governor.--Attempt -to enroll Able-bodied Negroes.--The Governor visits Washington.-- -The Result.--Arrests, Imprisonment, and Exile of Citizens.-- -Suspension of the Writ of _Habeas Corpus_ by President Lincoln.-- -Interference with the State Election.--Order to the Sheriffs.-- -Proclamation of the Governor.--Enlistment of Slaves.--Emancipation -by Constitutional Amendment.--Violent _Measures_ in Missouri.--The -Governor calls out the Militia.--His Words.--The Plea of the -Invader.--"The Authority of the United States is Paramount," said -President Lincoln.--Bravery of the Governor.--Words of the -Commanding General.--Troops poured into the State.--Proceedings of -the State Convention.--Numberless Usurpations.--Provisional -Governor.-Emancipation Ordinance passed. - - -CHAPTER XLIV. - -Subjugation of the Northern States.--Humiliating Spectacle of New -York.--"Ringing of a Little Bell."--Seizure and Imprisonment of -Citizens.--Number seized.--Paper Safeguards of Liberty.--Other -Safeguards.--Suspension of the Writ of _Habeas Corpus_ absolutely -forbidden with One Exception.--How done.--Not able to authorize -another.--Abundant Protective Provisions in New York, but all -failed.--Case of Pierce Butler.--Arrest of Secretary Cameron.--The -President assumes the Responsibility of the Crime.--No Heed given to -the Writ of _Habeas Corpus_ issued by the Court.--The Governor -passive.--Words of Justice Nelson--Prison overflowing.--How -relieved.--Oath required of Applicants for Relief.--Oath declined -by some.--Reasons.--Order forbidding the Employment of Counsel by -Prisoners.--Victims in almost Every Northern State.--Defeat at the -Elections.--Result.--Suit for Damages commenced.--Congress -interferes to protect the Guilty.--State Courts subjugated.--How -suspend _Habeas Corpus_.--Congress violates the Constitution.--What -was New York?--Writ suspended throughout the United States.-What is -"Loyalty"?--Military Domination.--Correspondence between General -Dix and Governor Seymour.--Seizure of Newspapers.--Governor orders -Arrest of Offenders.--Interference with the State Election.--Vote -of the Soldiers.--State Agents arrested.--Provost-Marshals -appointed in Every Northern State.--Their Duties.--Sustained by -Force.--Trials by Military Commission.--Trials at Washington.-- -Assassination of the President.--Trial of Henry Wirz.--Efforts to -implicate the Author.--Investigation of a Committee of Congress as -to Complicity in the Assassination.--Arrest, Trial, and Banishment -of Clement C. Vallandigham.--Assertions of Governor Seymour on the -Case. - - -CHAPTER XLV. - -Inactivity of the Army of Northern Virginia.--Expeditions of Custer, -Kilpatrick, and Dahlgren for the Destruction of Railroads, the -Burning of Richmond, and Killing the Officers of the Government.-- -Repelled by Government Clerks.--Papers on Dahlgren's Body.--Repulse -of Butler's Raid from Bermuda Hundred.--Advance of Sheridan repulsed -at Richmond.--Stuart resists Sheridan.--Stuart's Death.--Remarks -on Grant's Plan of Campaign.--Movement of General Butler.--Drury's -Bluff.--Battle there.--Campaign of Grant in Virginia. - - -CHAPTER XLVI. - -General Grant assumes Command in Virginia.--Positions of the -Armies.--Plans of Campaign open to Grant's Choice.--The Rapidan -crossed.--Battle of the Wilderness.--Danger of Lee.--The Enemy -driven back.--Flank Attack.--Longstreet wounded.--Result of the -Contest.--Rapid Flank Movement of Grant.--Another Contest.-- -Grant's Reënforcements.--Hanover Junction.--The Enemy moves in -Direction of Bowling Green.--Crosses the Pamunkey.--Battle at Cold -Harbor.--Frightful Slaughter.--The Enemy's Soldiers decline to -renew the Assault when ordered.--Loss.--Asks Truce to bury the -Dead.--Strength of Respective Armies.--General Pemberton.--The -Enemy crosses the James.--Siege of Petersburg begun. - - -CHAPTER XLVII. - -Situation in the Shenandoah Valley.--March of General Early.--The -Object.--At Lynchburg.--Staunton.--His Force.--Enters Maryland.-- -Attack at Monocacy.--Approach to Washington.--The Works.-- -Recrosses the Potomac.--Battle at Kernstown.--Captures.--Outrages -of the Enemy.--Statement of General Early.--Retaliation on -Chambersburg, Pennsylvania.--Battle near Winchester.--Sheridan's -Force routed.--Attack subsequently renewed with New Forces.-- -Incapacity of our Opponent.--Early falls back.--The Enemy -retires.--Early advances.--Report of a Committee of Citizens on -Losses by Sheridan's Orders.--Battle at Cedar Creek.--Losses, -Subsequent Movements, and Captures.--The Red River Campaign.-- -Repulse and Retreat of General Banks.--Capture of Fort Pillow. - - -CHAPTER XLVIII. - -Assignment of General J. E. Johnston to the Command of the Army of -Tennessee.--Condition of his Army.--An Offensive Campaign -suggested.--Proposed Objects to be accomplished.--General -Johnston's Plans.--Advance of Sherman.--The Strength of the -Confederate Position.--General Johnston expects General Sherman to -give Battle at Dalton.--The Enemy's Flank Movement via Snake Creek -Gap to Resaca.--Johnston falls back to Resaca.--Further Retreat to -Adairsville.--General Johnston's Reasons.--Retreat to Cassville.-- -Projected Engagement at Kingston frustrated.--Retreat beyond the -Etowah River.--Strong Position at Alatoona abandoned.--Nature of -the Country between Marietta and Dallas.--Engagements at New Hope -Church.--Army takes Position at Kenesaw.--Senator Hill's Letter.-- -Death of Lieutenant-General Polk.--Battle at Kenesaw Mountain.-- -Retreat beyond the Chattahoochee.--Results reviewed.--Popular -Demand for Removal of General Johnston.--Reluctance to remove him.-- -Reasons for Removal.--Assignment of General J. B. Hood to the -Command.--He assumes the Offensive.--Battle of Peach-tree Creek.-- -Death of General W. H. T. Walker.--Sherman's Movement to -Jonesboro.--Defeat of Hardee.--Evacuation of Atlanta.--Sherman's -Inhuman Order.--Visit to Georgia.--Suggested Operations.--Want of -coöperation by the Governor of Georgia.--Conference with Generals -Beauregard, Hardee, and Cobb, at Augusta.--Departure from Original -Plan.--General Hood's Movement against the Enemy's Communications.-- -Partial Successes.--Withdrawal of the Army to Gadsden and Movement -against Thomas.--Sherman burns Atlanta and begins his March to the -Sea.--Vandalism.--Direction of his Advance.--General Wheeler's -Opposition.--His Valuable Service.--Sherman reaches Savannah.-- -General Hardee's Command.--The Defenses of the City.--Assault and -Capture of Fort McAlister.--The Results.--Hardee evacuates Savannah. - - -CHAPTER XLIX. - -Exchange of Prisoners.--Signification of the Word "loyal."--Who is -the Sovereign?--Words of President Lincoln.--The Issue for which we -fought.--Position of the United States Government.--Letters of -Marque granted by us.--Officers and Crew First Prisoners of the -Enemy.--Convicted as "Pirates."--My Letter to President Lincoln.-- -How received.--Act of Congress relating to Prisoners.--Exchanges, -how made.-Answer of General Grant.--Request of United States -Congress.--Result.--Commissioners sent.--Agreement.--Disputed -Points.--Exchange arranged.--Order to pillage issued.--General -Pope's Order.--Proceedings.--Letter of General Lee relative to -Barbarities.--Answer of General Halleck.--Case of Mumford.--Effect -of Threatened Retaliation.--Mission of Vice-President Stephens.--A -Failure.--Excess of Prisoners.--Paroled Men.--Proposition made by -us.--No Answer.--Another Arrangement.--Stopped by General Grant.-- -His words, "Put the Matter offensively."--Exchange of Slaves.-- -Proposition of Lee to Grant.--Reply of Grant.--Further Reply.--His -Dispatch to General Butler.--Another Proposition made by us.--No -Answer.--Proposition relative to Sick and Wounded.--Some -exchanged.--The Worst Cases asked for to be photographed.-- -Proposition as to Medicines.--No Answer.--A Final Effort.-- -Deputation of Prisoners sent to Washington.--A Failure.-- -Correspondence between Ould and Butler.--Order of Grant.--Report of -Butler.--Responsibility of Grant for Andersonville.--Barbarities of -the United States Government.--Treatment of our Men in Northern -Prisons.--Deaths on Each Side. - - -CHAPTER L. - -Subjugation the Object of the Government of the United States.--The -only Terms of Peace offered to us.--Rejection of all Proposals.-- -Efforts of the Enemy.--Appearance of Jacques and Gilmore at -Richmond.--Proposals.--Answer.--Commissioners sent to Canada.-- -The Object.--Proceedings.--Note of President Lincoln.--Permission -to visit Richmond granted to Francis P. Blair.--Statement of my -Interview with him.--My Letter to him.--Response of President -Lincoln.--Three Persons sent by me to an Informal Conference.-- -Their Report.--Remarks of Judge Campbell.--Oath of President -Lincoln.--The Provision of the Constitution and his Proclamation -compared.--Reserved Powers spoken of in the Constitution.--What are -they, and where do they exist?--Terms of Surrender offered to our -Soldiers. - - -CHAPTER LI. - -General Sherman leaves Savannah.--His March impeded.--Difficulty In -collecting Troops to oppose him.--The Line of the Salkehatchie.-- -Route of the Enemy's Advance.--Evacuation of Columbia.--Its -Surrender by the Mayor.--Burning the City.--Sherman responsible.-- -Evacuation of Charleston.--The Confederate Forces in North -Carolina.--General Johnston's Estimate.--General Johnston assigned -to the Command.--The Enemy's Advance from Columbia to Fayetteville, -North Carolina.--"Foraging Parties."--Sherman's Threat and -Hampton's Reply.--Description of Federal "Treasure-Seekers" by -Sherman's Aide-de-Camp.--Failure of Johnston's Projected Attack at -Fayetteville.--Affair at Kinston.--Cavalry Exploits.--General -Johnston withdraws to Smithfield.--Encounter at Averysboro.-- -Battles of Bentonville.--Union of Sherman's and Schofield's -Forces.--Johnston's Retreat to Raleigh. - - -CHAPTER LII. - -Siege of Petersburg.--Violent Assault upon our Position.--A Cavalry -Expedition.--Contest near Ream's Station.--The City invested with -Earthworks.--Position of the Forces.--The Mine exploded, and an -Assault made.--Attacks on our Lines.--Object of the Enemy.--Our -Strength.--Assault on Fort Fisher.--Evacuation of Wilmington.-- -Purpose of Grant's Campaign.--Lee's Conference with the -President.--Plans.--Sortie against Fort Steadman.--Movements of -Grant farther to Lee's right.--Army retires from Petersburg.--The -Capitulation.--Letters of Lee. - - -CHAPTER LIII. - -General Lee advises the Evacuation of Richmond.--Withdrawal of the -Troops. The Naval Force.--The Conflagration in Richmond.--Telegram -of Lee to the President.--The Evacuation complete.--The Charge of -the Removal of Supplies intended for Lee's Army.--The Facts.-- -Arrangement with General Lee.--Proclamation.--Reports of Scouts. - - -CHAPTER LIV. - -Invitation of General Johnston to a Conference.--Its Object.--Its -Result.--Provisions on the Line of Retreat.--Notice of President -Lincoln's Assassination.--Correspondence between Johnston and -Sherman.--Terms of the Convention.--Approved by the Confederate -Government.--Rejected by the United States Government.-- -Instructions to General Johnston.--Disobeyed.--Statements of -General Johnston.--His Surrender.--Movements of the President -South.--His Plans.--Order of General E. E. Smith to his Soldiers.-- -Surrender.--Numbers paroled.--The President overtakes his Family.-- -His Capture.--Taken to Hampton Roads, and imprisoned in Fortress -Monroe. - - -CHAPTER LV. - -Number of the Enemy's Forces in the War.--Number of the Enemy's -Troops from Maryland, Kentucky, Missouri, and Tennessee.--Cruel -Conduct of the War.--Statements in 1862.--Statements in 1863.-- -Emancipation Proclamation.--Statements in 1864.--General Hunter's -Proceedings near Lynchburg.--Cruelties in Sherman's March through -South Carolina. - - -CHAPTER LVI. - -Final Subjugation of the Confederate States.--Result of the -Contest.--A Simple Process of Restoration.--Rejected by the United -States Government.--A Forced Union.--The President's Proclamation -examined.--The Guarantee, not to destroy.--Provisional Governors.-- -Their Duties.--Voters.--First Movement made in Virginia.-- -Government set up.--Proceedings.--Action of So-called Legislature.-- -Constitutional Amendment.--Case of Dr. Watson.--Civil Rights Bill.-- -Storm brewing.--Congress refuses to admit Senators and Representatives -to Seats.--Committee on "Reconstruction."--Freedmen's Bureau.--Report -of Committee.--Fourteenth Amendment to the Constitution.--Extent of -Ratification.--Another Step taken by Congress.--Military Commanders -appointed over Confederate States, with Unlimited Powers.-- -Reconstruction by the Bayonet.--Course of Proceedings required.--Two -Governments for Each State.--Major-Generals appointed.--Further Acts -of Congress.--Proceedings commenced by the Major-General at Richmond.-- -Civil Governor appointed.--Military Districts and Sub-districts.-- -Registration.--So-called State Convention.--So-called Legislature.--Its -Action.--Measures required by Congress for the Enfranchisement of -Negroes adopted by the So-called Legislature.--Assertion of Senator -Garret Davis.--State represented in Congress. - - -CHAPTER LVII. - -Final Subjugation of the Confederate States (continued).--Slaves -declared free by Military Commanders in North Carolina.--Provisional -Governor.--Convention.--Military Commander.--Governor-elect turned -out.--His Protest.--Members of Congress admitted.--Proceedings in -South Carolina.--Arrest of Judge Aldrich.--Military Reversal of -Sentence of the Court.--Post Commanders.--Jurors.--Proceedings in -Georgia.--President's Plan.--Plan of Congress enforced.--Other -Events.--Proceedings in Florida.--Rival Conventions.--Plan of -Congress enforced.--Proceedings in Alabama.--Suspension of Bishop -Wilmer by the Military Commander.--Military Authority.--Action of -Congress.--Proceedings in Mississippi.--Constitutionality of the -Act of Congress before the Supreme Court.--Remarks of Chief-Justice -Chase.--Military Arrests.--Removals.--The Chief-Justice of the -State resigns.--The So-called Constitution rejected.--Ames -appointed Governor.--Proceedings in Louisiana.--Plan of Congress -enforced.--Other Measures.--Arkansas.--Texas.--Opinion of the -United States Attorney-General on Military Commanders.--Consequences -that followed the Measures of Congress.--Increase in State Debts.-- -Increase in Frauds and Crimes.--Examples.--Investigating Committees -of Congress.--The Unalienable Rights of Man.--The Sovereignty of -the People and the Supremacy of Law gone. - - - - -LIST OF ILLUSTRATIONS. - - -Jefferson Davis - -General Braxton Bragg - -Davis House, at Richmond - -Lieutenant-General T. J. Jackson - -Members of The Confederate Cabinet - -Lieutenant-General James Longstreet - -General Wade Hampton - -General J. E. Johnston - -General John B. Hood - -Lieutenant-General William J. Hardee - - - - -MAPS. - -Battle-Field of Fort Donelson - -Map used by the Confederate Generals at Shiloh - -Battle of Shiloh - -Port Hudson - -Yorktown and Williamsburg - -Operations in Northern Virginia - -Operations around Richmond and Petersburg - -Battle of Fredericksburg - -Operations in Mississippi - -Operations in Kentucky and Tennessee - -Battle-Field of Chickamauga - -Battle of Gettysburg - -Operations in Georgia and Tennessee - -Fort Fisher - -Petersburg - -Retreat from Richmond and Petersburg - -Operations in Georgia and South Carolina - - - - -PART IV--(Continued). - -THE WAR. - - -CHAPTER XV. - - Review of 1861.--Summary of Hostile Acts of United States - Government.--Fuller Details of some of them.--Third Session of - Provisional Congress.--Message.--Subjugation of the Southern States - intended.--Obstinacy of the Enemy.--Insensibility of the North as - to the Crisis.--Vast Preparation of the Enemy.--Embargo and - Blockade.--Indiscriminate War waged.--Action of Confederate - Congress.--Confiscation Act of United States Congress.--Declared - Object of the War.--Powers of United States Government.-- - Forfeitures inflicted.--Due Process of Law, how interpreted.--"Who - pleads the Constitution?"--Wanton Destruction of Private Property - unlawful--Adams on Terms of the Treaty of Ghent.--Sectional - Hatred.--Order of President Lincoln to Army Officers in Regard to - Slaves.--"Educating the People."--Fremont's Proclamation.-- - Proclamation of General T. W. Sherman.--Proclamation of General - Halleck and others.--Letters of Marque.--Our Privateers.--Officers - tried for Piracy.--Retaliatory Orders.--Discussion in the British - House of Lords.--Recognition as a Belligerent of the Confederacy.-- - Exchange of Prisoners.--Theory of the United States.--Views of - McClellan.--Revolutionary Conduct of United States Government.-- - Extent of the War at the Close of 1861.--Victories of the Year.-- - New Branches of Manufactures.--Election of Confederate States - President.--Posterity may ask the Cause of such Hostile Actions.-- - Answer. - - -The inauguration of the permanent government, amid the struggles of -war, was welcomed by our people as a sign of the independence for -which all their sacrifices had been made, and the increased efforts -of the enemy for our subjugation were met by corresponding -determination on our part to maintain the rights our fathers left us -at whatever cost. We now enter upon those terrible scenes of wrong -and blood in which the government of the United States, driven to -desperation by our successful resistance, broke through every -restraint of the Constitution, of national law, of justice, and of -humanity. But, before commencing this fearful narration, let us sum -up the hostile acts and usurpations committed during the first year. - -Our people had been declared to be combinations of insurrectionists, -and more than one hundred and fifty thousand men had been called to -arms to invade our territory; our ports were blockaded for the -destruction of our regular commerce, and we had been threatened with -denunciation as pirates if we molested a vessel of the United States, -and some of our citizens had been confined in cells to await the -punishment of piracy; one of our States was rent asunder and a new -State constructed out of the fragment; every proposition for a -peaceful solution of pending issues had been spurned. An -indiscriminate warfare had been waged upon our peaceful citizens, -their dwellings burned and their crops destroyed; a law had been -passed imposing a penalty of forfeiture on the owner of any faithful -slave who gave military or naval service to the Confederacy, and -forbidding military commanders to interfere for the restoration of -fugitives; the United States Government had refused to agree to an -exchange of prisoners, and suffered those we had captured to languish -in captivity; it had falsely represented us in every court of Europe, -to defeat our efforts to obtain a recognition from foreign powers; it -had seized a portion of the members of the Legislature of one State -and confined them in a distant military prison, because they were -thought merely to sympathize with us, though they had not committed -an overt act; it had refused all the propositions of another State -for a peaceful neutrality, invaded her and seized important -positions, where not even a disturbance of the peace had occurred, -and perpetrated the most despotic outrages on her people; it rejected -the most conciliatory terms offered for the sake of peace by the -Governor of another State, claimed for itself an unrestricted right -to move and station its troops whenever and wherever its officers -might think it to be desirable, and persisted in its aggressions -until the people were involved in conflicts, and a provisional -government became necessary for their protection. Within the Northern -States, which professed to be struggling to maintain the Union, the -Constitution, its only bond, and the laws made in pursuance of it, -were in peaceful, undisputed existence; yet even there the Government -ruled with the tyrant's hand, and the provisions for the freedom of -speech, freedom of the press, and the personal liberty of the -citizen, were daily violated, and these sacred rights of man -suppressed by military force. - -But some of these hostile actions require here a more specific -consideration. They were the antecedents of oppressive measures which -the enemy strove to enforce upon us during the entire war. - -The third session of the Provisional Congress commenced at Richmond -on July 20, 1861, and ended on August 31st. At the previous session, -a resolution had been passed authorizing the President to cause the -several executive departments, with the archives thereof, to be -removed to Richmond at such time as he might determine prior to July -20th. In my message to the Congress of that date, the cause of -removal was stated to be, that the aggressive movements of the enemy -required prompt, energetic action; that the accumulation of his -forces on the Potomac sufficiently demonstrated that his first -efforts were to be directed against Virginia, and from no point could -necessary measures for her defense and protection be so effectively -provided as from her own capital. My remarks to Congress at this -session were confined to such important facts as had occurred during -the recess, and to the matters connected with the public defense. -"The odious features of the policy and purposes of the Government of -the United States stood revealed; the recent grant of a half million -of men and four hundred millions of dollars by their Congress, was a -confession that their intention was a subjugation of the Southern -States." - -The fact thus briefly presented in the message was established by the -course pursued since the first advent to power of those who had come -into possession of the sword and the purse of the Union. Not only by -the legislation cited was the intent to make war for the purpose of -subjugating the Southern States revealed, but also, and yet more -significantly, was the purpose manifested in the evasion and final -rejection of every proposition of the Southern States for a peaceful -solution of the issues arising from secession. - -Such extreme obstinacy was unnatural, unreasonable, and contrary to -the general precedents of history, except those which resulted in -civil war. This unfavorable indication was also observable in the -original party of abolition. Its intolerance had a violence which -neither truth nor justice nor religion could restrain, and it was -transferred undiluted to their successors. The resistance to the -demands of the States and persistence in aggressions upon them were -the occasion of constant apprehensions and futile warnings of their -suicidal tendency on the part of the statesmen of the period. For -thirty years had patriotism and wisdom pointed to dissolution by this -perverse uncharitableness. Had the North been contending for a -principle only, there would have been a satisfactory settlement, not -indeed by compromising the principle, but by adjusting the manner of -its operation so that only good results should ensue. But when the -contest is for supremacy on one side and self-defense on the other-- -when the aim of the aggressor is "power, plunder, and extended -rule"--there will be no concessions by him, no compromises, no -adjustment of results. The alternative is subjugation by the sword, -or peace by absolute submission. The latter condition could not be -accepted by us. The former was, therefore, to be resisted as best we -might. - -An amazing insensibility seemed to possess a portion of the Northern -people as to the crisis before them. They would not realize that -their purpose of supremacy would be so resolutely resisted; that, if -persisted in, it must be carried to the extent of bloodshed in -sectional war. With them the lust of dominion was stronger than the -sense of justice or of the fraternity and the equal rights of the -States, which the Union was formed to secure, and so they were blind -to palpable results. Otherwise they must have seen, when the remnants -of the old Whig party joined hands with abolitionism, that it was -like a league with the spirit of evil, in which the conditions of the -bond were bestowal of power on one side, and the commission of deeds -meet for disunion on the other. The honest masses should have -remembered that when scheming leaders abandon principle, and adopt -the ideas of dreamers and fanatics, the ladder on which they would -mount to power is one on which they can not return, and upon which it -would be a fatal delusion to follow. - -The reality of armed resistance on our part the North was slow to -comprehend. The division of sentiment at the South on the question of -the _expediency_ of immediate secession, was mistaken for the -existence of a submission party, whereas the division was confined to -expediency, and wholly disappeared when our territory was invaded. -Then was revealed to them the necessity of defending their homes and -liberties against the ruthless assault on both, and then -extraordinary unanimity prevailed. Then, as Hamilton and Madison had -stated, war against the States had effected the deprecated -dissolution of the Union. - -Adjustment by negotiation the United States Government had rejected, -and had chosen to attempt our subjugation. This course, adopted -without provocation, was pursued with a ferocity that disregarded all -the laws of civilized warfare, and must permanently remain a stain -upon the escutcheon of a Government once bright among the nations. -The vast provision made by the United States in the material of war, -the money appropriated, and the men enrolled, furnished a sufficient -refutation to the pretense that they were only engaged in dispersing -rioters, and suppressing unlawful combinations too strong for the -usual course of judicial proceedings. - -Further, they virtually recognized the separate existence of the -Confederate States by an interdictive embargo, and blockade of all -commerce between them and the United States, not only by sea but by -land; not only with those who bore arms, but with the entire -population of the Confederate States. They waged an indiscriminate -war upon all: private houses in isolated retreats were bombarded and -burned; grain-crops in the field were consumed by the torch; and, -when the torch was not applied, careful labor was bestowed to render -complete the destruction of every article of use or ornament -remaining in private dwellings after their female inhabitants had -fled from the insults of brutal soldiers; a petty war was made on the -sick, including women and children, by carefully devised measures to -prevent them from obtaining the necessary medicines. Were these the -appropriate means by which to execute the laws, and in suppressing -rioters to secure tranquillity and preserve a voluntary union? Was -this a government resting on the consent of the governed? - -At this session of the Confederate Congress additional forces were -provided to repel invasion, by authorizing the President to accept -the services of any number of volunteers not exceeding four hundred -thousand men. Authority was also given for suitable financial -measures hereafter stated, and the levy of a tax. An act of -sequestration was also adopted as a countervailing measure against -the operations of the confiscation law enacted by the Congress of the -United States on August 6, 1861. - -This act of the United States Congress, with its complement passed in -the ensuing year, will be considered further on in these pages. One -of the most indicative of the sections, however, provided that, -whenever any person, claimed to be held to labor or service under the -laws of any State, shall be permitted, by the person to whom such -labor or service is claimed to be due, to take up arms against the -United States, or to work, or to be employed in or upon any fort, -intrenchment, etc., or in any military or naval service whatever -against the Government of the United States, the person to whom such -labor is claimed to be due shall forfeit his claim, and, to any -attempt to enforce it, a statement of the facts shall be a sufficient -answer. The President of the United States, in his message of -December 3, 1861, stated that numbers of persons held to service had -been liberated and were dependent on the United States, and must be -provided for in some way. He recommended that steps be taken for -colonizing them at some places in a climate congenial to them. - -As the President and the Congress of the United States had declared -this to be a war for the preservation of the Constitution, it may not -be out of place to see what course they now undertook to pursue under -the pretext of preserving the Constitution of the United States. It -had been conceded in all time that the Congress of the United States -had no power to legislate on slavery in the States, and that this was -a subject for State legislation. It was one of the powers not granted -in the Constitution, but "reserved to the States respectively." [1] -All the powers of the Federal Government were delegated to it by the -States, and all which were reserved were withheld from the Federal -Government, as well in time of war as in peace. The conditions of -peace or war made no change in the powers granted in the -Constitution. The attempt, therefore, by Congress, to exercise a -power of confiscation, one not granted to it, was a mere usurpation. -The argument of forfeiture for treason does not reach the case, -because there could be no forfeiture until after conviction, and the -Constitution says, "No attainder of treason shall work corruption of -blood or forfeiture except during the life of the person -attainted." [2] The confiscation act of 1861 undertook to convict and -sentence without a trial, and entirely to deprive the owner of slaves -of his property by giving final freedom to the slaves. Still further -to show how regardless the United States Government was of the -limitations imposed upon it by the compact of Union, the reader is -referred to the fifth article of the first amendment, being one of -those cases in which the people of the several States, in an -abundance of caution, threw additional protection around rights which -the framers of the Constitution thought already sufficiently guarded. -The last two clauses of the article read thus: No person "shall be -deprived of life, liberty, or property, without due process of law; -nor shall private property be taken for public use, without just -compensation." - -Here was a political indictment and conviction by the Congress and -President, with total forfeitures inflicted in palpable violation of -each and of all the cited clauses of the Constitution. - -One can scarcely anticipate such effrontery as would argue that "due -process of law" meant an act of Congress, that judicial power could -thus be conferred upon the President, and private property be -confiscated for party success, without violating the Constitution -which the actors had sworn to support. - -The unconstitutionality of the measure was so palpable that, when the -bill was under consideration, Mr. Thaddeus Stevens, a member of -Congress from Pennsylvania, said: "I thought the time had come when -the laws of war were to govern our action; when constitutions, if -they stood in the way of the laws of war in dealing with the enemy, -had no right to intervene. Who pleads the Constitution against our -proposed action?" [3] This subject is further considered in subsequent -chapters on the measures of emancipation adopted by the United States -Government. - -It is to be remembered in this connection that pillage and the wanton -destruction of private property are not permitted by the laws of war -among civilized nations. When prosecuting the war with Mexico, we -respected private property of the enemy; and when in 1781 Great -Britain, attempting to reduce her revolted American colonies, took -possession of the country round and about Point Comfort (Fortress -Monroe), the homes quietly occupied by the rebellious people were -spared by the armies of the self-asserting ruler of the land. At a -later date, war existed between Great Britain and the independent -States of the Union, during which Great Britain got possession of -various points within the States. At the Treaty of Ghent, 1815, by -which peace was restored to the two countries, it was stipulated in -the first article that all captured places should be restored -"without causing any destruction, or carrying away any of the -artillery or other public property originally captured in the said -forts or places, and which shall remain therein upon the exchange of -the ratifications of this treaty; or any slaves or other private -property." Persistent efforts were made to avoid the return of -deported slaves, and it was attempted to put them in the category of -artillery which had been removed before the exchange of ratification. -Mr. John Quincy Adams, first as United States Minister to England, -and subsequently as United States Secretary of State, conducted with -great vigor and earnestness a long correspondence to maintain the -true construction of the treaty as recognizing and guarding the right -of private property in slaves. In his letter to Viscount Castlereagh, -the British Secretary of State for Foreign Affairs, after explaining -the distinction between "artillery or other public property" and -"slaves or other private property," as used in the treaty, and why it -might be impracticable, if they had been removed, to return the -former, but that the reasons did not apply to the latter, for, he -proceeds to say, "Private property, not having been subject to -legitimate capture with the places, was not liable to the reason of -limitation." In the same letter, Mr. Adams writes: "Merchant-vessels -and effects captured on the high-seas are, by the laws of war between -civilized nations, lawful prize, and by the capture become the -property of the captors. . . . But, as by the same usages of -civilized nations, private property is not the subject of lawful -capture in war upon the land, it is perfectly clear that, in every -stipulation, private property shall be respected; or that, upon the -restoration of places taken during the war, it shall not be carried -away." (See "American State Papers," vol. iv, pp. 122, 123.) -Sectional hostility and party zeal had not then so far undermined the -feeling of fraternity which generated the Union as to make a public -officer construe the Constitution as it might favor or injure one -section or another, and Great Britain was, from a sense of right, -compelled to recognize the wrong done in deporting slaves, the -private property of American citizens. - -On the 4th of December, 1861, the President of the United States -issued an order to the commander-in-chief relative to slaves as above -mentioned, in which he said, "Their arrest as fugitives from service -or labor should be immediately followed by the military arrest of the -parties making the seizure." Had Congress and the President made new -laws of war? - -Although the Government of the United States did not boldly proclaim -the immediate emancipation of all slaves, the tendency of all its -actions was directly to that end. To use a favorite expression of its -leaders, the Northern people were not at that time "educated up to -the point." A revolt from too sudden a revelation of its entire -policy was apprehended. Even as late as July 7, 1862, General -McClellan wrote to the authorities at Washington from the vicinity of -Richmond, "A declaration of radical views, especially upon slavery, -will rapidly disintegrate our armies." Nevertheless, when policy -indicated it, the declaration came, as will be seen hereafter. -Meantime, General Fremont, in command in Missouri, issued a -proclamation on August 31, 1861, declaring the property, real and -personal, of all persons in arms against the United States, or taking -an active part with their enemies, to be confiscated, and their -slaves to be free men. This was subsequently modified to conform to -the terms of the above-mentioned confiscation act. General Thomas W. -Sherman, commanding at Port Royal, in South Carolina, was instructed, -on October 14, 1861, to receive all persons, whether slaves or not, -and give them employment, "assuring all loyal masters that Congress -will provide just compensation to them for the loss of the services -of the persons so employed." To others no relief was to be given. -This was, by confiscation, to punish a class of citizens, in the -emancipation of every slave whose owner rendered support to the -Confederate States. Finally, General Halleck, who succeeded Fremont, -and General Dix, commanding near Fortress Monroe, issued orders not -to permit slaves to come within their lines. They were speedily -condemned for this action, because it put a stop to the current of -emancipation, which will be hereafter narrated. - -Reference has been made to our want of a navy, and the efforts made -to supply the deficiency. The usual resort under such circumstances -to privateers was, in our case, without the ordinary incentive of -gain, as all foreign ports were closed against our prizes, and, our -own ports being soon blockaded, our vessels, public or private, had -but the alternative of burning or bonding their captures. To those -who, nevertheless, desired them, letters of marque were granted by -us, and there was soon a small fleet of vessels composed of those -which had taken out these letters, and others which had been -purchased and fitted out by the Navy Department. They hovered on the -coasts of the Northern States, capturing and destroying their -vessels, and filling the enemy with consternation. The President of -the United States had already declared in his proclamation of April -19th, as above stated, that "any person, who, under the pretended -authority of the said (Confederate) States, should molest a vessel of -the United States, or the persons or cargo on board," should be held -amenable to the laws of the United States for the prevention of -piracy. This was another violation of international law, another -instance of arrogant disregard for universal opinion. The threat, if -meant for intimidation, and to deprive the Confederacy of one of the -usual weapons of war, was unbecoming the head of a Government. To -have executed it upon a helpless prisoner, would have been a crime -intensified by its cowardice. Happily for the United States, the -threat was not executed, but the failure to carry out the declared -purpose was coupled with humiliation, because it was the result of a -notice to retaliate as fully as might need be to stop such a -barbarous practice. To yield to the notice thus served, was a -practical admission by the United States Government that the -Confederacy had become a power among the nations. - -On June 3, 1861, the little schooner Savannah, previously a -pilot-boat in Charleston Harbor and sailing under a commission issued -by authority of the Confederate States, was captured by the United -States brig Perry. The crew were placed in irons and sent to New -York. It appeared, from statements made without contradiction, that -they were not treated as prisoners of war, whereupon a letter was -addressed by me to President Lincoln, dated July 6th, stating -explicitly that, "painful as will be the necessity, this Government -will deal out to the prisoners held by it the same treatment and the -same fate as shall be experienced by those captured on the Savannah; -and, if driven to the terrible necessity of retaliation by your -execution of any of the officers or crew of the Savannah, that -retaliation will be extended so far as shall be requisite to secure -the abandonment of a practice unknown to the warfare of civilized -man, and so barbarous as to disgrace the nation which shall be guilty -of inaugurating it." A reply was promised to this letter, but none -came. Still later in the year the privateer Jefferson Davis was -captured, the captain and crew brought into Philadelphia, and the -captain tried and found guilty of piracy and threatened with death. -Immediately I instructed General Winder, at Richmond, to select one -prisoner of the highest rank, to be confined in a cell appropriated -to convicted felons, and treated in all respects as if convicted, and -to be held for execution in the same manner as might be adopted for -the execution of the prisoner of war in Philadelphia. He was further -instructed to select thirteen other prisoners of the highest rank, to -be held in the same manner as hostages for the thirteen prisoners -held in New York for trial as pirates. By this course the infamous -attempt made by the United States Government to commit judicial -murder on prisoners of war was arrested. - -The attention of the British House of Lords was also attracted to the -proclamation of President Lincoln, threatening the officers and crew -of privateers with the punishment of piracy. It led to a discussion -in which the Earl of Derby said: "He apprehended that, if one thing -was clearer than another, it was that privateering was not piracy; -and that no law could make that piracy, as regarded the subjects of -one nation which was not piracy by the law of nations. Consequently, -the United States must not be allowed to entertain this doctrine, and -to call upon her Majesty's Government not to interfere." The Lord -Chancellor said: "There was no doubt that, if an Englishman engaged -in the service of the Southern States, he violated the laws of his -country and rendered himself liable to punishment, and that he had no -right to trust to the protection of his native country to shield him -from the consequences of his act. But, though that individual would -be guilty of a breach of the law of his own country, he could not be -treated as a pirate, and those who treated him as a pirate would be -guilty of murder." - -The appearance of this little fleet on the ocean made it necessary -for the powers of Europe immediately to define their position -relative to the contending powers. Great Britain, adopting a position -of neutrality, and recognizing both as belligerents, interdicted the -armed ships and privateers of both from carrying prizes into the -waters of the United Kingdom or its colonies. All the other powers -recognized the Confederate States to be belligerents, but closed -their ports against the admission of prizes captured by either -belligerent. - -It is worthy of notice that the United States Government (though it -had previously declined) at this time notified the English and French -Governments that it was now willing to adhere to all the conditions -of the Paris Congress of 1856, provided the clause abolishing -privateers might apply to the Confederate States. The offer, with the -proviso, was honorably declined by both France and England. - -In the matter of the exchange of prisoners, which became important in -consequence of these retaliatory measures, and the number taken by -our troops at Manassas, the people of the Northern States were the -victims of incessant mortification and distress through the -vacillating and cruel conduct of their Government. It based all its -immense military movements on the theory that "the laws of the United -States have been for some time past and now are opposed and the -execution thereof obstructed, . . . by combinations too powerful to -be suppressed" by the ordinary methods. Under this theory the United -States are assumed to be one nation, and the distinctions among them -of States are as little recognized as if they did not exist. This -theory was false, and thereby led its originators into constant -blunders. When the leaders of a government aspire to the acquisition -of absolute, unlimited power, and the sword is drawn to hew the way, -it would be more logical and respectable to declare the laws silent -than to attempt to justify unlawful acts by unwarranted legislation. -If their theory had been true, then their prisoners of war were -insurrectionists and rebels, and guilty of treason, and hanging would -have been the legitimate punishment. Why were they not hung? Not -through pity, but because the facts contradicted the theory. The -"combinations" spoken of were great and powerful States, and the -danger was that the North would be the greater sufferer by our -retaliation. There was no humane course but to exchange prisoners -according to the laws of war. With this the Government of the United -States refused to comply, lest it might be construed into an -acknowledgment of belligerent rights on our part, which would explode -their theory of insurrectionary combinations, tend to restore more -correct views of the rights and powers of the States, and expose in -its true light their efforts to establish the supreme and unlimited -sovereignty of the General Government. The reader may observe the -tenacity with which the authorities at Washington, and, behind them, -the Northern States, clung to this theory. Upon its strict -maintenance depended the success of their bloody revolution to secure -absolute supremacy over the States. Upon its failure, the dissolution -of the Union would have been established; constitutional liberty -would have been vindicated; the hopes of mankind in the modern -institutions of federation fulfilled; and a new Union might have been -formed and held together with a bond of fraternity and not by the -sword, as under the above revolutionary theory. - -By the exchange of prisoners, nothing was conceded except what was -evident to the world--that actual war existed, and that a Christian -people should at least conduct it according to the usages of -civilized nations. But sectional hate and the vain conceit of newly -acquired power led to the idle prophecy of our speedy subjection, and -hence the Government of the United States refused to act as required -by humanity and the usages of civilized warfare. At length, moved by -the clamors of the relatives and friends of the prisoners we held, -and by fears of retaliation, it covertly submitted to abandon its -declared purpose, and to shut its eyes while the exchanges were made -by various commanders under flags of truce. Thus some were exchanged -in New York, Washington, Cairo, and Columbus, Kentucky, and by -General McClellan in western Virginia and elsewhere. On the whole, -the partial exchanges were inconsiderable and inconclusive as to the -main question. The condition at the close of the year 1861, summarily -stated, was that soldiers captured in battle were not protected by -the usage of "exchange," and citizens were arrested without due -process of law, deported to distant States, and incarcerated without -assigned cause. All this by persons acting under authority of the -United States Government, but in disregard of the United States -Constitution, which provides that "no person shall be held to answer -for a capital or otherwise infamous crime, unless on a presentment or -an indictment of a grand jury, nor be deprived of life, liberty, or -property without due process of law." [4] "The right of the people to -be secure in their persons, houses, papers, and effects, against -unreasonable searches and seizures shall not be violated." [5] These -provisions were of no avail to protect the citizens from the -outrages, because those who derived their authority from the -Constitution used that authority to violate its guarantees. It has -been stated that the rule upon which the United States Government was -conducting affairs was entirely revolutionary. Its efforts to clothe -the Government of the Union with absolute power involved the -destruction of the rights of the States and the subversion of the -Constitution. Hence on every occasion the provisions of the -Constitution afforded no protection to the citizens: their rights -were spurned; their persons were seized and imprisoned beyond the -reach of friends; their houses sacked and burned. If they pleaded the -Constitution, the Government of the Constitution was deaf to them, -unsheathed its sword, and said the Union was at stake; and the -Constitution, which was the compact of union, must stand aside. This -was indeed a revolution. A constitutional government of limited -powers derived from the people was transformed into a military -despotism. The Northern people were docile as sheep under the change, -reminding one of the words of the Psalmist: "All we, like sheep, have -gone astray." - -Posterity may ask with amazement. What cause could there have been -for such acts by a government that was ordained "to form a more -perfect union, establish justice, insure domestic tranquillity, -provide for the common defense, promote the general welfare, and -secure the blessings of liberty to ourselves and our posterity"? -Posterity may further ask, Where could a government of limited -powers, constructed only for certain general purposes--and on the -principle that all power proceeds from the people, and that "the -powers not delegated by the Constitution, nor prohibited by it to the -States, are reserved to the States respectively, or to the people"-- -find a grant of power, or an authority to perpetrate such injuries -upon the States and the people? As to the first question, it may be -said: There was no external cause for such acts. All foreign nations -were at peace with the United States. No hostile fleets were hovering -on her coasts, nor immense foreign armies threatening to invade her -territory. The cause, if any plausible one existed, was entirely -internal. It lay between it and its citizens. If it had treated them -with injustice and oppression, and threatened so to continue, it had -departed from the objects of its creation, and they had the resulting -right to dissolve it. - -Who was to be the umpire in such a case? Not the United States -Government, for it was the creature of the States; it possessed no -inherent, original sovereignty. The Constitution says, "The powers -not delegated to the United States by the Constitution, nor -prohibited by it to the States, are reserved to the States -respectively, or to the people." [6] The umpireship is, therefore, -expressly on the side of the States, or the people. When the State of -South Carolina, through a sovereign convention, withdrew from the -Union, she exercised the umpireship which rightly belonged to her, -and which no other could exercise for her. This involved the -dissolution of the Union, and the extinction of the Government of the -United States so far as she was concerned; but the officers of that -Government, instead of justly acquiescing in that which was -constitutionally and legally inevitable, drew the sword, and resolved -to maintain by might that which had no longer existence by right. A -usurpation thus commenced in wrong was the mother of all the -usurpations and wrongs which followed. The unhallowed attempt to -establish the absolute sovereignty of the Government of the United -States, by the subjugation of States and their people, brought forth -its natural fruit. Well might the victim of the guillotine exclaim, -"O Liberty, what crimes are committed in thy name!" - -As to the other question--Where could a government of limited powers -find authority to perpetrate such injuries upon its own -constituents?--an answer will be given in succeeding pages. - -Up to the close of the year the war enlarged its proportions so as to -include new fields, until it then extended from the shores of the -Chesapeake to the confines of Missouri and Arizona. Sudden calls from -the remotest points for military aid were met with promptness enough -not only to avert disaster in the face of superior numbers, but also -to roll back the tide of invasion on the border. - -At the commencement of the war the enemy were possessed of certain -strategic points and strong places within the Confederate States. -They greatly exceeded us in numbers, in available resources, and in -the supplies necessary for war. Military establishments had been long -organized, and were complete; the navy and the army, once common to -both, were in their possession. To meet all this we had to create not -only an army in the face of war itself, but also military -establishments necessary to equip and place it in the field. The -spirit of the volunteers and the patriotism of the people enabled us, -under Providence, to grapple successfully with these difficulties. A -succession of glorious victories at Bethel, Manassas, Springfield, -Lexington, Leesburg, and Belmont, checked the invasion of our soil. -After seven months of war the enemy had not only failed to extend -their occupancy of the soil, but new States and Territories had been -added to our confederacy. Instead of their threatened march of -unchecked conquest, the enemy were driven at more than one point to -assume the defensive; and, upon a fair comparison between the two -belligerents, as to men, military means, and financial condition, the -Confederate States were relatively much stronger at the end of the -year than when the struggle commenced. - -The necessities of the times called into existence new branches of -manufactures, and gave a fresh impulse to the activity of those -previously in operation, and we were gradually becoming independent -of the rest of the world for the supply of such military stores and -munitions as were indispensable for war. - -At an election on November 6, 1861, the chief executive officers of -the provisional Government were unanimously chosen to similar -positions in the permanent Government, to be inaugurated on the -ensuing 22d of February, 1862. - - -[Footnote 1: Constitution of the United States, Article X.] - -[Footnote 2: Ibid., Article III, section 3.] - -[Footnote 3: Congress of the United States, July, 1861.] - -[Footnote 4: Constitution of the United States, Article V.] - -[Footnote 5: Ibid., Article IV.] - -[Footnote 6: Constitution of the United States, Article X.] - - - - -CHAPTER XVI. - - Military Arrangements of the Enemy.--Marshall and Garfield.-- - Fishing Creek.--Crittenden's Report.--Fort Henry; its Surrender.-- - Fort Donelson; its Position.--Assaults.--Surrender.--Losses. - - -Important changes in the military arrangements of the enemy were made -about this time. Major-General George B. McClellan was assigned to -the chief command of his army, in place of Lieutenant-General Scott, -retired. A Department of Ohio was constituted, embracing the States -of Ohio, Michigan, Indiana, and Kentucky east of the Cumberland and -Tennessee Rivers; and Brigadier-General D. C. Buell was assigned to -its command. At the same time. General Henry W. Halleck superseded -General John C. Fremont in command of the United States Department of -the West. General W. T. Sherman was removed from Kentucky and sent to -report to General Halleck. General A. S. Johnston was now confronted -by General Halleck in the West and by General Buell in Kentucky. The -former, with armies at Cairo and Paducah, under Generals Grant and C. -F. Smith, threatened equally Columbus, the key of the lower -Mississippi River, and the water-lines of the Cumberland and the -Tennessee, with their defenses at Forts Donelson and Henry. The right -wing of General Buell also menaced Donelson and Henry, while his -center was directed against Bowling Green, and his left was advancing -against General Zollicoffer at Mill Spring, on the upper Cumberland. -If the last-named position could be forced, the way seemed open to -East Tennessee, by either the Jacksboro or the Jamestown routes, on -the one hand, and to Nashville on the other. At the northeastern -comer of Kentucky there was a force under Colonel Garfield, of Ohio, -opposed to the Confederate force under General Humphrey Marshall. - -The strength of Marshall's force in effective men was about sixteen -hundred. Knowing that a body of the enemy under Colonel Garfield was -advancing to meet him, and that a small force was moving to his rear, -he fell back some fifteen miles, and took position on Middle Creek, -near Prestonsburg. On January 10, 1862, Garfield attacked him. The -firing was kept up, with some intervals, about four hours, and was -occasionally very sharp and spirited. Marshall says in his report: -"The enemy did not move me from any one position I assumed, and at -nightfall withdrew from the field, leaving me just where I was in the -morning. . . . He came to attack, yet came so cautiously that my left -wing never fired a shot, and he never came up sufficiently to engage -my center or left wing." Garfield was said to have fallen back -fifteen miles to Paintsville, and Marshall seven miles, where he -remained two days, then slowly pursued his retreat. He stated his -loss at ten killed and fourteen wounded, and that of the enemy to -have been severe. - -The battle of Fishing Creek has been the subject of harsh criticism, -and I think it will be seen by the report herein inserted that great -injustice has been done to General George B. Crittenden, who -commanded on that occasion. - -In July, 1880, I wrote to him requesting a statement of the affair at -Fishing Creek, and a short time before his decease he complied with -my request by writing as follows: - - "In November, 1862, I assumed, by assignment, the command of a - portion of East Tennessee and southeastern Kentucky, which embraced - the troops stationed at Mill Springs, on the Cumberland River, and - under the command of General Zollicoffer, who, as I understood the - matter, had been stationed there by General Johnston to prevent the - enemy under Schopf, and confronting him on the opposite side of the - river, from crossing and penetrating into Tennessee. Schopf's camp - was at Somerset, on Fishing Creek, a tributary of the Cumberland, - emptying into it a mile above Mill Springs. He was several miles away - from the bank of the Cumberland, so that both the river and creek - intervened between him and General Zollicoffer. While I was detained - in Knoxville, on business connected with my command, I received an - official communication from General Zollicoffer, informing me that he - had crossed the Cumberland by fording, and was fortifying a camp on - the right bank, etc. By the messenger who bore me this communication - I ordered him to recross the river and resume his original position - on the left bank. Early in January, I reached Mill Springs, and - found, to my surprise. General Zollicoffer still on the right bank. - He called on me immediately, and informed me that his messenger who - bore back my order had lost several days in returning, and that when - it was received he supposed that I would arrive almost immediately; - and, hoping to be able to convince me that it would be better to - remain on the right bank, he had postponed crossing until, by a rise - in the river, it had become impossible to do so; that all his - artillery and a large portion of his wagons were on the right bank, - and his only means of transferring them to the other bank were a - small ferry-boat and a very small stem-wheel steamer, entirely - inadequate to the purpose. I was dissatisfied, but, as I knew that - the General had been actuated by pure motives, I accepted his excuse. - Details were promptly placed in the woods, to prepare timber for - flat-boats to transport the artillery and wagons to the left bank of - the river. The weather was execrable, and the men unskilled, so that - the work progressed slowly. - - "Such was the posture of affairs, when, on the 18th of January, I was - informed that General Thomas was approaching with a large force of - all arms, and would encamp that night within a few miles of us. Here - was thrust upon me the very contingency which my order to General - Zollicoffer was intended to obviate. It rained violently throughout - this day until late in the afternoon. It occurred to me that Fishing - Creek must so rise as to render it impossible for Schopf to connect - with Thomas. Acting upon this idea, I summoned a council of superior - officers, and, laying before them the circumstances of the case, - asked their advice. There was not one of them who did not concur with - me in the opinion that Thomas must be attacked immediately, and, if - possible, by surprise; that such attack, if successful merely in - repulsing him, would probably give us time to cross the Cumberland - with artillery and wagons, by means of our boats, then being built. - - "Accordingly, at twelve o'clock in the night, we marched for the - position of the enemy, ascertained to be some six miles away. We had - scarcely taken up the line of march, when the rain began to fall, the - darkness became intense, and the consequent confusion great, so that - day dawned before we reached his position. The attack, as a surprise, - failed: nevertheless, it was promptly made. It rained violently - throughout the action, rendering all the flint-lock guns useless. The - men bearing them were allowed to fall back on the reserve. - - "The action was progressing successfully, when the fall of General - Zollicoffer was announced to me. Apprehending disastrous - consequences, I hastened to the front. My apprehensions were well - founded. I found the line of battle in confusion and falling back, - and, after a vain effort to restore the line, yielded to necessity, - and, by the interposition of the reserve, covered the shattered line - and effected my retreat to camp without loss. - - "I reached camp late in the afternoon. Not long afterward the enemy - opened fire at long range; night coming on, he ceased to fire. The - few shot and shells that fell in the camp so plainly demonstrated the - demoralization of the men, that I doubted, even if I had had rations, - which I had not, whether the camp could have been successfully - defended for twenty-four hours. There was not, and had not been for - some time in the camp, rations beyond the daily need. This state of - affairs was due to the exhaustion of the neighboring country, and the - impracticability of the roads. - - "It became now my sole object to transfer the men with their arms, - the cavalry-horses, and teams to the left bank of the river. This was - successfully accomplished by dawn of the next day. - - "I attributed the loss of the battle, in a great degree, to the - inferiority of our arms and the untimely fall of General Zollicoffer, - who was known and highly esteemed by the men, who were almost all - Tennesseeans. I think I have shown that the battle of Fishing Creek - was a necessity, and that I ought not to be held responsible for that - necessity. As to how I managed it, I have nothing further to say." - -General Crittenden's gallantry had been too often and too -conspicuously shown in battle during the war with Mexico and on the -Indian frontier to admit of question, and the criticism has been -directed solely to the propriety of the attack at Fishing Creek. His -explanation is conclusive against any arraignment of him for the -presence of the troops on the right bank of the Cumberland, or for -his not immediately withdrawing them to the left bank when his -position was threatened. Under these circumstances, to attack one -portion of the enemy, when a junction with the other part could not -be effected, was to act in accordance with one of the best-settled -rules of war. - -The unforeseen accident of renewed rain, with intense darkness, -delayed his march beyond reasonable expectation; and, whereas the -whole force should have reached the enemy's encampment before dawn, -the advance of two regiments only reached there after broad daylight. -To hesitate, would have been to give the enemy time for preparation, -and I think it was wisely decided to attack at once and rely upon the -rear coming up to support the advance; but the rear, encumbered with -their artillery, were so far behind that, though the advance were -successful in their first encounter, they did not receive the -hoped-for support until they had suffered severely, and then the -long-known and trusted commander of the forces there, the gallant and -most estimable Zollicoffer, fell; whence confusion resulted. General -Crittenden had been but a few days with the troops, a disadvantage -which will be readily appreciated. Had the whole force been in -position at early dawn, so as to have surprised the enemy, the plan -would have been executed, and victory would have been the probable -result; after which, Schöpf's force might have been readily disposed -of. But, had the attack done no more than to check the advance of -Thomas until the boats under construction could have been finished, -so as to enable Crittenden to save his artillery and equipments, it -would have justified the attempt. I therefore think the strategy not -only defensible but commendable, and the affair to be ranked with one -of the many brilliant conceptions of the war. The reader will not -fail to remark the evidence which General Crittenden's report affords -of the fallacy of representing the South as having been prepared by -supplying herself with the _materiél_ necessary for war. The heart of -even a noble enemy must be moved at the spectacle of citizens -defending their homes, with muskets of obsolete patterns and -shot-guns, against an invader having all the modern improvements in -arms. The two regiments constituting the advance were Battle's -Twentieth Tennessee and the Fifteenth Mississippi, commanded by -Lieutenant-Colonel E. C. Walthall. With dauntless courage they -engaged the whole array of the enemy, and drove him from his first -position. When at length our forces fell back to their intrenched -camp, it was with sullen determination, and the pursuit was so -cautious that whenever it ventured too near it was driven back by our -rear guard. The valiant advance--the Fifteenth Mississippi and -Twentieth Tennessee--bore the burden of the day. The Mississippians -lost two hundred and twenty out of four hundred engaged, and the -Tennesseeans lost half as many, this being about three fourths the -casualties in our force. - -That night General Crittenden crossed his troops over the river, with -the exception of those too badly wounded to travel. He was compelled -to leave his artillery and wagons, not having the means of -transporting them across, and moved with the remnant of his army -toward Nashville. - -Both by General Crittenden and those who have criticised him for -making the attack at Fishing Creek, it is assumed that General -Zollicoffer made a mistake in crossing to the right bank of the -Cumberland, and that thence it resulted as a consequence that General -Johnston's right flank of his line through Bowling Green was -uncovered. I do not perceive the correctness of the conclusion, for -it must be admitted that General Zollicoffer's command was not -adequate to resist the combined forces of Thomas and Schopf, or that -the Cumberland River was a sufficient obstacle to prevent them from -crossing either above or below the position at Mill Springs. General -Zollicoffer may well have believed that he could better resist the -crossing of the Cumberland by removing to the right bank rather than -by remaining on the left. The only difference, it seems to me, would -have been that he could have retreated without the discomfiture of -his force or the loss of his artillery and equipments, but, in either -case, Johnston's right flank would have been alike uncovered. - -To Zollicoffer and the other brave patriots who fell with him, let -praise, not censure, be given; and to Crittenden, let tardy justice -render the meed due to a gallant soldier of the highest professional -attainments, and whose fault, if fault it be, was a willingness to -dare much in his country's service. - -When the State of Tennessee seceded, measures were immediately -adopted to occupy and fortify all the strong points on the -Mississippi, as Memphis, Randolph, Fort Pillow, and Island No. 10. As -it was our purpose not to enter the State of Kentucky and construct -defenses for the Cumberland and Tennessee Rivers on her territory, -they were located within the borders of Tennessee, and as near to the -Kentucky line as suitable sites could be found. On these were -commenced the construction of Fort Donelson on the west side of the -Cumberland, and Fort Henry on the east side of the Tennessee, and -about twelve miles apart. The latter stood on the low lands adjacent -to the river about high-water mark, and, being just below a bend in -the river and at the head of a straight stretch of two miles, it -commanded the river for that distance. It was also commanded by high -ground on the opposite bank of the river, which it was intended -should be occupied by our troops in case of a land attack. The power -of ironclad gunboats against land defenses had not yet been shown, -and the low position of the fort brought the battery to the -water-level, and secured the advantage of ricochet firing, the most -effective against wooden ships. - -Fort Donelson was placed on high ground; and, with the plunging fire -from its batteries, was thereby more effective against the ironclads -brought to attack it on the water side. But on the land side it was -not equally strong, and required extensive outworks and a -considerable force to resist an attack in that quarter. - -In September, 1861, Lieutenant Dixon, of the Engineer Corps, was -instructed to make an examination of the works at the two forts. He -reported that Fort Henry was nearly completed. It was built, not at -the most favorable position, but it was a strong work, and, instead -of abandoning it and building at another place, he advised that it -should be completed, and other works constructed on the high lands -just above the fort on the opposite side of the river. Measures for -the accomplishment of this plan were adopted as rapidly as the means -at disposal would allow. - -In relation to Donelson, it was his opinion that, although a better -position might have been chosen for this fortification on the -Cumberland, under the circumstances surrounding the command, it would -be better to retain and strengthen the position chosen. - -General Polk, in a report to General Johnston just previous to the -battle of Shiloh, said: "The principal difficulty in the way of a -successful defense of the rivers, was the want of an adequate force-- -a force of infantry and a force of experienced artillerists." This -was the unavoidable result of the circumstances heretofore related, -but tells only half of the story. To match the vessels of the enemy -(floating forts) we required vessels like theirs, or the means of -constructing them. We had neither. - -The efforts which were put forth to resist the operations on the -Western rivers, for which the United States made such vast -preparations, were therefore necessarily very limited. There was a -lack of skilled labor, of ship-yards, and of materials for -constructing ironclads, which could not be readily obtained or -prepared in a beset and blockaded country. Proposals were considered -both for building gunboats and for converting the ordinary -side-wheel, high-pressure steamboats into gunboats. But the engineer -department, though anxious to avail itself of this means of defense, -decided that it was not feasible. There was not plate-iron with which -to armor a single vessel, and even railroad-iron could not be spared -from its uses for transportation. Unless a fleet could have been -built to match the enemy's, we had to rely on land-batteries, -torpedoes, and marching forces. It was thought best to concentrate -the resources on what seemed practicable. One ironclad gunboat, -however, the Eastport, was undertaken on the Tennessee River, but -under so many difficulties that, after the surrender of Fort Henry, -while still unfinished, it was destroyed, lest it should fall to the -enemy.[7] - -The fleet of gunboats prepared by the United States for the -Mississippi and its tributaries consisted of twelve, seven of which -were iron-clad, and able to resist all except the heaviest solid -shot. The boats were built very wide in proportion to their length, -so that in the smooth river-waters they might have almost the -steadiness of land-batteries when discharging their heavy guns. This -flotilla carried one hundred and forty-three guns, some sixty-four -pounders, some thirty-two pounders, and some seven-inch rifled guns -carrying eighty-pound shells. - -On February 2d General Grant started from Cairo with seventeen -thousand men on transports. Commodore Foote accompanied him with -seven gunboats. On the 4th the landing of the troops commenced three -miles or more below Fort Henry. General Grant took command on the -east bank with the main column, while General Charles F. Smith, with -two brigades of some five to six thousand men, landed on the left -bank, with orders to take the earthwork opposite Fort Henry, known as -Fort Hindman. On the 5th the landing was completed, and the attack -was made on the next day. The force of General Tilghman, who was in -command at Fort Henry, was about thirty-four hundred men. It is -evident that on the 5th he intended to dispute Grant's advance by -land; but on the 6th, before the attack by the gunboats, he changed -his purpose, abandoned all hope of a successful defense, and made -arrangements for the escape of his main body to Fort Donelson, while -the guns of Fort Henry should engage the gunboats. He ordered Colonel -Hindman to withdraw the command to Fort Donelson, while he himself -would obtain the necessary delay for the movement by use of the -battery, and standing a bombardment in Fort Henry. For this purpose -he retained his heavy artillery company--seventy-five men--to work -the guns, a number unequal to the strain and labor of the defense.[8] - -Noon was the time fixed for the attack; but Grant, impeded by the -overflow of water, and unwilling to expose his men to the heavy guns -of the fort, held them back to await the result of the gunboat -attack. In the mean time the Confederate troops were in retreat. Four -ironclads, mounting forty-eight heavy guns, approached and took -position within six hundred yards of the fort, firing as they -advanced. About half a mile behind these came three unarmored -gunboats, mounting twenty-seven heavy guns, which took a more distant -position, and kept up a bombardment of shells that fell within the -works. Some four hundred of the formidable missiles of the ironclad -boats were also thrown into the fort. The officers and men inside -were not slow to respond, and as many as fifty-nine of their shots -were counted as striking the gunboats. On the ironclad Essex a -cannon-ball ranged her whole length; another shot, passing through -the boiler, caused an explosion that scalded her commander, Porter, -and many of the seamen and soldiers on board. - -[Map of the Battlefield of Fort Donelson] - -Five minutes after the fight began, the twenty-four pounder rifled -gun, one of the most formidable in the fort, burst, disabling every -man at the piece. Then a shell exploded at the muzzle of one of the -thirty-two pounders, ruining the gun, and killing or wounding all the -men who served it. About the same moment a premature discharge -occurred at one of the forty-two pounder guns, killing three men and -seriously injuring others. The ten-inch columbiad, the only gun able -to match the artillery of the assailants, was next rendered useless -by a priming-wire that was jammed and broken in the vent. An heroic -blacksmith labored for a long time to remove it, under the full fire -of the enemy, but in vain. The men became exhausted and lost -confidence; and Tilghman, seeing this, in person served a thirty-two -pounder for some fifteen minutes. Though but four of his guns were -disabled, six stood idle for want of artillerists, and but two were -replying to the enemy. After an engagement of two hours and ten -minutes, he ceased firing and lowered his flag. For this soldierly -devotion and self-sacrifice the gallant commander and his brave band -must be honored while patriotism has an advocate and self-sacrifice -for others has a votary. Our casualties were five killed and sixteen -wounded; those of the enemy were sixty-three of all kinds. Twelve -officers and sixty-three non-commissioned officers and privates were -surrendered with the fort. The Tennessee River was thus open, and a -base by short lines was established against Fort Donelson. - -The next movement was a combined attack by land and water upon Fort -Donelson. This fort was situated on the left bank of the Cumberland, -as has been stated, near its great bend, and about forty miles from -the mouth of the river. It was about one mile north of the village of -Dover, where the commissary and quartermaster's supplies were in -depot. The fort consisted of two water-batteries on the hillside, -protected by a bastioned earthwork of irregular outline on the -summit, inclosing about one hundred acres. The water-batteries were -admirably placed to sweep the river approaches, with an armament of -thirteen guns; eight thirty-two pounders, three thirty-two pound -carronade, one ten-inch columbiad, and one rifled gun of thirty-two -pound caliber. The field-work, which was intended for infantry -supports, occupied a plateau about one hundred feet above the river, -commanding and protecting the water-batteries at close musket range. -These works afforded a fair defense against gunboats; but they were -not designed or adapted for resistance to a land attack or investment -by an enemy. - -Generals Pillow and Floyd were ordered with their separate commands -to Fort Donelson. General Buckner also was sent with a division from -Bowling Green; so that the Confederate effective force at the fort -during the siege was between fourteen thousand five hundred and -fifteen thousand men.[9] The force of General Grant was not less than -thirty to thirty-five thousand men. On February 12th he commenced his -movement across from Fort Henry, and the investment of Donelson was -made without any serious opposition. On the 13th General Buckner -reports that "the fire of the enemy's artillery and riflemen was -incessant throughout the day; but was responded to by a well-directed -fire from the intrenchments, which inflicted upon the assailant a -considerable loss, and almost silenced his fire late in the -afternoon." The object of the enemy undoubtedly was to discover the -strength and position of our forces. The artillery-fire was continued -at intervals during the night. Nearly every Confederate regiment -reported a few casualties from the shot and shell which frequently -fell inside of the works. Meanwhile, a gunboat of thirteen guns -arrived in the morning, and, taking a position behind a headland, -fired one hundred and thirty-eight shots, when our one hundred and -twenty-eight pound shot crashed through one of her ports, injuring -her machinery and crippling her. The enemy's fire did no damage to -the fort itself, but a shot disabled a gun and killed Captain Dixon, -a valuable engineer, whose loss was greatly deplored. - -The weather became cold during the night, and a driving snow-storm -prevailed, so that some of the soldiers were frozen, and the wounded -between the lines suffered extremely. The fleet of gunboats under -Commodore Foote arrived, bringing enforcements to the enemy. These -were landed during the night and the next day, which was occupied -with placing them in position. Nevertheless, though no assault was -made, a rambling and ineffective fire was kept up. About 3 P.M. the -commander of the naval force, expecting an easy victory, like that at -Fort Henry, brought his four ironclads, followed by two gunboats, up -to the attack. Each of the ironclads mounted thirteen guns and the -gunboats nine. Any one of them was more than a match for the guns of -the fort. Their guns were eight, nine, and ten inch, three in the bow -of each. Our columbiad and the rifled gun were the only two pieces -effective against the ironclads. The enemy moved directly toward the -water-batteries, firing with great weight of metal. It was the -intention of Commodore Foote to silence these batteries, pass by, and -take a position where he could enfilade the fort with broadsides. The -gunboats opened at a mile and a half distance, and advanced until -within three or four hundred yards. The shot and shell of the fleet -tore up the earthworks, but did no further injury. But the -Confederate guns, aimed from an elevation of not less than thirty -feet by cool and courageous hands, sent their shot with destructive -power, and overcame all the enemy's advantages in number and weight -of guns. The bolts of our two heavy guns went crashing through iron -and massive timbers with resistless force, scattering slaughter and -destruction through the fleet.[10] Hoppin, in his "Life of Commodore -Foote," says: - - "The Louisville was disabled by a shot, which cut away her - rudder-chains, making her totally unmanageable, so that she drifted - with the current out of action. Very soon the St. Louis was disabled - by a shot through her pilot-house, rendering her steering impossible, - so that she also floated down the river. The other two armored - vessels were also terribly struck, and a rifled cannon on the - Carondelet burst, so that these two could no longer sustain the - action; and, after fighting for more than an hour, the little fleet - was forced to withdraw. The St. Louis was struck fifty-nine times, - the Louisville thirty-six times, the Carondelet twenty-six, the - Pittsburg twenty, the four vessels receiving no less than one hundred - and forty-one wounds. The fleet, gathering itself together, and - rendering mutual help to its disabled members, proceeded to Cairo to - repair damages." - -The loss of the enemy was fifty-four killed and wounded. The report -of Major Gilmer, who laid out these works, says: - - "Our batteries were uninjured, and not a man in them killed. The - repulse of the gunboats closed the operations of the day, except a - few scattering shots along the land defenses." - -In consequence of reënforcements to the enemy, the plan of operations -for the next day was determined by the Confederate generals about -midnight. The whole of the left wing of the army except eight -regiments was to move out of the trenches, attack, turn, and drive -the enemy's right until the Wynn's Ferry road, which led to Charlotte -through a good country, was cleared, and an exit thus secured. - -The troops, moving in the small hours of the night over the icy and -broken roads, which wound through the obstructed area of defense, -made slow progress, and delayed the projected operations. At 4 A.M. -on the 15th, Pillow's troops were ready, except one brigade, which -came late into action. By six o'clock, Baldwin's brigade was engaged -with the enemy, only two or three hundred yards from his lines, and -the bloody contest of the day had begun. At one o'clock the enemy's -right was doubled back. The Wynn's Ferry road was cleared, and it -only remained for the Confederates to do one of two things: The first -was, to seize the golden moment and, adhering to the original purpose -and plan of the sortie, move off rapidly by the route laid open by -such strenuous efforts and so much bloodshed; the other depended on -the inspiration of a master-mind, equal to the effort of grasping -every element of the combat, and which should complete the partial -victory by the utter rout and destruction of the enemy. - - "While one or the other alternative seems to have been the only - possible safe solution," says the author of "The Life of Gen. Albert - Sidney Johnston," "the Confederate commander tried neither. A fatal - middle policy was suddenly but dubiously adopted, and not carried - out. The spirit of vacillation and divided counsels prevented that - unity of action which is essential to success. For seven hours the - Confederate battalions had been pushing over rough ground and through - thick timber, at each step meeting fresh troops massed, where the - discomfited regiments rallied. Hence the vigor of assault slackened, - though the wearied troops were still ready and competent to continue - their onward movement. Ten fresh regiments, over three thousand men, - had not fired a musket. But in the turmoil of battle no one knew the - relations of any command to the next, or indeed whether his neighbor - was friend or foe. - - "General Buckner had halted, according to the preconcerted plan, to - allow the army to pass out by the opened road and to cover their - retreat. At this point of the fight, Pillow, finding himself at - Hindman's position, heard of (or saw) preparations by General C. F. - Smith for an assault on the Confederate right; but, whether he - understood this to be the purpose or construed the movement as the - . . . signs of a flight, was left uncertain by his language at the - time. He ordered the regiments which had been engaged to return to the - trenches, and instructed Buckner to hasten to defend the imperiled - point. Buckner, not recognizing him as a superior authorized to - change the plan of battle, or the propriety of such change, refused - to obey, and, after receiving reiterated orders, started to find - Floyd, who at that moment joined him. He urged upon Floyd the - necessity of carrying out the original plan of evacuation. Floyd - assented to this view, and told Buckner to stand fast until he could - see Pillow. He then rode back and saw Pillow, and, hearing his - arguments, yielded to them. Floyd simply says that he found the - movement so nearly executed that it was necessary to complete it. - Accordingly, Buckner was recalled. In the mean time, Pillow's right - brigades were retiring to their places in the trenches, under orders - from the commanders." - -The conflict on the left soon ended. Three hundred prisoners, five -thousand stand of small-arms, six guns, and other spoils of victory, -had been won by our forces. But the enemy, cautiously advancing, -gradually recovered most of his lost ground. It was about 4 P.M. when -the assault on the right was made by General C. F. Smith. The enemy -succeeded in carrying the advanced work, which General Buckner -considered the key to his position. The loss of the enemy during the -siege was four hundred killed, seventeen hundred and eighty-five -wounded, and three hundred prisoners. Our losses were about three -hundred and twenty-five killed and one thousand and ninety-seven -wounded; including missing, it was estimated at fifteen hundred. - -After nightfall a consultation of the commanding officers was held, -and, after a consideration of the question in all its aspects as to -what should be done, it was decided that a surrender was inevitable, -and, that to accomplish its objects, it must be made before the -assault, which was expected at daylight. General Buckner in his -report, says: - - "I regarded the position of the army as desperate, and that the - attempt to extricate it by another battle, in the suffering and - exhausted condition of the troops, was almost hopeless. The troops - had been worn down with watching, with labor, with fighting. Many of - them were frosted by the cold, all of them were suffering and - exhausted by their incessant labors. There had been no regular issue - of rations for several days, and scarcely any means of cooking. The - ammunition was nearly expended. We were completely invested by a - force fully four times the strength of our own." - -The decision to surrender having been made, it remained to determine -by whom it should be made. Generals Floyd and Pillow declared they -would not surrender and become prisoners; the duty was therefore -allotted to General Buckner. Floyd said, "General Buckner, if I place -you in command, will you allow me to draw out my brigade?" General -Buckner replied, "Yes, provided you do so before the enemy act upon -my communication." Floyd said, "General Pillow, I turn over the -command.". General Pillow, regarding this as a mere technical form by -which the command was to be conveyed to Buckner, then said, "I pass -it." Buckner assumed the command, sent for a bugler to sound the -parley, for pen, ink, and paper, and opened the negotiations for -surrender. - -There were but two roads by which it was possible for the garrison to -retire. If they went by the upper road, they would certainly have to -cut through the main body of the enemy; if by the lower road, they -would have to wade through water three feet deep. This, the medical -director stated, would be death to more than one half the command, on -account of the severity of the weather and their physical prostration. - -To cut through the enemy, if effected, would, it was supposed, -involve the loss of three fourths of the command, a sacrifice which, -it was conceded, would not be justifiable. - -The enemy had, in the conflict of the preceding day, gained -possession of our rifle-pits on the right flank, and General Buckner, -an experienced soldier, held that the fort would immediately fall -when the enemy attacked in the morning. General Pillow dissented from -this conclusion, believing that the fort could be defended until -boats could be obtained to convey the garrison across the river, and -also advocated an attempt to cut through the investing lines of the -enemy. Being overruled on both points, he announced his determination -to leave the post by any means available, so as to escape a -surrender, and he advised Colonel N. B. Forrest, who was present, to -go out with his cavalry regiment, and any others he could take with -him through the overflow. General Floyd's brigade consisted of two -Virginia regiments and one Mississippi regiment; these, as before -mentioned, it was agreed that General Floyd might withdraw before the -surrender. Two of the field-officers, Colonel Russell and Major -Brown, of the Mississippi regiment, the twentieth, had been officers -of the First Mississippi Riflemen in the war with Mexico; and the -twentieth, their present regiment, was reputed to be well instructed -and under good discipline. This regiment was left to be surrendered -with the rest of the garrison, under peculiar circumstances, of which -Major Brown, then commanding, gives the following narrative: - - "About twelve o'clock of the night previous to the surrender, I - received an order to report in person at headquarters. On arriving I - met Colonel N. B. Forrest, who remarked: 'I have been looking for - you; they are going to surrender this place, and I wanted you with - your command to go out with me, but they have other orders for you.' - On entering the room. Generals Floyd and Pillow also informed me of - the proposed proceedings. General Floyd ordered me to take possession - of the steamboat-landing with my command; that he had reserved the - right to remove his brigade; that, after having guarded the landing, - my command should be taken aboard the boat; the Virginia regiments, - first crossing to the other side of the river, could make their way - to Clarksville. - - "I proceeded at once with my command to the landing; there was no - steamboat there, but I placed my regiment in a semicircular line so - as to cover the landing-place. About daylight the steamer came down, - landed, and was soon loaded with the two Virginia regiments, they - passing through my ranks. At the same time the General and staff, or - persons claiming to belong to the staff, passed aboard. The boat, - being a small one, was considerably crowded. While the staging of the - boat was being drawn aboard. General Floyd hallooed to me, from the - 'hurricane-roof,' that he would cross the river with the troops - aboard and return for my regiment. But, about the time of the - departure of the boat, General S. B. Buckner came and asserted that - he had turned over the garrison and all the property at sunrise; - that, if the boat was not away immediately, he would be charged by - the enemy with violating the terms of the surrender. I mention this - incident as furnishing, I suppose, the reason why my regiment was - left on the bank of the river. - - "Sorrowfully I gave the necessary orders to stack arms and - surrender. . . . - - "Both morally and materially the disaster was a severe blow to us. - Many, wise after the event, have shown their skill in telling what - all knew afterward, but nobody told before." - - -[Footnote 7: "The Life of Gen. Albert Sidney Johnston," by his son.] - -[Footnote 8: "The Life of Gen. Albert Sidney Johnston," by his son.] - -[Footnote 9: "The Life of Gen. Albert Sidney Johnston," by his son.] - -[Footnote 10: "The Life of Gen. Albert Sidney Johnston," by his son.] - - - - -CHAPTER XVII. - - Results of the Surrender of Forts Henry and Donelson.--Retreat from - Bowling Green.--Criticism on General A. S. Johnston.--Change of - Plan necessary.--Evacuation of Nashville.--Generals Floyd and - Pillow.--My Letter to General Johnston.--His Reply.--My Answer.-- - Defense of General Johnston.--Battle of Elkhorn.--Topography of - Shiloh. - - -The loss of Forts Henry and Donelson opened the river routes to -Nashville and north Alabama, and thus turned the positions both at -Bowling Green and Columbus. These disasters subjected General -Johnston to very severe criticism, of which we shall take notice -further on in these pages. A conference was held on February 7th by -Generals Johnston, Beauregard (who had been previously ordered to -report to Johnston), and Hardee, as to the future plan of campaign. -It was determined, as Fort Henry had fallen and Donelson was -untenable, that preparations should at once be made for a removal of -the army to Nashville, in rear of the Cumberland River, a strong -point some miles below that city being fortified forthwith to defend -the river from the passage of gunboats and transports. From -Nashville, should any further retrograde movement become necessary, -it would be made to Stevenson, and thence according to circumstances. - -As the possession of the Tennessee river by the enemy separated the -array at Bowling Green from the one at Columbus, Kentucky, they must -act independently of each other until they could be brought together: -the first one having for its object the defense of the State of -Tennessee along its line of operation; and the other, of that part of -the State lying between the Tennessee River and the Mississippi. But, -as the possession of the former river by the enemy rendered the lines -of communication of the army at Columbus liable to be cut at any time -by a movement from the Tennessee River as a base, and an overpowering -force of the enemy was rapidly concentrating from various points on -the Ohio, it was necessary, to prevent such a calamity, that the main -body of the army should fall back to Humboldt, and thence, if -necessary, to Grand Junction, so as to protect Memphis from either -point and still have a line of retreat to the latter place, or to -Grenada, and, if needful, to Jackson, Mississippi. - -Captain Hollins's fleet of improvised gunboats and a sufficient -garrison was to be left at Columbus for the defense of the river at -that point, with transports near at hand for the removal of the -garrison when the position became no longer tenable. - -Every preparation for the retreat was silently made. The defenses of -Bowling Green, originally slight, had been greatly enlarged by the -addition of a cordon of detached forts, mounted with heavy -field-guns; yet the garrison was only sufficiently strong to -withstand an assault, and it was never proposed to submit to a siege. -The ordnance and army supplies were quietly moved southward, and -measures were taken to remove from Nashville the immense stores -accumulated there. Only five hundred men were in the hospital before -the army commenced to retreat, but, when it reached Nashville, five -thousand four hundred out of fourteen thousand required the care of -the medical officers. On February 11th the troops began to move, and -at nightfall on the 16th General Johnston, who had established his -headquarters at Edgeville, on the northern bank of the Cumberland, -saw the last of his wearied columns defile across and safely -establish themselves beyond the river. The evacuation was -accomplished by a force so small as to make the feat remarkable, not -a pound of ammunition nor a gun being lost, and the provisions were -nearly all secured. The first intimation which the enemy had of the -intended evacuation, so far as has been ascertained, was when -Generals Hindman and Breckinridge, who were in advance near his camp, -were seen suddenly to retreat toward Bowling Green. The enemy -pursued, and succeeded in shelling the town, while Hindman was still -covering the rear. Not a man was lost.[11] At the same time -Crittenden's command was brought back within ten miles of Nashville, -and thence to Murfreesboro. - -Scarcely had the retreat to Nashville been accomplished, when the -news of the fall of Donelson was received. The state of feeling which -it produced is described by Colonel Munford, an aide-de-camp of -General Johnston, in an address delivered in Memphis. "Dissatisfaction -was general. Its mutterings, already heard, began to break out in -denunciations. The demagogues took up the cry, and hounded on one -another and the people in hunting down a victim. The public press was -loaded with abuse. The Government was denounced for intrusting the -public safety to hands so feeble. The Lower House of Congress appointed -a select committee to inquire into the conduct of the war in the -Western Department. The Senators and Representatives from Tennessee, -with the exception of Judge Swann, waited upon the President." Their -spokesman, Senator G. A. Henry, stated that they came for and in behalf -of Tennessee to ask for the removal of General A. S. Johnston, and the -assignment of a competent officer to the defense of their homes and -people. It was further stated that they did not come to recommend any -one as the successor; that it was conceded that the President was better -able than they were to select a proper officer, and they only asked that -he would give them a general. - -Painfully impressed by this exhibition of distrust toward an officer -whose place, if vacated, I was sure could not be filled by his equal, -realizing how necessary public confidence was to success, and wounded -by the injustice done to one I had known with close intimacy in peace -and in war, and believed to be one of the noblest men with whom I had -ever been associated, and one of the ablest soldiers I had ever seen -in the field, I paused under conflicting emotions, and after a time -merely answered, "If Sidney Johnston is not a general, the -Confederacy has none to give you." - -On February 17th the rear guard from Bowling Green reached Nashville, -and on the 18th General Johnston wrote to the Secretary of War at -Richmond, saying: - - "I have ordered the army to encamp to-night midway between Nashville - and Murfreesboro. My purpose is to place the force in such a position - that the enemy can not concentrate his superior strength against the - command, and to enable me to assemble as rapidly as possible such - other troops in addition as it may be in my power to collect. The - complete command which their gunboats and transports give them upon - the Tennessee and Cumberland renders it necessary for me to retire my - line between the rivers. I entertain the hope that this disposition - will enable me to hold the enemy for the present in check, and, when - my forces are sufficiently increased, to drive him back." - -The fall of Fort Donelson made a speedy change of his plans -necessary. General Johnston was now compelled to withdraw his forces -from the north bank of the Cumberland, and to abandon the defense of -Nashville; in a word, to evacuate Nashville or sacrifice the army. -Not more than eleven thousand effective men were left to him with -which to oppose General Buell with not less than forty thousand men, -moving by Bowling Green, while another superior force, under General -Thomas, was on the eastern flank; and the armies from Fort Donelson, -with the gunboats and transport, had it in their power to ascend the -Cumberland, so as to interrupt all communication with the south. - -On February 17th and 18th the main body of the command was moved from -Nashville to Murfreesboro, while a brigade remained under General -Floyd to bring on the stores and property upon the approach of the -enemy, all of which would have been saved except for the heavy and -general rains. By the junction of the command of General Crittenden -and the fugitives from Donelson, who were reorganized, the force of -General Johnston was increased to seventeen thousand men. The stores -not required for immediate use were ordered to Chattanooga, and those -which were necessary on the march were ordered to Huntsville and -Decatur. On February 28th the march was commenced for Decatur through -Shelbyville and Fayetteville. Halting at those points for the -purpose, he saved his provisions and stores, removed his depots and -machine-shops, obtained new arms, and finally, at the close of March, -joined Beauregard at Corinth with twenty thousand men, making their -aggregate force fifty thousand. - -Considering the great advantage which the means of transportation -upon the Tennessee and Cumberland afforded the enemy, and the -peculiar topography of the State, General Johnston found that he -could not with the force under his command successfully defend the -whole line against the advance of the enemy. He was, therefore, -compelled to elect whether the enemy should be permitted to occupy -Middle Tennessee, or turn Columbus, take Memphis, and open the valley -of the Mississippi. Deciding that the defense of the valley was of -paramount importance, he therefore crossed the Tennessee and united -with Beauregard. - -The evacuation of Nashville and the evident intention of General -Johnston to retreat still further, created a panic in the public mind -which spread over the whole State. Those who had refused to listen to -his warning voice, when it called them to arms, were loudest in their -passionate outcry at what they considered a base surrender of them to -the mercies of the invader. He was accused of imbecility, cowardice, -and treason. An appeal from every class was made to the President -demanding his removal. Congress took the matter in hand, and, though -the feeling there resulted merely in a committee of inquiry, it was -evident that the case was prejudged. The Confederate House of -Representatives created a special committee "to inquire into the -military disasters at Fort Henry and Fort Donelson, and the surrender -of Nashville to the enemy," and as to the conduct, number, and -disposition of the troops under General Johnston. Great feeling was -shown in the debates. - -Generals Floyd and Pillow, the senior officers at Fort Donelson, -after it had been decided to surrender, withdrew, to avoid being made -prisoners. The Secretary of War (Mr. Benjamin) wrote, March 11th, to -General Johnston as follows: - - "The reports of Brigadier-Generals Floyd and Pillow are - unsatisfactory, and the President directs that both these generals be - relieved from command until further orders. In the mean time you will - request them to add to their reports such statements as they may deem - proper on the points submitted. You are further requested to make up - a report, from all the sources of information accessible to you, of - all the particulars connected with the unfortunate affair, which can - contribute to enlighten the judgment of the Executive and of - Congress, and to fix the blame, if blame there be, on those who were - delinquent in duty." - -This state of affairs, under the command of General Johnston, was the -occasion of the following correspondence: - - _Letter from President Davis to General A. S. Johnston._ - - "RICHMOND, _March 12, 1862._ - - "MY DEAR GENERAL: The departure of Captain Wickliffe offers an - opportunity, of which I avail myself, to write you an unofficial - letter. We have suffered great anxiety because of recent events in - Kentucky and Tennessee, and I have been not a little disturbed by the - repetitions of reflections upon yourself. I expected you to have made - a full report of events precedent and consequent to the fall of Fort - Donelson. In the mean time, I made for you such defense as friendship - prompted, and many years of acquaintance justified; but I needed - facts to rebut the wholesale assertions made against you to cover - others and to condemn my administration. The public, as you are - aware, have no correct measure for military operations, and the - journals are very reckless in their statements. - - "Your force has been magnified, and the movements of an army have - been measured by the capacity for locomotion of an individual. - - "The readiness of the people, among whom you are operating, to aid - you in every method, has been constantly asserted; the purpose of - your army at Bowling Green wholly misunderstood; and the absence of - an effective force at Nashville ignored. You have been held - responsible for the fall of Donelson and the capture of Nashville. It - is charged that no effort was made to save the stores at Nashville, - and that the panic of the people was caused by the army. - - "Such representations, with the sad forebodings naturally belonging - to them, have been painful to me, and injurious to us both; but, - worse than this, they have undermined public confidence and damaged - our cause. A full development of the truth is necessary for future - success. - - "I respect the generosity which has kept you silent, but would - impress upon you that the question is not personal but public in its - nature; that you and I might be content to suffer, but neither of us - can willingly permit detriment to the country. As soon as - circumstances will permit, it is my purpose to visit the field of - your present operations; not that I shall expect to give you any aid - in the discharge of your duties as a commander, but with the hope - that my position would enable me to effect something in bringing men - to your standard. With a sufficient force, the audacity which the - enemy exhibits would no doubt give you the opportunity to cut some of - his lines of communication, to break up his plan of campaign, and, - defeating some of his columns, to drive him from the soil as well of - Kentucky as of Tennessee. - - "We are deficient in arms, wanting in discipline, and inferior in - numbers. Private arms must supply the first want; time and the - presence of an enemy, with diligence on the part of commanders, will - remove the second; and public confidence will overcome the third. - General Bragg brings you disciplined troops, and you will find in him - the highest administrative capacity. General E. K. Smith will soon - have in East Tennessee a sufficient force to create a strong - diversion in your favor; or, if his strength can not be made - available in that way, you will best know how to employ it otherwise. - I suppose the Tennessee or the Mississippi River will be the object - of the enemy's next campaign, and I trust you will be able to - concentrate a force which will defeat either attempt. The fleet which - you will soon have on the Mississippi River, if the enemy's gunboats - ascend the Tennessee, may enable you to strike an effective blow at - Cairo; but, to one so well informed and vigilant, I will not assume - to offer suggestions as to when and how the ends you seek may be - attained. With the confidence and regard of many years, I am very - truly your friend, - - "JEFFERSON DAVIS." - - - _Letter of General Johnston in answer to that above._ - - "DECATUR, ALABAMA, _March 18, 1862._ - - "MY DEAR GENERAL: I received the dispatches from Richmond, with your - private letter by Captain Wickliffe, three days since; but the - pressure of affairs and the necessity of getting my command across - the Tennessee prevented me from sending you an earlier reply. - - "I anticipated all that you have told me as to the censure which the - fall of Fort Donelson drew upon me, and the attacks to which you - might be subjected; but it was impossible for me to gather the facts - for a detailed report, or to spare time which was required to - extricate the remainder of my troops and save the large accumulation - of stores and provisions after that disheartening disaster. - - "I transmitted the reports of Generals Floyd and Pillow without - examining or analyzing the facts, and scarcely with time to read them. - - "When about to assume command of this department, the Government - charged me with the duty of deciding the question of occupying - Bowling Green, Kentucky, which involved not only military but - political considerations. At the time of my arrival at Nashville, the - action of the Legislature of Kentucky had put an end to the latter by - sanctioning the formation of camps menacing Tennessee, by assuming - the cause of the Government at Washington, and by abandoning the - neutrality it professed; and, in consequence of their action, the - occupation of Bowling Green became necessary as an act of - self-defense, at least in the first step. - - "About the middle of September General Buckner advanced with a small - force of about four thousand men, which was increased by the 15th of - October to twelve thousand; and, though accessions of force were - received, it continued at about the same strength until the end of - November--measles and other diseases keeping down the effective - force. The enemy's force then was reported to the War Department at - fifty thousand, and an advance was impossible. No enthusiasm, as we - imagined and hoped, but hostility, was manifested in Kentucky. - Believing it to be of the greatest moment to protract the campaign, - as the dearth of cotton might bring strength from abroad and - discourage the North, and to gain time to strengthen myself by new - troops from Tennessee and other States, I magnified my forces to the - enemy, but made known my true strength to the department and the - Governors of States. The aid given was small. At length, when General - Beauregard came out in February, he expressed his surprise at the - smallness of my force, and was impressed with the danger of my - position. I admitted what was so manifest, and laid before him my - views for the future, in which he entirely concurred, and sent me a - memorandum of our conference, a copy of which I send to you. I - determined to fight for Nashville at Donelson, and gave the best part - of my army to do it, retaining only fourteen thousand men to cover my - front, and giving sixteen thousand to defend Donelson. The force at - Donelson is stated in General Pillow's report at much less, and I do - not doubt the correctness of his statement, for the force at Bowling - Green, which I supposed to be fourteen thousand effective men (the - medical report showing only a little over five hundred sick in the - hospital), was diminished more than five thousand by those who were - unable to stand the fatigue of a march, and made my force on reaching - Nashville less than ten thousand men. I inclose medical director's - report. Had I wholly uncovered my front to defend Donelson, Buell - would have known it, and marched directly on Nashville. There were - only ten small steamers in the Cumberland, in imperfect condition, - only three of which were available at Nashville, while the - transportation of the enemy was great. - - "The evacuation of Bowling Green was imperatively necessary, and was - ordered before, and executed while the battle was being fought at - Donelson. I had made every disposition for the defense of the fort my - means allowed, and the troops were among the best of my forces. The - generals, Floyd, Pillow, and Buckner, were high in the opinion of - officers and men for skill and courage, and among the best officers - of my command. They were popular with the volunteers, and all had - seen much service. No reënforcements were asked. I awaited the event - opposite Nashville. The result of the conflict each day was - favorable. At midnight on the 15th I received news of a glorious - victory; at dawn, of a defeat. - - "My column during the day and night was thrown over the river--a - battery had been established below the city to secure the passage. - Nashville was incapable of defense, from its position, and from the - forces advancing from Bowling Green and up the Cumberland. A rear - guard was left, under General Floyd, to secure the stores and - provisions, but did not completely effect the object. The people were - terrified, and some of the troops were disheartened. The - discouragement was spreading, and I ordered the command to - Murfreesboro, where I managed, by assembling Crittenden's division - and the fugitives from Donelson, to collect an army able to offer - battle. The weather was inclement, the floods excessive, and the - bridges were washed away, but most of the stores and provisions were - saved and conveyed to new depots. This having been accomplished, - though with serious loss, in conformity with my original design, I - marched southward and crossed the Tennessee at this point, so as to - coöperate or unite with General Beauregard for the defense of the - valley of the Mississippi. The passage is almost completed, and the - head of my column is already with General Bragg at Corinth. The - movement was deemed too hazardous by the most experienced members of - my staff; but the object warranted the risk. The difficulty of - effecting a junction is not wholly overcome, but it approaches - completion. Day after to-morrow (the 22d), unless the enemy - intercepts me, my force will be with Bragg, and my army nearly fifty - thousand strong. _This must be destroyed before the enemy can attain - his object._ - - "I have given this sketch, so that you may appreciate the - embarrassment which surrounded me in my attempts to avert or remedy - the disaster of Fort Donelson, before alluding to the conduct of the - generals. - - "When the force was detached, I was in hopes that such disposition - would have been made as would have enabled the forces to defend the - fort or withdraw without sacrificing the army. On the 14th I ordered - General Floyd, by telegraph, 'If he lost the fort, to get his troops - to Nashville.' It is possible that might have been done, but justice - requires us to look at events as they appeared at the time, and not - alone by the light of subsequent information. All the facts in - relation to the surrender will be transmitted to the Secretary of War - as soon as they can be collected, in obedience to his order. It - appears from the information received that General Buckner, being the - junior officer, took the lead in advising the surrender, and that - General Floyd acquiesced, and that they all concurred in the belief - that their force could not maintain the position. All concurred that - it would involve a great sacrifice of life to extricate the command. - Subsequent events show that the investment was not so complete as -their information from their scouts led them to believe. - - "The conference resulted in the surrender. The command was - irregularly transferred, and devolved on the junior general; but not - apparently to avoid any just responsibility or from any want of - personal or moral intrepidity. The blow was most disastrous, and - almost without a remedy. I therefore, in my first report, remained - silent. This silence you were kind enough to attribute to my - generosity. I will not lay claim to the motive to excuse my course. I - observed silence, as it seemed to be the best way to serve the cause - and the country. The facts were not fully known, discontent - prevailed, and criticism and condemnation were more likely to augment - than to cure the evil. I refrained, well knowing that heavy censures - would fall upon me, but convinced that it was better to endure them - for the present, and defer for a more propitious time an - investigation of the conduct of the generals; for, in the mean time, - their services were required and their influence was useful. For - these reasons Generals Floyd and Pillow were assigned to duty, for I - still felt confidence in their gallantry, their energy, and their - devotion to the Confederacy. - - "I have thus recurred to the motives by which I have been governed, - from a deep personal sense of the friendship and confidence you have - always shown me, and from the conviction that they have not been - withdrawn from me in adversity. - - "All the reports requisite for a full official investigation have - been ordered. Generals Floyd and Pillow have been suspended from - command. - - "You mention that you intend to visit the field of operations here. I - hope soon to see you, for your presence would encourage my troops, - inspire the people, and augment the army. To me personally it would - give the greatest gratification. Merely a soldier myself, and having - no acquaintance with the statesmen or leaders of the South, I can not - touch springs familiar to you. Were you to assume command, it would - afford me the most unfeigned pleasure, and every energy would be - exerted to help you to victory and the country to independence. Were - you to decline, still your presence alone would be of inestimable - advantage. - - "The enemy are now at Nashville, about fifty thousand strong, - advancing in this direction by Columbia. He has also forces, - according to the report of General Bragg, landing at Pittsburg, from - twenty-five to fifty thousand, and moving in the direction of Purdy. - - "This army corps, moving to join Bragg, is about twenty thousand - strong. Two brigades, Hindman's and Woods's, are, I suppose, at - Corinth. One regiment of Hardee's division (Lieutenant-Colonel Patton - commanding) is moving by cars to-day (March 20th), and Statham's - brigade (Crittenden's division). The brigade will halt at Iuka, the - regiment at Burnsville; Cleburne's brigade, Hardee's division, except - the regiment, at Burnsville; and Carroll's brigade, Crittenden's - division, and Helm's cavalry, at Tuscumbia; Bowen's brigade at - Courtland; Breckinridge's brigade here; the regiments of cavalry of - Adams and Wharton on the opposite bank of the river; Scott's - Louisiana regiment at Pulaski, sending forward supplies; Morgan's - cavalry at Shelbyville, ordered on. - - "To-morrow Breckinridge's brigade will go to Corinth, then Bowen's. - When these pass Tuscumbia and Iuka, transportation will be ready - there for the other troops to follow immediately from those points, - and, if necessary, from Burnsville. The cavalry will cross and move - forward as soon as their trains can be passed over the - railroad-bridge. I have troubled you with these details, as I can not - properly communicate them by telegram. - - "The test of merit in my profession, with the people, is success. It - is a hard rule, but I think it right. If I join this corps to the - forces of Beauregard (I confess a hazardous experiment), then those - who are now declaiming against me will be without an argument. - - "Your friend, A. S. JOHNSTON." - - -To this letter the following reply was made: - - "RICHMOND, VIRGINIA, _March 26, 1862._ - - "MY DEAR GENERAL: Yours of the 18th instant was this day delivered by - your aide, Mr. Jack. I have read it with much satisfaction. So far as - the past is concerned, it but confirms the conclusions at which I had - already arrived. My confidence in you has never wavered, and I hope - the public will soon give me credit for judgment, rather than - continue to arraign me for obstinacy. - - "You have done wonderfully well, and now I breathe easier in the - assurance that you will be able to make a junction of your two - armies. If you can meet the division of the enemy moving from the - Tennessee before it can make a junction with that advancing from - Nashville, the future will be brighter. If this can not be done, our - only hope is that the people of the Southwest will rally _en masse_ - with their private arms, and thus enable you to oppose the vast army - which will threaten the destruction of our country. - - "I have hoped to be able to leave here for a short time, and would be - much gratified to confer with you, and share your responsibilities. I - might aid you in obtaining troops; no one could hope to do more - unless he underrated your military capacity. I write in great haste, - and feel that it would be worse than useless to point out to you how - much depends on you. - - "May God bless you, is the sincere prayer of your friend, - - "JEFFERSON DAVIS." - - -Let us now review the events which had brought such unmeasured -censure on General Johnston for some months preceding this -correspondence. We have seen him, with a force numerically much -inferior to that of the enemy in his front, holding the position of -Bowling Green, and, by active operations of detached commands, -keeping up to foe and friend the impression that he had a large army -in position. With self-sacrificing fortitude he remained silent under -reproaches for not advancing to attack the enemy. When Forts Donelson -and Henry were more immediately threatened, he gave reënforcements -from his small command until his own line became more like one of -skirmishers than an intrenched line of battle; and when those forts -were surrendered, and his position became both untenable and useless, -he withdrew in such order and with such skill that his retreat was -unmolested by the enemy. Though he continued to be the subject of -unreasoning vituperation, he sought not to justify himself by blaming -others, or telling what he would have done if his Government had sent -him the arms and munitions he asked for, but which his Government he -learned did not possess. - -There are yet those who, self-assured, demand why Johnston did not go -himself to Donelson and Henry, and why his forces were not there -concentrated. A slight inspection of the map would suffice to show -that, Bowling Green abandoned, the direct road to Nashville would be -open to the advance of Buell's army. Then the forts, if held, would -cease to answer their purpose, and, being isolated, and also between -hostile armies above and below, would be not only valueless but only -temporarily tenable; and of his critics it may be asked, Who else -than himself could, with the small force retained at Bowling Green, -have held the enemy in check so long, and at last have retired -without disaster? - -To collect the widely separated troops of his command so as to form -an army which might offer battle to the invading foe was a problem -which must have been impossible, if the organized armies by which he -was threatened had been guided by a capacity equal to his own. It was -done, and, with the genius of a great soldier, he seized the -opportunity, by the rapid combination of new levies and of forces -never before united, to attack the armies of the enemy in detail -while they were endeavoring to form a junction. - -The Southwestern States presented a field peculiarly favorable for -the application of a new power in war. Deep rivers, with banks -frequently but little elevated above the water, traverse the country. -On these rivers iron-plated steamboats with heavy guns may move with -a rapidity incomparably greater than that of marching armies. It is -as if forts, with armaments, garrison, and stores, were endowed with -locomotion more swift and enduring than that of cavalry. - -The Ohio, Mississippi, Cumberland, and Tennessee Rivers all were in -the field of General Johnston's operations, and at the stage of water -most suited to naval purposes. Apart from the heavy guns which could -thus be brought to bear at interior places upon an army having only -field-artillery, the advantage of rapid transportation for troops and -supplies can hardly be over-estimated. It has been seen how these -advantages were utilized by the enemy at Henry and Donelson, and not -less did they avail him at Shiloh. - -As has been elsewhere explained, the condition of the South did not -enable the Confederacy to meet the enemy on the water except at great -odds. - -If it be asked, "Why did not General Johnston wait until the enemy -marched from the river instead of attacking him at Shiloh or -Pittsburg Landing?" the answer is, "That would have been to delay -until the junction of the enemy's armies had been effected." To fight -them in detail, it was necessary to attack the first where it lay, -backed by its gunboats. That sound judgment and soldierly daring went -hand in hand in this attack the sequel demonstrated. - -Meantime some active operations had taken place in that part of -General Johnston's command west of the Mississippi River. Detached -conflicts with the enemy had been fought by the small forces under -Generals Price and McCulloch, but no definite result had followed. -General Earl Van Dorn had been subsequently assigned to the command, -and assumed it on January 29, 1862. General Curtis was then in -command of the enemy's forces, numbering about twelve thousand men. -He had harassed General Price on his retreat to Fayetteville, -Arkansas, and then had fallen back to Sugar Creek, where he proposed -to make a stand. Van Dorn, immediately on his arrival at the -Confederate camps on Boston Mountain, prepared to attack Curtis. His -first movement, however, was to intercept General Sigel, then at -Bentonville with sixteen thousand men. The want of coöperation in Van -Dorn's forces enabled Sigel to escape. Curtis thus concentrated his -forces at Sugar Creek, and, instead of taking him in detail, Van Dorn -was obliged to meet his entire army. By a circuitous route, he led -Price's army against the enemy's rear, moving McCulloch against the -right flank; but his progress was so slow and embarrassed, that the -enemy heard of it in season to make his dispositions accordingly. - -The battle of Elkhorn, or Pea Ridge, was fought on the morning of -March 5th. Van Dorn reported his force to be fourteen thousand men, -and Curtis puts his force at about ten thousand. Van Dorn, with -Price's division, encountered Carr's division which had already -advanced, but was driven back steadily and with heavy loss. -Meanwhile, McCulloch's command met a division under Osterhaus, and, -after a sharp, quick struggle, swept it away. Pushing forward through -the shrub-oak, his wide-extended line met Sigel's, Asboth's, and -Davis's divisions. Here on the ragged spurs of the hills ensued a -fearful combat. In the crisis of the struggle, McCulloch, dashing -forward to reconnoiter, fell a victim to a sharpshooter. Almost at -the same moment, McIntosh, his second in command, fell while charging -a battery of the enemy with a regiment of Texas cavalry. Without -direction or leader, the shattered lines of our forces left the field -to rally, after a wide circuit, on Price's division. When Van Dorn -heard of this misfortune, he urged his attack, pressing back the -enemy until night closed the bloody combat. Van Dorn's headquarters -were then at Elkhorn Tavern, where the enemy's headquarters had been -in the morning. Each army was now on its opponent's line of -communication. Van Dorn found his troops much disorganized and -exhausted, short of ammunition, and without food, and made his -arrangements to retreat. The wagon-trains and all the men not -effective for the coming battle were started by a circuitous route -for Van Buren. The effectives remained to cover the retreat. The -battle was renewed at 7 A.M., and raged until 10 A.M. The gallant -General Henry Little had the covering line with his own and Rives's -Missouri brigades; this stout rear-guard holding off the whole army -of the enemy. The trains, artillery, and most of the army were by -that time well on the road. The order was given to the Missourians to -withdraw, and "the gallant fellows faced about with cheers" retired -steadily, and encamped ten miles from the battle-field at three -o'clock. There was no real pursuit. The attack had failed. Van Dorn -put his loss at six hundred killed and wounded, and two hundred -prisoners. Curtis reported his loss at two hundred and three killed, -nine hundred and seventy-two wounded, and a hundred and seventy-six -missing--total, thirteen hundred and fifty-one.[12] - -The object of Van Dorn had been to effect a diversion in behalf of -General Johnston. This failed; but the enemy was badly crippled, and -soon fell back to Missouri, of which he still retained possession. - -General Van Dorn was now ordered to join General Johnston by the -quickest route. Yet only one of his regiments arrived in time to be -present at the battle of Shiloh. As has been already stated, General -Beauregard left Nashville on February 14th to take charge in West -Tennessee, and made his headquarters at Jackson, Tennessee, on -February 17th. He was somewhat prostrated by sickness, which -partially disabled him through the campaign. The two grand divisions -of his army were commanded by the able Generals Bragg and Polk. On -March 26th he permanently removed to Corinth. Under his orders the -evacuation of Columbus by General Polk, and the establishment of a -new line resting on New Madrid, Island No. 10, and Humboldt, was -completed. On March 2d Brigadier-General J. P. McCown, an "old army" -officer, was assigned to the command of Island No. 10, forty miles -below Columbus, whither he removed his division. A. P. Stewart's -brigade was sent to New Madrid. At these points some seven thousand -troops were assembled, and the remainder marched under General -Cheatham to Union City. General Polk says: - - "In five days we moved the accumulations of six months, taking with - us all our commissary and quartermaster's stores--an amount - sufficient to supply my whole command for eight months--all our - powder and other ammunition and ordnance stores, excepting a few - shot, and gun-carriages, and every heavy gun in the fort, except two - thirty-two pounders and three carronades in a remote outwork, which - had been rendered useless." - -The movement of the enemy up the Tennessee River commenced on March -10th. General C. F. Smith led the advance, with a new division under -General Sherman. On the 13th Smith assembled four divisions at -Savannah, on the west bank of the Tennessee, at the Great Bend. The -ultimate design was to mass the forces of Grant and Buell against our -army at Corinth. Buell was still in the occupation of Nashville. On -the 16th Sherman disembarked at Pittsburg Landing, and made a -reconnaissance to Monterey, nearly half-way to Corinth. On the next -day General Grant took command. Two more divisions were added, and he -assembled his army near Pittsburg Landing, which was the most -advantageous base for a movement against Corinth. Here it lay -inactive until the battle of Shiloh. - -The Tennessee flows northwest for some distance, until, a little west -of Hamburg, it takes its final bend to the north. Here two small -streams, Owl and Lick Creeks, flowing nearly parallel, somewhat north -of east, from three to five miles apart, empty into the Tennessee. -Owl Creek forms the northern limit of the ridge, which Lick Creek -bounds on the south. These streams, rising some ten or twelve miles -back, toward Corinth, were bordered near their mouths by swamps -filled with backwater from the Tennessee, and impassable except where -the roads crossed them. - -[Map used by the Confederate generals at Shiloh] - -The inclosed space is a rolling table-land, about one hundred feet -above the river-level, with its water-shed lying near Lick Creek, and -either slope broken by deep and frequent ravines draining into two -streams. The acclivities were covered with forests, and often thick -set with undergrowth. Pittsburg Landing, containing three or four -log-cabins, was situated about midway between the mouths of the -creeks, in the narrow morass that borders the Tennessee. It was three -or four miles below Hamburg, six or seven above Savannah, the depot -of the enemy on the right bank, and twenty-two miles from Corinth. -Thus the position of the enemy was naturally strong. With few and -difficult approaches, guarded on either flank by impassable streams -and morasses, protected by a succession of ravines and acclivities, -commanded by eminences to the rear, it seemed safe against attack, -and easy to defend. No defensive works were constructed. - - -[Footnote 11: Colonel R. W. Woolley, In "New Orleans Picayune," March, -1863.] - -[Footnote 12: "The Life of Gen. Albert Sidney Johnston," by his son.] - - - - -CHAPTER XVIII. - - General Buell's March.--Object of General Johnston.--His Force.-- - Advance from Corinth.-Line of Battle.--Telegram.--The Time of the - Battle of Shiloh.--Results of the First Day's Battle.--One - Encampment not taken.--Effects.--Reports on this Failure.--Death - of General Johnston.--Remarks. - - -General Buell, who was to make a junction with General Grant, deemed -it best that his army should march through by land, as it would -facilitate the occupation of the Memphis and Charleston Railroad -through north Alabama, where General Mitchell had been assigned. -Accordingly, Buell commenced his march from Nashville on March 15th, -with a rapid movement of cavalry, followed by a division of infantry, -to seize the bridges. The bridge over Duck River being destroyed, it -was the 31st before his army crossed. His advance arrived at Savannah -on Saturday, April 5th, and our attack on Grant at Pittsburg Landing -was made on the next day, the 6th of April. The advance of General -Buell anticipated his orders by two days, and likewise the -calculations of our commanders. - -It had been the object of General Johnston, since falling back from -Nashville, to concentrate his army at Corinth, and fight the enemy in -detail--Grant first, and Buell afterward. The army of General Polk -had been drawn back from Columbus. The War Department ordered General -Bragg from Pensacola, with his well-disciplined army, to the aid of -Johnston. A brigade was sent by General Lovell from Louisiana, and -Chalmers and Walker were already on the line of the Memphis and -Charleston road with considerable commands. These forces collected at -Corinth, and to them were added such new levies as the Governors had -in rendezvous, and a few regiments raised in response to General -Beauregard's call. General Bragg, in a sketch of the battle of -Shiloh, thus speaks of General Johnston's army: - -[Picture of General Braxton Bragg] - - "In a period of four weeks, fragments of commands from Bowling Green, - Kentucky, under Hardee; Columbus, Kentucky, under Polk; and - Pensacola, Mobile, and New Orleans, under Bragg, with such new levies - as could be hastily raised, all badly armed and equipped, were united - at and near Corinth, and, for the first time, organised as an army. - It was a heterogeneous mass, in which there was more enthusiasm than - discipline, more capacity than knowledge, and more valor than - instruction. Rifles, rifled and smooth-bore muskets--some of them - originally percussion, others hastily altered from flint-locks by - Yankee contractors, many with the old flint and steel--and shot-guns - of all sizes and patterns, held place in the same regiments. The task - of organizing such a command in four weeks, and supplying it, - especially with ammunition, suitable for action, was simply - appalling. It was undertaken, however, with a cool, quiet - self-control, calling to his aid the best knowledge and talent at his - command, which not only inspired confidence, but soon yielded the - natural fruits of system, order, and discipline." - -This force, about forty thousand of all arms, was divided into four -corps, commanded respectively by Major-Generals Polk, Bragg, and -Hardee, and Brigadier-General Breckinridge. General Beauregard was -second in command under General Johnston. General Beauregard says, "A -want of general officers needful for the proper organization of -divisions and brigades of an army brought thus suddenly together, and -other difficulties in the way of effective organization, delayed the -movements until the night of April 2d." - -About one o'clock on the morning of April 3d preliminary orders were -issued to hold the troops in readiness to move at a moment's notice, -with five days' provisions and a hundred rounds of ammunition. The -orders for march and battle were issued in the afternoon. At that -time General Hardee led the advance, the Third Corps, from Corinth, -by the northernmost route, known as the Ridge road. Bivouacking that -night on the way, he arrived next morning at Mickey's, a house about -eighteen miles from Corinth and four or five miles from Pittsburg. -The Second Corps, under Bragg, marched by the direct road to -Pittsburg through Monterey, which it reached about 11 A.M. on the -4th, and bivouacked that night near Mickey's in the rear of Hardee's -corps. The First Corps, under General Polk, consisted of two -divisions, under Cheatham and Clark. The latter was ordered to follow -Hardee on the Ridge road at an interval of half an hour, and to halt -near Mickey's, so as to allow Bragg's corps to fall in behind Hardee, -at a thousand yards' interval, and form a second line of battle. -Polk's corps was to form the left wing of the third line of battle; -and Breckinridge's reserve the right wing. The other division of -Polk, under Cheatham, was on outpost duty, at and near Bethel, on the -Mobile and Ohio Railroad, about as far from Mickey's as Corinth was. -He was ordered to assemble his forces at Purdy, and pursue the route -to Monterey. He effected his junction on the afternoon of the 5th, -and took position on the left wing of Polk's corps. Breckinridge's -reserve corps moved from Burnsville early on April 4th, by way of -Farmington toward Monterey, distant fourteen miles. It did not effect -its junction with the other corps until late on the afternoon of -Saturday the 5th, being delayed by the rains on Friday and Saturday. -At daylight on the 5th Hardee moved, and by seven o'clock was -sufficiently out of the way to allow Bragg to advance. Before ten -o'clock Hardee's corps had reached the outposts and developed the -lines of the enemy. The corps was immediately deployed into line of -battle about a mile and a half west of Shiloh church, where Lick -Creek and Owl Creek approach most nearly, and are about three miles -apart. Gladden's brigade, of Bragg's corps, was on the right of -Hardee's corps, which was not sufficiently strong to occupy the whole -front. This line extended from creek to creek. Before seven o'clock -Bragg's column was in motion, and the right wing of his line of -battle formed about eight hundred yards in the rear of Hardee's line. -But the division on the left was nowhere to be seen. Even as late as -half-past twelve the missing column had not appeared, nor had any -report from it been received. General Johnston, "looking first at his -watch, then glancing at the position of the sun, exclaimed: 'This is -not _war_! Let us have our horses!' He rode to the rear until he -found the missing column standing stock-still, with its head some -distance out in an open field. General Polk's reserves were ahead of -it, with their wagons and artillery blocking up the road. General -Johnston ordered them to clear the road, and the missing column to -move forward. There was much chaffering among those implicated as to -who should bear the blame. . . . It was about four o'clock when the -lines were completely formed--too late, of course, to begin the -battle then." [13] - -The road was not clear until 2 P.M. General Polk got Clark's division -of his corps into line of battle by four o'clock; and Cheatham, who -had come up on the left, promptly followed. Breckinridge's line was -then formed on Polk's right. Thus was the army arrayed in three lines -of battle late Saturday afternoon.[14] - -The purpose of General Johnston to attack promptly is evinced in the -correspondence already introduced; it is further shown in his -telegram of April 3d, as follows: - - "To the PRESIDENT, _Richmond._ - - "General Buell in motion, thirty thousand strong, rapidly from - Colombia by Clifton to Savannah. Mitchell behind him, with ten - thousand. Confederate forces forty thousand; ordered forward to offer - battle near Pittsburg. - - "Division from Bethel, main body from Corinth, reserve from - Burnsville, converging to-morrow, near Monterey, on Pittsburg. - - "Beauregard second in command, Polk the left, Bragg the center, - Hardee the right wing, Breckinridge the reserve. - - "Hope engagement before Buell can form junction." [15] - -On the 6th of April I sent a telegram as follows: - - "GENERAL A. S. JOHNSTON: Your dispatch of yesterday received. I - hope you will be able to close with the enemy before his two - columns unite." - -[Map: Battle of Shiloh Part II] - -Though much inquiry has been made, I have not been able to recover -that dispatch "of yesterday" the 4th. It was anxiously sought -because, in cipher (private between us), he explained distinctly his -plan of battle, as the previous one had his proposed order of march. -It was in every respect important to attack at the earliest moment -after the advance of Buell's command became known. Every delay diminished -the chances of surprising the enemy, and increased the probability of his -being reënforced. Had the attack been made a day sooner, not only would -Buell's army have been absent, but there would have been no prospect -of their timely arrival; and who can measure the moral effect this -would have produced? It would be useless to review the controversies -as to who was responsible for the confusion and consequent detentions -on the march, the evil of which might have been greater if the -vigilance of the enemy had been equal to his self-sufficiency. - -War has been called a fickle goddess, and its results attributed to -chance. The great soldier of our century said, "Fortune favors the -heavy battalions"; but is it not rather exact calculation than chance -which controls the events of war, and the just determination of the -relation of time, space, and motion in the application of force, -which decides the effective weight of battalions? Had the battle of -Shiloh opened a day sooner, it would have been better; had it been -postponed a day, to attack then would have been impracticable. Had -the several columns moved on different roads, converging toward the -field of battle, the movements of some could not have been obstructed -by others, so that the troops would have been in position and the -battle have been commenced on Saturday morning. The programme and -purpose of General Johnston appear from his dispatch of the 3d, and -from the disappointment evinced by him at the failure of a portion of -the command to be present on the field on the morning of the 5th -(Saturday), as he expected. - -General Bragg, in a monograph on the battle of Shiloh, says: - - "During the afternoon of the 5th, as the last of our troops were - taking position, a casual and partly accidental meeting of general - officers occurred just in rear of our second line, near the bivouac - of General Bragg. The Commander-in-Chief, General Beauregard, General - Polk, General Bragg, and General Breckinridge, are remembered as - present. In a discussion of the causes of the delay and its - incidents, it was mentioned that some of the troops, now in their - third day only, were entirely out of food, though having marched with - five days' rations. General Beauregard, confident our movement had - been discovered by the enemy, urged its abandonment, a return to our - camps for supplies, and a general change of programme. In this - opinion no other seemed fully to concur; and when it was suggested - that 'the enemy's supplies were much nearer, and could be had for the - taking,' General Johnston quietly remarked, 'Gentlemen, we shall - attack at daylight to-morrow.' The meeting then dispersed upon an - invitation of the commanding general to meet at his tent that - evening. At that meeting a further discussion elicited the same - views, and the same firm, decided determination. The next morning, - about dawn of day, the 6th, as the troops were being put in motion, - several generals again met at the camp-fire of the general-in-chief. - The discussion was renewed. General Beauregard again expressing his - dissent; when, rapid firing in the front indicating that the attack - had commenced, General Johnston closed the discussion by remarking: - 'The battle has opened, gentlemen; it is too late to change our - dispositions.' He prepared to move to the front, and his subordinates - promptly joined their respective commands, inspired by his coolness, - confidence, and determination. Few men have equaled him in the - possession and display, at the proper time, of these great qualities - of the soldier." - -The results of the first day of the famous battle thus began are very -summarily presented in the following brief report of General -Beauregard: - - "At 5 A.M., on the 6th instant, a reconnoitering party of the enemy - having become engaged with our advanced pickets, the commander of the - forces gave orders to begin the movement and attack as determined - upon, except that Trabue's brigade of Breckinridge's division was - detached and advanced to support the left of Bragg's corps and line - of battle then menaced by the enemy; and the other two brigades were - directed to advance by the road to Hamburg to support Bragg's right; - and at the same time Maney's regiment of Polk's corps was advanced by - the same road to reënforce the regiment, of cavalry and battery of - four pieces, already thrown forward to watch and guard Grier's, - Tanner's, and Borland's Fords of Lick Creek. - - "Thirty minutes after 5 A.M., our lines and columns were in motion, - all animated evidently by a promising spirit. The front line was - engaged at once, but advanced steadily, followed in due order, with - equal resolution and steadiness, by the other lines, which were - brought successively into action with rare skill, judgment, and - gallantry by the several corps commanders, as the enemy made a stand - with his masses rallied for the struggle for his encampments. Like an - Alpine avalanche our troops moved forward, despite the determined - resistance of the enemy, until after 6 P.M., when we were in - possession of all his encampments between Owl and Lick Creeks but - one; nearly all of his field-artillery, about thirty flags, colors, - and standards, over three thousand prisoners, including a division - commander (General Prentiss), and several brigade commanders, - thousands of small-arms, an immense supply of subsistence, forage, - and munitions of war, and a large amount of means of transportation, - all the substantial fruits of a complete victory--such, indeed, as - rarely have followed the most successful battles, for never was an - army so well provided as that of our enemy. - - "The remnant of his army had been driven in utter disorder to the - immediate vicinity of Pittsburg, under the shelter of the heavy guns - of his iron-clad gunboats, and we remained undisputed masters of his - well-selected, admirably provided cantonments, after our twelve hours - of obstinate conflict with his forces, who had been beaten from them - and the contiguous covert, but only by the sustained onset of all the - men we could bring into action." - -There are two words in this report which, if they could have been -truthfully omitted, it would have been worth to us the surrender of -all "the substantial fruits of a complete victory." It says: "Our -troops moved forward, despite the determined resistance of the enemy, -until after 6 P.M., when we were in possession of all his encampments -between Owl and lick Creeks _but one_." It was that "one" encampment -that furnished a foothold for all the subsequent reënforcements sent -by Buell, and gave occasion for the final withdrawal of our forces; -whereas, if that had been captured, and the "waters of the Tennessee" -reached, as General Johnston designed, it was not too much to expect -that Grant's army would have surrendered; that Buell's forces would -not have crossed the Tennessee; but with a skillful commander, like -Johnston, to lead our troops, the enemy would have sought safety on -the north bank of the Ohio; that Tennessee, Kentucky, and Missouri -would have been recovered, the Northwest disaffected, and our armies -filled with the men of the Southwest, and perhaps of the Northwest -also. - -Let us turn to reports and authorities. The author of "The Life of -Gen. Albert Sidney Johnston" says: - - "Of the two armies, one was now an advancing, triumphant host, with - arm uplifted to give the mortal blow; the other, a broken, mangled, - demoralized mob, paralyzed and waiting for the stroke. While the - other Confederate brigades, which had shared most actively in - Prentiss's capture, were sending back the prisoners and forming again - for a final attack, two brigades, under Chalmers and Jackson, on the - extreme right, had cleared away all in front of them, and, moving - down the river-bank, now came upon the last point where even a show - of resistance was made. Being two very bold and active brigadiers, - they at once closed with the enemy in their front, crossing a deep - ravine and difficult ground to get at him. Here Colonel Webster, of - Grant's staff, had gathered all the guns he could find from - batteries, whether abandoned or still coherent, and with - stout-hearted men, picked up at random, had prepared a resistance. - Some infantry, similarly constituted, had been got together; and - Ammen's brigade, the van of Nelson's division of Buell's corps, had - landed, and was pushing its way through the throng of pallid - fugitives at the landing to take up the battle where it had fallen - from the hands of Grant and Sherman. It got into position in time to - do its part in checking the unsupported assaults of Chalmers and - Jackson." - -General Chalmers, describing this final attack in his report, says: - - "It was then about four o'clock in the evening, and, after - distributing ammunition, we received orders from General Bragg to - drive the enemy into the river. My brigade, together with that of - Brigadier-General Jackson, filed to the right and formed facing the - river, and endeavored to press forward to the water's edge; but in - attempting to mount the last ridge we were met by a fire from a whole - line of batteries, protected by infantry and assisted by shells from - the gunboats." - -In a subsequent memorandum General Chalmers writes: - - "One more resolute movement forward would have captured Grant and - his whole army, and fulfilled to the letter the battle-plan of the - great Confederate general, who died in the belief that victory was - ours. . . ."--("The Life of Gen. Albert Sidney Johnston," p. 637.) - -Brigadier-General Jackson, in his report, says: - - "My brigade was ordered to change direction again, face toward - Pittsburg, where the enemy appeared to have made his last stand, and - to advance upon him, General Chalmers's brigade being again on my - right, and extending to the swamp of the Tennessee River. Without - ammunition, and with only their bayonets to rely on, steadily my men - advanced under a heavy fire from light batteries, siege-pieces, and - gunboats. Passing through the ravine, they arrived near the crest of - the opposite hill, upon which the enemy's batteries were, but could - not be urged farther without support. Sheltering themselves against - the precipitous sides of the ravine, they remained under this fire - for some time. Finding an advance without support impracticable, - remaining there under fire useless, and believing that any further - forward movement should have been made simultaneously along our whole - line, I proceeded to obtain orders from General Withers, but, after - seeing him, was ordered by a staff-officer to retire. This order was - communicated to me as coming from General Beauregard." - -General Hardee, who commanded the first line, says in his report: - - "Upon the death of General Johnston, the command having devolved upon - General Beauregard, the conflict was continued until near sunset, and - the advance divisions were within a few hundred yards of Pittsburg, - where the enemy were huddled in confusion, when the order to withdraw - was received. The troops were ordered to bivouac on the field of - battle." - -General Polk's report says: - - "We had one hour or more of daylight still left, were within one - hundred and fifty to four hundred yards of the enemy's position, and - nothing seemed wanting to complete the most brilliant victory of the - war but to press forward and make a vigorous assault on the - demoralized remnant of his forces." - -General Gilmer, the chief engineer of the Confederate States Army, in -a letter to Colonel William Preston Johnston, dated September 17, -1872, writes as follows: - - "It is my well-considered opinion that if your father had survived - the day he would have crushed and captured General Grant's army - before the setting of the sun on the 6th. In fact, at the time your - father received the mortal wound, advancing with General - Breckinridge's command, the day was ours. The enemy having lost all - the strong positions on that memorable field, his troops fell back in - great disorder on the banks of the Tennessee. To cover the confusion, - rapid fires were opened from the gunboats the enemy had placed in the - river; but the shots passed entirely over our devoted men, who were - exultant and eager to be led forward to the final assault, which must - have resulted in a complete victory, owing to the confusion and - general disorganization of the Federal troops. I knew the condition - of General Grant's army at the moment, as I had reached a high, - projecting point on the bank of the river, about a mile above - Pittsburg Landing, and could see the hurried movements to get the - disordered troops across to the right bank. Several thousand had - already passed, and a confused mass of men crowded to the landing to - get on the boats that were employed in crossing. I rode rapidly to - General Bragg's position to report what I had seen, and suggested - that, if he would suspend the fire of his artillery and marshal his - infantry for a general advance, the enemy must surrender. General - Bragg decided to make the advance, and authorized me and other - officers to direct the commanders of the batteries to cease firing. - - "In the midst of the preparations, orders reached General Bragg from - General Beauregard directing the troops to be withdrawn and placed in - camp for the night--the intention being to resume the contest in the - morning. This was fatal, as it enabled General Buell and General - Wallace to arrive on the scene of action; that is, they came up in - the course of the night. Had General Beauregard known the condition - of the enemy as your father knew it when he received the fatal shot, - the order for withdrawal would certainly not have been given, and, - without such order, I know the enemy would have been crushed." [16] - -To General Gilmer's opinion as a scientific engineer, a soldier of -long experience, and a man of resolute will as well as calm judgment, -the greatest respect will be accorded by those who knew him in the -United States Army, as well as his associates in the Confederate Army. - -General Bragg, in his official report, says: - - "As soon as our troops could be again put in motion, the order was - given to move forward at all points and sweep the enemy from the - field. . . . Our troops, greatly exhausted by twelve hours' incessant - fighting without food, mostly responded to the order with alacrity, - and the movement commenced with every prospect of success, though a - heavy battery in our front and the gunboats on our right seemed - determined to dispute every inch of ground. Just at this time an - order was received from the commanding General to withdraw the forces - beyond the enemy's fire." - -In addition to the statements and opinions cited above, I will -introduce from a recent publication by Thomas Worthington, late -colonel of the Forty-sixth Regiment of Ohio Volunteers, two -statements showing the relative condition of the two armies in the -afternoon of the day of battle. It may be proper to say that Colonel -Worthington was regularly educated as a soldier, and had seen service -in Mexico. - -He quotes Colonel Geddes, of the Eighth Iowa Volunteers, as follows: - - "About 3 P.M. all communications with the river (landing) ceased, and - it became evident to me that the enemy was turning the right and left - flanks of our army. . . . About 2 P.M. the whole Union right, - comprising the Forty-sixth Ohio, which had held that flank two hours - or more, was driven back in disorder, and the Confederate flanking - force cut the center off from the landing, as stated by Colonel - Geddes, soon after General Johnston's fall." - -General Beauregard reports as follows: - - "It was after 6 P.M. when the enemy's last position was carried, and - his force finally broke and sought refuge behind a commanding - eminence covering Pittsburg Landing, not more than half a mile - distant, and under the guns of the gunboats, which opened on our - eager columns a fierce and annoying fire with shot and shell of the - heaviest description. Darkness was close at hand. Officers and men - were exhausted by a combat of over twelve hours, without food, and - jaded by the march of the preceding day through mud and water; it - was, therefore, impossible to collect the rich and opportune spoils - of war scattered broadcast on the field left in our possession, and - impracticable to make any effective dispositions for their removal to - the rear. - - "I accordingly established my headquarters at the church of Shiloh, - in the enemy's encampment, with Major-General Bragg, and directed our - troops to sleep on their arms in such positions in advance and rear - as corps commanders should determine, hoping, from news received by a - special dispatch, that delays had been encountered by General Buell - in his march from Columbia, and that his main forces, therefore, - could not reach the field of battle in time to save General Grant's - shattered fugitives from capture or destruction on the following day." - -Such are the representations of those having the best means of -information relative to the immediate causes of the failure to drive -the enemy from his last foothold, and gain possession of it. Some of -the more remote causes of this failure may be noticed. The first was -the death of General Johnston, which is thus described by his son: - - "General Johnston had passed through the ordeal (the charge upon the - enemy) seemingly unhurt. His noble horse was shot in four places; - his clothes were pierced by missiles; his boot-sole was cut and torn - by a Minie ball; but, if he himself had received any severe wound, he - did not know it. At this moment Governor Harris rode up from the - right, elated with his own success, and with the vindication of his - Tennesseeans. After a few words. General Johnston sent him with an - order to Colonel Statham, which, having delivered, he speedily - returned. In the mean time knots and groups of Federal soldiers kept - up an angry discharge of firearms as they retreated upon their - supports, and their last line, now yielding, delivered volley after - volley as they retreated. By the chance of war a Minie ball from one - of these did its fatal work As General Johnston, on horseback, sat - there, knowing that he had crushed in the arch which had so long - resisted the pressure of his forces, and waiting until they could - collect sufficiently to give the final stroke, he received a mortal - wound. It came in the moment of victory and triumph from a flying - foe. It smote him at the very instant when he felt the full - conviction that the day was won." - -His wound consisted in the cutting of the artery that runs down -through the thigh and divides at the knee, and passes along the -separate bones of the lower part of the leg. The wound was just above -the division or branch of the artery. It was fatal only because the -flow of blood was not stopped by a tourniquet. The narrative -continues: - - "General Beauregard had told General Johnston that morning as he rode - off, that if it should be necessary to communicate with him or for - him to do anything, he would be found in his ambulance in bed. - Governor Harris, knowing this, and how feeble General Beauregard's - health was, went first to his headquarters--just in the rear of - where the army had deployed into line the evening before. Beauregard - and his staff were gone on horseback in the direction of Shiloh - Church. He found them there. The Governor told General Beauregard - that General Johnston had been killed. Beauregard expressed regret, - and then remarked, 'Everything else seems to be going on well on the - right.' Governor Harris assented. 'Then,' said Beauregard, 'The - battle may as well go on.' The Governor replied that he certainly - thought it ought. He offered his services to Beauregard, and they - were courteously accepted. General Beauregard then remained where he - was, waiting the issue of events." [17] - -Sidney Johnston fell in sight of victory; the hour he had waited for, -the event he had planned for, had arrived. His fame was vindicated, -but far dearer than this to his patriotic spirit was it with his -dying eyes to behold his country's flag, so lately drooping in -disaster, triumphantly advancing. In his fall the great pillar of the -Southern Confederacy was crushed, and beneath its fragments the best -hope of the Southwest lay buried. A highly educated and richly -endowed soldier, his varied experience embraced also civil affairs, -and his intimate knowledge of the country and people of the Southwest -so highly qualified him for that special command that it was not -possible to fill the place made vacant by his death. Not for the -first time did the fate of an army depend upon a single man, and the -fortunes of a country hang, as in a balance, on the achievements of a -single army. To take an example far from us, in time and place, when -Turenne had, after months of successful manoeuvring, finally forced -his enemy into a position which gave assurance of victory, and had -marshaled his forces for a decisive battle, he was, when making a -preliminary reconnaissance, killed by a chance shot; then his -successor, instead of attacking, retreated, and all which the one had -gained for France, the other lost. - -To take another example, not quite so conclusive, it was -epigrammatically said by Lieutenant Kingsbury, when writing of the -battle of Buena Vista, that if the last shot, fired at the close of -the second day's conflict, had killed General Taylor, the next -morning's sun would have risen upon the strange spectacle of two -armies in full retreat from each other, the field for which they had -fought being in the possession of neither. What material consequences -would have flowed from the supposed event--how the Mexican people -would have been inspired by the retreat of our army, how far it would -have brought out all their resources for war, and to what extent -results might have been thereby affected--are speculative inquiries -on a subject from which time and circumstance have taken the interest -it once possessed. - -The extracts which have been given sufficiently prove that, when -General Johnston fell, the Confederate army was so fully victorious -that, had the attack been vigorously pressed, General Grant and his -army would before the setting of the sun have been fugitives or -prisoners. - -As our troops drew near to the river, the gunboats of the enemy -became ineffective, because to fire over the bank required such -elevation of the guns that the shot and shell passed high over the -heads of our men, falling far away in the rear. - -General Polk described the troops in advance for that reason as quite -safe from the fire of the gunboats, though it might seem terrible to -those far in the rear, and expressed the surprise and regret he felt -at the order to retire. - -Grant's army being beaten, the next step of General Johnston's -programme should have followed, the defeat of Buell's and Mitchell's -forces as they successively came up, and a return by our victorious -army through Tennessee to Kentucky. The great embarrassment had been -the want of good military weapons; these would have been largely -supplied by the conquest hoped for, and, in the light of what had -occurred, not unreasonably anticipated. - -What great consequences would have ensued must be matter of -conjecture, but that the people of Kentucky and Missouri generously -sympathized with the South was then commonly admitted. Our known want -of preparation for war and numerical inferiority may well have caused -many to doubt the wisdom of our effort for independence, and to these -a signal success would have been the makeweight deciding their course. - -I believe that again in the history of war the fate of an army -depended on one man; and more, that the fortunes of a country hung by -the single thread of the life that was yielded on the field of -Shiloh. So great was my confidence in his capacity for organization -and administration, that I felt, when he was assigned to the -Department of the West, that the undeveloped power of that region -would be made sufficient not only for its own safety, but to -contribute support if need be to the more seriously threatened East. - -There have been various suppositions as to the neglect of the wound -which caused General Johnston's death. My own opinion, founded upon -the statements of those who were near him, and upon my long -acquaintance with him and close observation of him under trying -circumstances, is, that his iron nerve and extraordinary -concentration of mind made him regardless of his wound, in the fixed -purpose to dislodge the enemy from his last position, and, while thus -struggling to complete the victory within his grasp, he unheedingly -allowed his life-blood to flow away. - -It often happens that men do not properly value their richest gifts -until taken away. Those who had erroneously and unjustly censured -Johnston, convicted of their error by the grandeur of his revealed -character, joined in the general lamentation over his loss, and -malignity even was silenced by the devoted manner of his death. My -estimation of him was based on long and intimate acquaintance; -beginning in our youth, it had grown with our growth without check or -variation, and, when he first arrived in Richmond, was expressed to -some friends yet living, in the wish that I had the power, by -resigning, to transfer to him the Presidency of the Confederate -States. - - -[Footnote 13: Colonel Munford's address at Memphis.] - -[Footnote 14: "The Life of Gen. Albert Sidney Johnston," by his son.] - -[Footnote 15: Original in the possession of Colonel W. P. Johnston.] - -[Footnote 16: "The Life of Gen. Albert Sidney Johnston," pp. 635, 636.] - -[Footnote 17: "The Life of Gen. Albert Sidney Johnston," p. 616.] - - - - -CHAPTER XIX. - - Retirement of the Army.--Remnants of Grant's Army.--Its - Reënforcements.--Strength of our Army.--Strength of Grant's Army.-- - Reorganization.--Corinth.--Advance of General Halleck.--Siege of - Corinth.--Evacuation.--Retreat to Tupelo.--General Beauregard - retires.-General Bragg in Command.--Positions on the Mississippi - River occupied by the Enemy.--New Madrid.--Island No. 10.--Fort - Pillow.--Memphis.--Attack at Hatteras Inlet.--Expedition of the - Enemy to Port Royal.--Expeditions from Port Royal.--System of Coast - Defenses adopted by us.--Fort Pulaski. - - -At the ensuing nightfall our victorious army retired from the front -and abandoned its vantage-ground on the bluffs, which had been won at -such a cost of blood. The enemy thereby had room and opportunity to -come out from their corner, reoccupy the strong positions from which -they had been driven, and dispose their troops on much more favorable -ground. Called off by staff-officers, who gave no specific -instructions, our brigades, according to circumstances, bivouacked on -the battle-field, marched to the rear, or made themselves comfortable -on the profuse spoils of the enemy's encampments. General Buell says: - - "Of the army of not less than fifty thousand effective men, which - Grant had on the west bank of the Tennessee River, not more than five - thousand were in ranks and available on the battlefield at nightfall - on the 6th, exclusive of Lew Wallace's division, say eight thousand - five hundred men that only came up during the night. The rest were - either killed, wounded, captured, or scattered in inextricable and - hopeless confusion for miles along the banks of the river." - -In addition to the arrival of Wallace's division, the entire -divisions of Nelson and Crittenden got across the river during the -night, and by daylight that of McCook began to arrive; all but the -first named belonged to Buell's army. The work of reorganization of -fragments of Grant's force also occupied the night. In the morning -the arrival of reënforcements to the enemy continued. - -On the morning of the 7th the enemy advanced about six o'clock, and -opened a heavy fire of musketry and artillery, such as gave assurance -that the reënforcements had arrived, to anticipate which the battle -of the 6th had been fought. A series of combats ensued, in which the -Confederates showed their usual valor; but, after the junction had -been effected between Grant and Buell, which Johnston's movement was -made to prevent, our force was unequal to resist the combined armies, -and retreat was a necessity. - -The field return of the Army of Mississippi before and after the -battle of Shiloh was as follows: infantry and artillery, effective -before the battle, 35,953; cavalry, 4,382; total, 40,335. Infantry -and artillery, effective after the battle, 25,555; cavalry, 4,081; -total, 29,636. Difference, 10,699. Casualties in battle: killed, -1,728; wounded, 8,012; missing, 959. - -The effective force of General Grant's army engaged in the battles of -April 6th and 7th at Shiloh was 49,314; reënforcements of General -Buell, 21,579; total, 70,893. The casualties in the battle of April -6th in Grant's force were as follows: killed, 1,500; wounded, 6,634; -missing, 3,086; total, 11,220; leaving, for duty on the 7th, 59,673. - -On April 9th Major-General H. W, Halleck left St. Louis and proceeded -to Pittsburg Landing to assume command of the enemy's forces in the -field. A reorganization was made, in which General Grant's divisions -formed the right wing, those of General Buell the center, and those -of General Pope, brought from the west side of the Mississippi, the -left wing; and an advance on Corinth was commenced. - -Corinth, the position from which our forces had advanced to Shiloh or -Pittsburg Landing, and to which they had now retired, was a small -village in the northeast corner of the State of Mississippi. It was -ninety miles east of Memphis and twenty or twenty-two west of the -Tennessee River. The Memphis and Charleston Railroad ran from west to -east through it, and the Mobile and Ohio road from south to north. -The country between it and the Tennessee River was quite rugged, -broken into ridges, and covered with a heavy forest. The position -itself was flat, the water poor. Being the point at which two -principal railroads crossed, it served admirably for the -concentration of our forces. - -Corinth was a strategic point of importance, and it was intended to -be held as long as circumstances would permit; but it was untenable -in the face of a largely superior force, owing to the ease with which -the railroad communications in the rear could be cut by the enemy's -cavalry. The small streams and contiguous flats in its front formed -some obstacles which were not passed by the enemy until after the -retreat of our army. The defenses were slight, consisting of -rifle-pits and earthworks of little elevation or strength. - -The movement of General Halleck against this position commenced from -Pittsburg Landing on April 28th with a force exceeding eighty-five -thousand effectives. On May 3d he had reached within eight miles of -Corinth, and on the 21st his batteries were within three miles. This -slow progress was probably the result of a conviction that our force -was very large, rather than of the bad state of the roads. So great -were his precautions, that every night his army lay in an intrenched -camp, and by day it was assailed by skirmishers from our army in more -or less force. - -General Sherman, in his report of May 30th, says: - - "My division has constructed seven distinct intrenched camps since - leaving Shiloh, the men working cheerfully and well all the time, - night and day. Hardly had we finished one camp before we were called - on to move forward and build another. But I have been delighted at - this feature in the character of my division, and take this method of - making it known. Our intrenchments near Corinth and at Russell's, - each built substantially in one night, are stronger works of art than - the much-boasted forts of the enemy at Corinth." - -The line of railroad on the north and east had been cut by the enemy, -and an attempt made on the south. But so well was his apprehension of -our strength maintained, that he continued his intrenched approaches -until within one thousand yards of our main works. - -General Sherman says: - - "By 9 A.M. of the 29th our works were substantially done, and our - artillery in position, and at 4 P.M. the siege-train was brought - forward. . . . So near was the enemy that we could hear the sound of - his drums and sometimes of voices in command; and the railroad-cars - arriving and departing at Corinth were easily distinguished. For some - days and nights cars have been arriving and departing very - frequently, especially in the night; but last night (the 29th) more - so than usual, and my suspicions were aroused. Before daybreak I - instructed the brigade commanders and the field-officer of the day to - feel forward as far as possible; but all reported the enemy's pickets - still in force in the dense woods to our front. But about 6 A.M. a - curious explosion, sounding like a volley of large siege-pieces, - followed by others, singly, and in twos and threes, arrested our - attention, and soon after a large smoke arose from the direction of - Corinth, when I telegraphed to General Halleck to ascertain the - cause. He answered that he could not explain it, but ordered me to - advance my division and feel the enemy, if still in my front. I - immediately put in motion two regiments of each brigade, by different - roads, and soon after followed with the whole division--infantry, - artillery, and cavalry. General M. L. Smith's brigade moved rapidly - down the main road, entering the first redoubt of the enemy at 7 A.M. - It was completely evacuated, and by 8 A.M. all my division was at - Corinth and beyond." - -The force of General Beauregard was less than forty-five thousand -effective men. He estimated that of the enemy to be between -eighty-five and ninety thousand men. All the troops of the enemy in -reserve in Arkansas, Missouri, Kentucky, and Illinois were brought -forward, except the force of Curtis, in Arkansas, and placed in front -of our position. No definite idea of their number was formed. In the -opinion of Beauregard, a general attack was not to be hazarded; but -on May 3d an advance was made to attack the corps of General Pope, -when only one of his divisions was in position, and that gave way so -rapidly it could not be overtaken. Again, on May 9th, an advance was -made, hoping to surprise the enemy. But a division, which should have -been in position at three o'clock in the morning, or early dawn, was -detained until three in the afternoon by the mistakes of the guide. -The enemy thus became informed of the movement, and no surprise could -be effected. General Beauregard commenced the removal of his sick, -preparatory to an evacuation, on May 26th; on the next day -arrangements for falling back were made, and the work completed on -the 29th. So complete was the evacuation, that not only was the army -successfully withdrawn, but also every piece of ordnance, only a -quantity of damaged ammunition being left behind. The retreat was -continued to Tupelo, without any serious conflict with the enemy; but -during the retreat seven locomotives were reported to be lost by the -burning of a bridge, and a number of cars, most of which were loaded -with stores, were ordered to be burned. - -On June 14th orders were sent to General Bragg, from Richmond, to -proceed to Jackson, Mississippi, and temporarily to assume command of -the department then under command of General Lovell. The order -concluded as follows: - - "After General Magruder joins, your further services there may be - dispensed with. The necessity is urgent and absolute. - - "J. DAVIS." - -On application to General Beauregard for the necessary order, he -replied: - - "You can not possibly go. My health does not permit me to remain in - charge alone here. This evening my two physicians were insisting that - I should go away for one or two weeks, furnishing me with another - certificate for that purpose, and I had concluded to go--intending - to see you to-morrow on the subject, and leave you in command." - -The certificate of the physicians was as follows: - - "HEADQUARTERS, WESTERN DEPARTMENT, - - "TUPELO, _June 14, 1862._ - - "We certify that, after attendance on General Beauregard for the past - four months, and treatment of his case, in our professional opinion - he is incapacitated physically for the arduous duties of his present - command, and we urgently recommend rest and recreation. - - "R. L. Brodie, Surgeon, P. A. C. S. - - "Sam Choppin, Surgeon, P. A. C. S." - -These facts were telegraphed to me at once by General Bragg. Soon -after, I sent a second dispatch to him, renewing the order, and -expressing my surprise that he should have hesitated to obey, when -the original order stated "the necessity is urgent and absolute." -Before this second dispatch was received by General Bragg, General -Beauregard had transferred the command to him, and had departed for -Bladen Springs. General Bragg thus describes the subsequent -proceedings: - - "Prepared to move, I telegraphed back to the President that the - altered conditions induced me to await his further orders. In reply - to this, I was immediately notified by telegraph of my assignment to - the 'permanent command of the army,' and was directed to send General - Van Dorn to execute my first instructions." - -From this statement it appears--1. That General Beauregard was not, -as has been alleged, harshly deprived of his command, but that he -voluntarily surrendered it, after being furnished with medical -certificates of his physical incapacity for its arduous duties. 2. -That he did not even notify his Government, still less ask permission -to retire. 3. That the order, assigning another to the command he had -abandoned, could not be sent through him, when he had departed and -gone to a place where there was no telegraph, and rarely a mail. 4. -That it is neither customary nor proper to send orders to the -commander of an army through a general on sick-leave; and in this -case it would have been very objectionable, as a similar order had -just been sent and disobeyed. - -Meanwhile some other events had occurred in the Western Department -which should be mentioned. The movement of the forces of the enemy up -the Tennessee River, as has been stated, thus flanking some of our -positions on the Mississippi River, was followed by his fitting out a -naval fleet to move down that river. This fleet, consisting of seven -ironclads and one gun-boat, ten mortar-boats, each carrying a -thirteen-inch mortar, a coal-barge, two ordnance-steamers, and two -transports with troops, left Cairo on March 14th, and arrived at -Hickman that evening. A small force of our cavalry left upon its -approach. Columbus, as has been stated, had previously been evacuated -by our forces and occupied by the enemy. In the morning the fleet -continued down toward Island No. 10. This island is situated in that -bend of the river which touches the border of Tennessee, a few miles -further up the river than New Madrid, although nearly southeast of -that point. - -In the latter part of February a large force of the enemy under -Major-General Pope left Commerce, Missouri, and moved south about -fifty miles to New Madrid, with the object of capturing that place. -Aided by the gunboats of Commander Hollins, our small force repulsed -the assaults of the enemy three times, but such was the disparity of -numbers that it soon became manifest that our forces could not -successfully hold the position, and it was evacuated on the night of -March 13th. Its defenses consisted of two earthworks, in which about -twenty guns were mounted. These were spiked and rendered unfit for -use. - -The bombardment of Island No. 10, above described, commenced on March -15th, and was continued night and day. Up to April 1st the enemy -fired several thousand thirteen-inch and rifle shells. On March 17th -a general attack with five gunboats and four mortar-boats was made, -and continued nine hours, without any serious result. Finally, the -forces of the enemy were greatly increased, and began to occupy both -banks of the river, and also the river above and below the island, -when a portion of our force retired, and about April 7th the -remainder surrendered. - -The fleet, on April 12th, proceeded next to Fort Pillow, about a -hundred and eighty miles below Island No. 10, and a bombardment was -commenced on the next day. This was continued without effect until -the night of June 4th, when both Forts Pillow and Randolph, the -latter some twelve miles below the former, were evacuated--these -positions having become untenable in consequence of the withdrawal of -our forces from Corinth and the adjacent portion of Tennessee. - -Nothing now remained to oppose the enemy's fleet but our gunboats at -Memphis, which were, say, seventy miles farther down the river. The -gallantry and efficiency displayed by our improvised river navy at -New Madrid and Island No. 10 gave rise to hopes scarcely justified by -the number of our vessels or their armament. Our boats had fewer guns -than those of the enemy, and they were less substantially -constructed, but their officers and crews took counsel of their -country's need rather than of their own strength. They manfully -engaged the enemy, and disabled one of his rams, but after an hour's -conflict were compelled to retire. - -The possession of Memphis being no longer disputed, its occupation by -the enemy promptly followed. - -At an early period of the war the Government of the United States -organized some naval and military expeditions, with a view to capture -our harbors, to occupy an extensive tract of country in their -vicinity, and especially to obtain possession of a portion of our -cotton-crop. The first movement of this kind was by a fleet of naval -vessels and transports which appeared off Hatteras Inlet on August -27, 1861. This inlet is a gap in the sandy barrier that lines the -coast of North Carolina about eighteen miles southwest of Cape -Hatteras. It was the principal entrance to Pamlico Sound, a large -body of water lying between the sandy beach and the mainland. The -channel of the entrance had about seven feet of water, and was -protected by two small forts constructed on the sand. Our forces were -under the command of Captain Samuel Barron, an officer of -distinction, formerly in the United States Navy. After a short -bombardment, which developed the strength of the enemy and his own -comparative weakness, he capitulated. - -A much larger fleet of naval vessels and transports, carrying fifteen -thousand men, appeared off the harbor of Port Royal, South Carolina, -on November 4, 1861. This harbor is situated midway between the -cities of Charleston and Savannah. It is a broad estuary, into which -flow some two or three streams, the interlacing of which with creeks -forms a group of numerous islands. The parish, of which these are the -greater part, constituted the richest agricultural district in the -State; its staples being sea-island cotton and rice. The principal -defenses were Fort Walker, a strong earthwork on Hilton Head, and -Fort Beauregard on Philip's Island. The attack was made by the enemy -on the 7th, by a fleet consisting of eight steamers and a -sloop-of-war in tow. Some of the steamers were of the first class, as -the Wabash and the Susquehanna. The conflict continued for four -hours, when the forts, because untenable, were abandoned. - -In the early part of 1862 several reconnaissances were sent out from -Port Royal, and subsequently an expedition visited Darien and -Brunswick in Georgia, and Fernandina, Jacksonville, and St. Augustine -in Florida. Its design was to take and keep under control this line -of seacoast, especially in Georgia. Some small steamers and other -vessels were captured, and some ports were occupied. - -The system of coast defenses which was adopted and the preparations -which had been at that time made by the Government to resist these -aggressions of the enemy should be stated. By reference to the -topography of our coast, it will be seen that, in the State of North -Carolina, are Albemarle and Pamlico Sounds, penetrating far into the -interior; then the Cape Fear River, connecting with the ocean by two -channels, the southwest channel being defended by a small inclosed -fort and a water-battery. On the coast of South Carolina are -Georgetown and Charleston Harbors. A succession of islands extends -along the coast of South Carolina and Georgia, separated from the -mainland by a channel which is navigable for vessels of moderate -draft from Charleston to Fernandina, Florida. There are fewer -assailable points on the Gulf than on the Atlantic. Pensacola, -Mobile, and the mouth of the Mississippi were defended by works that -had hitherto been regarded as sufficiently strong to repulse any -naval attack that might be made upon them. Immediately after the -bombardment of Fort Sumter, the work of improving the seacoast -defense was begun and carried forward as rapidly as the limited means -of the Government would permit. - -The work that was now done has been so summarily and satisfactorily -described by General A. L. Long, chief of artillery, in a paper -contributed to the Southern Historical Society, that I avail myself -of a few extracts:[18] - - "Roanoke Island and other points on Albemarle and Pamlico Sounds were - fortified. Batteries were established on the southeast entrance of - Cape Fear River, and the works on the southwest entrance - strengthened. Defenses were constructed at Georgetown, and at all - assailable points on the northeast coast of South Carolina. The works - of Charleston Harbor were greatly strengthened by earthworks and - floating batteries. The defenses from Charleston down the coast of - South Carolina and Georgia were confined chiefly to the islands and - salient points bearing upon the channels leading inland. Defensive - works were erected at all important points along the coast. Many of - the defenses, being injudiciously located and hastily erected, - offered but little resistance to the enemy when attacked. These - defeats were not surprising, when we take into consideration the - inexperience of the engineers, and the long line of seacoast to be - defended. As soon as a sufficient naval force had been collected, an - expedition under the command of General E. F. Butler was sent to the - coast of North Carolina, and captured several important points. A - second expedition, under Admiral Dupont and General Thomas W. - Sherman, was sent to make a descent on the coast of South Carolina. - On the 7th of November Dupont attacked the batteries that were - designed to defend Port Royal harbor, as stated above, and almost - without resistance carried them and gained possession of Port Royal. - This is the best harbor in South Carolina, and is the strategic key - to all the South Atlantic coast. Later, Burnside captured Roanoke - Island, and established himself in eastern North Carolina without - resistance. The rapid fall of Roanoke Island and Port Royal Harbor - struck consternation into the hearts of the inhabitants along the - entire coast. The capture of Port Royal gave to the Federals the - entire possession of Beaufort Island, which afforded a secure place - of rest for the army, while the harbor gave a safe anchorage for the - fleet. Beaufort Island almost fills a deep indenture in the main - shore, being separated the greater part of its extent by a narrow - channel, which is navigable its entire circuit. Its northern - extremity extends to within a few miles of the Charleston and - Savannah Railroad. The main road from Port Royal to Pocotaligo - crosses the channel at this point. The evacuation of Hilton Head, on - the southwestern extremity of Beaufort Island, followed the capture - of Port Royal. This exposed Savannah, only about twenty-five miles - distant, to an attack from that direction. At the same time, the - Federals having command of Helena Bay, Charleston was liable to be - assailed from North Edisto or Stono Inlet, and the railroad could - have been reached without opposition by the route from Port Royal to - Pocotaligo. - - "Such was the state of affairs when General Lee reached Charleston, - about December 1, 1861, to assume the command of the Department of - North Carolina, Georgia, and Florida. His vigorous mind at once - comprehended the situation, and, with his accustomed energy, he met - the difficulties that presented themselves. Directing fortifications - to be constructed on the Stono and the Edisto and the Combahee, he - fixed his headquarters at Coosawhatchee, the point most threatened, - and directed defenses to be erected opposite Hilton Head, and on the - Broad and Salkehatchie, to cover Savannah. These were the points - requiring immediate attention. He superintended in person the works - overlooking the approach to the railroad from Port Royal, and soon - infused into his troops a part of his own energy. The works he had - planned rose with magical rapidity. A few days after his arrival at - Coosawhatchee, Dupont and Sherman sent their first reconnaissance in - that direction, which was met and repulsed by shots from the newly - erected batteries; and now, whether the Federals advanced toward the - railroad or turned in the direction of Charleston or Savannah, they - were arrested by our batteries. The people, seeing the Federals - repulsed at every point, regained their confidence, and with it their - energy. - - "The most important points being now secured against immediate - attack, the General proceeded to organize a system of seacoast - defense different from that which had been previously adopted. He - withdrew the troops and material from those works which had been - established on the islands and salient points which he could not - defend to a strong interior line, where the effect of the Federal - naval force would be neutralized. After a careful reconnaissance of - the coast, he designated such points as he considered it necessary to - fortify. The most important positions on this extensive line were - Georgetown, Charleston, Pocotaligo, Coosawhatchee, and Savannah. - Coosawhatchee, being central, could communicate with either - Charleston or Savannah in two or three hours by railroad, and in case - of an attack they could support each other. The positions between - Coosawhatchee and Savannah, and those between the former and - Charleston, could be reënforced from the positions contiguous to - them; there was thus a defensive relation throughout the entire line, - extending from Winyaw Bay to the mouth of St. Mary's River, in - Georgia, a distance of about two hundred miles. These detached and - supporting works covered a most important agricultural country, and - sufficed to defend it from the smaller expeditions made against that - region. - - "About March 1st the gunboats of the enemy entered the Savannah River - by way of the channel leading from Hilton Head. Our naval force was - too weak to dispute the possession with them, and they thus cut off - the communication of Fort Pulaski with the city. Soon after, the - enemy landed a force, under General Gillmore, on the opposite side of - the fort. By April 1st they had powerful batteries in position, and - on that day opened fire on the fort. Having no hope of succor, Fort - Pulaski, after striking a blow for honor, surrendered with about five - hundred men." [19] - - -[Footnote 18: "Seacoast Defenses of the Carolinas and Georgia."] - -[Footnote 19: General A. L. Long, in Historical Society Papers.] - - - - -CHAPTER XX. - - Advance of General McClellan toward Centreville; his Report.--Our - Forces ordered to the Peninsula.--Situation at Yorktown.--Siege by - General McCellan.--General Johnston assigned to Command; his - Recommendation.--Attack on General Magruder at Yorktown.--Movements - of McClellan.--The Virginia.--General Johnston retires.--Delay at - Norfolk.--Before Williamsburg.--Remark of Hancock.--Retreat up the - Peninsula.--Sub-terra Shells used.-Evacuation of Norfolk.--Its - Occupation by the Enemy. - - -In a previous chapter the retreat of our army from Centreville has -been described, and reference has been made to the anticipation of -the commanding general, J. E. Johnston, that the enemy would soon -advance to attack that position. Since the close of the war we have -gained information not at that time to us attainable, which shows -that, as early as the 31st of January, 1862, the commanding General -of the enemy's forces presented to his President an argument against -that line of operations, setting forth the advantages of a movement -by water-transports down the Chesapeake into the Rappahannock; and -that in the following February, by the direction of President -Lincoln, General McClellan held a council with twelve of the generals -of that army, who decided in favor of the movement by way of -Annapolis, and thence to the Rappahannock, to which their President -gave his assent. When General McClellan, then in the city of -Washington, heard that our army had retired, he ordered a general -movement of his troops toward the position we had lately occupied. A -detachment was sent to make reconnaissance as far as the line of the -Rappahannock, by which it was ascertained that our troops had passed -beyond that river. His account of this movement was given in the -following report: - - "FAIRFAX COURT-HOUSE, _March 11, 1862,_ 8.30 P.M. - - "I have just returned from a ride of more than forty miles. Have - examined Centreville, Union Mills, Blackburn's Ford, etc. The rebels - have left all their positions, and, from the information obtained - during our ride to-day, I am satisfied that they have fallen behind - the Rapidan, holding Fredericksburg and Gordonsville. Their movement - from here was very sudden. They left many wagons, some caissons, - clothing, ammunition, personal baggage, etc. Their winter-quarters - were admirably constructed, many not yet quite finished. The works at - Centreville are formidable; more so than at Manassas. Except the - turnpike, the roads are horrible. The country entirely stripped of - forage and provisions. Having fully consulted with General McDowell, - I propose occupying Manassas with a portion of Banks's command, and - then at once throwing all forces I can concentrate upon the line - agreed upon last week. The Monitor justifies this course. I - telegraphed this morning to have the transports brought to - Washington, to start from there. I presume you will approve this - course. Circumstances may keep me out here some little time - longer.[20] - - "G. B. MCCLELLAN, _Major-General_. - - "Hon. E. M. STANTON, _Secretary of War_." - -The reference to the Monitor is to be explained by the condition -previously made in connection with the proposition of going to -Fortress Monroe, that the Merrimac, our Virginia, should first be -neutralized. The order to bring the "transports" to Washington was -due to the fact that they had not dared to run by our batteries on -the Potomac, and intended to avoid them by going to Annapolis for -embarkation. The withdrawal of our batteries from the banks of the -Potomac had removed the objection to going down that river, and the -withdrawal of our forces across the Rappahannock was fatal to the -programme of landing on that river, and marching to Richmond before -our forces could be in position to resist an attack on the capital. -Notwithstanding the assurance given that the destruction of railroads -and bridges proved that our army could not intend to advance, -apprehension was still entertained of an attack upon Washington. - -As soon as we ascertained that the enemy was concentrating his forces -at Fortress Monroe, to advance upon our capital by that line of -approach, all our disposable force was ordered to the Peninsula, -between the James and York Rivers, to the support of General John B. -Magruder, who, with a force of seven to eight thousand men, had, by -availing himself of the Warwick River, a small stream which runs -through a low, marshy country, from near Yorktown to the James River, -constructed an intrenched line across the Peninsula, and with equal -skill and intrepidity had thus far successfully checked every attempt -to break it, though the enemy was vastly superior in numbers to the -troops under General Magruder's command. Having a force entirely -inadequate to occupy and defend the whole line, over thirteen miles -long, he built dams in the Warwick River, so as to form pools, across -which the enemy, without bridges, could not pass, and posted -detachments at each dam to prevent the use of them by attacking -columns of the enemy. To defend the left of his line, where the -stream became too small to present a serious obstacle to the passage -of troops, redoubts were constructed, with curtains connecting them. - -Between Yorktown and Gloucester Point, on the opposite shore, the -York River is contracted to less than a mile in width, and General -Magruder had constructed batteries at both places, which, by their -cross fire, presented a formidable obstacle to the accent of ordinary -vessels. The fortifications at Norfolk and the navy-yard, together -with batteries at Sewell's Point and Craney Island, in conjunction -with the navy, offered means of defense against any attempt to land -troops on the south side of James River. After the first trial of -strength with our Virginia, there had been an evident disinclination -on the part of the enemy's vessels to encounter her, so that, as long -as she floated, the deep water of the roads and mouth of James River. -was not likely to be invaded by ships of war. - -As a second line of defense, a system of detached works had been -constructed by General Magruder near to Williamsburg, where the width -of the Peninsula, available for the passage of troops, was only three -or four miles. The advantage thus secured to his forces, if they -should be compelled to retreat, will be readily appreciated. I am not -aware that torpedoes had been placed in York River to prevent the -entrance of the enemy's vessels; indeed, at that time, but little -progress had been made in the development of that means of harbor and -river defense. General Rains, as will be seen hereafter, had matured -his invention of sensitive fuse-primers for sub-terra shells, and -proposed their use for floating torpedoes. Subsequently he did much -to advance knowledge in regard to making torpedoes efficient against -the enemy's vessels. - -Such was the condition of the Virginia Peninsula between the York and -James Rivers when General McClellan embarked the mass of the army he -commanded in northern Virginia and proceeded to Fortress Monroe; and -when the greater part of our army, under the command of General J. E. -Johnston, was directed to move for the purpose of counteracting this -new plan of the enemy. - -Early in April, General McClellan had landed about one hundred -thousand men at or near Fortress Monroe.[21] At this time General -Magruder occupied the lower Peninsula with his force of seven or -eight thousand men. Marshes, creeks, and dense wood gave to that -position such advantage that, in his report, made at a subsequent -period, he expressed the belief that with twenty or twenty-five -thousand men he could have held it against any supposable attack. -When McClellan advanced with his immense army, Magruder fell back to -the line of Warwick River, which has been imperfectly described, and -there checked the enemy; and the vast army of invasion, repulsed in -several assaults by the most heroic conduct of our troops, commenced -a siege by regular approaches. After the first advance of the enemy, -General Magruder was reënforced by some troops from the south side of -James River and General Wilcox's brigade, which had been previously -detached from the army under General Johnston. On the 9th of April -General Magruder's command, thus reënforced, amounted to about twelve -thousand. On that day General Early joined with his division from the -Army of Northern Virginia. It had gone by rail to Richmond and thence -down the York and James Rivers in vessels towed by tugs--except the -trains and artillery, which moved by land. This division had about -eight thousand officers and men for duty. General Magruder's force -was thus increased to about twenty thousand. This was the first -detachment from the Army of Northern Virginia which arrived on the -Peninsula. - -General McClellan, in a cipher dispatch of the 7th of April, two days -previous, informed Secretary Stanton that prisoners stated that -General J. E. Wharton (no doubt, Johnston) had the day before arrived -in Yorktown with strong reënforcements, and adds: "It seems clear -that I shall have the whole force of the enemy on my hands, probably -not less than one hundred thousand men, and possibly more. . . . When -my present command all joins, I shall have about eighty-five thousand -men for duty, from which a large force must be taken for guards, -escort, etc." After some remarks about the strength of our -intrenchments, and his conviction that the great battle which would -decide the existing contest would be fought there, he urges as -necessary for his success that there should be an attack on the rear -of Gloucester Point, and adds: "My present strength will not admit of -a detachment for this purpose without materially impairing the -efficiency of this column. Commodore Goldsborough thinks the work too -strong for his available vessels, unless I can turn Gloucester." [22] - -In the cipher dispatch of the 7th of April to President Lincoln, -General McClellan acknowledges a telegram of the previous day, and -adds, "In reply, I have the honor to state that my entire force for -duty only amounts to about eighty-five thousand men." [23] He then -mentions the fact that General Wool's command is not under his -orders, etc. - -Subsequent correspondence clearly shows that General McClellan would -not risk making a detachment from his army to turn the position at -Gloucester Point, and that the navy would not attempt to operate -against the battery at that place. He therefore urgently pressed for -reënforcements to act on the north side of York River. - -General Magruder had, up to and after the time of receiving the -reënforcements before mentioned, worked day and night in constructing -and strengthening his defenses. His small force had been assisted in -this work by a considerable body of negro laborers, and an active -participant and competent judge, General Early, thus wrote of his -conduct: - - "The assuming and maintaining this line by Magruder, with his small - force, in the face of such overwhelming odds, was one of the boldest - exploits ever performed by a military commander; and he had so - manoeuvred his troops, by displaying them rapidly at different - points, as to produce the impression on his opponent that he had a - large army." - -As soon as it was definitely ascertained that General McClellan, with -his main army, was on the Peninsula, General J. E. Johnston was -assigned to the command of the Department of the Peninsula and -Norfolk, and directed to proceed thither to examine the condition of -affairs there. After spending a day on General Magruder's defensive -line, he returned to Richmond, and recommended the abandonment of the -Peninsula, and that we should take a defensive position nearer to -Richmond. The question was postponed, and an appointment made for its -discussion, to which I proposed to invite the Secretary of War, -General Randolph, and General Lee, then stationed in Richmond, and in -general charge of army operations. General Johnston asked that he -might invite General Longstreet and General G. W. Smith to be -present, to which I assented. - -At this meeting. General Johnston announced his plan to be, the -withdrawal of General Magruder's troops from the Peninsula, and of -General Huger's from Norfolk, to be united with the main body of the -Army of Northern Virginia, and the withdrawal of the troops from -South Carolina and Georgia, his belief being that General Magruder's -line was indefensible with the forces we could concentrate there; -that the batteries at Gloucester Point could not be maintained; that -the enemy would turn the position at Yorktown by ascending the York -River, if the defensive line there should possibly be maintained. To -this plan the Secretary of War objected, because the navy-yard at -Norfolk offered our best if not our only opportunity to construct in -any short time gunboats for coastwise and harbor defense. General -Lee, always bold in his views and unusually sagacious in penetrating -the designs of the enemy, insisted that the Peninsula offered great -advantages to a smaller force in resisting a numerically superior -assailant, and, in the comprehensive view which he usually took of -the necessities of other places than the one where he chanced to be, -objected to withdrawing the troops from South Carolina and Georgia, -as involving the probable capture of Charleston and Savannah. By -recent service in that section he was well informed as to the -condition of those important ports. General G. W. Smith, as well as I -remember, was in full accord with General Johnston, and General -Longstreet partially so. - -After hearing fully the views of the several officers named, I -decided to resist the enemy on the Peninsula, and, with the aid of -the navy, to hold Norfolk and keep the command of the James River as -long as possible. Arrangements were made, with such force as our -means permitted, to occupy the country north of Richmond, and the -Shenandoah Valley, and, with the rest of General Johnston's command, -to make a junction with General Magruder to resist the enemy's forces -on the Peninsula. Though General J. E. Johnston did not agree with -this decision, he did not ask to be relieved, and I had no wish to -separate him from the troops with whom he was so intimately -acquainted, and whose confidence I believed he deservedly possessed. - -To recur to General Magruder: soon after the landing of the enemy, -skirmishes commenced with our forces, and the first vigorous attempt -was made to break the line at Lee's Mills, where there were some -newly constructed defenses. The enemy was so signally repulsed that -he described them as very strong works, and thereafter commenced the -construction of parallels and regular approaches, having an -exaggerated idea as well of the number of our troops as of the -strength of our works at that time. General Magruder, in his report, -notices a serious attempt to break his line of the Warwick at Dam No. -1, about the center of the line, and its weakest point. Opening with -a heavy bombardment at nine in the morning, which continued until -three P.M., heavy masses of infantry then commenced to deploy, and, -with musketry-fire, were thrown forward to storm our six-pounder -battery, which had been effectively used, and was the only artillery -we had there in position. A portion of the column charged across the -dam, but Brigadier-General Howell Cobb met the attack with great -firmness, the enemy was driven with the bayonet from some of our -rifle-pits of which he had gained possession, and the assaulting -column recoiled with loss from the steady fire of our troops. - -The enemy's skirmishers pressed closely in front of the redoubts on -the left of our line, and with their long-range rifles had a decided -advantage over our men, armed with smooth-bore muskets. In addition -to the rifle-pits they dug, they were covered by a dwelling-house and -a large peach-orchard which extended to within a few hundred yards of -our works. On the 11th of April General Magruder ordered sorties to -be made from all the main points of his line. General Wilcox sent out -a detachment from Wynne's Mill which encountered the advance of the -enemy in his front and drove it back to the main line. Later in the -day General Early sent out from Redoubt No. 5 Colonel Ward's Florida -regiment and the Second Mississippi Battalion, under Colonel Taylor. -They drove the sharpshooters from their rifle-pits and pursued them -to the main road from Warwick Court-House, encountered a battery -posted at an earthwork, and compelled it precipitately to retire. On -the approach of a large force of the enemy's infantry, Colonel Ward -returned to our works, after having set fire to the dwelling-house -above mentioned. These affairs developed the fact that the enemy was -in strong force, both in front of Wynne's Mill and Redoubts Nos. 4 -and 5. On the next night General Early sent out Colonel Terry's -Virginia regiment to cut down the peach-orchard and burn the rest of -the houses which had afforded shelter to the assailants; and on the -succeeding night Colonel McRae, with his North Carolina regiment, -went farther to the front and felled the cedars along the main road -which partially hid the enemy's movements, and subsequently our men -were not annoyed by the sharpshooters. About the middle of April a -further reënforcement of two divisions from the Army of Northern -Virginia was added to our forces on the Peninsula, which amounted, -when General Johnston assumed command, to something over fifty -thousand. - -The work of strengthening the defenses was still continued. On the -16th of April an assault was made on our line, to the right of -Yorktown, which was repulsed with heavy loss to the enemy, and such -serious discomfiture that henceforward his plan seemed to be to rely -upon bombardment, for which numerous batteries were prepared. - -The views of the enemy, as revealed by the testimony before the -Committee on the Conduct of the War, were that he could gain -possession of Gloucester Point only by reënforcements operating on -the north side of York River, or by the previous reduction of -Yorktown. In addition to the answer given by General McClellan, I -quote from the testimony of General Keyes. He said, "The possession -of Gloucester Point by the enemy retarded the taking of Yorktown, and -it also enabled the enemy to close the river at that point," and -added, "Gloucester must have fallen upon our getting possession of -Yorktown, and the York River would then have been open." [24] - -With the knowledge possessed by us, General McClellan certainly might -have sent a detachment from his army which, after crossing the York -River, could have turned the position at Gloucester Point and have -overcome our small garrison at that place; but this is but one of the -frequent examples of war in which the immunity of one army is derived -from the mistakes of the other. - -An opinion has existed among some of our best-informed officers that -Franklin's division was kept on transports for the purpose of landing -on the north side of York River to capture our battery at Gloucester -Point, and thus open the way to turn our position by ascending the -York River. Upon the authority of Swinton, the fairest and most -careful of the Northern writers on the war, it appears that -Franklin's division had disembarked before the evacuation of -Yorktown; and, upon the authority of the Prince de Joinville, serving -on the staff of General McClellan, it appears that his commanding -general was not willing to intrust that service to a single division, -and plaintively describes the effect produced by the refusal of -President Lincoln to send McDowell's corps to reënforce McClellan. He -writes thus: - - "The news was received by the Federal army with dissatisfaction, - although the majority could not then foresee the deplorable - consequences of an act performed, it must be supposed, with no - evil intention, but with inconceivable recklessness. . . . It was - the mainspring removed from a great work already begun. It - deranged everything. Among the divisions of the corps of McDowell, - there was one--that of Franklin--which was regretted more than all - the rest. . . . He [the commander-in-chief] held it in great esteem, - and earnestly demanded its restoration. It was sent back to him - without any explanation, in the same manner as it had been withheld. - This splendid division, eleven thousand strong, arrived, and for a - moment the commander thought of intrusting to it alone the storming - of Gloucester, but the idea was abandoned." - -On the 28th of April General J. E. Johnston wrote to Flag-Officer -Tatnall, commanding the naval forces in the James River, requesting -him, if practicable, to proceed with the Virginia to York River for -the purpose of destroying the enemy's transports, to which Commodore -Tatnall replied that it could only be done in daylight, when he would -be exposed to the fire of the forts, and have to contend with the -squadron of men-of-war stationed below them, and that, if this should -be safely done, according to the information derived from the pilots, -it would not be possible for the Virginia to reach the enemy's -transports at Poquosin, while the withdrawal of the Virginia would be -to abandon the defense of Norfolk, and to remove the obstacles she -opposed to "the enemy's operations in the James River." [25] - -Meanwhile, the brilliant movements of the intrepid Jackson created -such apprehension of an attack upon Washington City by the Army of -the Shenandoah, that President Lincoln refused the repeated requests -of General McClellan to send him McDowell's corps to operate on the -north side of the York River against our battery at Gloucester Point. - -On the 28th of the following June, Mr. Lincoln, noticing what he -regarded as ungenerous complaint, wrote to General McClellan: "If you -have had a drawn battle or a repulse, it is the price we pay for the -enemy not being in Washington. We protected Washington, and the enemy -concentrated on you." [26] - -The month of April was cold and rainy, and our men poorly provided -with shelter, and with only the plainest rations; yet, under all -these discomforts, they steadily labored to perfect the defenses, -and, when they were not on the front line, were constantly employed -in making traverses and epaulments in the rear. Whether General -McClellan, under the pressure from Washington, would have made an -early assault,[27] or have adhered to the policy of regular -approaches, and, relying on his superiority in artillery, have waited -to batter our earthworks in breach, and whether all which had been -done, or which it was practicable under the circumstances to do, to -strengthen the main line would have made it sufficiently strong to -resist the threatened bombardment, is questionable; and how soon that -bombardment would have commenced is now indeterminate. A telegram -from President Lincoln to General McClellan is suggestive on this -point. It reads thus: - - "WASHINGTON, _May 1, 1862._ - - "Your call for Parrott guns from Washington alarms me--chiefly - because it argues indefinite procrastination. Is anything to be - done?" [28] - -By the following telegram sent by me to General J. E. Johnston, -commanding at Yorktown, the contents of that which I had received -from him, and of which I am not now possessed, will be readily -inferred: - - "RICHMOND, VIRGINIA, _May 1, 1862._ - - "General J. E. JOHNSTON, _Yorktown, Virginia_. - - "Accepting your conclusion that you must soon retire, arrangements - are commenced for the abandonment of the navy-yard and removal of - public property both from Norfolk and Peninsula. Your announcement - to-day that you would withdraw to-morrow night takes us by surprise, - and must involve enormous losses, including unfinished gunboats. Will - the safety of your army allow more time? - - "JEFFERSON DAVIS." - -My next step was to request the Secretary of War, General Randolph, -and the Secretary of the Navy, Mr. Mallory, to proceed to Yorktown -and Norfolk to see whether the evacuation could not be postponed, and -to make all practicable arrangements to remove the machinery, -material, ordnance, and supplies for future use. At the suggestion of -the Secretary of War, I agreed that he should first go with the -Secretary of the Navy to Norfolk and thence pass over to Yorktown. - -On the next morning they left for Norfolk. General Randolph, in his -testimony before a joint special committee of the Confederate -Congress, said: - - "A few hours after we arrived in Norfolk, an officer from General - Johnston's army made his appearance, with an order for General Huger - to evacuate Norfolk immediately. . . . As that would have involved - heavy losses in stores, munitions, and arms, I took the - responsibility of giving General Huger a written order to delay the - evacuation until he could remove such stores, munitions, and arms as - could be carried off. . . . Mr. Mallory was with me and gave similar - instructions to the commandant of the navy yard. . . . The evacuation - was delayed for about a week. . . . When the council of war met [the - conference with the President heretofore referred to], it was - supposed that, if the enemy assaulted our army at the Warwick River - line, we should defeat them; but that, if instead of assaulting they - made regular approaches to either flank of the line and took - advantage of their great superiority of heavy artillery, the - probability would be that one flank or both of the army would be - uncovered, and thus the enemy, ascending the York and James Rivers in - transports, could turn the flank of the army and compel it to - retreat. . . . They made regular approaches, mounted the - largest-sized guns, such as we could not compete with, and made the - position of Yorktown untenable. Nearly all of our heavy rifled guns - burst during the siege. The remainder of the heavy guns were in the - water-batteries," etc. - -The permanent occupation of Norfolk after our army withdrew from the -lower Peninsula and the enemy possessed it was so obviously -impossible as not to require explanation; but, while the enemy was -engaged in the pursuit of our retreating columns, it was deemed -justifiable to delay the evacuation of Norfolk for the purposes -indicated in the above answer of the Secretary of War. The result -justified the decision. - -The order for the withdrawal of the army from the line of the Warwick -River on the night of the 2d of April was delayed until the next -night, because, as I have been informed, some of the troops were not -ready to move. Heavy cannonading, both on the night of the 2d and 3d, -concealed the fact of the purpose to withdraw, and the evacuation was -made so successfully, as appears by the testimony before the United -States Congressional Committee on the Conduct of the War, that the -enemy was surprised the next morning to find the lines unoccupied. - -The loss of public property, as was anticipated, was great, the -steamboats expected for its transportation not having arrived before -the evacuation was made. From a narrative by General Early I make the -following extract: - - "A very valuable part of the property so lost, and which we stood - much in need of, consisted of a very large number of picks and - spades, many of them entirely new. All of our heavy guns, including - some recently arrived and not mounted, together with a good deal of - ammunition piled up on the wharf, had to be left behind." - -The land transportation was quite deficient. General Magruder's -troops had scarcely any, and others of the more recent organizations -were in a like condition; as no supplies had been accumulated at -Williamsburg, this want of transportation would necessarily involve -want of rations in the event of delays on the retreat. - -At Williamsburg, about twelve miles from Yorktown, General Magruder, -as has been mentioned, had constructed a line of detached works. The -largest of these, Fort Magruder, was constructed at a point a short -distance beyond where the Lee's Mill and Yorktown roads united, and -where the enemy in his pursuit first encountered our retiring forces, -and were promptly repulsed. General Magruder, whose arduous service -and long exposure on the Peninsula has been noticed, was compelled by -illness to leave his division. His absence at this moment was the -more to be regretted, as it appears that the positions of the -redoubts he had constructed were not all known to the commanding -General, and some of them being unoccupied were seized by the enemy, -and held subsequently to our disadvantage. General McClellan, in his -official report from "bivouac in front of Williamsburg, May 5, 1862," -says, "General Hancock has taken two redoubts and repulsed Early's -rebel brigade by a real charge of the bayonet, taking one colonel and -one hundred and fifty other prisoners," etc. As this is selected for -the brilliant event in the affair before Williamsburg, I will extract -fully from General Early's report: - - "LYNCHBURG, June 9, 1862. - - "In accordance with orders received the evening before, my brigade - was in readiness to take up the line of march from its camp west of - Williamsburg toward Richmond on the 5th of May. . . . I was directed - by Major-General D. H. Hill not to move my infantry, and in a short - time I was ordered by him to march back, and report with my regiments - to Major-General Longstreet at Williamsburg. . . . Between three and - four o'clock, P.M., I was ordered by General Longstreet to move to - the support of Brigadier-General Anderson of his division, at or near - Fort Magruder. . . . Before my command had proceeded far toward its - destination, I received an order from General Longstreet to send him - two regiments. . . . With the remainder of my command, being my - brigade proper, I proceeded, as near as practicable, to the position - designated by General Longstreet on the left and rear of Fort - Magruder. . . . In a short time Major-General Hill arrived, and, - having ascertained that the enemy had a battery in front of us, he - informed me that he wished me to attack and capture the battery with - my brigade, but before doing so he must see General Longstreet on the - subject. . . . General Hill being on the right and accompanying the - brigade, I placed myself on the left with the Twenty-fourth Virginia - Regiment for the purpose of directing its movements, as I was - satisfied from the sound of the enemy's guns that this regiment would - come directly on the battery. . . . In an open field, in view of Fort - Magruder, at the end farthest from the fort, the enemy had taken - position with a battery of six pieces . . . supported by a brigade of - infantry under the command of Brigadier-General Hancock. In this - field were two or three redoubts, previously built by our troops, of - one, at least, of which the enemy had possession, his artillery being - posted in front of it, near some farmhouses, and supported by a body - of infantry, the balance of the infantry being in the redoubt, and in - the edge of the woods close by. The Twenty-fourth Virginia Regiment, - as I had anticipated, came directly upon the battery. . . . This - regiment, without pausing or wavering, charged upon the enemy under a - heavy fire, and drove back his guns and the infantry supporting them - to the cover of the redoubt. ... I sent orders to the other regiments - to advance; these orders were anticipated by Colonel McRae of the - Fifth North Carolina Regiment, who was on the extreme right of my - brigade, and marched down to the support of the Twenty-fourth, - traversing the whole front that should have been occupied by the - other two regiments." - -General Early, having received a severe wound, soon after the -Twenty-fourth Virginia Regiment charged the battery, was compelled by -exhaustion from loss of blood and intense pain to leave the field -just as the Fifth North Carolina Regiment, led by its gallant -colonel, charged on the enemy's artillery and infantry. Of that -charge General Early writes: - - "This North Carolina Regiment, in conjunction with the Twenty-fourth - Virginia Regiment, made an attack upon the vastly superior forces of - the enemy, which for its gallantry is unsurpassed in the annals of - warfare: their conduct was such as to elicit from the enemy himself - the highest praise." - -This refers to the chivalric remark made by General Hancock to Dr. -Cullen, left in charge of our wounded, viz., "The Fifth North -Carolina and Twenty-fourth Virginia deserve to have the word immortal -inscribed on their banners." Colonel McRae, who succeeded to the -command after General Early retired, states in his report that he -sent to General Hill for reënforcements in order to advance, and in -reply received an order to retire: that his men were holding the -enemy to his shelter in such way that they were not at all suffering, -but, when he commenced retiring, the enemy rose and fired upon his -men, doing the greatest damage that was done. Some of them obliqued -too far to the right in going back, and met a regiment of the enemy -concealed in the woods, and were thus captured. General Early writes: -"The two regiments that united in the assault were not repulsed at -all. They drove the enemy to the cover of the redoubt and the shelter -of the woods near it, where he was held at bay by my two regiments, -which had suffered comparatively little at that time." He confidently -expresses the opinion that, had his attack been supported promptly -and vigorously, the enemy's force there engaged must have been -captured, as it had crossed over to that point on a narrow mill-dam, -and had only that way to escape. - -The claim of the enemy to have achieved a victory at Williamsburg is -refuted by the fact that our troops remained in possession of the -field during the night, and retired the next morning to follow up the -retreat, which was only interrupted by the necessity of checking the -enemy until our trains could proceed far enough to be out of danger. -The fact of our wounded being left at Williamsburg was only due to -our want of ambulances in which to remove them. - -Though General McClellan at this time estimated our force as -"probably greater a good deal" than his own, the fact is, it was -numerically less than half the number he had for duty. Severe -exposure and fatigue must, by sickness, have diminished our force -more than it was increased by absentees returning to duty after the -middle of April, so that at the end of the month the number was -probably less than fifty thousand present for duty. General -McClellan's report on the 30th of April, 1862, as shown by the -certified statement, gives the aggregate present for duty at one -hundred and twelve thousand three hundred and ninety-two.[29] - -When the Confederates evacuated Yorktown, General Franklin's division -had just been disembarked from the transports. It was reembarked, and -started on the morning of the 6th up the York River.[30] - -After the battle of Williamsburg our army continued its retreat up -the Peninsula. Here, for the first time, sub-terra shells were -employed to check a marching column. The event is thus described by -General Rains, the inventor: - - "On the day we left Williamsburg, after the battle, we worked hard to - get our artillery and some we had captured over the sloughs about - four miles distant. On account of the tortuous course of the road, we - could not bring a single gun to bear upon the enemy who were pursuing - us, and shelling the road as they advanced. Fortunately, we found in - a mud-hole a broken-down ammunition-wagon containing five loaded - shells. Four of these, armed with a sensitive fuse-primer, were - planted in our rear, near some trees cut down as obstructions to the - road. A body of the enemy's cavalry came upon these sub-terra shells, - and they exploded with terrific effect. - - "The force behind halted for three days, and finally turned off from - the road, doubtless under the apprehension that it was mined - throughout. Thus our rear was relieved of the enemy. No soldier will - march over mined land, and a corps of sappers, each man having two - ten-inch shells, two primers, and a mule to carry them, could stop - any army." - -Accounts, contemporaneously published at the North, represent the -terror inspired by these shells, extravagantly describe the number of -them, and speak of the necessity of leaving the road to avoid them. - -The next morning after the battle of the 5th, at Williamsburg, -Longstreet's and D. H. Hill's divisions, being those there engaged, -followed in the line of retreat, Stuart's cavalry moving after them-- -they marched that day about twelve miles. In the mean time Franklin's -division had gone up the York River, and landed a short distance -below West Point, on the south side of York River, and moved into a -thick wood in the direction of the New Kent road, thus threatening -the flank of our line of march. Two brigades of General G. W. Smith's -division, Hampton's and Hood's, were detached under the command of -General Whiting to dislodge the enemy, which they did after a short -conflict, driving him through the wood to the protection of his -gunboats in York River. - -On the next morning the rear divisions joined those in advance at -Barhamsville, and the retreat of the whole army was resumed--Smith's -and Magruder's divisions moving by the New Kent Court-House to the -Baltimore Cross Roads, and Longstreet's and Hill's to the Long -Bridge, where the whole army remained in line facing to the east for -five days. - -The retreat had been successfully conducted. In the principal action, -that at Williamsburg, our forces, after General Hill's division had -been brought back to the support of General Longstreet, did not -exceed, probably was not equal to, one half that of the enemy. Yet, -as has been seen, the position was held as long as was necessary for -the removal of our trains, and our troops slept upon the field of -battle. The loss of the enemy greatly exceeded our own, which was -about twelve hundred; while General Hooker, commanding one division -of the Federal army, in his testimony stated the loss in his division -to have been seventeen hundred.[31] - -Among the gallant and much regretted of those lost by us, was Colonel -Ward, of Florida, whose conduct at Yorktown has been previously -noticed, and of whom General Early, in his report of the battle of -Williamsburg, says: - - "On the list of the killed in the Second Florida Regiment is found - the name of its colonel, George T. Ward, as true a gentleman and as - gallant a soldier as has drawn a sword in this war, and whose conduct - under fire it was my fortune to witness on another occasion. His loss - to his regiment, to his State, and to the Confederacy can not be - easily compensated." - -Colonel Ward, with his regiment, had been detached from General -Early's command in the early part of the action. I regret that I have -not access to the report of General Longstreet, where, no doubt, may -also be found due notice of Colonel Christopher Mott, whom I knew -personally. In his youth he served in the regiment commanded by me -during the war with Mexico. He was brave, cheerful, prompt, and equal -to every trial to which he was subjected, giving early promise of -high soldierly capacity. He afterward held various places of honor -and trust in civil life, and there were many in Mississippi who, like -myself, deeply lamented his death in the height of his usefulness. - -General Huger, commanding at Norfolk, and Captain Lee, commanding the -navy-yard, by the authority of the Secretaries of War and Navy, -delayed the evacuation of both, as stated by General Randolph, -Secretary of War, for about a week after General Johnston sent orders -to General Huger to leave immediately. While he was employed in -removing the valuable stores and machinery, as we learn from the work -of the Comte de Paris, President Lincoln and his Secretary of War -arrived at Fortress Monroe, and on the 8th of May an expedition -against Norfolk by the troops under General Wool was contemplated. He -writes: - - "Being apprised by the columns of smoke which rose on the horizon - that the propitious moment had arrived, Wool proposed to the - President to undertake an expedition against Norfolk. Max Weber's - brigade was speedily embarked, and, to protect his descent, Commodore - Goldsborough's fleet was ordered to escort it. But the Confederate - batteries, not yet having been abandoned, fired a few shots in reply, - while the Virginia, which, since the wounding of the brave Buchanan, - had been commanded by Commodore Tatnall, showed her formidable shell, - and the expedition was countermanded. Two more days were consumed in - waiting. Finally, on the morning of the 10th, Weber disembarked east - of Sewell's Point. This time the enemy's artillery was silent. There - was found an intrenched camp mounting a few guns, but absolutely - deserted. General Wool reached the city of Norfolk, which had been - given up to its peaceful inhabitants the day previous, and hastened - to place a military governor there." [32] - -Reposing on these cheaply won laurels, the expedition returned to -Fortress Monroe, leaving Brigadier-General Viele, with some troops -brought from the north side of the river, to hold the place. The -navy-yard and workshops had been set on fire before our troops -withdrew, so as to leave little to the enemy save the glory of -capturing an undefended town. The troops at Fortress Monroe were -numerically superior to the command of General Huger, and could have -been readily combined, with the forces at and about Roanoke Island, -for a forward movement on the south side of the James River. In view -of this probability, General Huger, with the main part of his force, -was halted for a time at Petersburg, but, as soon as it was -ascertained that no preparations were being made by the enemy for -that campaign, so palpably advantageous to him, General Huger's -troops were moved to the north side of the James River to make a -junction with the army of General Johnston. - -Previously, detachments had been sent from the force withdrawn from -Norfolk to strengthen the command of Brigadier-General J. B. -Anderson, who was placed in observation before General McDowell, then -at Fredericksburg, threatening to advance with a force four or five -times as great as that under General Anderson, and another detachment -had been sent to the aid of Brigadier-General Branch, who, with his -brigade, had recently been brought up from North Carolina and sent -forward to Gordonsville, for the like purpose as that for which -General Anderson was placed near Fredericksburg. - - -[Footnote 20: See "Report on the Conduct of the War," Part I, pp. 10-12, -309-311.] - -[Footnote 21: See "Report on the Conduct of the War," p. 319. Letter of -President Lincoln to General McClellan, April 6, 1862.] - -[Footnote 22: "Report on the Conduct of the War," Part I, p. 320.] - -[Footnote 23: Ibid., p. 321.] - -[Footnote 24: "Report on the Conduct of the War," Part I, pp. 601, 602.] - -[Footnote 25: "Life of Commodore Tatnall," pp. 166, 167.] - -[Footnote 26: "Report on the Conduct of the War," p. 340.] - -[Footnote 27: On April 6, 1862, President Lincoln wrote to General -McClellan as follows: "You now have over one hundred thousand troops -with you, independent of General Wool's command. I think you had better -break the enemy's line from Yorktown to Warwick River at once. They will -probably use time as advantageously as you can."--("Report on the -Conduct of the War," pp. 319, 320.)] - -[Footnote 28: "Report on the Conduct of the War," p. 324.] - -[Footnote 29: "Report on the Conduct of the War," pp. 323, 324.] - -[Footnote 30: "Army of the Potomac," Swinton, p. 117.] - -[Footnote 31: "Report on the Conduct of the War," p. 579.] - -[Footnote 32: "History of the Civil War in America," Comte de Paris, vol. -ii, p. 30.] - - - - -CHAPTER XXI. - - A New Phase to our Military Problem.--General Johnston's Position.-- - Defenses of James River.--Attack on Fort Drury.--Johnston crosses - the Chickahominy.--Position of McClellan.--Position of McDowell.-- - Strength of Opposing Forces.--Jackson's Expedition down the - Shenandoah Valley.--Panic at Washington and the North.--Movements - to intercept Jackson.--His Rapid Movements.--Repulses Fremont.-- - Advance of Shields.--Fall of Ashby.--Port Republic, Battle of.-- - Results of this Campaign. - -The withdrawal of our army to the Chickahominy, the abandonment of -Norfolk, the destruction of the Virginia, and opening of the lower -James River, together with the fact that McClellan's army, by -changing his base to the head of York River, was in a position to -cover the approach to Washington, and thus to remove the objections -which had been made to sending the large force, retained for the -defense of that city, to make a junction with McClellan, all combined -to give a new phase to our military problem. - -Soon after, General Johnston took position on the north side of the -Chickahominy; accompanied by General Lee, I rode out to his -headquarters in the field, in order that by conversation with him we -might better understand his plans and expectations. He came in after -we arrived, saying that he had been riding around his lines to see -how his position could be improved. A long conversation followed, -which was so inconclusive that it lasted until late in the night, so -late that we remained until the next morning. As we rode back to -Richmond, reference was naturally made to the conversation of the -previous evening and night, when General Lee confessed himself, as I -was, unable to draw from it any more definite purpose than that the -policy was to improve his position as far as practicable, and wait -for the enemy to leave his gunboats, so that an opportunity might be -offered to meet him on the land. - -In consequence of the opening of the James River to the enemy's -fleet, the attempts to utilize this channel for transportation, so as -to approach directly to Richmond, soon followed. We had then no -defenses on the James River below Drury's Bluff, about seven miles -distant from Richmond. There an earthwork had been constructed and -provided with an armament of four guns. Rifle-pits had been made in -front of the fort, and obstructions had been placed in the river by -driving piles, and sinking some vessels. The crew of the Virginia, -after her destruction, had been sent to this fort, which was then in -charge of Commander Farrand, Confederate States Navy. - -On the 15th of April the enemy's fleet of five ships of war, among -the number, their much-vaunted Monitor, took position and opened fire -upon the fort between seven and eight o'clock. Our small vessel, the -Patrick Henry, was lying above the obstruction, and coöperated with -the fort in its defense--the Monitor and ironclad Galena steamed up -to about six hundred yards' distance; the others, wooden vessels, -were kept at long range. - -The armor of the flag-ship Galena was badly injured, and many of the -crew killed or wounded. The Monitor was struck repeatedly, but the -shot only bent her plates. At about eleven o'clock the fleet -abandoned the attack, returning discomfited whence they came. The -commander of the Monitor, Lieutenant Jeffers, in his report, says -that "the action was most gallantly fought against great odds, and -with the usual effect against earthworks." . . . He adds, "It was -impossible to reduce such works, except with the aid of a land -force." The enemy in their reports recognized the efficiency of our -fire by both artillery and riflemen, the sincerity of which was made -manifest in the failure to renew the attempt. - -[Illustration: The Davis House, at Richmond.] - -The small garrison at Fort Drury, only adequate to the service it had -performed, that of repelling an attempt by the fleet to pass up James -River, was quite insufficient to prevent the enemy from landing below -the fort, or to resist an attack by infantry. To guard against its -sudden capture by such means, the garrison was increased by the -addition of Bryan's regiment of Georgia Rifles. - -After the repulse of the enemy's gunboats at Drury's Bluff, I wrote -to General Johnston a letter to be handed to him by my aide, Colonel -G. W. C. Lee, an officer of the highest intelligence and reputation-- -referring to him for full information in regard to the affair at -Drury's Bluff, as well as to the positions and strength of our forces -on the south side of the James River. After some speculations on the -probable course of the enemy, and expressions of confidence, I -informed the General that my aide would communicate freely to him and -bring back to me any information with which he might be intrusted. -Not receiving any definite reply, I soon thereafter rode out to visit -General Johnston at his headquarters, and was surprised in the -suburbs of Richmond, viz., on the other side of Gillis's Creek, to -meet a portion of light artillery, and to learn that the whole army -had crossed the Chickahominy. - -General Johnston's explanation to this (to me) unexpected movement -was, that he thought the water of the Chickahominy unhealthy, and had -directed the troops to cross and halt at the first good water on the -southern side, which he supposed would be found near to the river. He -also adverted to the advantage of having the river in front rather -than in the rear of him--an advantage certainly obvious enough, if -the line was to be near to it on either of its banks. - -The considerations which induced General McClellan to make his base -on the York River had at least partly ceased to exist. From the corps -for which he had so persistently applied, he had received the -division which he most valued, and the destruction of the Virginia -had left the James River open to his fleet and transports as far up -as Drury's Bluff, and the withdrawal of General Johnston across the -Chickahominy made it quite practicable for him to transfer his army -to the James River, the south side of which had then but weak -defenses, and thus by a short march to gain more than all the -advantages which, at a later period of the war, General Grant -obtained at the sacrifice of a hecatomb of soldiers. - -Referring, again, to the work of the Comte de Paris, who may be -better authority in regard to what occurred in the army of the enemy -than when he writes about Confederate affairs, it appears that this -change of base was considered and not adopted because of General -McClellan's continued desire to have McDowell's corps with him. The -Count states: - - "The James River, which had been closed until then by the presence of - the Virginia, as York River had been by the cannon of Yorktown, was - opened by the destruction of that ship, just as York River had been - by the evacuation of the Confederate fortress. But it was only open - as far as Drury's Bluff; in order to overcome this last obstacle - interposed between Richmond and the Federal gunboats, the support of - the land forces was necessary. On the 19th of May Commodore - Goldsborough had a conference with General McClellan regarding the - means to be employed for removing that obstacle. . . . General - McClellan, as we have stated above, might have continued to follow - the railway line, and preserved his depots at Whitehouse, on the - Pamunkey, . . . but he could also now go to reestablish his base of - operations on James River, which the Virginia had hitherto prevented - him from doing. By crossing the Chickahominy at Bottom's Bridge, and - some other fords situated lower down, . . . could have reached the - borders of the James in two or three days. . . . This flank march - effected at a sufficient distance from the enemy, and covered by a - few demonstrations along the upper Chickahominy, offered him great - advantages without involving any risk. . . . If McClellan could have - foreseen how deceptive were the promises of reënforcement made to him - at the time, he would undoubtedly have declined the uncertain support - of McDowell, to carry out the plan of campaign which offered the best - chances of success with the troops which were absolutely at his - disposal." [33] - -Without feeling under any obligations for kind intentions on the part -of the Government of the North, it was fortunate for us that it did, -as its friend the Comte de Paris represents, deceive General -McClellan, and prevent him from moving to the south side of the James -River, so as not only to secure the coöperation of his gunboats in an -attack upon Richmond, but to make his assault on the side least -prepared for resistance, and where it would have been quite possible -to cut our line of communication with the more Southern States on -which we chiefly depended for supplies and reënforcements. - -It is hardly just to treat the failure to fulfill the assurance given -by President Lincoln about reënforcements as "deceptive promises," -for, as will be seen, the operations in the Valley by General -Jackson, who there exhibited a rapidity of movement equal to the -unyielding tenacity which had in the first great battle won for him -the familiar name "Stonewall," had created such an alarm in -Washington, as, if it had been better founded, would have justified -the refusal to diminish the force held for the protection of their -capital. Indeed, our cavalry, in observation near Fredericksburg, -reported that on the 24th McDowell's troops started southward, but -General Stuart found that night that they were returning. This -indicated that the anticipated junction was not to be made, and of -this the Prince of Joinville writes: - - "It needed only an effort of the will: the two armies were united, - and in the possession of Richmond certain! Alas! this effort was not - made. I can not recall those fatal moments without a real sinking of - the heart." [34] - -General McClellan, in his testimony December 10, 1862, before the -court-martial in the case of General McDowell, said: - - "I have no doubt, for it has ever been my opinion, that the Army of - the Potomac would have taken Richmond had not the corps of General - McDowell been separated from it. It is also my opinion that, had the - command of General McDowell joined the Army of the Potomac in the - month of May, by the way of Hanover Court-House, from Fredericksburg, - we would have had Richmond within a week after the junction." [35] - -Let us first inquire what was the size of this army so crippled for -want of reënforcement, and then what the strength of that to which it -was opposed. On the 30th of April, 1862, the official report of -McClellan's army gives the aggregate present for duty as 112,392;[36] -that of the 20th of June--omitting the army corps of General Dix, -then, as previously, stationed at Fortress Monroe, and including -General McCall's division, which had recently joined, the strength of -which was reported to be 9,514--gives the aggregate present for -duty as 105,825, and the total, present and absent, as 156,838.[37] - -Two statements of the strength of our army under General J. E. -Johnston during the month of May--in which General McClellan -testified that he was greatly in need of McDowell's corps--give the -following results: First, the official return, 21st May, 1862, total -effective of all arms, 53,688; subsequently, five brigades were -added, and the effective strength of the army under General Johnston -on May 31, 1862, was 62,696.[38] - -I now proceed to inquire what caused the panic at Washington. - -On May 23d, General Jackson, with whose force that of General Ewell -had united, moved with such rapidity as to surprise the enemy, and -Ewell, who was in advance, captured most of the troops at Front -Royal, and pressed directly on to Winchester, while Jackson, turning -across to the road from Strasburg, struck the main column of the -enemy in flank and drove it routed back to Strasburg. The pursuit was -continued to Winchester, and the enemy, under their commander-in-chief, -General Banks, fled across the Potomac into Maryland. Two thousand -prisoners were taken in the pursuit. General Banks in his report says, -"There never were more grateful hearts in the same number of men, than -when, at mid-day on the 26th, we stood on the opposite shore." - -When the news of the attack on Front Royal, on May 23d, reached -General Geary, charged with the protection of the Manassas Gap -Railroad, he immediately moved to Manassas Junction. At the same -time, his troops, hearing the most extravagant stories, burned their -tents and destroyed a quantity of arms. General Duryea, at Catlett's -Station, becoming alarmed on hearing of the withdrawal of Geary, took -his three New York regiments, leaving a Pennsylvania one behind, -hastened back to Centreville, and telegraphed to Washington for aid. -He left behind a large quantity of army stores. The alarm spread to -Washington, and the Secretary of War, Stanton, issued a call to the -Governors of the "loyal" States for militia to defend that city. - -[Illustration: Lieutenant-General T. J. Jackson.] - -The following is the dispatch sent to the Governor of Massachusetts: - - "WASHINGTON, _Sunday, May 25, 1862._ - - "_To the Governor of Massachusetts._ - - "Intelligence from various quarters leaves no doubt that the enemy in - great force are marching on Washington. You will please organize and - forward immediately all the militia and volunteer force in your State. - - "EDWIN M. STANTON, _Secretary of War_." - -This alarm at Washington, and the call for more troops for its -defense, produced a most indescribable panic in the cities of the -Northern States on Sunday the 25th, and two or three days afterward. -The Governor of New York on Sunday night telegraphed to Buffalo, -Rochester, Syracuse, and other cities, as follows: - - "Orders from Washington render it necessary to send to that city all - the available militia force. What can you do? - - "E. D. MORGAN." - -Governor Curtin, of Pennsylvania, issued the following order: - - "(GENERAL ORDER, No. 23.) - - "HEADQUARTERS OF PENNSYLVANIA MILITIA, - - "Harrisburg, _May 26, 1862._ - - "On pressing requisition of the President of the United States in the - present emergency, it is ordered that the several major-generals, - brigadier-generals, and colonels of regiments throughout the - Commonwealth muster without delay all military organizations within - their respective divisions or under their control, together with all - persons willing to join their commands, and proceed forthwith to the - city of Washington, or such other points as may be designated by - future orders. By order: - - "A. G. CURTIN, - - "_Governor and Commander-in-Chief._" - -The Governor of Massachusetts issued the following proclamation: - - "_Men of Massachusetts!_ - - "The wily and barbarous horde of traitors to the people, to the - Government, to our country, and to liberty, menace again the national - capital. They have attacked and routed Major-General Banks, are - advancing on Harper's Ferry, and are marching on Washington. The - President calls on Massachusetts to rise once more for its rescue and - defense. - - "The whole active militia will be summoned by a general order, issued - from the office of the adjutant-general, to report on Boston Common - to-morrow. They will march to relieve and avenge their brethren and - friends, and to oppose, with fierce zeal and courageous patriotism, - the progress of the foe. May God encourage their hearts and - strengthen their arms, and may he inspire the Government and all the - people! - - "Given at headquarters, Boston, eleven o'clock, this (Sunday) - evening. May 25, 1862. - - "JOHN A. ANDREW." - -The Governor of Ohio issued the following proclamation: - - "COLUMBUS, Ohio, _May 26, 1862._ - - "_To the gallant men of Ohio._ - - "I have the astounding intelligence that the seat of our beloved - Government is threatened with invasion, and am called upon by the - Secretary of War for troops to repel and overwhelm the ruthless - invaders. Rally, then, men of Ohio, and respond to this call, as - becomes those who appreciate our glorious Government! . . . The - number wanted from each county has been indicated by special - dispatches to the several military committees. - - "DAVID TOD, _Governor._" - -At the same time the Secretary of War at Washington caused the -following order to be issued: - - "WASHINGTON, _Sunday, May 25, 1862._ - - "_Ordered:_ By virtue of the authority vested by an act of Congress, - the President takes military possession of all the railroads in the - United States from and after this date, and directs that the - respective railroad companies, their officers and servants, shall - hold themselves in readiness for the transportation of troops and - munitions of war, as may be ordered by the military authorities, to - the exclusion of all other business. - - "By order of the Secretary of War: - - "M. C. MEIGS, - - "_Quartermaster-General_." - -At the first moment of the alarm, the President of the United States -issued the following order: - - "WASHINGTON, _May 24 1862_. - - "Major-General MCDOWELL. - - "General Fremont has been ordered by telegraph to move to Franklin - and Harrisonburg to relieve General Banks and capture or destroy - Jackson's and Ewell's forces. You are instructed, laying aside for - the present the movement on Richmond, to put twenty thousand men in - motion at once for the Shenandoah, moving on the line or in advance - of the line of the Manassas Gap Railroad. Your object will be to - capture the forces of Jackson and Ewell, either in coöperation with - General Fremont, or, in case want of supplies or transportation has - interfered with his movement, it is believed that the force which you - move will be sufficient to accomplish the object alone. The - information thus far received here makes it probable that, if the - enemy operates actively against General Banks, you will not be able - to count upon much assistance from him, but may have even to release - him. Reports received this morning are that Banks is fighting with - Ewell, eight miles from Harper's Ferry. - - "ABRAHAM LINCOLN." - -When the panic thus indicated in the headquarters of the enemy had -disseminated itself through the military and social ramifications of -Northern society, the excitement was tumultuous. Meanwhile, General -Jackson, little conceiving the alarm his movements had caused in the -departments at Washington and in the offices of the Governors of -States, in addition to the diversion of McDowell from coöperation in -the attack upon Richmond, after driving the enemy out of Winchester, -pressed eagerly on, not pausing to accept the congratulations of the -overjoyed people at the sight of their own friends again among them, -for he learned that the enemy had garrisons at Charlestown and -Harper's Ferry, and he was resolved they should not rest on Virginia -soil. General Winder's brigade in the advance found the enemy drawn -up in line of battle at Charlestown. Without waiting for -reënforcements, he engaged them, and after a short conflict drove -them in disorder toward the Potomac. The main column then moved on -near to Harper's Ferry, where General Jackson received information -that Fremont was moving from the west, and the whole or a part of -General McDowell's corps from the east, to make a junction in his -rear and thus cut off his retreat. At this time General Jackson's -effective force was about fifteen thousand men, much less than either -of the two armies which were understood to be marching to form a -junction against him. We now know that General McDowell had been -ordered to send to the relief of General Banks in the Valley twenty -to thirty thousand men. The estimated force, of General Fremont when -at Harrisonburg was twenty thousand. General Jackson had captured in -his campaign down the Valley a very large amount of valuable stores, -over nine thousand small-arms, two pieces of artillery, many horses, -and, besides the wounded and sick, who had been released on parole, -was said to have twenty-three hundred prisoners. To secure these, as -well as to save his army, it was necessary to retreat beyond the -point where his enemies could readily unite. The amount of captured -stores and other property which he was anxious to preserve were said -to require a wagon-train twelve miles long. This, under the care of a -regiment, was sent forward in advance of the army, which promptly -retired up the Valley. - -On his retreat, General Jackson received information confirmatory of -the report of the movements of the enemy, and of the defeat of a -small force he had left at Front Royal in charge of some prisoners -and captured stores--the latter, however, the garrison before -retreating had destroyed. Strasburg being General Jackson's objective -point, he had farther to march to reach that position than either of -the columns operating against him. The rapidity of movement which -marked General Jackson's operations had given to his command the -appellation of "foot cavalry"; and never had they more need to show -themselves entitled to the name of Stonewall. - -On the night of the 31st of May, by a forced march, General Jackson -arrived with the head of his column at Strasburg, and learned that -General Fremont's advance was in the immediate vicinity. To gain time -for the rest of his army to arrive, General Jackson decided to check -Fremont's march by an attack in the morning. This movement was -assigned to General Ewell, General Jackson personally giving his -attention to preserving his immense trains filled with captured -stores. The repulse of Fremont's advance was so easy that General -Taylor describes it as offering a temptation to go beyond General -Jackson's orders and make a serious attack upon Fremont's army, but -recognizes the justice of the restraint imposed by the order, "as we -could not waste time chasing Fremont," for it was reported that -General Shields was at Front Royal with troops of a different -character from those of Fremont's army, who had been encountered near -Strasburg, _id est_, the corps "commanded by General O. O. Howard, -and called by both sides 'the flying Dutchmen.'" This more formidable -command of General Shields therefore required immediate attention. - -Leaving Strasburg on the evening of June 1st, always intent to -prevent a junction of the two armies of the enemy, Jackson continued -his march up the Valley. Fremont followed in pursuit, while Shields -moved slowly up the Valley via Luray, for the purpose of reaching New -Market in advance of Jackson. On the morning of the 5th Jackson -reached Harrisonburg, and, passing beyond that town, turned toward -the east in the direction of Port Republic. General Ashby had -destroyed all the bridges between Front Royal and Port Republic, to -prevent Shields from crossing the Shenandoah to join Fremont. The -troops were now permitted to make shorter marches, and were allowed -some halts to refresh them after their forced marches and frequent -combats. Early on the 6th of June Fremont's reënforced cavalry -attacked our cavalry rear-guard under General Ashby. A sharp conflict -ensued, which resulted in the repulse of the enemy and the capture of -Colonel Percy Wyndham, commanding the brigade, and sixty-three -others. General Ashby was in position between Harrisonburg and Port -Republic, and, after the cavalry combat just described, there were -indications of a more serious attack. Ashby sent a message to Ewell, -informing him that cavalry supported by infantry was advancing upon -his position. The Fifty-eighth Virginia and the First Maryland -Regiments were sent to his support. Ashby led the Fifty-eighth -Virginia to attack the enemy, who were under cover of a fence. -General Ewell in the mean time had arrived, and, seeing the advantage -the enemy had of position, directed Colonel Johnson to move with his -regiment so as to approach the flank instead of the front of the -enemy, and he was now driven from the field with heavy loss. Our loss -was seventeen killed, fifty wounded, and three missing. Here fell the -stainless, fearless cavalier, General Turner Ashby, of whom General -Jackson in his report thus forcibly speaks: - - "As a partisan officer I never knew his superior. His daring was - proverbial; his power of endurance almost incredible; his tone of - character heroic; and his sagacity almost intuitive in divining the - purposes and movements of the enemy." - -The main body of General Jackson's command had now reached Port -Republic, a village situated in the angle formed by the junction of -the North and South Rivers, tributaries of the South Fork of the -Shenandoah. Over the North River was a wooden bridge, connecting the -town with Harrisonburg. Over the South River there was a ford. -Jackson's immediate command was encamped on the high ground north of -the village and about a mile from the river. Ewell was some four -miles distant, near the road leading from Harrisonburg to Port -Republic. General Fremont had arrived with his forces in the vicinity -of Harrisonburg, and General Shields was moving up the east side of -the Shenandoah, and had reached Conrad's Store. Each was about -fifteen miles distant from Jackson's position. To prevent a junction, -the bridge over the river, near Shields's position, had been -destroyed. - -As the advance of General Shields approached on the 8th, the brigades -of Taliaferro and Winder were ordered to occupy positions immediately -north of the bridge. The enemy's cavalry, accompanied by artillery, -then appeared, and, after directing a few shots toward the bridge, -crossed South River, and, dashing into the village, planted one of -their pieces at the southern entrance of the bridge. Meantime our -batteries were placed in position, and, Taliaferro's brigade having -approached the bridge, was ordered to dash across, capture the piece, -and occupy the town. This was gallantly done, and the enemy's cavalry -dispersed and driven back, abandoning another gun. A considerable -body of infantry was now seen advancing, when our batteries opened -with marked effect, and in a short time the infantry followed the -cavalry, falling back three miles. They were pursued about a mile by -our batteries on the opposite bank, when they disappeared in a wood. - -This attack of Shields had scarcely been repulsed when Ewell became -seriously engaged with Fremont, moving on the opposite side of the -river. The enemy pushed forward, driving in the pickets, which, by -gallant resistance, checked their advance until Ewell had time to -select his position on a commanding ridge, with a rivulet and open -ground in front, woods on both flanks, and the road to Port Republic -intersecting his line. Trimble's brigade was posted on the right, the -batteries of Courtney, Lusk, Brockenbrough, and Rains in the center, -Stuart's brigade on the left, and Elzey's in rear of the center. Both -wings were in the woods. About ten o'clock the enemy posted his -artillery opposite our batteries, and a fire was kept up for several -hours, with great spirit on both sides. Meantime a brigade of the -enemy advanced, under cover, upon General Trimble, who reserved his -fire until they reached short range, when he poured forth a deadly -volley, under which they fell back; Trimble, supported by two -regiments of Elzey's reserve, now advanced, with spirited -skirmishing, more than a mile from his original line, driving the -opposing force back to its former position. Ewell, finding no attack -on his left was designed by the enemy, advanced and drove in their -skirmishers, and at night was in position on ground previously -occupied by the foe. This engagement has generally been known as the -battle of Cross Keys. - -As General Shields made no movement to renew the action of the 8th, -General Jackson determined to attack him on the 9th. Accordingly, -Ewell's forces were moved at an early hour toward Port Republic, and -General Trimble was left to hold Fremont in check, or, if hard -pressed, to retire across the river and burn the bridge, which -subsequently was done, under orders to concentrate against Shields. - -Meanwhile the enemy had taken position about two miles from Port -Republic, their right on the river-bank, their left on the slope of -the mountain which here threw out a spur, between which and the river -was a smooth plain of about a thousand yards wide. On an elevated -plateau of the mountain was placed a battery of long-range guns to -sweep the plain over which our forces must pass to attack. In front -of that plateau was a deep gorge, through which flowed a small -stream, trending to the southern side of the promontory, so as to -leave its northern point in advance of the southern. The -mountain-side was covered with dense wood. - -Such was the position which Jackson must assail, or lose the -opportunity to fight his foe in detail--the object for which his -forced marches had been made, and on which his best hopes depended. - -General Winder's brigade moved down the river to attack, when the -enemy's battery upon the plateau opened, and it was found to rake the -plain over which we must approach for a considerable distance in -front of Shields's position. Our guns were brought forward, and an -attempt made to dislodge the battery of the enemy, but our fire -proved unequal to theirs; whereupon General Winder, having been -reënforced, attempted by a rapid charge to capture it, but -encountered such a heavy fire of artillery and small-arms as to -compel his command, composed of his own and another brigade, with a -light battery, to fall back in disorder. The enemy advanced steadily, -and in such numbers as to drive back our infantry supports and render -it necessary to withdraw our guns. Ewell was hurrying his men over -the bridge, and there was no fear, if human effort would avail, that -he would come too late. But the condition was truly critical. General -Taylor describes his chief at that moment thus: "Jackson was on the -road, a little in advance of his line, where the fire was hottest, -with reins on his horse's neck, seemingly in prayer. Attracted by my -approach, he said, in his usual voice, 'Delightful excitement.'" He -then briefly gave Taylor instructions to move against the battery on -the plateau, and sent a young officer from his staff as a guide. The -advance of the enemy was checked by an attack on his flank by two of -our regiments, under Colonel Scott; but this was only a temporary -relief, for this small command was soon afterward driven back to the -woods, with severe loss. Our batteries during the check were all -safely withdrawn except one six-pounder gun. - -In this critical condition of Winder's command, General Taylor made a -successful attack on the left and rear of the enemy, which diverted -attention from the front, and led to a concentration of his force -upon him. Moving to the right along the mountain acclivity, he was -unseen before he emerged from the wood, just as the loud cheers of -the enemy proclaimed their success in front. Although opposed by a -superior force in front and flank, and with their guns in position, -with a rush and shout the gorge was passed, impetuously the charge -was made, and the battery of six guns fell into our hands. Three -times was this battery lost and won in the desperate and determined -efforts to capture and recover it, and the enemy finally succeeded in -carrying off one of the guns, leaving both caisson and limber. Thus -occupied with Taylor, the enemy halted in his advance, and formed a -line facing to the mountain. Winder succeeded in rallying his -command, and our batteries were replaced in their former positions. -At the same time reënforcements were brought by General Ewell to -Taylor, who pushed forward with them, assisted by the well-directed -fire of our artillery. - -Of this period in the battle, than which there has seldom been one of -greater peril, or where danger was more gallantly met, I copy a -description from the work of General Taylor: - - "The fighting in and around the battery was hand-to-hand, and many - fell from bayonet-wounds. Even the artillerymen used their rammers in - a way not laid down in the manual, and died at their guns. I called - for Hayes, but he, the promptest of men, and his splendid regiment - could not be found. Something unexpected had occurred, but there was - no time for speculation. With a desperate rally, in which I believe - the drummer-boys shared, we carried the battery for the third time, - and held it. Infantry and riflemen had been driven off, and we began - to feel a little comfortable, when the enemy, arrested in his advance - by our attack, appeared. He had countermarched, and, with left near - the river, came into full view of our situation. Wheeling to the - right, with colors advanced, like a solid wall he marched straight - upon us. There seemed nothing left but to set our back to the - mountain and die hard. At the instant, crashing through the - underwood, came Ewell, outriding staff and escort. He produced the - effect of a reënforcement, and was welcomed with cheers. The line - before us halted and threw forward skirmishers. A moment later a - shell came shrieking along it, loud Confederate cheers reached our - delighted ears, and Jackson, freed from his toils, rushed up like a - whirlwind." [39] - -The enemy, in his advance, had gone in front of the plateau where his -battery was placed, the elevation being sufficient to enable the guns -without hazard to be fired over the advancing line; so, when he -commenced retreating, he had to pass by the position of this battery, -and the captured guns were effectively used against him--that -dashing old soldier, "Ewell, serving as a gunner." Mention was made -of the inability to find Hayes when his regiment was wanted. It is -due to that true patriot, who has been gathered to his fathers, to -add Taylor's explanation: "Ere long my lost Seventh Regiment, sadly -cut up, rejoined. This regiment was in rear of the column when we -left Jackson to gain the path in the woods, and, before it filed out -of the road, his thin line was so pressed that Jackson ordered Hayes -to stop the enemy's rush. This was done, for the Seventh would have -stopped a herd of elephants--but at a fearful cost." - -The retreat of the enemy, though it was so precipitate as to cause -him to leave his killed and wounded on the field, was never converted -into a rout. "Shields's brave 'boys' preserved their organization to -the last; and, had Shields himself, with his whole command, been on -the field, we should have had tough work indeed." - -The pursuit was continued some five miles beyond the battle-field, -during which we captured four hundred and fifty prisoners, some -wagons, one piece of abandoned artillery, and about eight hundred -muskets. Some two hundred and seventy-five wounded were paroled in -the hospitals near Port Republic. On the next day Fremont withdrew -his forces, and retreated down the Valley. The rapid movements of -Jackson, the eagle-like stoop with which he had descended upon each -army of the enemy, and the terror which his name had come to inspire, -created a great alarm at Washington, where it was believed he must -have an immense army, and that he was about to come down like an -avalanche upon the capital. Milroy, Banks, Fremont, and Shields were -all moved in that direction, and peace again reigned in the patriotic -and once happy Valley of the Shenandoah. - -The material results of this very remarkable campaign are thus -summarily stated by one who had special means of information: - - "In three months Jackson had marched six hundred miles, fought four - pitched battles, seven minor engagements, and daily skirmishes; had - defeated four armies, captured seven pieces of artillery, ten - thousand stand of arms, four thousand prisoners, and a very great - amount of stores, inflicting upon his adversaries a known loss of two - thousand men, with a loss upon his own part comparatively small." [40] - -The general effect upon the affairs of the Confederacy was even more -important, and the motives which influenced Jackson present him in a -grander light than any military success could have done. Thus, on the -20th of March, 1862, he learned that the large force of the enemy -before which he had retired was returning down the Valley, and, -divining the object to be to send forces to the east side of the -mountain to coöperate in the attack upon Richmond, General Jackson, -with his small force of about three thousand infantry and two hundred -and ninety cavalry, moved with his usual celerity in pursuit. He -overtook the rear of the column at Kernstown, attacked a very -superior force he found there, and fought with such desperation as to -impress the enemy with the idea that he had a large army; therefore, -the detachments, which had already started for Manassas, were -recalled, and additional forces were also sent into the Valley. Nor -was this all. McDowell's corps, under orders to join McClellan, was -detained for the defense of the Federal capital. - -Jackson's bold strategy had effected the object for which his -movement was designed, and he slowly retreated to the south bank of -the Shenandoah, where he remained undisturbed by the enemy, and had -time to recruit his forces, which, by the 28th of April, amounted to -six or seven thousand men. General Banks had advanced and occupied -Harrisonburg, about fifteen miles from Jackson's position. Fremont, -with a force estimated at fifteen thousand men, was reported to be -preparing to join Banks's command. - -The alarm at Washington had caused McDowell's corps to be withdrawn -from the upper Rappahannock to Fredericksburg. Jackson, anxious to -take advantage of the then divided condition of the enemy, sent to -Richmond for reënforcements, but our condition there did not enable -us to furnish any, except the division of Ewell, which had been left -near Gordonsville in observation of McDowell, now by his withdrawal -made disposable, and the brigade of Edward Johnson, which confronted -Schenck and Milroy near to Staunton. Jackson, who, when he could not -get what he wanted, did the best he could with what he had, called -Ewell to his aid, left him to hold Banks in check, and marched to -unite with Johnson; the combined forces attacked Milroy and Schenck, -who, after a severe conflict, retreated in the night to join Fremont. -Jackson then returned toward Harrisonburg, having ordered Ewell to -join him for an attack on Banks, who in the mean time had retreated -toward Winchester, where Jackson attacked and defeated him, -inflicting great loss, drove him across the Potomac, and, as has been -represented, filled the authorities at Washington with such dread of -its capture as to disturb the previously devised plans against -Richmond, and led to the operations which have already been -described, and brought into full play Jackson's military genius. In -all these operations there conspicuously appears the self-abnegation -of a devoted patriot. He was not seeking by great victories to -acquire fame for himself; but, always alive to the necessities and -dangers elsewhere, he heroically strove to do what was possible for -the general benefit of the cause he maintained. His whole heart was -his country's, and his whole country's heart was his. - - -[Footnote 33: "History of the Civil War in America," Comte de Paris, -vol. ii, pp. 32-34.] - -[Footnote 34: "Campaign on the Peninsula," Prince de Joinville, 1862.] - -[Footnote 35: Court-Martial of General McDowell, Washington, December -10, 1862.] - -[Footnote 36: "Report on the Conduct of the War," Part I, p. 322.] - -[Footnote 37: Ibid., p. 337.] - -[Footnote 38: "Four Years with General Lee," by Walter H. Taylor, p. 50.] - -[Footnote 39: "Destruction and Reconstruction" pp. 75, 76.] - -[Footnote 40: "Stonewall Jackson," military biography by John Esten -Cooke, p. 194.] - - - - -CHAPTER XXII. - - Condition of Affairs.--Plan of General Johnston.--The Field of - Battle at Seven Pines.--The Battle.--General Johnston wounded.-- - Advance of General Sumner.--Conflict on the Right.--Delay of - General Huger.--Reports of the Enemy.--Losses.--Strength of - Forces.--General Lee in Command. - - -Our army having retreated from the Peninsula, and withdrawn from the -north side of the Chickahominy to the immediate vicinity of Richmond, -I rode out occasionally to the lines and visited the headquarters of -the commanding General. There were no visible preparations for -defense, and my brief conversations with the General afforded no -satisfactory information as to his plans and purposes. We had, under -the supervision of General Lee, perfected as far as we could the -detached works before the city, but these were rather designed to -protect it against a sudden attack than to resist approaches by a -great army. They were, also, so near to the city that it might have -been effectually bombarded by guns exterior to them. Anxious for the -defense of the ancient capital of Virginia, now the capital of the -Confederate States, and remembering a remark of General Johnston, -that the Spaniards were the only people who now undertook to hold -fortified towns, I had written to him that he knew the defense of -Richmond must be made at a distance from it. Seeing no preparation to -keep the enemy at a distance, and kept in ignorance of any plan for -such purpose, I sent for General B. E. Lee, then at Richmond, in -general charge of army operations, and told him why and how I was -dissatisfied with the condition of affairs. - -He asked me what I thought it was proper to do. Recurring to a -conversation held about the time we had together visited General -Johnston, I answered that McClellan should be attacked on the other -side of the Chickahominy before he matured his preparations for a -siege of Richmond. To this he promptly assented, as I anticipated he -would, for I knew it had been his own opinion. He then said: "General -Johnston should of course advise you of what he expects or proposes -to do. Let me go and see him, and defer this discussion until I -return." - -It may be proper here to say that I had not doubted that General -Johnston was fully in accord with me as to the purpose of defending -Richmond, but I was not content with his course for that end. It had -not occurred to me that he meditated a retreat which would uncover -the capital, nor was it ever suspected until, in reading General -Hood's book, published in 1880, the evidence was found that General -Johnston, when retreating from Yorktown, told his volunteer aide, Mr. -McFarland, that "he [Johnston] expected or intended to give up -Richmond." [41] - -When General Lee came back, he told me that General Johnston -proposed, on the next Thursday, to move against the enemy as follows: -General. A. P. Hill was to move down on the right flank and rear of -the enemy. General G. W. Smith, as soon as Hill's guns opened, was to -cross the Chickahominy at the Meadow Bridge, attack the enemy in -flank, and by the conjunction of the two it was expected to double -him up. Then Longstreet was to cross on the Mechanicsville Bridge and -attack him in front. From this plan the best results were hoped by -both of us. - -On the morning of the day proposed, I hastily dispatched my office -business, and rode out toward the Meadow Bridge to see the action -commence. On the road I found Smith's division halted, and the men -dispersed in the woods. Looking for some one from whom I could get -information, I finally saw General Hood, and asked him the meaning of -what I saw. He told me he did not know anything more than that they -had been halted. I asked him where General Smith was; he said he -believed he had gone to a farmhouse in the rear, adding that he -thought he was ill. Riding on to the bluff which overlooks the Meadow -Bridge, I asked Colonel Anderson, posted there in observation, -whether he had seen anything of the enemy in his front. He said that -he had seen only two mounted men across the bridge, and a small party -of infantry on the other side of the river, some distance below, both -of whom, he said, he could show me if I would go with him into the -garden back of the house. There, by the use of a powerful glass, were -distinctly visible two cavalry videttes at the further end of the -bridge, and a squad of infantry lower down the river, who had covered -themselves with a screen of green boughs. The Colonel informed me -that he had not heard Hill's guns; it was, therefore, supposed he had -not advanced. I then rode down the bank of the river, followed by a -cavalcade of sight-seers, who, I supposed, had been attracted by the -expectation of a battle. The little squad of infantry, about fifteen -in number, as we approached, fled over the ridge, and were lost to -sight. Near to the Mechanicsville Bridge I found General Howell Cobb, -commanding the support of a battery of artillery. He pointed out to -me on the opposite side of the river the only enemy he had seen, and -which was evidently a light battery. Riding on to the main road which -led to the Mechanicsville Bridge, I found General Longstreet, walking -to and fro in an impatient, it might be said fretful, manner. Before -speaking to him, he said his division had been under arms all day -waiting for orders to advance, and that the day was now so far spent -that he did not know what was the matter. I afterward learned from -General Smith that he had received information from a citizen that -the Beaver-dam Creek presented an impassable barrier, and that he had -thus fortunately been saved from a disaster. Thus ended the -offensive-defensive programme from which Lee expected much, and of -which I was hopeful. - -In the mean while the enemy moved up, and, finding the crossing at -Bottom's Bridge unobstructed, threw a brigade of the Fourth Corps -across the Chickahominy as early as the 20th of May, and on the 23d -sent over the rest of the Fourth Corps; on the 25th he sent over -another corps, and commenced fortifying a line near to Seven Pines. -In the forenoon of the 31st of May, riding out on the New Bridge -road, I heard firing in the direction of Seven Pines. As I drew -nearer, I saw General Whiting, with part of General Smith's division, -file into the road in front of me; at the same time I saw General -Johnston ride across the field from a house before which General -Lee's horse was standing. I turned down to the house, and asked -General Lee what the musketry-firing meant. He replied by asking -whether I had heard it, and was answered in the affirmative; he said -he had been under that impression himself, but General Johnston had -assured him that it could be nothing more than an artillery duel. It -is scarcely necessary to add that neither of us had been advised of a -design to attack the enemy that day. - -We then walked out to the rear of the house to listen, and were -satisfied that an action, or at least a severe skirmish, must be -going on. General Johnston states in his report that the condition of -the air was peculiarly unfavorable to the transmission of sound. - -General Lee and myself then rode to the field of battle, which may be -briefly described as follows: - -The Chickahominy flowing in front is a deep, sluggish, and narrow -river, bordered by marshes, and covered with tangled wood. The line -of battle extended along the Nine-mile road, across the York River -Railroad and Williamsburg stage-road. The enemy had constructed -redoubts, with long lines of rifle-pits covered by abatis, from below -Bottom's Bridge to within less than two miles of New Bridge, and had -constructed bridges to connect his forces on the north and south -sides of the Chickahominy. The left of his forces, on the south side, -was thrown forward from the river; the right was on its bank, and -covered by its slope. Our main force was on the right flank of our -position, extending on both sides of the Williamsburg road, near to -its intersection with the Nine-mile road. This wing consisted of -Hill's, Huger's, and Longstreet's divisions, with light batteries, -and a small force of cavalry; the division of General G. W. Smith, -less Hood's brigade ordered to the right, formed the left wing, and -its position was on the Nine-mile road. There were small tracts of -cleared land, but most of the ground was wooded, and much of it so -covered with water as to seriously embarrass the movements of troops. - -When General Lee and I riding down the Nine-mile road reached the -left of our line, we found the troops hotly engaged. Our men had -driven the enemy from his advanced encampment, and he had fallen back -behind an open field to the bank of the river, where, in a dense -wood, was concealed an infantry line, with artillery in position. -Soon after our arrival, General Johnston, who had gone farther to the -right, where the conflict was expected, and whither reënforcement -from the left was marching, was brought back severely wounded, and, -as soon as an ambulance could be obtained, was removed from the field. - -Our troops on the left made vigorous assaults under most -disadvantageous circumstances. They made several gallant attempts to -carry the enemy's position, but were each time repulsed with heavy -loss. - -After a personal reconnaissance on the left of the open in our front, -I sent one, then another, and another courier to General Magruder, -directing him to send a force down by the wooded path, just under the -bluff, to attack the enemy in flank and reverse. Impatient of delay, -I had started to see General Magruder, when I met the third courier, -who said he had not found General Magruder, but had delivered the -message to Brigadier-General Griffith, who was moving by the path -designated to make the attack. - -On returning to the field, I found that the attack in front had -ceased; it was, therefore, too late for a single brigade to effect -anything against the large force of the enemy, and messengers were -sent through the woods to direct General Griffith to go back. - -The heavy rain during the night of the 30th had swollen the -Chickahominy; it was rising when the battle of Seven Pines was -fought, but had not reached such height as to prevent the enemy from -using his bridges; consequently, General Sumner, during the -engagement, brought over his corps as a reënforcement. He was on the -north side of the river, had built two bridges to connect with the -south side, and, though their coverings were loosened by the upward -pressure of the rising water, they were not yet quite impassable. -With the true instinct of the soldier to march upon fire, when the -sound of the battle reached him, he formed his corps and stood under -arms waiting for an order to advance. He came too soon for us, and, -but for his forethought and promptitude, he would have arrived too -late for his friends. It may be granted that his presence saved the -left wing of the Federal army from defeat. - -As we had permitted the enemy to fortify before our attack, it would -have been better to have waited another day, until the bridges should -have been rendered impassable by the rise of the river. - -General Lee, at nightfall, gave instructions to General Smith, the -senior officer on that part of the battle-field, and left with me to -return to Richmond. - -Thus far I have only attempted to describe events on the extreme left -of the battle-field, being that part of which I had personal -observation; but the larger force and, consequently, the more serious -conflict were upon the right of the line. To these I will now refer. -Our force there consisted of the divisions of Major-Generals D. H. -Hill, Huger, and Longstreet, the latter in chief command. In his -report, first published in the "Southern Historical Society Papers," -vol. iii, pp. 277, 278, he writes: - - "Agreeably to verbal instructions from the commanding General, the - division of Major-General D. H. Hill was, on the morning of the 31st - ultimo, formed at an early hour on the Williamsburg road, as the - column of attack upon the enemy's front on that road. . . . The - division of Major-General Huger was intended to make a strong flank - movement around the left of the enemy's position, and attack him in - rear of that flank. . . . After waiting some six hours for these - troops to get into position, I determined to move forward without - regard to them, and gave orders to that effect to Major-General D. H. - Hill. The forward movement began about two o'clock, and our - skirmishers soon became engaged with those of the enemy. The entire - division of General Hill became engaged about three o'clock, and - drove the enemy steadily back, gaining possession of his abatis and - part of his intrenched camp, General Rodes, by a movement to the - right, driving in the enemy's left. The only reënforcements on the - field in hand were my own brigades, of which Anderson's, Wilcox's, - and Kemper's were put in by the front on the Williamsburg road, and - Colston's and Pryor's by my right flank. At the same time the decided - and gallant attack made by the other brigades gained entire - possession of the enemy's position, with his artillery, - camp-equipage, etc. Anderson's brigade, under Colonel Jenkins, - pressing forward rapidly, continued to drive the enemy till - nightfall. . . . The conduct of the attack was left entirely to - Major-General Hill. The entire success of the affair is sufficient - evidence of his ability, courage, and skill." - -This tribute to General Hill was no more than has been accorded to -him by others who knew of his services on that day, and was in -keeping with the determined courage, vigilance, and daring exhibited -by him on other fields. - -The reference, made, without qualification, in General Longstreet's -report, to the failure of General Huger to make the attack expected -of him, and the freedom with which others have criticised him, -renders it proper that some explanation should be given of an -apparent dilatoriness on the part of that veteran soldier, who, after -long and faithful service, now fills an honored grave. - -It will be remembered that General Huger was to move by the Charles -City road, so as to turn the left of the enemy and attack him in -flank. The extraordinary rain of the previous night had swollen every -rivulet to the dimensions of a stream, and the route prescribed to -General Huger was one especially affected by that heavy rain, as it -led to the head of the White-Oak Swamp. The bridge over the stream -flowing into that swamp had been carried away, and the alternatives -presented to him was to rebuild the bridge or leave his artillery. He -chose the former, which involved the delay that has subjected him to -criticism. If any should think an excuse necessary to justify this -decision, they are remanded to the accepted military maxim, that the -march must never be so hurried as to arrive unfit for service; and, -also, they may be reminded that Huger's specialty was artillery, he -being the officer who commanded the siege-guns with which General -Scott marched from Vera Cruz to the city of Mexico. To show that the -obstacles encountered were not of such slight character as energy -would readily overcome, I refer to the report of an officer -commanding a brigade on that occasion, Brigadier-General R. E. Rodes, -whose great merit and dashing gallantry caused him to be admired -throughout the army of the Confederacy. He said: - - "On the morning of the 31st the brigade was stationed on the Charles - City road, three and a half miles from the point on the Williamsburg - road from which it had been determined to start the columns of - attack. . . . I received a verbal order from General Hill to conduct - my command at once to the point at which the attack was to be made. - . . . The progress of the brigade was considerably delayed by the - washing away of a bridge near the head of White-Oak Swamp, by reason - of which the men had to wade in water waist-deep, and a large number - were entirely submerged. At this point the character of the crossing - was such that it was absolutely necessary to proceed with great - caution to prevent the loss of both ammunition and life. In - consequence of this delay, and notwithstanding that the men were - carried at double-quick time over very heavy ground for a - considerable distance to make up for it, when the signal for attack - was given, only my line of skirmishers, the Sixth Alabama and the - Twelfth Mississippi Regiments, was in position. . . . The ground over - which we were to move being covered with thick undergrowth, and the - soil being marshy--so marshy that it was with great difficulty that - either horses or men could get over it--and being guided only by the - fire in front, I emerged from the woods from the Williamsburg road - under a heavy fire of both artillery and musketry, with only five - companies of the Fifth Alabama." - -General Huger's line of march was farther to the right, therefore -nearer to White-Oak Swamp, and the impediments consequently greater -than where General Rodes found the route so difficult as to be -dangerous even to infantry. - -On the next day, the 1st of June, General Longstreet states that a -serious attack was made on our position, and that it was repulsed. -This refers to the works which Hill's division had captured the day -before, and which the enemy endeavored to retake. - -From the final report of General Longstreet, already cited, it -appears that he was ordered to attack on the morning of the 31st, and -he explains why it was postponed for six hours; then he states that -it was commenced by the division of General D. H. Hill, which drove -the enemy steadily back, pressing forward until nightfall. The -movement of Rodes's brigade on the right flank is credited with -having contributed much to the dislodgment of the enemy from their -abatis and first intrenchments. As just stated. General Longstreet -reports a delay of some six hours in making this attack, because he -was waiting for General Huger, and then made it successfully with -Hill's division and some brigades from his own. These questions must -naturally arise in the mind of the reader: Why did not our troops on -the left, during this long delay, as well as during the period -occupied by Hill's assault, coöperate in the attack? and Why, the -battle having been preconceived, were they so far removed as not to -hear the first guns? The officers of the Federal army, when called -before a committee appointed by their Congress to inquiry into the -conduct of the war, have by their testimony made it quite plain that -the divided condition of their troops and the length of time required -for their concentration after the battle commenced, rendered it -practicable for our forces, if united--as, taking the initiative, -they well might have been--to have crushed or put to flight first -Keyes's and then Heintzelman's corps before Sumner crossed the -Chickahominy, between five and six o'clock in the evening. - -By the official reports our aggregate loss was, "killed, wounded, and -missing," 6,084, of which 4,851 were in Longstreet's command on the -right, and 1,233 in Smith's command on the left. - -The enemy reported his aggregate loss at 5,739. It may have been less -than ours, for we stormed his successive defenses. - -Our success upon the right was proved by our possession of the -enemy's works, as well as by the capture of ten pieces of artillery, -four flags, a large amount of camp-equipage, and more than one -thousand prisoners. - -Our aggregate of both wings was about 40,500. The force of the enemy -confronting us may be approximated by taking his returns for the 20th -of June and adding thereto his casualties on the 31st of May and 1st -of June, because between the last-named date and the 20th of June no -action had occurred to create any material change in the number -present. From these data, viz., the strength of Heintzelman's corps, -18,810, and of Keyes's corps, 14,610, on June 20th, by adding their -casualties of the 31st of May and 1st of June--4,516--we deduce the -strength of these two corps on the 31st of May to have been 37,936 as -the aggregate present for duty. - -It thus appears that, at the commencement of the action on the 31st -of May, we had a numerical superiority of about 2,500. Adopting the -same method to calculate the strength of Sumner's corps, we find it -to have been 18,724, which would give the enemy in round numbers a -force of 16,000 in excess of ours after General Sumner crossed the -Chickahominy. - -Both combatants claimed the victory. I have presented the evidence in -support of our claim. The withdrawal of the Confederate forces on the -day after the battle from the ground on which it was fought certainly -gives color to the claim of the enemy, though that was really the -result of a policy much broader than the occupation of the field of -Seven Pines. - -On the morning of June 1st I rode out toward the position where -General Smith had been left on the previous night, and where I -learned from General Lee that he would remain. After turning into the -Nine-mile road, and before reaching that position, I was hailed by -General Whiting, who saw me at a distance, and ran toward the road to -stop me. He told me I was riding into the position of the enemy, who -had advanced on the withdrawal of our troops, and there, pointing, he -said, "is a battery which I am surprised has not fired on yon." I -asked where our troops were. He said his was the advance, and the -others behind him. He also told me that General Smith was at the -house which had been his (Whiting's) headquarters, and I rode there -to see him. To relieve both him and General Lee from any -embarrassment, I preferred to make the announcement of General Lee's -assignment to command previous to his arrival. - -After General Lee arrived, I took leave, and, being subsequently -joined by him, we rode together to the Williamsburg road, where we -found General Longstreet, his command being in front, and then -engaged with the enemy on the field of the previous day's combat. The -operations of that day were neither extensive nor important, save in -the collection of the arms acquired in the previous day's battle. - -General R. E. Lee was now in immediate command, and thenceforward -directed the movements of the army in front of Richmond. Laborious -and exact in details, as he was vigilant and comprehensive in grand -strategy, a power, with which the public had not credited him, soon -became manifest in all that makes an army a rapid, accurate, compact -machine, with responsive motion in all its parts. I extract the -following sentence from a letter from the late Colonel R. H. Chilton, -adjutant and inspector-general of the army of the Confederacy, -because of his special knowledge of the subject: - - "I consider General Lee's exhibition of grand administrative talents - and indomitable energy, in bringing up that army in so short a time - to that state of discipline which maintained aggregation through - those terrible seven days' fights around Richmond, as probably his - grandest achievement." - - -[Footnote 41: For recital and correspondence of 1874, see "Advance and -Retreat," by J. B. Hood, Lieutenant-General in the Confederate Army, -pp. 153-156.] - - - - -CHAPTER XXIII. - - The Enemy's Position.--His Intention.--The Plan of Operations.-- - Movements of General Jackson.--Daring and Fortitude of Lee.-- - Offensive-Defensive Policy.--General Stuart's Movement.--Order of - Attack.--Critical Position of McClellan.--Order of Mr. Lincoln - creating the Army of Virginia.--Arrival of Jackson.--Position of - the Enemy.--Diversion of General Longstreet.--The Enemy forced back - south of the Chickahominy.--Abandonment of the Railroad. - - -When riding from the field of battle with General Robert E. Lee on -the previous day, I informed him that he would be assigned to the -command of the army, _vice_ General Johnston, wounded, and that he -could make his preparations as soon as he reached his quarters, as I -should send the order to him as soon as arrived at mine. On the next -morning, as above stated, he proceeded to the field and took command -of the troops. During the night our forces on the left had fallen -back from their position at the close of the previous day's battle, -but those on the right remained in the one they had gained, and some -combats occurred there between the opposing forces. The enemy -proceeded further to fortify his position on the Chickahominy, -covering his communication with his base of supplies on York River. -His left was on the south side of the Chickahominy, between White-Oak -Swamp and New Bridge, and was covered by a strong intrenchment, with -heavy guns, and with abatis in front. His right wing was north of the -Chickahominy, extending to Mechanicsville, and the approaches -defended by strong works. - -Our army was in line in front of Richmond, but without intrenchments. -General Lee immediately commenced the construction of an earthwork -for a battery on our left flank, and a line of intrenchment to the -right, necessarily feeble because of our deficiency in tools. It -seemed to be the intention of the enemy to assail Richmond by regular -approaches, which our numerical inferiority and want of engineer -troops, as well as the deficiency of proper utensils, made it -improbable that we should be able to resist. The day after General -Lee assumed command, I was riding out to the army, when I saw at a -house on my left a number of horses, and among them one I recognized -as belonging to him. I dismounted and entered the house, where I -found him in consultation with a number of his general officers. The -tone of the conversation was quite despondent, and one, especially, -pointed out the inevitable consequence of the enemy's advance by -throwing out _boyaux_ and constructing successive parallels. I -expressed, in marked terms, my disappointment at hearing such views, -and General Lee remarked that he had, before I came in, said very -much the same thing. I then withdrew and rode to the front, where, -after a short time, General Lee joined me, and entered into -conversation as to what, under the circumstances, I thought it most -advisable to do. I then said to him, substantially, that I knew of -nothing better than the plan he had previously explained to me, which -was to have been executed by General Johnston, but which was not -carried out; that the change of circumstances would make one -modification necessary--that, instead, as then proposed, of bringing -General A. P. Hill, with his division, on the rear flank of the -enemy, it would, because of the preparation for defense made in the -mean time, now be necessary to bring the stronger force of General T. -J. Jackson from the Valley of the Shenandoah. So far as we were then -informed, General Jackson was hotly engaged with a force superior to -his own, and, before he could be withdrawn, it was necessary that the -enemy should be driven out of the Valley. For this purpose, as well -as to mask the design of bringing Jackson's forces to make a junction -with those of Lee, a strong division under General Whiting was -detached to go by rail to the Valley to join General Jackson, and, by -a vigorous assault, to drive the enemy across the Potomac. As soon as -he commenced a retreat which unmistakably showed that his flight -would not stop within the limits of Virginia, General Jackson was -instructed, with his whole force, to move rapidly on the right flank -of the enemy north of the Chickahominy. The manner in which the -division was detached to reënforce General Jackson was so open that -it was not doubted General McClellan would soon be apprised of it, -and would probably attribute it to any other than the real motive, -and would confirm him in his exaggerated estimate of our strength. - - -By the rapidity of movement and skill with which General Jackson -handled his troops, he, after several severe engagements, finally -routed the enemy before the reënforcement of Whiting arrived; and he -then, on the 17th of June, proceeded, with that celerity which gave -to his infantry its wonderful fame and efficiency, to execute the -orders which General Lee had sent to him. - -As evidence of the daring and unfaltering fortitude of General Lee, I -will here recite an impressive conversation which occurred between us -in regard to this movement. His plan was to throw forward his left -across the Meadow Bridge, drive back the enemy's right flank, and -then, crossing by the Mechanicsville Bridge with another column, to -attack in front, hoping by his combined forces to be victorious on -the north side of the Chickahominy; while the small force on the -intrenched line south of the Chickahominy should hold the left of the -enemy in check. I pointed out to him that our force and intrenched -line between that left flank and Richmond was too weak for a -protracted resistance, and, if McClellan was the man I took him for -when I nominated him for promotion in a new regiment of cavalry, and -subsequently selected him for one of the military commission sent to -Europe during the War of the Crimea, as soon as he found that the -bulk of our army was on the north side of the Chickahominy, he would -not stop to try conclusions with it there, but would immediately move -upon his objective point, the city of Richmond. If, on the other -hand, he should behave like an engineer officer, and deem it his -first duty to protect his line of communication, I thought the plan -proposed was not only the best, but would be a success. Something of -his old _esprit de corps_ manifested itself in General Lee's first -response, that he did not know engineer officers were more likely -than others to make such mistakes, but, immediately passing to the -main subject, he added, "If you will hold him as long as you can at -the intrenchment, and then fall back on the detached works around the -city, I will be upon the enemy's heels before he gets there." - -Thus was inaugurated the offensive-defensive campaign which resulted -so gloriously to our arms, and turned from the capital of the -Confederacy a danger so momentous that, looking at it retrospectively, -it is not seen how a policy less daring or less firmly pursued could -have saved the capital from capture. - -To resume the connected thread of our narrative. Preparatory to this -campaign, a light intrenchment for infantry cover, with some works -for field-guns, was constructed on the south side of the Chickahominy, -and General Whiting, with two brigades, as before stated, was sent to -reënforce General Jackson in the Valley, so as to hasten the expulsion -of the enemy, after which Jackson was to move rapidly from the Valley -so as to arrive in the vicinity of Ashland by the 24th of June, and, by -striking the enemy on his right flank, to aid in the proposed attack. -The better to insure the success of this movement, General Lawton, who -was coming with a brigade from Georgia to join General Lee, was directed -to change his line of march and unite with General Jackson in the Valley. - -As General Whiting went by railroad, it was expected that the enemy -would be cognizant of the fact, but not, probably, assign to it the -real motive; and that such was the case is shown by an unsuccessful -attack of the 26th, made on the Williamsburg road, with the apparent -intention of advancing by that route to Richmond. - -To observe the enemy, as well as to prevent him from learning of the -approach of General Jackson, General J. E. B. Stuart was sent with a -cavalry force on June 8th to cover the route by which the former was -to march, and to ascertain whether the enemy had any defensive works -or troops in position to interfere with the advance of those forces. -He reported favorably on both these points, as well as to the natural -features of the country. On the 26th of June General Stuart received -confidential instructions from General Lee, the execution of which is -so interwoven with the seven days' battles as to be more -appropriately noticed in connection with them, of which it is -proposed now to give a brief account. - -Our order of battle directed General Jackson to march from Ashland on -the 25th toward Slash Church, encamping for the night west of the -Central Railroad; to advance at 3 A.M. on the 26th, and to turn -Beaver-Dam Creek. General A. P. Hill was to cross the Chickahominy at -Meadow Bridge when Jackson advanced beyond that point, and to move -directly upon Mechanicsville. As soon as the bridge there should be -uncovered, Longstreet and D. H. Hill were to cross, the former to -proceed to the support of A. P. Hill and the latter to that of -Jackson. - -The four commands were directed to sweep down the north side of the -Chickahominy toward the York River Railroad--Jackson on the left and -in advance; Longstreet nearest the river and in the rear. Huger, -McLaws, and Magruder, remaining on the south side of the -Chickahominy, were ordered to hold their positions as long as -possible against any assault of the enemy; to observe his movements, -and to follow him closely if he should retreat. General Stuart, with -the cavalry, was thrown out on Jackson's left to guard his flank and -give notice of the enemy's movements. Brigadier-General Pendleton was -directed to employ the reserve artillery so as to resist any advance -toward Richmond, to superintend that portion of it posted to aid in -the operations on the north bank, and hold the remainder for use -where needed. The whole of Jackson's command did not arrive in time -to reach the point designated on the 25th. He had, therefore, more -distance to move on the 26th, and he was retarded by the enemy. - -Not until 3 P.M. did A. P. Hill begin to move. Then he crossed the -river and advanced upon Mechanicsville. After a sharp conflict he -drove the enemy from his intrenchments, and forced him to take refuge -in his works, on the left bank of Beaver Dam, about a mile distant. -This position was naturally strong, the banks of the creek in front -being high and almost perpendicular, and the approach to it was over -open fields commanded by the fire of artillery and infantry under -cover on the opposite side. The difficulty of crossing the stream had -been increased by felling the fringe of woods on its banks and -destroying the bridges. Jackson was expected to pass Beaver Dam -above, and turn the enemy's right, so General Hill made no direct -attack. Longstreet and D. H. Hill crossed the Mechanicsville Bridge -as soon as it was uncovered and could be repaired, but it was late -before they reached the north bank of the Chickahominy. An effort was -made by two brigades, one of A. P. Hill and the other Ripley's of D. -H. Hill, to turn the enemy's left, but the troops were unable in the -growing darkness to overcome the obstructions, and were withdrawn. -The engagement ceased about 9 P.M. Our troops retained the ground -from which the foe had been driven. - -According to the published reports, General McClellan's position was -regarded at this time as extremely critical. If he concentrated on -the left bank of the Chickahominy, he abandoned the attempt to -capture Richmond, and risked a retreat upon the White House and -Yorktown, where he had no reserves, or reason to expect further -support. If he moved to the right bank of the river, he risked the -loss of his communications with the White House, whence his supplies -were drawn by railroad. He would then have to attempt the capture of -Richmond by assault, or be forced to open new communications by the -James River, and move at once in that direction. There he would -receive the support of the enemy's navy. This latter movement had, it -appears, been thought of previously, and transports had been sent to -the James River. During the night, after the close of the contest -last mentioned, the whole of Porter's baggage was sent over to the -right bank of the river, and united with the train that set out on -the evening of the 27th for the James River. - -It would almost seem as if the Government of the United States -anticipated, at this period, the failure of McClellan's expedition. -On June 27th President Lincoln issued an order creating the "Army of -Virginia," to consist of the forces of Fremont, in their Mountain -Department; of Banks, in their Shenandoah Department; and of -McDowell, at Fredericksburg. The command of this army was assigned to -Major-General John Pope. This cut off all reënforcements from -McDowell to McClellan. - -In expectation of Jackson's arrival on the enemy's right, the battle -was renewed at dawn, and continued with animation about two hours, -during which the passage of the creek was attempted, and our troops -forced their way to its banks, where their progress was arrested by -the nature of the stream and the resistance encountered. They -maintained their position while preparations were being made to cross -at another point nearer the Chickahominy. Before these were -completed, Jackson crossed Beaver Dam above, and the enemy abandoned -his intrenchments, and retired rapidly down the river, destroying a -great deal of property, but leaving much in his deserted camps. - -After repairing the bridges over Beaver Dam, the several columns -resumed their advance, as nearly as possible, as prescribed in the -order. Jackson, with whom D. H. Hill had united, bore to the left, in -order to cut off reënforcements to the enemy or intercept his retreat -in that direction. Longstreet and A. P. Hill moved nearer the -Chickahominy. Many prisoners were taken in their progress; and the -conflagration of wagons and stores marked the course of the -retreating army. Longstreet and Hill reached the vicinity of New -Bridge about noon. It was ascertained that the enemy had taken a -position behind Powhite Creek, prepared to dispute our progress. He -occupied a range of hills, with his right resting in the vicinity of -McGhee's house, and his left near that of Dr. Gaines, on a wooded -bluff, which rose abruptly from a deep ravine. The ravine was filled -with sharpshooters, to whom its banks gave protection. A second line -of infantry was stationed on the side of the hill, overlooking the -first, and protected by a breastwork of logs. A third occupied the -crest, strengthened with rifle-trenches, and crowned with artillery. -The approach to this position was over an open plain, about a quarter -of a mile wide, commanded by a triple line of fire, and swept by the -heavy batteries south of the Chickahominy. In front of his center and -right the ground was generally open, bounded on the side of our -approach by a wood, with dense and tangled undergrowth, and traversed -by a sluggish stream, which converted the soil into a deep morass. -The woods on the further side of the swamp were occupied by -sharpshooters, and trees had been felled to increase the difficulty -of its passage, and detain our advancing columns under the fire of -infantry massed on the slopes of the opposite hills, and of the -batteries on their crests. - -Pressing on toward the York River Railroad, A. P. Hill, who was in -advance, reached the vicinity of New Cold Harbor about 2 P.M., where -he encountered the foe. He immediately formed his line nearly -parallel to the road leading from that place toward McGhee's house, -and soon became hotly engaged. The arrival of Jackson on our left was -momentarily expected, and it was supposed that his approach would -cause the extension of the opposing line in that direction. Under -this impression, Longstreet was held back until this movement should -commence. The principal part of the enemy's army was now on the north -side of the Chickahominy. Hill's single division met this large force -with the impetuous courage for which that officer and his troops were -distinguished. They drove it back, and assailed it in its strong -position on the ridge. The battle raged fiercely, and with varying -fortune, more than two hours. Three regiments pierced the enemy's -line, and forced their way to the crest of the hill on his left, but -were compelled to fall back before overwhelming numbers. This -superior force, assisted by the fire of the batteries south of the -Chickahominy, which played incessantly on our columns as they pressed -through the difficulties that obstructed their way, caused them to -recoil. Though most of the men had never been under fire until the -day before, they were rallied, and in turn repelled the advance of -our assailant Some brigades were broken, others stubbornly maintained -their positions, but it became apparent that the enemy was gradually -gaining ground. The attack on our left being delayed by the length of -Jackson's march and the obstacles he encountered, Longstreet was -ordered to make a diversion in Hill's favor by a feint on the enemy's -left. In making this demonstration, the great strength of the -position already described was discovered, and General Longstreet -perceived that, to render the diversion effectual, the feint must be -converted into an attack. He resolved, with his characteristic -determination, to carry the heights by assault. His column was -quickly formed near the open ground, and, as his preparations were -completed, Jackson arrived, and his right division--that of -Whiting--took position on the left of Longstreet. At the same time, -D. H. Hill formed on our extreme left, and, after a short but bloody -conflict, forced his way through the morass and obstructions, and -drove the foe from the woods on the opposite side. Ewell advanced on -Hill's right, and became hotly engaged. The first and fourth brigades -of Jackson's own division filled the interval between Ewell and A. P. -Hill. The second and third were sent to the right. The arrival of -these fresh troops enabled A. P. Hill to withdraw some of his -brigades, wearied and reduced by their long and arduous conflict. The -lines being now complete, a general advance from right to left was -ordered. On the right, the troops moved forward with steadiness, -unchecked by the terrible fire from the triple lines of infantry on -the hill, and the cannon on both sides of the river, which burst upon -them as they emerged upon the plain. The dead and wounded marked the -line of their intrepid advance, the brave Texans leading, closely -followed by their no less daring comrades. The enemy were driven from -the ravine to the first line of breastworks, over which our impetuous -column dashed up to the intrenchments on the crest. These were -quickly stormed, fourteen pieces of artillery captured, and the foe -driven into the field beyond. Fresh troops came to his support, and -he endeavored repeatedly to rally, but in vain. He was forced back -with great slaughter until he reached the woods on the banks of the -Chickahominy, and night put an end to the pursuit. Long lines of dead -and wounded marked each stand made by the enemy in his stubborn -resistance, and the field over which he retreated was strewed with -the slain. On the left, the attack was no less vigorous and -successful. D. H. Hill charged across the open ground in front, one -of his regiments having first bravely carried a battery whose fire -enfiladed his advance. Gallantly supported by the troops on his -right, who pressed forward with unfaltering resolution, he reached -the crest of the ridge, and, after a sanguinary struggle, broke the -enemy's line, captured several of his batteries, and drove him in -confusion toward the Chickahominy, until darkness rendered further -pursuit impossible. Our troops remained in undisturbed possession of -the field, covered with the dead and wounded of our opponent; and his -broken forces fled to the river or wandered through the woods. Owing -to the nature of the country, the cavalry was unable to participate -in the general engagement. It, however, rendered valuable service in -guarding Jackson's flank, and took a large number of prisoners. - -On the morning of the 28th it was ascertained that none of the enemy -remained in our front north of the Chickahominy. As he might yet -intend to give battle to preserve his communications, the Ninth -Cavalry, supported by Ewell's division, was ordered to seize the York -River Railroad, and General Stuart with his main body to coöperate. -When the cavalry reached Dispatch Station, the enemy retreated to the -south bank of the Chickahominy, and burned the railroad-bridge. -During the forenoon, columns of dust south of the river showed that -he was in motion. The abandonment of the railroad and destruction of -the bridge proved that no further attempt would be made to hold that -line. But, from the position the enemy occupied, the roads which led -toward the James River would also enable him to reach the lower -bridges over the Chickahominy, and retreat down the Peninsula. In the -latter event, it was necessary that our troops should continue on the -north bank of the river, and, until the intention of General -McClellan was discovered, it was deemed injudicious to change their -disposition. Ewell was therefore ordered to proceed to Bottom's -Bridge, to guard that point, and the cavalry to watch the bridges -below. No certain indications of a retreat to the James River were -discovered by our forces on the south side of the Chickahominy, and -late in the afternoon the enemy's works were reported to be fully -manned. The strength of these fortifications prevented Generals Huger -and Magruder from discovering what was passing in their front. Below -the enemy's works the country was densely wooded and intersected by -swamps, concealing his movements and precluding reconnaissances -except by the regular roads, all of which were strongly guarded. The -bridges over the Chickahominy in rear of the enemy were destroyed, -and their reconstruction by us was impracticable in the presence of -his whole army and powerful batteries. We were therefore compelled to -wait until his purpose should be developed. Generals Huger and -Magruder were again directed to use the utmost vigilance, and to -pursue the foe vigorously should they discover that he was -retreating. During the afternoon of the 28th the signs were -suggestive of a general movement, and, no indications of his approach -to the lower bridges of the Chickahominy having been discovered by -the pickets in observation at those points, it became inferable that -General McClellan was about to retreat to the James River. - - - - -CHAPTER XXIV. - - Retreat of the Enemy.--Pursuit and Battle.-Night.--Further Retreat - of the Enemy.--Progress of General Jackson.--The Enemy at Frazier's - Farm.--Position of General Holmes.--Advance of General - Longstreet.--Remarkable Features of the Battle.--Malvern Hill.-- - Our Position.--The Attack.--Expedition of General Stuart.-- - Destruction of the Enemy's Stores.--Assaults on the Enemy.--Retreat - to Westover on the James.--Siege of Richmond raised.--Number of - Prisoners taken.--Strength of our Forces.--Strength of our Forces - at Seven Pines and after.--Strength of the Enemy. - - -During the night I visited the several commands along the -intrenchment on the south side of the Chickahominy. General Huger's -was on the right, General McLaws's in the center, and General -Magruder's on the left. The night was quite dark, especially so in -the woods in front of our line, and, in expressing my opinion to the -officers that the enemy would commence a retreat before morning, I -gave special instructions as to the precautions necessary in order -certainly to hear when the movement commenced. In the confusion of -such a movement, with narrow roads and heavy trains, a favorable -opportunity was offered for attack. It fell out, however, that the -enemy did move before morning, and that the fact of the works having -been evacuated was first learned by an officer on the north side of -the river, who, the next morning, the 29th, about sunrise, was -examining their works by the aid of a field-glass. - -Generals Longstreet and A. P. Hill were promptly ordered to recross -the Chickahominy at New Bridge, and move by the Darbytown and Long -Bridge roads. General Lee, having sent his engineer. Captain Meade, -to examine the condition of the abandoned works, came to the south -side of the Chickahominy to unite his command and direct its -movements. - -Magruder and Huger found the whole line of works deserted, and large -quantities of military stores of every description abandoned or -destroyed. They were immediately ordered in pursuit, the former by -the Charles City road, so as to take the enemy's army in flank; and -the latter by the Williamsburg road, to attack his rear. Jackson was -directed to cross the "Grapevine" Bridge, and move down the south -side of the Chickahominy. Magruder reached the vicinity of Savage -Station, where he came upon the rear-guard of the retreating army. -Being informed that it was advancing, he halted and sent for -reënforcements. Two brigades of Huger's division were ordered to his -support, but were subsequently withdrawn, it having been ascertained -that the force in Magruder's front was merely covering the retreat of -the main body. - -Jackson's route led to the flank and rear of Savage Station, but he -was delayed by the necessity of reconstructing the "Grapevine" Bridge. - -Late in the afternoon Magruder attacked the enemy with one of his -divisions and two regiments of another. A severe action ensued, and -continued about two hours, when night put an end to the conflict. The -troops displayed great gallantry, and inflicted heavy loss; but, -owing to the lateness of the hour and the small force engaged, the -result was not decisive, and the enemy continued his retreat under -cover of night, leaving several hundred prisoners, with his dead and -wounded, in our hands. Our loss was small in numbers but great in -value. Among others who could ill be spared, here fell the gallant -soldier, the useful citizen, the true friend and Christian gentleman, -Brigadier-General Richard Griffith. He had served with distinction in -foreign war, and, when the South was invaded, was among the first to -take up arms in defense of our rights. - -At Savage Station were found about twenty-five hundred men in -hospital, and a large amount of property. Stores of much value had -been destroyed, including the necessary medical supplies for the sick -and wounded. The night was so dark that, before the battle ended, it -was only by challenging that on several occasions it was determined -whether the troops in front were friends or foes. It was therefore -deemed unadvisable to attempt immediate pursuit. - -Our troops slept upon their arms, and in the morning it was found -that the enemy had retreated during the night, and, by the time thus -gained, he was enabled to cross the White-Oak Creek, and destroy the -bridge. - -Early on the 30th Jackson reached Savage Station. He was directed to -pursue the enemy on the road he had taken, and Magruder to follow -Longstreet by the Darbytown road. As Jackson advanced, he captured so -many prisoners and collected so large a number of arms, that two -regiments had to be detached for their security. His progress at -White-Oak Swamp was checked by the enemy, who occupied the opposite -side, and obstinately resisted the rebuilding of the bridge. - -Longstreet and A. P. Hill, continuing their advance, on the 30th came -upon the foe strongly posted near the intersection of the Long Bridge -and Charles City roads, at the place known in the military reports as -Frazier's Farm. - -Huger's route led to the right of this position, Jackson's to the -rear, and the arrival of their commands was awaited, to begin the -attack. - -On the 29th General Holmes had crossed from the south side of the -James River, and, on the 30th, was reënforced by a detachment of -General Wise's brigade. He moved down the River road, with a view to -gain, near to Malvern Hill, a position which would command the -supposed route of the retreating army. - -It is an extraordinary fact that, though the capital had been -threatened by an attack from the seaboard on the right, though our -army had retreated from Yorktown up to the Chickahominy, and, after -encamping there for a time, had crossed the river and moved up to -Richmond, yet, when at the close of the battles around Richmond -McClellan retreated and was pursued toward the James River, we had no -maps of the country in which we were operating; our generals were -ignorant of the roads, and their guides knew little more than the way -from their homes to Richmond. It was this fatal defect in -preparation, and the erroneous answers of the guides, that caused -General Lee first to post Holmes and Wise, when they came down the -River road, at New Market, where, he was told, was the route that -McClellan must pursue in his retreat to the James. Subsequently -learning that there was another road, by the Willis church, which -would better serve the purpose of the retreating foe, Holmes's -command was moved up to a position on that road where, at the foot of -a hill which concealed from view the enemy's line, he remained under -the fire of the enemy's gunboats, the huge, shrieking shells from -which dispersed a portion of his cavalry and artillery, though the -faithful old soldier remained with the rest of his command, waiting, -according to his orders, for the enemy with his trains to pass; but, -taking neither of the roads pointed out to General Lee, he retreated -by the shorter and better route, which led by Dr. Poindexter's house -to Harrison's Landing. It has been alleged that General Holmes was -tardy in getting into position, and failed to use his artillery as he -had been ordered. Both statements are incorrect. He first took -position when and where he was directed, and, soon after, he moved to -the last position to which he was assigned. The dust of his advancing -column caused a heavy fire from the gunboats to be opened upon him, -and, in men who had never before seen the huge shells then fired, -they inspired a degree of terror not justified by their -effectiveness. The enemy, instead of being a straggling mass moving -toward the James River, as had been reported, were found halted -between West's house and Malvern Hill on ground commanding Holmes's -position, with an open field between them. - -General Holmes ordered his chief of artillery to commence firing upon -the enemy's infantry, which immediately gave way, but a heavy fire of -twenty-five or thirty guns promptly replied to our battery, and -formed, with the gunboats, a cross-fire upon General Holmes's -command. The numerical superiority of the opposing force, both in -infantry and artillery, would have made it worse than useless to -attempt an assault unless previously reënforced, and, as no -reënforcements arrived, Holmes, about an hour after nightfall, -withdrew to a point somewhat in advance of the one he had held in the -morning. Though the enemy continued their cannonade until after dark, -and most of the troops were new levies, General Holmes reported that -they behaved well under the trying circumstances to which they were -exposed, except a portion of his artillery and cavalry, which gave -way in disorder, probably from the effect of the ten-inch shells, -which were to them a novel implement of war; for when I met them, say -half a mile from the point they had left, and succeeded in stopping -them, another shell fell and exploded near us in the top of a -wide-spreading tree, giving a shower of metal and limbs, which soon -after caused them to resume their flight in a manner that plainly -showed no moral power could stop them within the range of those -shells. It was after a personal and hazardous reconnaissance that -General Lee assigned General Holmes to his last position; and when I -remonstrated with General Lee, whom I met returning from his -reconnaissance, on account of the exposure to which he had subjected -himself, he said he could not get the required information otherwise, -and therefore had gone himself. - -After the close of the battle of Malvern Hill, General Holmes found -that a deep ravine led up to the rear of the left flank of the -enemy's line, and expressed his regret that it had not been known, -and that he had not been ordered, when the attack was made in front, -to move up that ravine and simultaneously assail in flank and -reverse. It was not until after he had explained with regret the -lost, because unknown, opportunity, that he was criticised as having -failed to do his whole duty at the battle of Malvern Hill. - -He has passed beyond the reach of censure or of praise, after serving -his country on many fields wisely and well. I, who knew him from our -schoolboy days, who served with him in garrison and in the field, and -with pride watched him as he gallantly led a storming party up a -rocky height at Monterey, and was intimately acquainted with his -whole career during our sectional war, bear willing testimony to the -purity, self-abnegation, generosity, fidelity, and gallantry which -characterized him as a man and a soldier. - -General Huger reported that his progress was delayed by trees which -his opponent had felled across the Williamsburg road. In the -afternoon, after passing the obstructions and driving off the men who -were still cutting down trees, they came upon an open field (P. -Williams's), where they were assailed by a battery of rifled guns. -The artillery was brought up, and replied to the fire. In the mean -time a column of infantry was moved to the right, so as to turn the -battery, and the combat was ended. The report of this firing was -heard at Frazier's Farm, and erroneously supposed to indicate the -near approach of Huger's column, and, it has been frequently stated, -induced General Longstreet to open fire with some of his batteries as -notice to General Huger where our troops were, and that thus the -engagement was brought on. General A. P. Hill, who was in front and -had made the dispositions of our troops while hopefully waiting for -the arrival of Jackson and Huger, states that the fight commenced by -fire from the enemy's artillery, which swept down the road, etc. This -not only concurs with my recollection of the event, but is more in -keeping with the design to wait for the expected reënforcements. - -The detention of Huger, as above stated, and the failure of Jackson -to force a passage of the White-Oak Swamp, left Longstreet and Hill, -without the expected support, to maintain the unequal conflict as -best they might. The superiority of numbers and advantage of position -were on the side of the enemy. The battle raged furiously until 9 -P.M. By that time the enemy had been driven with great slaughter from -every position but one, which he maintained until he was enabled to -withdraw under cover of darkness. At the close of the struggle nearly -the entire field remained in our possession, covered with the enemy's -dead and wounded. Many prisoners, including a general of division, -were captured, and several batteries with some thousands of -small-arms were taken. - -After this engagement, Magruder, who had been ordered to go to the -support of Holmes, was recalled, to relieve the troops of Longstreet -and Hill. He arrived during the night, with the troops of his command -much fatigued by the long, hot march. - -In the battle of Frazier's Farm the troops of Longstreet and Hill, -though disappointed in the expectation of support, and contending -against superior numbers advantageously posted, made their attack -successful by the most heroic courage and unfaltering determination. - -Nothing could surpass the bearing of General Hill on that occasion, -and I often recur with admiration to the manner in which Longstreet, -when Hill's command seemed about to be overborne, steadily led his -reserve to the rescue, as he might have marched on a parade. The -mutual confidence between himself and his men was manifested by the -calm manner in which they went into the desperate struggle. The skill -and courage which made that corps illustrious on former as well as -future fields were never more needed or better exemplified than on -this. - -The current of the battle which was then setting against us was -reversed, and the results which have been stated were gained. That -more important consequences would have followed had Huger and -Jackson, or either of them, arrived in time to take part in the -conflict, is unquestionable; and there is little hazard in saying -that the army of McClellan would have been riven in twain, beaten in -detail, and could never, as an organized body, have reached the James -River. - -Our troops slept on the battle-field they had that day won, and -couriers were sent in the night with instructions to hasten the march -of the troops who had been expected during the day. - -Valor less true or devotion to their cause less sincere than that -which pervaded our army and sustained its commanders would, in this -hour of thinned ranks and physical exhaustion, have thought of the -expedient of retreat; but, so far as I remember, no such resort was -contemplated. To bring up reënforcements and attack again was alike -the expectation and the wish. - -During the night, humanity, the crowning grace of the knightly -soldier, secured for the wounded such care as was possible, not only -to those of our own army, but also to those of the enemy who had been -left upon the field. - -This battle was in many respects one of the most remarkable of the -war. Here occurred on several occasions the capture of batteries by -the impetuous charge of our infantry, defying the canister and grape -which plowed through their ranks, and many hand-to-hand conflicts, -where bayonet-wounds were freely given and received, and men fought -with clubbed muskets in the life-and-death encounter. - -The estimated strength of the enemy was double our own, and he had -the advantage of being in position. From both causes it necessarily -resulted that our loss was very heavy. To the official reports and -the minute accounts of others, the want of space compels me to refer -the reader for a detailed statement of the deeds of those who in our -day served their country so bravely and so well. - -During the night those who fought us at Frazier's Farm fell back to -the stronger position of Malvern Hill, and by a night-march the force -which had detained Jackson at White-Oak Swamp effected a junction -with the other portion of the enemy. Early on the 1st of July Jackson -reached the battlefield of the previous day, having forced the -passage of White-Oak Swamp, where he captured some artillery and a -number of prisoners. He was directed to follow the route of the -enemy's retreat, but soon found him in position on a high ridge in -front of Malvern Hill. Here, on a line of great natural strength, he -had posted his powerful artillery, supported by his large force of -infantry, covered by hastily constructed intrenchments. His left -rested near Crew's house and his right near Binford's. Immediately in -his front the ground was open, varying in width from a quarter to -half a mile, and, sloping gradually from the crest, was completely -swept by the fire of his infantry and artillery. To reach this open -ground our troops had to advance through a broken and thickly wooded -country, traversed nearly throughout its whole extent by a swamp -passable at only a few places and difficult at these. The whole was -within range of the batteries on the heights and the gunboats in the -river, under whose incessant fire our movements had to be executed. - -Jackson formed his line with Whiting's division on his left and D. H. -Hill's on his right, one of Ewell's brigades occupying the interval. -The rest of Ewell's and Jackson's own division were held in reserve. -Magruder was directed to take position on Jackson's right, but before -his arrival two of Huger's brigades came up and were placed next to -Hill. Magruder subsequently formed on the right of these brigades, -which, with a third of Huger's, were placed under his command. -Longstreet and A. P. Hill were held in reserve, and took no part in -the engagement. Owing to ignorance of the country, the dense forests -impeding necessary communications, and the extreme difficulty of the -ground, the whole line was not formed until a late hour in the -afternoon. The obstacles presented by the woods and swamp made it -impracticable to bring up a sufficient amount of artillery to oppose -successfully the extraordinary force of that arm employed by the -enemy, while the field itself afforded us few positions favorable for -its use, and none for its proper concentration. - -General W. N. Pendleton, in whom were happily combined the highest -characteristics of the soldier, the patriot, and the Christian, was -in chief command of the artillery, and energetically strove to bring -his long-range guns and reserve artillery into a position where they -might be effectively used against the enemy, but the difficulties -before mentioned were found insuperable. - -Orders were issued for a general advance at a given signal, but the -causes referred to prevented a proper concert of action among the -troops. D. H. Hill pressed forward across the open field, and engaged -the enemy gallantly, breaking and driving back his first line; but, a -simultaneous advance of the other troops not taking place, he found -himself unable to maintain the ground he had gained against the -overwhelming numbers and numerous batteries opposed to him. Jackson -sent to his support his own division and that part of Ewell's which -was in reserve; but, owing to the increasing darkness and intricacy -of the forest and swamp, they did not arrive in time to render the -desired assistance. Hill was therefore compelled to abandon part of -the ground he had gained, after suffering severe loss and inflicting -heavy damage. - -On the right the attack was gallantly made by Huger's and Magruder's -commands. Two brigades of the former commenced the action, the other -two were subsequently sent to the support of Magruder and Hill. -Several determined efforts were made to storm the hill at Crew's -house. The brigade advanced bravely across the open field, raked by -the fire of a hundred cannon and the musketry of large bodies of -infantry. Some were broken and gave way; others approached close to -the guns, driving back the infantry, compelling the advance batteries -to retire to escape capture, and mingling their dead with those of -the enemy. For want of coöperation by the attacking columns, their -assaults were too weak to break the enemy's line; and, after -struggling gallantly, sustaining and inflicting great loss, they were -compelled successively to retire. Night was approaching when the -attack began, and it soon became difficult to distinguish friend from -foe. The firing continued until after 9 P.M., but no decided result -was gained. - -Part of our troops were withdrawn to their original positions; others -remained in the open field; and some rested within a hundred yards of -the batteries that had been so bravely but vainly assailed. The -lateness of the hour at which the attack necessarily began gave the -foe the full advantage of his superior position, and augmented the -natural difficulties of our own. - -At the cessation of firing, several fragments of different commands -were lying down and holding their ground within a short distance of -the enemy's line, and, as soon as the fighting ceased, an informal -truce was established by common consent. Numerous parties from both -armies, with lanterns and litters, wandered over the field seeking -for the wounded, whose groans and calls on all sides could not fail -to move with pity the hearts of friend and foe. - -The morning dawned with heavy rain, and the enemy's position was seen -to have been entirely deserted. The ground was covered with his dead -and wounded, and his route exhibited evidence of a precipitate -retreat. To the fatigue of hard marches and successive battles, -enough to have disqualified our troops for rapid pursuit, was added -the discomfort of being thoroughly wet and chilled by rain. I sent -out to the neighboring houses to buy, if it could be had, at any -price, enough whisky to give to each of the men a single gill, but it -could not be found. - -The foe had silently withdrawn in the night by a route which had been -unknown to us, but which was the most direct road to Harrison's -Landing, and he had so many hours the start, that, among the general -officers who expressed to me their opinion, there was but one who -thought it was possible to pursue effectively. That was General T. J. -Jackson, who quietly said, "They have not all got away if we go -immediately after them." During the pursuit, which has just been -described, the cavalry of our army had been absent, having been -detached on a service which was reported as follows: After seizing -the York River Railroad, on June 28th, and driving the enemy across -the Chickahominy, the force under General Stuart proceeded down the -railroad to ascertain if there was any movement of the enemy in that -direction. He encountered but little opposition, and reached the -vicinity of the White House on the 29th. On his approach the enemy -destroyed the greater part of the immense stores accumulated at that -depot, and retreated toward Fortress Monroe. With one gun and some -dismounted men General Stuart drove off a gunboat, which lay near the -White House, and rescued a large amount of property, including more -than ten thousand stand of small-arms, partially burned. General -Stuart describes his march down the enemy's line of communication -with the York River as one in which he was but feebly resisted. He -says: - - "We advanced until, coming in view of the White House (a former - plantation residence of General George Washington), at a distance of - a quarter of a mile, a large gunboat was discovered lying at the - landing. . . . I was convinced that a few bold sharpshooters could - compel the gunboat to leave. I accordingly ordered down about - seventy-five, partly of the First and Fourth Virginia Cavalry, and - partly of the Jeff Davis Legion, armed with the rifled carbines. They - advanced on this monster so terrible to our fancy, and a body of - sharpshooters was sent ashore from the boat to meet them. . . . To - save time I ordered up the howitzer, a few shells from which, fired - with great accuracy, and bursting directly over her decks, caused an - instantaneous withdrawal of the sharpshooters, and a precipitous - flight under headway of steam down the river. . . . An opportunity - was here offered for observing the deceitfulness of the enemy's - pretended reverence for everything associated with the name of - Washington--for the dwelling-house was burned to the ground, not a - vestige left except what told of desolation and vandalism. - - "Nine large barges, laden with stores, were on fire as we approached; - immense numbers of tents, wagons, and cars in long trains, loaded, - and five locomotives; a number of forges; quantities of every species - of quartermaster's stores and property, making a total of many - millions of dollars--all more or less destroyed. . . . I replied (to - a note from the commanding General) that there was no evidence of a - retreat of the main body down the Williamsburg road, and I had no - doubt that the enemy, since his defeat, was endeavoring to reach the - James as a new base, being _compelled_ to surrender his connection - with the York. If the Federal people can be convinced that this was a - part of McClellan's plan, that it was in his original design for - Jackson to turn his right flank, and our generals to force him from - his strongholds, they certainly never can forgive him for the - millions of public treasure that his superb strategy cost." - -Leaving one squadron at the White House, he returned to guard the -lower bridges of the Chickahominy. On the 30th he was directed to -recross and coöperate with Jackson. After a long march, he reached -the rear of the enemy at Malvern Hill, on the night of July 1st, at -the close of the engagement. - -On the 2d of July the pursuit was commenced, the cavalry under -General Stuart in advance. The knowledge acquired since the event -renders it more than probable that, could our infantry, with a fair -amount of artillery, during that day and the following night, have -been in position on the ridge which overlooked the plain where the -retreating enemy was encamped on the bank of the James River, a large -part of his army must have dispersed, and the residue would have been -captured. It appears, from the testimony taken before the United -States Congressional Committee on the Conduct of the War, that it was -not until July 3d that the heights which overlooked the encampment of -the retreating army were occupied, and, from the manuscript notes on -the war by General J. E. B. Stuart, we learn that he easily gained -and took possession of the heights, and with his light howitzer -opened fire upon the enemy's camp, producing great commotion. This -was described by the veteran soldier, General Casey, of the United -States Army, thus: - - "The enemy had come down with some artillery upon our army massed - together on the river, the heights commanding the position not being - in our possession. Had the enemy come down and taken possession of - those heights with a force of twenty or thirty thousand men, they - would, in my opinion, have taken the whole of our army except that - small portion of it that might have got off on the transports." - -General Lee was not a man of hesitation, and they have mistaken his -character who suppose caution was his vice. He was prone to attack, -and not slow to press an advantage when he gained it. Longstreet and -Jackson were ordered to advance, but a violent storm which prevailed -throughout the day greatly retarded their progress. The enemy, -harassed and closely followed by the cavalry, succeeded in gaining -Westover, on the James River, and the protection of his gunboats. His -position was one of great natural and artificial strength, after the -heights were occupied and intrenched. It was flanked on each side by -a creek, and the approach in front was commanded by the heavy guns of -his shipping, as well as by those mounted in his intrenchments. Under -these circumstances it was deemed inexpedient to attack him; and, in -view of the condition of our troops, who had been marching and -fighting almost incessantly for seven days, under the most trying -circumstances, it was determined to withdraw, in order to afford to -them the repose of which they stood so much in need. - -Several days were spent in collecting arms and other property -abandoned by the enemy, and, in the mean time, some artillery and -cavalry were sent below Westover to annoy his transports. On July 8th -our army returned to the vicinity of Richmond. - -Under ordinary circumstances the army of the enemy should have been -destroyed. Its escape was due to the causes already stated. Prominent -among these was the want of correct and timely information. This -fact, together with the character of the country, enabled General -McClellan skillfully to conceal his retreat, and to add much to the -obstructions with which nature had beset the way of our pursuing -columns. We had, however, effected our main purpose. The siege of -Richmond was raised, and the object of a campaign which had been -prosecuted after months of preparation, at an enormous expenditure of -men and money, was completely frustrated.[42] - -More than ten thousand prisoners, including officers of rank, -fifty-two pieces of artillery, and upward of thirty-five thousand -stand of small-arms were captured. The stores and supplies of every -description which fell into our hands were great in amount and value, -but small in comparison with those destroyed by the enemy. His losses -in battle exceeded our own, as attested by the thousands of dead and -wounded left on every field, while his subsequent inaction shows in -what condition the survivors reached the protection of the gunboats. - -In the archive office of the War Department in Washington there are -on file some of the field and monthly returns of the strength of the -Army of Northern Virginia. These are the original papers which were -taken from Richmond. They furnish an accurate statement of the number -of men in that army at the periods named. They were not made public -at the time, as I did not think it to be judicious to inform the -enemy of the numerical weakness of our forces. The following -statements have been taken from those papers by Major Walter H. -Taylor, of the staff of General Lee, who supervised for several years -the preparation of the original returns. - -A statement of the strength of the troops under General Johnston -shows that on May 21, 1862, he had present for duty as follows: - - Smith's division, consisting of the brigades of Whiting, - Hood, Hampton, Hatton, and Pettigrew . . . . . . . . . . . . 10,592 - - Longstreet's division, consisting of the brigades of A. P. - Hill, Pickett, R. H. Anderson, Wilson, Colston, and Pryor . . 13,816 - - Magruder's division, consisting of the brigades of McLaws, - Kershaw, Griffith, Cobb, Toombs, and D. R. Jones . . . . . . 15,680 - - D. H. Hill's division, consisting of the brigades of Early, - Rodes, Raines, Featherston, and the commands of Colonels Ward - and Crump . . . . . . . . . . . . . . . . . . . . . . . . . . 11,151 - - Cavalry brigade . . . . . . . . . . . . . . . . . . . . . . . 1,289 - - Reserve artillery . . . . . . . . . . . . . . . . . . . . . . 1,160 - ------ - Total effective men . . . . . . . . . . . . . . . . . . . . . 53,688 - - -Statement of the Strength of the Army Commanded by General R. E. Lee -on July 20, 1862. - - Department of Northern Virginia . . . . . . . . Present for Duty - and North Carolina Officers Enlisted men - Department of North Carolina . . . . . . . . 722 . . . . 11,509 - Longstreet's division . . . . . . . . . . . . 557 . . . . 7,929 - D. H. Hill's division . . . . . . . . . . . . 550 . . . . 8,998 - McLaws's division . . . . . . . . . . . . . . 514 . . . . 7,188 - A. P. Hill's division . . . . . . . . . . . . 519 . . . . 10,104 - Anderson's division . . . . . . . . . . . . . 357 . . . . 5,760 - D. R. Jones's division . . . . . . . . . . . 213 . . . . 3,500 - Whiting's division . . . . . . . . . . . . . 252 . . . . 3,600 - Stuart's cavalry . . . . . . . . . . . . . . 295 . . . . 3,740 - Pendleton's artillery . . . . . . . . . . . . 103 . . . . 1,716 - Rhett's artillery . . . . . . . . . . . . . . 78 . . . . 1,355 - ----- ------ - Total, including Department of North Carolina 4,160 . . . 65,399 - - -Army of Northern Virginia, September 22, 1862. - Present for Duty - Officers Enlisted men - Longstreet's command . . . . . . . . . . . . 1,410 . . . 19,001 - Jackson's command: - D. H. Hill's division . . . . . . . . . . . 310 . . . . 4,739 - A. P. Hill's division . . . . . . . . . . . 318 . . . . 4,435 - Ewell's division . . . . . . . . . . . . . 280 . . . . 3,144 - Jackson's division . . . . . . . . . . . . 183 . . . . 2,367 - ----- ----- - Total . . . . . . . . . . . . . . . . . . . . 2,501 . . . 33,686 - - -Army of Northern Virginia, September 30, 1862. - Present for Duty - Officers Enlisted men - - Longstreet's command . . . . . . . . . . . . 1,927 . . . 26,489 - Jackson's command . . . . . . . . . . . . . . 1,629 . . . 21,728 - Reserve artillery . . . . . . . . . . . . . . 50 . . . 716 - ----- ------ - Total[43] . . . . . . . . . . . . . . . . . . 3,606 . . . 48,933 - -Major Taylor, in his work,[44] states: - - "In addition to the troops above enumerated as the strength of - General Johnston on May 21, 1862, there were two brigades subject to - his orders then stationed in the vicinity of Hanover Junction, one - under the command of General Branch; they were subsequently - incorporated into the division of General A. P. Hill, and - participated in the battles around Richmond." - -He has no official data by which to determine their numbers, but, -from careful estimates and conference with General Anderson, he -estimates the strength of the two at 4,000 effective. - -Subsequent to the date of the return of the army around Richmond, -heretofore given, but previous to the battle of Seven Pines, General -Johnston was reënforced by General Huger's division of three -brigades. The total strength of these three brigades, according to -the "Reports of the Operations of the Army of Northern Virginia," was -5,008 effectives. Taylor says: - - "If the strength of these five be added to the return of May 21st, we - shall have sixty-two thousand six hundred and ninety-six (62,696) as - the effective strength of the army under General Johnston on May 31, - 1862. - - "Deduct the losses sustained in the battle of Seven Pines as shown by - the official reports of casualties, say 6,084, and we have 56,612 as - the effective strength of the army when General Lee assumed command." - -There have been various attempts made to point out the advantage -which might have been obtained if General Lee, in succeeding to the -command, had renewed on the 1st of June the unfinished battle of the -31st of May; and the representation that he commenced his campaign, -known as the "Seven Days' Battles," only after he had collected a -great army, instead of moving with a force not greatly superior to -that which his predecessor had, has led to the full exposition of all -the facts bearing upon the case. In the "Southern Historical Society -Papers," June, 1876, is published an extract from an address of -Colonel Charles Marshall, secretary and aide-de-camp to General R. E. -Lee, before the Virginia Division of the Army of Northern Virginia. -In it Colonel Marshall quotes General J. E. Johnston as saying: - - "General Lee did not attack the enemy until the 26th of June, because - he was employed from the 1st until then in forming a great army by - bringing to that which I had commanded 15,000 men from North Carolina - under Major-General Holmes, 22,000 men from South Carolina and - Georgia, and above 16,000 men from the 'Valley,' in the divisions of - Jackson and Ewell," etc. - -These numbers added together make 53,000. Colonel Marshall then -proceeds, from official reports, to show that all these numbers were -exaggerated, and that one brigade, spoken of as seven thousand -strong--that of General Drayton--was not known to be in the Army of -Virginia until after the "seven days," and that another brigade, of -which General Johnston admitted he did not know the strength, Colonel -Marshall thought it safer to refer to as the "unknown brigade," -which, he suggests, may have been "a small command under General -Evans, of South Carolina, who did not join the army until after it -moved from Richmond." - -General Holmes's report, made July 15, 1862, states that on the 29th -of June he brought his command to the north side of the James River, -and was joined by General Wise's brigade. With this addition, his -force amounted to 6,000 infantry and six batteries of artillery. -General Ransom's brigade had been transferred from the division of -General Holmes to that of General Huger a short time before General -Holmes was ordered to join General Lee. The brigade of General Branch -had been detached at an earlier period; it was on duty near to -Hanover Junction, and under the command of General J. E. Johnston -before the battle of Seven Pines. These facts are mentioned to -account for the small size of General Holmes's division, which had -been reduced to two brigades. Ripley's brigade on the 26th of June -was reported to have an aggregate force of 2,366, including pioneers -and the ambulance corps. General Lawton's brigade, when moving up -from Georgia to Richmond, was ordered to change direction, and join -General Jackson in the Valley. He subsequently came down with General -Jackson, and reports the force which he led into the battle of Cold -Harbor, on the 27th of June, 1862, as 3,500 men. - -General Lee, after the battle of Seven Pines, had sent two large -brigades under General Whiting to coöperate with General Jackson in -the Valley, and to return with him, according to instructions -furnished. These brigades were in the battle of Seven Pines, and were -counted in the force of the army when General Lee took command of it. -Lawton's Georgia brigade, as has been stated, was diverted from its -destination for a like temporary service, and is accounted for as -reënforcements brought from the south. These three brigades, though -coming with Jackson and Ewell, were not a part of their divisions, -and, if their numbers are made to swell the force which Jackson -brought, they should be elsewhere subtracted. - -General J. A. Early, in the same number of the "Historical Society -Papers," in a letter addressed to General J. E. Johnston, February 4, -1875, makes an exhaustive examination from official reports, and -applies various methods of computation to the question at issue. -Among other facts, he states: - - "Drayton's brigade did not come to Virginia until after the battles - around Richmond. It was composed of the Fifteenth South Carolina and - the Fiftieth and Fifty-first Georgia Regiments and Third South - Carolina Battalion. A part, if not all, of it was engaged in the - fight at Secessionville, South Carolina, on the 16th of June, 1862. - Its first engagement in Virginia was on the Rappahannock, 25th of - August, 1862. After Sharpsburg, it was so small that it was - distributed among some other brigades in Longstreet's corps." - -After minute inquiry, General Early concludes that "the whole command -that came from the Valley, including the artillery, the regiment of -cavalry, and the Maryland regiment and a battery, then known as 'The -Maryland Line,' could not have exceeded 8,000 men." In this, General -Early does not include either Lawton's brigade or the two brigades -with Whiting, and reaches the conclusion that "the whole force -received by General Lee was about 23,000--about 30,000 less than -your estimate." - -Taking the number given by General Early as the entire reënforcement -received by General Lee after the battle of Seven Pines and before -the commencement of the seven days' battles--which those who know -his extreme accuracy and minuteness of inquiry will be quite ready to -do--and deducting from the 23,000 the casualties in the battle of -Seven Pines (6,084), we have 16,916; if to this be added whatever -number of absentees may have joined the army in anticipation of -active operations, a number which I have no means of ascertaining, -the result will be the whole increment to the army with which General -Lee took the offensive against McClellan. - -It appears from the official returns of the Army of the Potomac that -on June 20th General McClellan had present for duty 115,102 men. It -is stated that McClellan reached the James River with "between 85,000 -and 90,000 men," and that his loss in the seven days' battles was -15,249; this would make the army 105,000 strong at the commencement -of the battles.[45] Probably General Dix's corps of 9,277 men, -stationed at Fortress Monroe, is not included in this last statement. - - -[Footnote 42: Reports of Generals Robert E. Lee, Pendleton, A. P. Hill, -Huger, Alexander, and Major W. H. Taylor, in his "Four Years with Lee," -have been drawn upon for the foregoing.] - -[Footnote 43: No report of cavalry] - -[Footnote 44: "Four Years with General Lee."] - -[Footnote 45: Swinton's "History of the Army of the Potomac."] - - - - -CHAPTER XXV. - - Forced Emancipation.--Purposes of the United States Government at - the Commencement of 1862.--Subjugation or Extermination.--The - Willing Aid of United States Congress.--Attempt to legislate the - Subversion of our Social Institutions.--Could adopt any Measure - Self-Defense would justify.--Slavery the Cause of all Troubles, - therefore must be removed.--Statements of President Lincoln's - Inaugural.--Declaration of Sumner.--Abolition Legislation.--The - Power based on Necessity.--Its Formula.--The System of Legislation - devised.--Confiscation.--How permitted by the Law of Nations.-- - Views of Wheaton; of J. Q. Adams; of Secretary Marcy; of - Chief-Justice Marshall.--Nature of Confiscation and Proceedings.-- - Compared with the Acts of the United States Congress.--Provisions of - the Acts.--Five Thousand Millions of Property involved.--Another - Feature of the Act.--Confiscates Property within Reach.--Procedure - against Persons.--Held us as Enemies and Traitors.--Attacked us - with the Instruments of War and Penalties of Municipal Law.-- - Emancipation to be secured.--Remarks of President Lincoln on signing - the Bill.--Remarks of Mr. Adams compared.--Another Alarming - Usurpation of Congress.--Argument for it.--No Limit to the - War-Power of Congress; how maintained.--The Act to emancipate Slaves - in the District of Columbia.--Compensation promised.--Remarks of - President Lincoln.--The Right of Property violated.--Words of the - Constitution.--The Act to prohibit Slavery in the Territories.-The - Act making an Additional Article of War.--All Officers forbidden to - return Fugitives.--Words of the Constitution.--The Powers of the - Constitution unchanged in Peace or War.--The Discharge of Fugitives - commanded in the Confiscation Act.--Words of the Constitution. - - -At the commencement of the year 1862 it was the purpose of the United -States Government to assail us in every manner and at every point and -with every engine of destruction which could be devised. The usual -methods of civilized warfare consist in the destruction of an enemy's -military power and the capture of his capital. These, however, formed -only a small portion of the purposes of our enemy. If peace with -fraternity and equality in the Union, under the Constitution as -interpreted by its framers, had been his aim, this was attainable -without war; but, seeking supremacy at the cost of a revolution in -the entire political structure, involving a subversion of the -Constitution, the subjection of the States, the submission of the -people, and the establishment of a union under the sword, his efforts -were all directed to subjugation or extermination. Thus, while the -Executive was preparing immense armies, iron-clad fleets, and huge -instruments of war, with which to invade our territory and destroy -our citizens, the willing aid of an impatient, enraged Congress was -invoked to usurp new powers, to legislate the subversion of our -social institutions, and to give the form of legality to the plunder -of a frenzied soldiery. - -That body had no sooner assembled than it brought forward the -doctrine that the Government of the United States was engaged in a -struggle for its existence, and could therefore resort to any measure -which a case of self-defense would justify. It pretended not to know -that the only self-defense authorized in the Constitution for the -Government created by it, was by the peaceful method of the -ballot-box; and that, so long as the Government fulfilled the objects -of its creation (see preamble of the Constitution), and exercised its -delegated powers within their prescribed limits, its surest and -strongest defense was to be found in that ballot-box. - -The Congress next declared that our institution of slavery was the -cause of all the troubles of the country, and therefore the whole -power of the Government must be so directed as to remove it. If this -had really been the cause of the troubles, how easily wise and -patriotic statesmen might have furnished a relief. Nearly all the -slaveholding States had withdrawn from the Union, therefore those who -had been suffering vicariously might have welcomed their departure, -as the removal of the cause which disturbed the Union, and have tried -the experiment of separation. Should the trial have brought more -wisdom and a spirit of conciliation to either or both, there might -have arisen, as a result of the experiment, a reconstructed fraternal -Union such as our fathers designed. - -The people of the seceded States had loved the Union. Shoulder to -shoulder with the people of the other States, they had bled for its -liberties and its honor. Their sacrifices in peace had not been less -than those in war, and their attachment had not diminished by what -they had given, nor were they less ready to give in the future. The -concessions they had made for many years and the propositions which -followed secession proved their desire to preserve the peace. - -The authors of the aggressions which had disturbed the harmony of the -Union had lately acquired power on a sectional basis, and were eager -for the spoil of their sectional victory. To conceal their real -motive, and artfully to appeal to the prejudice of foreigners, they -declared that slavery was the cause of the troubles of the country, -and of the "rebellion" which they were engaged in suppressing. In his -inaugural address in March, 1861, President Lincoln said: "I have no -purpose, directly or indirectly, to interfere with the institution of -slavery in the States where it exists. I believe I have no lawful -right to do so, and I have no inclination to do so." The leader -(Sumner) of the Abolition party in Congress, on February 25, 1861, -said in the Senate, "I take this occasion to declare most explicitly -that I do not think that Congress has any right to interfere with -slavery in a State." The principle thus announced had regulated all -the legislation of Congress from the beginning of its first session -in 1789 down to the first session of the Thirty-seventh Congress, -commencing July 4, 1861. - -A few months after the inaugural address above cited and the -announcement of the fact above quoted were made, Congress commenced -to legislate for the abolition of slavery. If it had the power now to -do what it before had not, whence was it derived? There had been no -addition in the interval to the grants in the Constitution; not a -word or letter of that instrument had been changed since the -possession of the power was disclaimed; yet after July 4, 1861, it -was asserted by the majority in Congress that the Government had -power to interfere with slavery in the States. Whence came the -change? The answer is, It was wrought by the same process and on the -same plea that tyranny has ever employed against liberty and -justice--the time-worn excuse of usurpers--necessity; an excuse -which is ever assumed as valid, because the usurper claims to be the -sole judge of his necessity. - -The formula under which it was asserted was as follows: - - "Whereas the laws of the United States have been for some time past - and now are opposed, and the execution thereof obstructed, etc., by - combinations too powerful to be suppressed by the ordinary course of - judicial proceedings," etc. - -Therefore, says the plea of necessity, a new power is this day found -under the Constitution of the United States. This means that certain -circumstances had transpired in a distant portion of the Union, and -the powers of the Constitution had thereby become enlarged. The -inference follows with equal reason that, when the circumstances -cease to exist, the powers of the Constitution will be contracted -again to their normal state; that is, the powers of the Constitution -of the United States are enlarged or contracted according to -circumstances. Mankind can not be surprised at seeing a Government, -administered on such an interpretation of powers, blunder into a -civil war, and approach the throes of dissolution. - -Nevertheless, these views were adopted by the Thirty-seventh Congress -of the United States, and a system of legislation was devised which -embraced the following usurpations: universal emancipation in the -Confederate States through confiscation of private property of all -kinds; prohibition of the extension of slavery to the Territories; -emancipation of slavery in all places under the exclusive control of -the Government of the United States; emancipation with compensation -in the border States and in the District of Columbia; practical -emancipation to follow the progress of the armies; all restraints to -be removed from the slaves, so that they could go free wherever they -pleased, and be fed and clothed, when destitute, at the expense of -the United States, literally to become a "ward of the Government." - -The emancipation of slaves through confiscation in States where the -United States Government had, under the Constitution, no authority to -interfere with slavery, was a problem which the usurpers found it -difficult legally or logically to solve, but these obstacles were -less regarded than the practical difficulty in States where the -Government had no physical power to enforce its edicts. The limited -powers granted in the Constitution to the Government of the United -States were not at all applicable to such designs, or commensurate -with their execution. Now, let us see the little possibility there -was for constitutional liberties and rights to survive, when -intrusted to such unscrupulous hands. - -In Article I, section 8, the Constitution says: - - "The Congress shall have power to declare war, grant letters of - marque and reprisal, and make rules concerning captures on land and - water; to raise and support armies; to provide and maintain a navy; - to make rules for the government and regulation of the land and naval - forces," etc. - -This is the grant of power under which the Government of the United -States makes war upon a foreign nation. If it had not been given in -the Constitution, there would not have been any power under which to -conduct a foreign war, such as that of 1812 against Great Britain or -that of 1846 against Mexico. In such conflicts the nations engaged -recognize each other as separate sovereignties and as public enemies, -and use against each other all the powers granted by the law of -nations. One of these powers is the confiscation of the property of -the enemy. Under the law of nations of modern days this confiscation -is limited in extent, made under a certain form, and for a defined -object. - -For the modern laws of war one must look to the usages of civilized -states and to the publicists who have explained and enforced them. -These usages constitute themselves the laws of war. - -In relation to the capture and confiscation of private property on -land, in addition to what has been said in previous pages, it may be -added that the whole matter has never been better stated than by our -great American publicist, Mr. Wheaton, in these words: - - "By the modern usages of nations, which have now acquired the force - of law, temples of religion, public edifices devoted to civil - purposes only, monuments of art, and repositories of science, are - exempted from the general operations of war. Private property on land - is also exempt from confiscation, with the exception of such as may - become booty in special cases, when taken from enemies in the field - or in besieged towns, and of military contributions levied upon the - inhabitants of the hostile territory. This exemption extends even to - the case of an absolute and unqualified conquest of the enemy's - country,"--("Elements of International Law," p. 421.) - -Mr. John Quincy Adams, in a letter to the Secretary of State, dated -August 22, 1815, says: - - "Our object is the restoration of all the property, including slaves, - which, by the usages of war among civilized nations, ought not to - have been taken. All private property on shore was of that - description. It was entitled by the laws of war to exemption from - capture."--(4 "American State Papers," 116, etc.) - -Again, Mr. William L. Marcy, Secretary of State, in a letter to the -Count de Sartiges, dated July 28, 1856, says: - - "The prevalence of Christianity and the progress of civilization have - greatly mitigated the severity of the ancient mode of prosecuting - hostilities. . . . It is a generally received rule of modern warfare, - so far at least as operations upon land are concerned, that the - persons and effects of non-combatants are to be respected. The wanton - pillage or uncompensated appropriation of individual, property by an - army even in possession of an enemy's country is against the usage of - modern times. Such a proceeding at this day would be condemned by the - enlightened judgment of the world, unless warranted by particular - circumstances." - -The words of the late Chief-Justice Marshall on the capture and -confiscation of private property should not be omitted: - - "It may not be unworthy of remark that it is very unusual, even in - cases of conquest, for the conqueror to do more than displace the - sovereign, and assume dominion over the country. The modern usage of - nations, which has become law, would be violated; that sense of - justice and of right which is acknowledged and felt by the whole - civilized world would be outraged, if private property should be - generally confiscated and private rights annulled. The people change - their allegiance; their relation to their ancient sovereign is - dissolved; but their relations to each other and their rights of - property remain undisturbed."--("United States vs. Percheman," 7 - Peters, 51.) - -The Government of the United States recognized us as under the law of -nations by attempting to use against us one of the powers of that -law. Yet, if we were subject to this power, we were most certainly -entitled to its protection. This was refused. That Government -exercised against us all the severities of the law, and outraged that -sense of justice and of right which is acknowledged and felt by the -whole civilized world by rejecting the observance of its -ameliorations. The act of confiscation is a power exercised under the -laws of war for the purpose of indemnifying the captor for his -expense and losses; and it is upon this basis that it is recognized. -At the same time there is a mode of procedure attached to its -exercise by which it is reserved from the domain of plunder and -devastation. As has been already shown, there are, under the law, -exemptions of certain classes of property. It is further required -that the property subject to confiscation shall be actually captured -and taken possession of. It shall then be adjudicated as prize by a -proper authority, then sold, and the money received must be deposited -in the public Treasury. Such are the conditions attached by the law -of nations to legal confiscation. - -Now, compare these conditions with the act of Congress, that in its -true light the usurpations of that body may be seen. The act of -Congress allowed no exemptions of private property, but confiscated -all the property of every kind belonging to persons residing in the -Confederate States who were engaged in hostilities against the United -States or who were aiding or abetting those engaged in hostilities. -This includes slaves as well as other property. The act provided that -the slaves should go free; that is, they were exempted from capture, -from being adjudicated and sold, and no proceeds of sale were to be -put into the public Treasury. The following sections are from the act -of the United States Congress, passed on August 6, 1861: - - "Section 1. That if, during the present or any future insurrection - against the Government of the United States after the President of - the United States shall have declared by proclamation that the laws - of the United States are opposed and the execution thereof obstructed - by combinations too powerful to be suppressed by the ordinary course - of judicial proceedings or by the power vested in the marshals by - law, any person, or persons, his, her, or their agent, attorney, or - employee shall purchase or acquire, sell or give, any property, of - whatsoever kind or description, with intent to use or employ the - same, or suffer the same to be used or employed in aiding, abetting, - or promoting such insurrection or resistance to the laws, or any - person or persons engaged therein, or if any person or persons, being - the owner or owners of any such property, shall knowingly use or - employ or consent to the use or employment of the same as aforesaid, - all such property is hereby declared to be lawful subject of prize - and capture wherever found; and it shall be the duty of the President - of the United States to cause the same to be seized, confiscated, and - condemned. - - "Section 3. The proceedings in court shall be for the benefit of the - United States and the informer equally. - - "Section 4. That whenever hereafter, during the present insurrection - against the Government of the United States, any person claimed to be - held to labor or service under the law of any State shall be required - or permitted by the person to whom such labor or service is claimed - to be due, or by the lawful agent of such person, to take up arms - against the United States, or shall be required or permitted by the - person to whom such labor or service is claimed to be due, or his - lawful agent, to work or to be employed in or upon any fort, - navy-yard, dock, armory, ship, intrenchment, or in any military or - naval service whatsoever against the Government and lawful authority - of the United States, then, and in every such case, the person to - whom such labor or service is claimed to be due shall forfeit his - claim to such labor, any law of the State or of the United States to - the contrary notwithstanding. And, whenever thereafter the person - claiming such labor or service shall seek to enforce his claim, it - shall be a full and sufficient answer to such claim that the person - whose service or labor is claimed had been employed in hostile - service against the Government of the United States contrary to the - provisions of this act." - -The following sections are from the act of Congress passed on July -17, 1862: - - "Section 6. That if any person, within any State or Territory of the - United States other than those named aforesaid" (Confederate - officers, etc.), "after the passage of this act, being engaged in - armed rebellion against the Government of the United States or aiding - or abetting such rebellion, shall not within sixty days after public - warning and proclamation duly given and made by the President of the - United States, cease to aid, countenance, and abet such rebellion and - return to his allegiance to the United States, all the estate and - property, moneys, stocks, and credits of such person shall be liable - to seizure as aforesaid, and it shall be the duty of the President to - seize and use them as aforesaid, or the proceeds thereof. And all - sales, transfers, or conveyances of any such property, after the - expiration of the said sixty days from the date of such warning and - proclamation, shall be null and void; and it shall be a sufficient - bar to any suit brought by such person for the possession or use of - such property, or any of it, to allege and prove that he is one of - the persons described in this section. - - "Section 7. That to secure the condemnation and sale of any such - property, after the same shall have been seized, so that it may be - made available for the purpose aforesaid, proceedings _in rem_ shall - be instituted in the name of the United States in any district court - thereof, or in any territorial court, or in the United States - District Court for the District of Columbia, within which the - property above described, or any part thereof, may be found, or into - which the same, if movable, may first be brought, which proceedings - shall conform as nearly as may be to proceedings in admiralty or - revenue cases; and if said property, whether real or personal, shall - be found to have belonged to a person engaged in rebellion, or who - has given aid or comfort thereto, the same shall be condemned as - enemy's property and become the property of the United States, and - may be disposed of as the court shall decree, and the proceeds - thereof paid into the Treasury of the United States for the purposes - aforesaid. - - "Section 9. That all slaves of persons who shall hereafter be engaged - in rebellion against the Government of the United States, or who - shall in any way give aid or comfort thereto, escaping from such - persons and taking refuge within the lines of the army; and all - slaves captured from such persons or deserted by them and coming - under the control of the Government of the United States; and all - slaves of such persons found or being within any place occupied by - rebel forces and afterward occupied by the forces of the United - States, shall be deemed captives of war, and shall be for ever free - of their servitude, and not again held as slaves. - - "Section 10. That no slave escaping into any State, Territory, or the - District of Columbia from any other State, shall be delivered up, or - in any way impeded or hindered of his liberty, except for crime or - some offense against the laws, unless the person claiming said - fugitive shall first make oath that the person, to whom the labor or - service of such fugitive is alleged to be due, is his lawful owner, - and has not borne arms against the United States in the present - rebellion, nor in any way given aid and comfort thereto; and no - person engaged in the military and naval service of the United States - shall, under any pretense whatever, assume to decide on the validity - of the claim of any person to the service or labor of any other - person, or surrender up any such person to the claimant, on pain of - being dismissed from the service." - -These above-mentioned proceedings violated all the principles of the -law of nations, without a shadow of authority for it under the -Constitution of the United States. The armies of the United States -were literally authorized to invade the Confederate States, to seize -all property as plunder, and to let the negroes go free. Our -posterity, reading that history, will blush that such facts are on -record. It was estimated on the floor of the House of Representatives -that the aggregate amount of property within our limits subject to be -acted upon by the provisions of this act would affect upward of six -million people, and would deprive them of property of the value of -nearly five thousand million dollars. - -Said Mr. Garrett Davis, of Kentucky: - - "Was there ever, in any country that God's sun ever beamed upon, a - legislative measure involving such an amount of property and such - numbers of property-holders?" - -But this is only one feature of the confiscation act which was -applied to persons who were within the Confederate States, in such a -position that the ordinary process of the United States courts could -not be served upon them. They could be reached only by the armies. -There was another feature equally flagrant and criminal. It was -extended to all that class of persons giving aid and comfort, who -could be found within the United States, or in such position that the -ordinary process of law could be served on them. It was derived from -Article III, section 3, of the Constitution, which says: - - "The Congress shall have the power to declare the punishment of - treason, but no attainder of treason shall work corruption of blood, - or forfeiture, except during the life of the person attainted." - -The mode of procedure against persons under this power was determined -by other clauses of the Constitution. Article III, section 2, -declared that-- - - "The trial of all crimes, except in cases of impeachment, shall be by - jury; and such trial shall be held in the State where the said crimes - shall have been committed." - -In section 3, of the same article, it was provided that-- - - "No person shall be convicted of treason unless on the testimony of - two witnesses to the same overt act, or on confession in open court." - -This feature of the confiscation act, passed by the Congress of the -United States, provided for the punishment of the owner of property, -on the proof of the crime, but excluded the trial by jury, and made -the forfeiture of the property absolute instead of a forfeiture for -life. Heavy fines were imposed, and property was sold in fee. The -property to which the act applied was not a prize under the law of -nations, nor booty, nor contraband of war, nor enforced military -contributions, nor used or employed in the war or in resistance to -the laws. It was private property, outside of the conflict of arms, -and forfeited, not because it was the instrument of offense, but as a -penalty for the assertion of his rights by the owner, which was -imputed to him as a crime. Such proceeding was, in effect, punishment -by the forfeiture of a man's entire estate, real and personal, -without trial by jury, and in utter disregard of the provisions of -the Constitution. It was an attempt to get a man's property, real and -personal, "silver spoons" included, into a prize court, to be tried -by the laws of war. - -It will be seen that we were treated by the Congress of the United -States as holding the twofold relation of enemies and traitors, and -that they used against us all the instruments of war, and all the -penalties of municipal law which made the punishment of treason to be -death. The practical operation, therefore, of these laws was that, -under a Constitution which defined treason to consist in levying war -against the United States, which would not suffer the traitor to be -condemned except by the judgment of his peers, and, when condemned, -would not forfeit his estate except during his life, the Government -of the United States did proceed against six million people, without -indictment, without trial by jury, without the proof of two -witnesses, did adjudge our six millions of people guilty of treason -in levying war, and decree to deprive us of all our estate, real and -personal, for life, and in fee, being nearly five thousand million -dollars. And, after we had been thus punished, without trial by jury, -and by the loss in fee of our whole estate, the Government of the -United States assumed the power, on the same charge of levying war, -to try us and to hang us. - -The first object to be secured by this act of confiscation was the -emancipation of all our slaves. Upon his approval of the bill, -President Lincoln sent a message to Congress, in which he said: - - "It is startling to say that Congress can free a slave within a - State, and yet, if it were said the ownership of the slave had first - been transferred to the nation, and Congress had then liberated him, - the difficulty would at once vanish. And this is the real case. The - traitor against the General Government forfeits his slave at least as - justly as he does any other property; and he forfeits both to the - Government against which he offends. The Government, so far as there - can be ownership, thus owns the forfeited slaves, and the question - for Congress in regard to them is, 'Shall they be made free or sold - to new masters?'" - -It is amazing to see the utter forgetfulness of all constitutional -obligations and the entire disregard of the conditions of the laws of -nations manifested in these words of the President of the United -States. Was he ignorant of their existence, or did he seek to cover -up his violation of them by a deceptive use of language. It may not -be unseasonable to repeat here the words of John Quincy Adams, in his -letter of August 22, 1815, as above stated: - - "Our object is the restoration of all the property, including slaves, - which, by the usages of war among civilized nations, ought not to - have been taken." - -Let posterity answer the questions: Who were the revolutionists? Who -were really destroying the Constitution of the United States? - -The agitation of this subject brought out another still more alarming -usurpation in Congress, and showed that the majority were ready to -throw aside the last fragments of the Constitution in order to secure -our subjugation. The argument for this usurpation was thus framed: -Assuming that the state of the "nation" was one of general hostility, -and that, being so involved, it possessed the power of self-defense, -it was asserted that the supreme power of making and conducting war -was expressly placed in Congress by the Constitution. "The whole -powers of war are vested in Congress."--("United States Supreme -Court, Brown vs. United States," 1 Cranch.) There is no such power in -the judiciary, and the Executive is simply "commander-in-chief of the -army and navy"; all other powers not necessarily implied in the -command of the military and naval forces are expressly given to -Congress. - -The theory was that the contingency of actual hostilities suspended -the Constitution and gave to Congress the sovereign power of a nation -creating new relations and conferring new rights, imposing -extraordinary obligations on the citizens, and subjecting them to -extraordinary penalties. There is, under that view, therefore, no -limit on the power of Congress; it is invested with the absolute -powers of war--the civil functions of the Government are, for the -time being, in abeyance when in conflict, and all State and -"national" authority subordinated to the extreme authority of -Congress, as the supreme power, in the peril of external or internal -hostilities. The ordinary provisions of the Constitution peculiar to -a state of peace, and all laws and municipal regulations, were to -yield to the force of martial law, as resolved by Congress. This was -designated as the "war power" of the United States Government. - -I should deem an apology to be due to my readers, in offering for -their perusal such insane extravagances, under a constitutional -Government of limited powers, had not this doctrine been adopted by -the United States Government, and subsequently made the basis of some -most revolutionary measures for the emancipation of the African -slaves and the enslavement of the free citizens of the South. One -must allow that the Chamber of Deputies of the French National -Assembly of 1798 had some claims to a respectable degree of political -virtue when compared with the Thirty-seventh Congress and the -Executive of the United States. - -The specious argument for this tremendous and sweeping usurpation, -designated as the "war power," as presented by its adherents, may be -stated in a few words, thus: The Constitution confers on Congress all -the specific powers incident to war, and then further authorizes it -"to make all laws which shall be necessary and proper for carrying -into execution the foregoing powers." The words are these: - - "Congress shall have power to declare war; to grant letters of marque - and reprisal; to make rules concerning captures on land and water; to - raise and support armies; to provide and maintain a navy; to make - rules for the government and regulation of the land and naval forces; - to provide for calling forth the militia to execute the laws of the - Union, suppress insurrections, and repel invasion; and to make all - laws which shall be necessary and proper for carrying into execution - the foregoing powers and all other powers vested by this Constitution - in the Government of the United States, or in any department or - officer thereof." [46] - -It will be seen that this unlimited, despotic power was claimed for -Congress in the conduct of the war under the last clause above, viz., -"to make all laws which," etc; whereas no one familiar with the rules -of legal interpretation will seriously contend that the powers of -Congress are one atom greater by the insertion of this provision than -they would have been if it had not appeared in the Constitution. The -delegation of a power gives the incidental means _necessary_ for its -execution. - -Another step in the usurpations begun for the destruction of slavery -was the passage by Congress of an act for the emancipation of slaves -in the District of Columbia. The act emancipated all persons of -African descent held to service within the District, immediately upon -its passage. Those owners of slaves who had not sympathized with us -were allowed ninety days to prepare and present to commissioners, -appointed for that purpose, the names, ages, and personal description -of their slaves, who were to be valued by commissioners. No single -slave could be estimated to be worth more than three hundred dollars. -One million dollars was appropriated to carry the act into effect. -All claims were to be presented within ninety days after the passage -of the act, and not thereafter; but there was no saving clause for -minors, _femmes covert_, insane or absent persons. On his approval of -the act, the Executive of the United States sent a message to -Congress, in which he said: - - "I have never doubted the constitutional authority of Congress to - abolish slavery in the District, and I have ever desired to see the - national capital freed from the institution in some satisfactory way. - Hence there never has been in my mind any questions upon the subject, - except those of expediency, arising in view of all the circumstances." - -For the previous twenty-five or thirty years the subject had again -and again been presented in Congress, and was always rejected. One of -the incidents that led to our withdrawal from the Union was the -apprehension that it was the intention of the United States -Government to violate the constitutional right of each State to adopt -and maintain, to reject or abolish slavery, as it pleased. This step -showed the justness of our apprehensions. - -Among the rights guaranteed to every citizen of the United States, -including the District of Columbia, was the right of property. No one -could be deprived of his property by the Government, except in the -manner prescribed and authorized by the Constitution. Its words are -these: - - "No person shall be deprived of life, liberty, or property without - due process of law; nor shall private property be taken for public - use without just compensation." [47] - -Whenever it was necessary in the administration of affairs that the -Government should take private property for public use, it had the -right to take that private property on the condition of making -compensation for it, and on no other condition. Also, it could not be -taken except for public use, even by making just compensation for it; -nor could it be taken to be destroyed. The simple and sole condition -on which the inviolability of private property could be broken by the -Government itself was, that it was necessary for public use. -Otherwise, there was no constitutional right on the part of the -Government to take the property at all. - -Again, this property, thus necessary, must be taken by due process of -law. The Government had not the right to declare the mode, and -arbitrarily fix the limit of price which should be paid. The negro -could be taken only as other property, even admitting that he could -be taken for emancipation. The due process of law required that the -citizen's property should be appraised judicially. A court must -proceed judicially in every case, summon a jury, appoint -commissioners, and, under the supervision and sanction of the court, -the valuation of the slave by them must proceed as it does in -relation to any other property of the citizen that might be taken by -the lawful exercise of the power of Congress or of the United States -Government. Thus it will be seen that by this usurpation of power the -Constitution was violated, not only by taking private property for -other purposes than for public use, but in the neglect to observe the -due process of law which the Constitution required. - -The next step in the usurpation of power for the destruction of the -right of citizens to hold property in slaves was the passage by -Congress of an act which declared that, after its passage-- - - "There shall be neither slavery nor involuntary servitude in any of - the Territories of the United States now existing, or which may at - any time hereafter be formed or acquired by the United States, - otherwise than in the punishment of crimes," etc. - -The subject had been brought forward at every session of Congress for -a number of years, and was uniformly resisted by the advocates of -equality among the States. We claimed an equal right with the other -States to the occupation and settlement of the Territories which were -the common property of the Union; and that any infringement of this -right was not only a violation of the spirit of the Constitution, but -destructive of that equality of the States so necessary for the -maintenance of their Union. We further claimed our right under this -express provision of the Constitution: - - "The Congress shall have power to dispose of and make all needful - rules and regulations respecting the Territory or other property - belonging to the United States; and nothing in this Constitution - shall be so construed as to prejudice any claims of the United States - or of any particular States." [48] - -The obstinate resistance of the consolidation school to our views was -an evidence of their aggressive purposes, and justified still further -our apprehensions of their intention to violate our constitutional -rights. - -Another step taken to accomplish the emancipation of our slaves was -the passage by Congress of an act making an additional article of war -for the government of the army of the United States. It was in these -words: - - "All officers or persons in the military or naval service of the - United States are prohibited from employing any of the forces under - their respective commands for the purpose of returning fugitives from - service or labor, who may have escaped from any persons to whom such - service or labor is claimed to be due; and any officer who shall be - found guilty by a court-martial of violating this article shall be - dismissed from the service." - -The Constitution of the United States expressly declares that all -such persons - - "Shall be delivered up on claim of the party to whom such service or - labor may be due." [49] - -In this instance Congress passed an act declaring that they shall not -be delivered up on such claim; and, as a penalty for disobedience, -any officer of the army or navy should be dismissed from the service. -Thus an act of Congress directly forbade that which the Constitution -commanded. A more flagrant outrage upon the constitutional obligation -could not be committed. - -But, it may be said, a state of war existed. That does not diminish -the crime of the Congress. The commands of the Constitution are -positive, direct, unchanged, and unrelaxed by circumstances. They are -equally in force in a state of war and in a state of peace. The -powers are delegated, and can not be amended or changed by war or -peace. Its words are these: - - "This Constitution, and the laws of the United States, which shall be - made in pursuance thereof, shall be the supreme law, and the judges - in every State shall be bound thereby, anything in the Constitution - or laws of any State to the contrary notwithstanding. The Senators - and Representatives before mentioned, and the members of the several - State Legislatures, and all executive and judicial officers, both of - the United States and of the several States, shall be bound by oath - or affirmation to support this Constitution." [50] - -It declares itself to be, within its province, the supreme law of the -United States, not merely during the condition of peace, but -continuing through all times and events supreme throughout the Union, -until it should be altered or amended in the manner prescribed. - -Another instance of the like flagrant violation of the Constitution -is to be found in the ninth and tenth sections of the confiscation -act previously referred to. The Constitution of the United States in -Article IV, section 3, says: - - "No person held to service or labor in one State, under the laws - thereof, escaping into another, shall, in consequence of any law or - regulation therein, be discharged from such service or labor." - -It will be seen, by reference to the Constitution, that the first -part of the clause here referred to forbids the discharge of the -fugitive, and the second part commands his delivery to the claimant. -It has just been stated in what manner Congress commanded the claim -for delivery to be repudiated. The "discharge from such service and -labor," in consequence of any State law or regulation, is forbidden. -This is a part of the Constitution, and it is thereby made the duty -of the executive, legislative, and judicial departments of the United -States Government to enforce the prohibition, to make sure that the -fugitive is not discharged by any action of a State. - -Will the friends of constitutional liberty believe our assertion that -these acts, the execution of which it was so expressly made the duty -of the United States Government to prevent, that Government itself -did do in the most explicit and effective manner? The Constitution -forbids the discharge; Congress and the Executive, each, not only -commanded the discharge, but, to make it sure and thorough, forbade -the incipiency of an apprehension--not even permitting the shadow of -an occasion for a discharge. Could human ingenuity devise a method -for a more perfect subversion of a constitutional duty? The -provisions of the act are in these words: - - "All slaves of persons who shall hereafter be engaged in rebellion - against the Government of the United States, or who shall in any way - give aid or comfort thereto, escaping from such persons and taking - refuge within the lines of the army; and all slaves captured from - such persons or deserted by them and coming under the control of the - Government of the United States; and all slaves of such persons found - or being within any place occupied by rebel forces and afterward - occupied by the forces of the United States, shall be deemed captives - of war, and shall be for ever free of their servitude, and not again - held as slaves." - -Again, the next section of the same act says: - - "No slave escaping into any State, Territory, or the District of - Colombia from any other State, shall be delivered up, or in any way - impeded or hindered of his liberty, except for crime or some offense - against the laws, unless the person claiming said fugitive shall - first make oath that the person, to whom the labor or service of such - fugitive is alleged to be due, is his lawful owner, and has not borne - arms against the United States in the present rebellion, nor in any - way given aid and comfort thereto." [51] - -In this connection it is worth while to read again the words of the -Constitution: - - "No person held to service or labor in one State, under the laws - thereof, escaping into another, shall, in consequence of any law or - regulation therein, be discharged from such service or labor, but - shall be delivered up on claim of the party to whom such service or - labor may be due." - -Let it be observed that there is no limitation, no qualification, no -condition whatever attached to this clause of the Constitution. The -words "no person held to service" included every slave in the United -States. In Article I, section 9, and in Article V, are exceptions -suspending the operation of the general provision. But in this -provision there are none, because it was intended there should be -none. The provision was designed to include every slave, and to be in -force under all circumstances. - -Perhaps it may be urged as an objection to this assertion, that the -Confederate States were out of the Union and beyond the protection of -the provisions of the Constitution. This objection can not be -admitted in extenuation of this crime of Congress and the Executive; -for there was, thus far, no act of Congress, nor proclamation of the -President in existence, showing that either of them regarded the -Confederate States in any other position than as States within the -Union, whose citizens were subject to all the penalties contained in -the Constitution, and therefore entitled to the benefit of all its -provisions for their protection. Unhesitatingly it may be said, and -as will be still more apparent farther on in these pages, that all -the conduct of the Confederate States, pertaining to the war, -consisted in just efforts to preserve to themselves and their -posterity rights and protections guaranteed to them in the -Constitution of the United States; and that the actions of the -Federal Government consisted in efforts to subvert those rights, -destroy those protections, and subjugate us to compliance with its -arbitrary will; and that this conduct on their part involved the -subversion of the Constitution and the destruction of the fundamental -principles of liberty. Who is the criminal? Let posterity answer. - - -[Footnote 46: Constitution of the United States, Article I, section 8.] - -[Footnote 47: Constitution of the United States, Article V.] - -[Footnote 48: Constitution of the United States, Article IV, section 3, -clause 2.] - -[Footnote 49: Constitution of the United States, Article IV, section 2.] - -[Footnote 50: Ibid., Article VI.] - -[Footnote 51: Laws of the United States, 1862.] - - - - -CHAPTER XXVI. - - Forced Emancipation concluded.--Emancipation Acts of President - Lincoln.--Emancipation with Compensation proposed to Border - States.--Reasons urged for it.--Its Unconstitutionality.--Order of - General Hunter.--Revoked by President Lincoln.--Reasons.--"The - Pressure" on him.--One Cause of our Secession.--The Time to throw - off the Mask at Hand.--The Necessity that justified the President - and Congress also justified Secession.--Men united in Defense of - Liberty called Traitors.--Conference of President Lincoln with - Senators and Representatives of Border States.--Remarks of Mr. - Lincoln.--Reply of Senators and Representatives.--Failure of the - Proposition.--Three Hundred Thousand more Men called for.-- - Declarations of the Antislavery Press.--Truth of our - Apprehensions.--Reply of President Lincoln.--Another Call for - Men.--Further Declarations of the Antislavery Press.--The Watchword - adopted.--Memorial of So-called Christians to the President.--Reply - of President Lincoln.--Issue of the Preliminary Proclamation of - Emancipation.--Issue of the Final Proclamation.--The Military - Necessity asserted.--The Consummation verbally reached.--Words of - the Declaration of Independence.--Declarations by the United States - Government of what it intended to do.--True Nature of the Party - unveiled.--Declarations of President Lincoln.--Vindication of the - Sagacity of the Southern People.--His Declarations to European - Cabinets.--Object of these Declarations.--Trick of the Fugitive - Thief.--The Boast of Mr. Lincoln calmly considered. - - -The attention of the reader is now invited to a series of usurpations -in which the President of the United States was the principal actor. -On March 6, 1862, he began a direct and unconstitutional interference -with slavery by sending a message to Congress recommending the -adoption of a resolution which should declare that the United States -ought to coöperate with any State which might adopt the gradual -abolition of slavery, giving to such State pecuniary aid, to be used -by such State in its discretion, to compensate for the inconvenience, -public and private, produced by such change of system. The reason -given for the recommendation of the adoption of the resolution was -that the United States Government would find its highest interest in -such a measure as one of the most important means of self-preservation. -He said, in explanation, that "the leaders of the existing rebellion -entertain the hope that this Government will ultimately be forced to -acknowledge the independence of some part of the disaffected region, -and that all the slave States north of such part will then say, 'The -Union for which we have struggled being already gone, we now choose to -go with the Southern section.' To deprive them of this hope -substantially ends the rebellion, and the initiation of emancipation -deprives them of it and of all the States initiating it." - -When it was asked where the power was found in the Constitution to -appropriate the money of the people to carry out the purposes of the -resolution, it was replied that the legislative department of the -Government was competent, under these words in the preamble of the -Constitution, "to provide for the general welfare," to do anything -and everything which could be considered as promoting the general -welfare. It was further said that this measure was to be consummated -under the war power; that whatever was necessary to carry on the war -to a successful conclusion might be done without restraint under the -authority, not of the Constitution, but as a military necessity. It -was further said that the President of the United States had thus far -failed to meet the just expectations of the party which elected him -to the office he held; and that his friends were to be comforted by -the resolution and the message, while the people of the border slave -States could not fail to observe that with the comfort to the North -there was mingled an awful warning to them. It was denied by the -President that it was an interference with slavery in the States. It -was an artful scheme to awaken a controversy in the slave States, and -to commence the work of emancipation by holding out pecuniary aid as -an inducement. In every previous declaration the President had said -that he did not contemplate any interference with domestic slavery -within the States. The resolution was passed by large majorities in -each House. - -This proposition of President Lincoln was wholly unconstitutional, -because it attempted to do what was expressly forbidden by the -Constitution. It proposed a contract between the State of Missouri -and the Government of the United States which, in the language of the -act, shall be "irrepealable without the consent of the United -States." The words of the Constitution are as follows: - - "No State shall enter into any treaty, alliance, or confederation, - grant letters of marque and reprisal, coin money, etc." [52] - -This is a prohibition not only upon the power of one State to enter -into a compact, alliance, confederation, or agreement with another -State, but also with the Government of the United States. - -Again, if the State of Missouri could enter into an irrepealable -agreement or compact with the United States, that slavery should not -therein exist after the acceptance on the part of Missouri of the -act, then it would be an agreement on the part of that State to -surrender its sovereignty and make the State unequal in its rights of -sovereignty with the other States of the Union. The other States -would have the complete right of sovereignty over their domestic -institutions while the State of Missouri would cease to have such -right. The whole system of the United States Government would be -abrogated by such legislation. Again, it is a cardinal principle of -the system that the people in their sovereign capacity may, from time -to time, change and alter their organic law; and a provision -incorporated in the Constitution of Missouri that slavery should -never thereafter exist in that State could not prevent a future -sovereign convention of its people from reestablishing slavery within -its limits. - -It will be observed, from what has been said in the preceding pages, -that the usurpations by the Government of the United States, both by -the legislative and executive departments, had not only been -tolerated but approved. Feeling itself, therefore, fortified in its -unlimited power from "necessity," the wheels of the revolution were -now to move with accelerated velocity in their destructive work. -Accordingly, a manifesto soon comes from the Executive on universal -emancipation. On April 25, 1862, the United States Major-General -Hunter, occupying a position at Hilton Head, South Carolina, issued -an order declaring the States of Georgia, Florida, and South Carolina -under martial law. On May 9th the same officer issued another order, -declaring "the persons held as slaves in those States to be for ever -free." The Executive of the United States, on May 19th, issued a -proclamation declaring the order to be void, and said: - - "I further make known that, whether it be competent for me as - commander-in-chief of the army and navy to declare the slaves of any - State or States free, and whether at any time or in any case it shall - have become a necessity indispensable to the maintenance of the - Government to examine such supposed power, are questions which, under - my responsibility, I reserve to myself, and which I can not feel - justified in leaving to the decision of commanders in the field." - -Speaking of this order of Major-General Hunter soon afterward, -President Lincoln, in remarks on July 12, 1862, to the border States -Representatives, said: - - "In repudiating it, I gave dissatisfaction, if not offense, to many - whose support the country can not afford to lose. And this is not the - end of it. The pressure in this direction is still upon me, and is - increasing." - -This pressure consisted in the demand of his extreme partisans that -the whole authority of the Government should be exerted for the -immediate and universal emancipation of the slaves. - -By a reference to the statement of the causes of our withdrawal from -the Union of the United States, it will be seen that one of them -consisted in the conviction that the newly elected officers of the -Government would wield its powers for the destruction of the -institutions of the Southern States. The facts already related in -these pages furnish ample proofs of the justice and accuracy of this -conviction. - -The time was now close at hand when the mask was to be thrown off, -and, at a single dash of the pen, four hundred millions of our -property was to be annihilated, the whole social fabric of the -Southern States disrupted, all branches of industry to be -disarranged, good order to be destroyed, and a flood of evils many -times greater than the loss of property to be inflicted upon the -people of the South, thus consummating the series of aggressions -which had been inflicted for more than thirty years. All -constitutional protections were to be withdrawn, and the powers of a -common government, created for common and equal protection to the -interests of all, were to be arrayed for the destruction of our -institutions. The President of the United States says: "This is not -the end. The pressure in this direction is still upon me, and is -increasing." How easy it would have been for the Northern people, by -a simple, honest obedience to the provisions of the Constitution, to -have avoided the commission of all these crimes and horrors! For the -law which demands obedience to itself guarantees in return life and -safety. It is not necessary to ask again where the President of the -United States or the Congress found authority for their usurpations. -But it should be remembered that, if the necessity which they pleaded -was an argument to justify their violations of all the provisions of -the Constitution, the existence of such a necessity on their part was -a sufficient argument to justify our withdrawal from union with them. -If necessity on their part justified a violation of the Constitution, -necessity on our part justified secession from them. If the -preservation of the existence of the Union by coercion of the States -was an argument to justify these violent usurpations by the United -States Government, it was still more forcibly an argument to justify -our separation and resistance to invasion; for we were struggling for -our natural rights, but the Government of the United States has no -natural rights. - -How can a people who glory in a Declaration of Independence which -broke the slumbers of a world declare that men united in defense of -liberty, property, and the pursuit of happiness are "traitors"? Is it -henceforth to be a dictum of humanity that man may no more take up -arms in defense of rights, liberty, and property? Shall it never -again in the course of human events become lawful "for one people to -dissolve the political bands which have connected them with another, -and to assume among the powers of the earth the separate and equal -station to which the laws of nature and of nature's God entitle -them"? Is the highwayman, henceforth, to be the lord of the highway, -and the poor, plundered traveler to have no property which he may -defend at the risk of the life of the highwayman? - -On July 12, 1862, the President of the United States, persistent in -his determination to destroy the institution of slavery, invited the -Senators and Representatives of the border slaveholding States to the -Executive Mansion, and addressed them on emancipation in their -respective States. He said: - - "I intend no reproach or complaint when I assure you that, in my - opinion, if you all had voted for the resolution in the gradual - emancipation message of last March, the war would now be - substantially ended. And the plan therein proposed is yet one of the - most potent and swift means of ending it. Let the States which are in - rebellion see definitely and certainly that in no event will the - States you represent ever join their proposed confederacy, and they - can not much longer maintain the contest. But you can not divest them - of their hope to ultimately have you with them so long as you show a - determination to perpetuate the institution within your own States. - Beat them at elections as you have overwhelmingly done, and, nothing - daunted, they still claim you as their own. You and I know what the - lever of their power is. Break that lever before their faces, and - they can shake you no more for ever." - -He further said that the incidents of the war might extinguish the -institution in their States, and added: - - "How much better for you as seller and the nation as buyer to sell - out and buy out that without which the war could never have been, - than to sink both the thing to be sold and the price of it in cutting - one another's throats!" - -The reply of the majority, consisting of twenty of the twenty-nine -Senators and Representatives, subsequently made to the President, is -worthy of notice. They said that they were not of the belief that -funds would be provided for the object, or that their constituents -would reap the fruits of the promise held out, and added: - - "The right to hold slaves is a right appertaining to all the States - of the Union. They have the right to cherish or abolish the - institution, as their tastes or their interests may prompt, and no - one is authorized to question the right, or limit its enjoyment. And - no one has more clearly affirmed that right than you have. Your - inaugural address does you great honor in this respect, and inspired - the country with confidence in your fairness and respect for law." - -After asserting that a large portion of our people were fighting -because they believed the Administration was hostile to their rights, -and was making war on their domestic institutions, they further said: - - "Remove their apprehensions; satisfy them that no harm is intended to - them and their institutions; that this Government is not making war - on their rights of property, but is simply defending its legitimate - authority, and they will gladly return to their allegiance." - -This measure of emancipation with compensation soon proved a failure. -A proposition to appropriate five hundred thousand dollars to the -object was voted down in the United States Senate with great -unanimity. The Government was, step by step, "educating the people" -up to a proclamation of emancipation, so as to make entire abolition -one of the positive and declared issues of the contest. - -The so-called pressure upon the President was now organized for a -final onset. The Governors of fifteen States united in a request that -three hundred thousand more men should be called out to fill up the -reduced ranks, and it was done. The anti-slavery press then entered -the arena. Charges were made against the President, in the name of - - "Twenty millions of people, that a groat proportion of those who - triumphed in his election were sorely disappointed and deeply pained - by the policy he seemed to be pursuing with regard to the slaves of - the rebels." - -This is a simple statement of the progress of events, and it shows to -the world how well founded were our apprehensions, at the hour of its -election, that the Administration intended the destruction of our -property and community independence. They further said: - - "You are strangely and disastrously remiss in the discharge of your - official and imperative duty with regard to the emancipation - provisions of the new confiscation act." - -They further boldly added: - - "We complain that the Union cause has suffered, and is now suffering, - immensely from mistaken deference to rebel slavery. Had you, sir, in - your inaugural address, unmistakably given notice that, in case the - rebellion already commenced was persisted in, and your efforts to - preserve the Union and enforce the laws should be resisted by armed - force, you would recognize no loyal person as rightfully held in - slavery by a traitor, we believe the rebellion would therein have - received a staggering if not fatal blow." - -The President replied at length, saying: - - "I shall do less whenever I shall believe what I am doing hurts the - cause, and I shall do more whenever I shall believe doing more will - help the cause. I shall try to correct errors when shown to be - errors; and I shall adopt new views so fast as they shall appear to - be true views. I have here stated my purpose according to my view of - official duty; and I intend no modification of my oft-expressed - personal wish that all men everywhere could be free." - -The education of the conservative portion of the Northern people up -to emancipation was becoming more complete every day, notwithstanding -the professed reluctance of the President. Another call for three -hundred thousand men was made, but enlistments were slow, so that -threats of a draft and most liberal bounties were required. The -champions of emancipation sought to derive an advantage from this -circumstance. They asserted that the reluctance of the people to -enter the army was caused by the policy of the Government in not -adopting bold emancipation measures. If such were adopted, the -streets and by-ways would be crowded with volunteers to fight for the -freedom of the "loyal blacks," and thrice three hundred thousand -could be easily obtained. They said that slavery in the seceded -States should be treated as a military question; it contributed -nearly all the subsistence which supported the Southern men in arms, -dug their trenches, and built their fortifications. The watchword -which they now adopted was, "The abolition of slavery by the force of -arms for the sake of the Union." - -Meantime, on September 13th, a delegation from the so-called -"Christians" in Chicago, Illinois, presented to President Lincoln a -memorial, requesting him to issue a proclamation of emancipation, and -urged in its favor such reasons as occurred to their minds. President -Lincoln replied: - - "What good would a proclamation of emancipation from me do, - especially as we are now situated? I do not want to issue a document - that the whole world would see must necessarily be inoperative, like - the Pope's bull against the comet. Would my word free the slaves, - when I can not even enforce the Constitution in the rebel States? Is - there a single court, or magistrate, or individual that would be - influenced by it there? And what reason is there to think it would - have any greater effect upon the slaves than the late law of Congress - which I approved, and which offers protection and freedom to the - slaves of rebel masters who come within our lines? Yet I can not - learn that that law has caused a single slave to come over to us. And - suppose they could be induced by a proclamation of freedom from me to - throw themselves upon us, what should we do with them? How can we - feed and care for such a multitude? . . . - - "If, now, the pressure of the war should call off our forces from New - Orleans to defend some other point, what is to prevent the masters - from reducing the blacks to slavery again? . . . Now, then, tell me, - if you please, what possible result of good would follow the issuing - of such a proclamation as you desire? I have not decided against a - proclamation of liberty to the slaves, but hold the matter under - advisement." - -Nine days after these remarks were made--on September 22, 1862--the -preliminary proclamation of emancipation was issued by the President -of the United States. It declared that at the next session of -Congress the proposition for emancipation in the border slaveholding -States would be again recommended, and that on January 1, 1863-- - - "All persons held as slaves within any State or designated part of a - State, the people whereof shall then be in rebellion against the - United States, shall be then, thenceforward, and for ever free; and - the Executive Government of the United States, including the military - and naval authority thereof, will recognize and maintain the freedom - of such persons, and will do no act or acts to repress such persons, - or any of them, in any efforts they may make for their actual - freedom." - -Also, all persons engaged in the military and naval service were -ordered to obey and enforce the article of war and the sections of -the confiscation act before mentioned. On January 1, 1863, another -proclamation was issued by the President of the United States -declaring the emancipation to be absolute within the Confederate -States, with the exception of a few districts. The closing words of -the proclamation were these: - - "And upon this act, sincerely believed to be an act of justice, - warranted by the Constitution upon military necessity, I invoke the - considerate judgment of mankind and the gracious favor of Almighty - God." - -Let us test the existence of the military necessity here spoken of by -a few facts. The white male population of the Northern States was -then 13,690,364. The white male population of the Confederate States -was 5,449,463. The number of troops which the United States had -called into the field exceeded one million men. The number of troops -which the Confederate Government had then in the field was less than -four hundred thousand men. The United States Government had a navy -which was only third in rank in the world. The Confederate Government -had a navy which at that time consisted of a single small ship on the -ocean. The people of the United States had a commerce afloat all over -the world. The people of the Confederate States had not a single port -open to commerce. The people of the United States were the rivals of -the greatest nations in all kinds of manufactures. The people of the -Confederate States had few manufactures, and those were of articles -of inferior importance. The Government of the United States possessed -the Treasury of a Union of eighty years with its vast resources. The -Confederate States had to create a Treasury by the development of -financial resources. The ambassadors and representatives of the -former were welcomed at every court in the world. The representatives -of the latter were not recognized anywhere. - -Thus the consummation of the original antislavery purposes was -verbally reached; but even that achievement was attended with -disunion, bloodshed, and war. In the words of the Declaration of -Independence: - - "We hold these truths to be self-evident, that, whenever any form of - government becomes destructive of these ends" (life, liberty, and the - pursuit of happiness), "it is the right of the people to alter or to - abolish it, and to institute a new government, laying its foundation - on such principles, and organizing its powers in such form, as to - them shall seem most likely to effect their safety and happiness. . . . - When a long train of abuses and usurpations, pursuing invariably - the same object, evinces a design to reduce them under absolute - despotism, it is their right, it is their duty, to throw off such - government, and to provide new guards for their future security." - -It is thus seen what the United States Government did, and our view -of this subject would not be complete if we should omit to present -their solemn declarations of that which they intended to do. In his -proclamation of April 15, 1861, calling for seventy-five thousand -men, the President of the United States Government said: - - "In any event, the utmost care will be observed, consistently with - the objects aforesaid, to avoid any devastation, any destruction of - or interference with property, or any disturbance of peaceful - citizens in any part of the country." - -On the 22d of July, 1861, Congress passed a resolution relative to -the war, from which the following is an extract: - - "That this war is not waged on our part in any spirit of oppression, - or for any purpose of conquest or subjugation, or purpose of - overthrowing or interfering with the rights or established - institutions of those [Confederate] States; but to defend and - maintain the supremacy of the Constitution, and to preserve the Union - with all the dignity, equality, and rights of the several States - unimpaired; and that, as soon as these objects are accomplished, the - war ought to cease." - -The vote in favor of the resolution was: in the Senate, yeas 30, nays -4; in the House of Representatives, yeas 117, nays 2. - -It may further be observed that these proclamations cited above -afforded to our whole people the complete and crowning proof of the -true nature of the designs of the party which elevated to power the -person then occupying the Presidential chair at Washington, and which -sought to conceal its purposes by every variety of artful device and -by the perfidious use of the most solemn and repeated pledges on -every possible occasion. A single example may be cited from the -declaration made by President Lincoln, under the solemnity of his -oath as Chief Magistrate of the United States, on March 4, 1861: - - "Apprehension seems to exist among the people of the Southern States - that, by the accession of a Republican Administration, their property - and their peace and personal security are to be endangered. There has - never been any reasonable cause for such apprehensions. Indeed, the - most ample evidence to the contrary has all the while existed and - been open to their inspection. It is found in nearly all the public - speeches of him who now addresses you. I do but quote from one of - those speeches when I declare that I have no purpose, directly or - indirectly, to interfere with the institution of slavery in the - States where it exists. I believe I have no lawful right to do so, - and I have no inclination to do so. Those who nominated and elected - me did so with full knowledge that I had made this and many similar - declarations, and had never recanted them. And more than this, they - placed in the platform for my acceptance, and as a law to themselves - and to me, the clear and emphatic resolution which I now read: - - "_Resolved_, That the maintenance inviolate of the rights of the - States, and especially the right of each State to order and control - its own domestic institutions according to its own judgment - exclusively, is essential to that balance of power on which the - perfection and endurance of our political fabric depend, and we - denounce the lawless invasion by armed force of the soil of any State - or Territory, no matter under what pretext, as among the gravest - crimes." - -Nor was this declaration of the want of power or disposition to -interfere with our social system confined to a state of peace. Both -before and after the actual commencement of hostilities, the -Executive of the United States repeated in formal official -communications to the Cabinets of Great Britain and France, that it -was utterly without constitutional power to do the act which it -subsequently committed, and that in no possible event, whether the -secession of these States resulted in the establishment of a separate -Confederacy or in the restoration of the Union, was there any -authority by virtue of which it could either restore a disaffected -State to the Union by force of arms, or make any change in any of its -institutions. I refer especially for the verification of this -assertion to the dispatches addressed by the Secretary of State of -the United States, under direction of the President, to the Ministers -of the United States at London and Paris, under date of the 10th and -22d of April, 1861. - -This proclamation was therefore received by the people of the -Confederate States as the fullest vindication of their own sagacity -in foreseeing the uses to which the dominant party in the United -States intended from the beginning to apply their power. - -For what honest purpose were these declarations made? They could -deceive no one who was familiar with the powers and duties of the -Federal Government; they were uttered in the season of invasion of -the Southern States, to coerce them to obedience to the agent -established by the compact between the States, for the purpose of -securing domestic tranquillity and the blessings of liberty. The -power to coerce States was not given, and the proposition to make -that grant received no favor in the Convention which formed the -Constitution; and it is seen by the proceedings in the States, when -the Constitution was submitted to each of them for their ratification -or rejection as they might choose, that a proposition which would -have enabled the General Government, by force of arms, to control the -will of a State, would have been fatal to any effort to make a more -perfect Union. Such declarations as those cited from the diplomatic -correspondence, though devoid of credibility at home, might avail in -foreign countries to conceal from their governments the real purpose -of the action of the majority. Meanwhile, the people of the -Confederacy plainly saw that the ideas and interests of the -Administration were to gain by war the empire that would enable it to -trample on the Constitution which it professed to defend and maintain. - -It was by the slow and barely visible approaches of the serpent -seeking its prey that the aggressions and usurpations of the United -States Government moved on to the crimes against the law of the -Union, the usages of war among civilized nations, the dictates of -humanity and the requirements of justice, which have been recited. -The performance of this task has been painful, but persistent and -widespread misrepresentation of the cause and conduct of the South -required the exposure of her slanderer. To unmask the hypocrisy of -claiming devotion to the Constitution, while violating its letter and -spirit for a purpose palpably hostile to it, was needful for the -defense of the South. In the future progress of this work it will be -seen how often we have been charged with the very offenses committed -by our enemy--offenses of which the South was entirely innocent, and -of which a chivalrous people would be incapable. There was in this -the old trick of the fugitive thief who cries "Stop thief!" as he -runs. - -In his message to Congress one year later, on December 8, 1863, the -President of the United States thus boasts of his proclamation: - - "The preliminary emancipation proclamation, issued in September, was - running its assigned period to the beginning of the new year. A month - later the final proclamation came, including the announcement that - colored men of suitable condition would be received into the war - service. The policy of emancipation and of employing black soldiers - gave to the future a new aspect, about which hope and fear and doubt - contended in uncertain conflict. According to our political system, - as a matter of civil administration, the General Government had no - lawful power to effect emancipation in any State, and for a long time - it had been hoped that the rebellion could be suppressed without - resorting to it as a military measure. . . . Of those who were slaves - at the beginning of the rebellion, full one hundred thousand are now - in the United States military service, about one half of which number - actually bear arms in the ranks, thus giving the double advantage of - taking so much labor from the insurgent cause, and supplying the - places which otherwise must be filled with so many white men. So far - as tested, it is difficult to say they are not as good soldiers as - any." - -Let the reader pause for a moment and look calmly at the facts -presented in this statement. The forefathers of these negro soldiers -were gathered from the torrid plains and malarial swamps of -inhospitable Africa. Generally they were born the slaves of barbarian -masters, untaught in all the useful arts and occupations, reared in -heathen darkness, and, sold by heathen masters, they were transferred -to shores enlightened by the rays of Christianity. There, put to -servitude, they were trained in the gentle arts of peace and order -and civilization; they increased from a few unprofitable savages to -millions of efficient Christian laborers. Their servile instincts -rendered them contented with their lot, and their patient toil -blessed the land of their abode with unmeasured riches. Their strong -local and personal attachment secured faithful service to those to -whom their service or labor was due. A strong mutual affection was -the natural result of this life-long relation, a feeling best if not -only understood by those who have grown from childhood under its -influence. Never was there happier dependence of labor and capital on -each other. The tempter came, like the serpent in Eden, and decoyed -them with the magic word of "freedom." Too many were allured by the -uncomprehended and unfulfilled promises, until the highways of these -wanderers were marked by corpses of infants and the aged. He put arms -in their hands, and trained their humble but emotional natures to -deeds of violence and bloodshed, and sent them out to devastate their -benefactors. What does he boastingly announce?--"It is difficult to -say they are not as good soldiers as any." Ask the bereaved mother, -the desolate widow, the sonless aged sire, to whom the bitter cup was -presented by those once of their own household. With double anguish -they speak of its bitterness. What does the President of the United -States further say?--"According to our political system, as a matter -of civil administration, the General Government had no lawful power -to effect emancipation in any State." And further on, as if with a -triumphant gladness, he adds, "Thus giving the double advantage of -taking so much labor from the insurgent cause, and supplying the -places which otherwise must be filled with so many white men." A rare -mixture of malfeasance with traffic in human life! It is submitted to -the judgment of a Christian people how well such a boast befits the -President of the United States, a federation of sovereigns under a -voluntary compact for specific purposes. - - -[Footnote 52: Article I, section 10.] - - - - -CHAPTER XXVII. - - Naval Affairs.--Organization of the Navy Department.--Two Classes - of Vessels.--Experiments for Floating Batteries and Rams.--The - Norfolk Navy-Yard.--Abandonment by the Enemy.--The Merrimac - Frigate made an Ironclad.--Officers.--Trial-Trip.--Fleet of the - Enemy.--Captain Buchanan.--Resolves to attack the Enemy.--Sinks - the Cumberland.--Burns the Congress.--Wounded.--Executive Officer - Jones takes Command.--Retires for the Night.--Appearance of the - Monitor.--The Virginia attacks her.--She retires to Shoal Water.-- - Refuses to come out.--Cheers of English Man-of-war.--Importance of - the Navy-Yard.--Order of General Johnston to evacuate.--Stores - saved.--The Virginia burned.--Harbor Defenses at Wilmington.-- - Harbor Defenses at Charleston.--Fights in the Harbor.--Defenses of - Savannah.--Mobile Harbor and Capture of its Defenses.--The System - of Torpedoes adopted.--Statement of the Enemy.--Sub-terra Shells - placed in James River.--How made.--Used in Charleston Harbor; in - Roanoke River; in Mobile Harbor.--The Tecumseh, how destroyed. - - -The organization of the Navy Department comprised under its general -supervision a bureau of orders and details, one of ordnance and -hydrography, one of provisions and clothing, and one of medicine and -surgery. The grades of officers consisted of admirals, captains, -commanders, surgeons, lieutenants, and midshipmen. Of the officers at -the close of the first year there were one admiral, twelve captains, -thirty commanders, and one hundred and twelve first and second -lieutenants. All of the principal officers had belonged to the United -States Navy. Owing to the limited number of vessels afloat, many of -these officers were employed on shore-duties. - -The vessels of the navy may be reduced to two classes: those intended -for river and harbor defense, as ironclads, rams, floating batteries, -or river-steamboats transformed into gunboats; and sea-going steamers -of moderate size, some of them of great speed, but, not having been -designed for war purposes, were all unsuited for a powerful armament, -and could not be expected to contend successfully with ships of war. - -Early in 1861 discussions and experiments were instituted by the Navy -Department to determine how floating batteries and naval rams could -be best constructed and protected by iron plates. Many persons had -submitted plans, according to which cotton-bales might be effectively -used as a shield against shot. Our deficiency in iron, and also in -rolling-mills to prepare it into plates, caused cotton to be -sometimes so employed; though the experiments had satisfied the Navy -Department that, instead of cotton being rendered impenetrable by -compression, it was really less so than in looser condition, and that -iron must needs be of great thickness to resist the direct impact of -heavy shot at short ranges. An officer of the navy, as skillful in -ordnance as he was in seamanship, and endowed with high capacity for -the investigation of new problems--Lieutenant Catesby Ap R. Jones-- -had conducted many of these experiments, and, as will be seen -hereafter, made efficient use of his knowledge both in construction -and in battle. - -After Virginia had seceded from the United States, but before she had -acceded to the Confederate States--viz., on the 19th of April, -1861--General Taliaferro, in command of Virginia forces, arrived at -Norfolk. Commodore McCauley, United States Navy, and commandant of -the navy-yard, held a conference with General Taliaferro, the result -of which was "that none of the vessels should be removed, nor a shot -fired except in self-defense." The excitement which had existed in -the town was quieted by the announcement of this arrangement; but it -was soon ascertained that the Germantown and Merrimac, frigates in -the port, had been scuttled, and the former otherwise injured. About -midnight, as elsewhere stated, a fire was started in the navy-yard, -which continued to increase, involving the destruction of the -ship-houses, a ship of the line, and the unfinished frame of another; -several frigates, in addition to those mentioned, had been scuttled -and sunk; and other property destroyed, to an amount estimated at -several million dollars. The Pawnee, which arrived on the 19th, had -been kept under steam, and, taking the Cumberland in tow, retired -down the harbor, freighted with a great portion of valuable munitions -and the commodore and other officers of the yard.[53] In the haste -and secrecy of the conflagration, a large amount of material remained -uninjured. The Merrimac, a beautiful frigate, in the yard for -repairs, was raised by the Virginians, and the work immediately -commenced, on a plan devised by Lieutenant Brooke, Confederate States -Navy, to convert her hull, with such means as were available, into an -iron-clad vessel. Two-inch plates were prepared, and she was covered -with a double-inclined roof of four inches thickness. This armor, -though not sufficiently thick to resist direct shot, sufficed to -protect against a glancing ball, and was as heavy as was consistent -with the handling of the ship. The shield was defective in not -covering the sides sufficiently below the water-line, and the prow -was unfortunately made of cast-iron; but, when all the difficulties -by which we were surrounded are remembered, and the service rendered -by this floating battery considered, the only wonder must be that so -much was so well done under the circumstances. - -Her armament consisted of ten guns, four single-banded Brooke rifles, -and six nine-inch Dahlgren shell-guns. Two of the rifles, bow and -stern pivots, were seven inch; the other two were six and four tenths -inch, one on each broadside. The nine-inch gun on each side, nearest -the furnaces, was fitted for firing hot shot. The work of -construction was prosecuted with all haste, the armament and crew -were put on board, and the vessel started on her trial-trip as soon -as the workmen were discharged. She was our first ironclad; her model -was an experiment, and many doubted its success. Her commander, -Captain (afterward Admiral) Franklin Buchanan, with the wisdom of age -and the experience of sea-service from his boyhood, combined the -daring and enterprise of youth, and with him was Lieutenant Catesby -Ap R. Jones, who had been specially in charge of the battery, and -otherwise thoroughly acquainted with the ship. His high -qualifications as an ordnance officer were well known in the "old -navy," and he was soon to exhibit a like ability as a seaman in -battle. - -Now the first Confederate ironclad was afloat, the Stars and Bars -were given to the breeze, and she was new-christened "the Virginia." -She was joined by the Patrick Henry, six guns, Commander John R. -Tucker; the Jamestown, two guns. Lieutenant-commanding John N. -Barney; the Beaufort, one gun, Lieutenant-commanding W. H. Parker; -the Raleigh, one gun, Lieutenant-commanding J. W. Alexander; the -Teaser, one gun, Lieutenant-commanding W. A. Webb. - -The enemy's fleet in Hampton Roads consisted of the Cumberland, -twenty-four guns; Congress, fifty guns; St. Lawrence, fifty guns; -steam-frigates Minnesota and Roanoke, forty guns each. The relative -force was as twenty-one guns to two hundred and four, not counting -the small steamers of the enemy, though they had heavier armament -than the small vessels of our fleet, which have been enumerated. The -Cumberland and the Congress lay off Newport News; the other vessels -were anchored about nine miles eastward, near to Fortress Monroe. -Strong shore-batteries and several small steamers, armed with heavy -rifled guns, protected the frigates Cumberland and Congress. - -Buchanan no doubt felt the inspiration of a sailor when his vessel -bears him from the land, and the excitement of a hero at the prospect -of battle, and thus we may understand why the trial-trip was at once -converted into a determined attack upon the enemy. After the plan of -the Virginia had been decided upon, the work of her construction was -pushed with all possible haste. Her armament was on board, and she -was taken out of the dock while the workmen were still employed upon -her--indeed, the last of them were put ashore after she was started -on her first experimental trip. Few men, conscious as Flag-officer -Buchanan was of the defects of his vessel, would have dared such -unequal conflict. Slowly--about five knots an hour--he steamed down -to the roads. The Cumberland and Congress, seeing the Virginia -approach, prepared for action, and, from the flag-ship Roanoke, -signals were given to the Minnesota and St. Lawrence to advance. The -Cumberland had swung so as to give her full broadside to the -Virginia, which silently and without any exhibition of her crew, -moved steadily forward. The shot from the Cumberland fell thick upon -her plated roof, but rebounded harmless as hailstones. At last the -prow of the Virginia struck the Cumberland just forward of her -starboard fore-chains. A dull, heavy thud was heard, but so little -force was given to the Virginia that the engineer hesitated about -backing her. It was soon seen, however, that a gaping breach had been -made in the Cumberland, and that the sea was rushing madly in. She -reeled, and, while the waves ingulfed her, her crew gallantly stood -to their guns and vainly continued their fire. She went down in nine -fathoms of water, and with at least one hundred of her gallant crew, -her pennant still flying from her mast-head. - -The Virginia then ran up stream a short distance, in order to turn -and have sufficient space to get headway, and come down on the -Congress. The enemy, supposing that she had retired at the sight of -the vessels approaching to attack her, cheered loudly, both ashore -and afloat. But, when she turned to descend upon the Congress, as she -had on the Cumberland, the Congress slipped her cables and ran -ashore, bows on. The Virginia took position as near as the depth of -water would permit, and opened upon her a raking fire. The Minnesota -was fast aground about one mile and a half below. The Roanoke and St. -Lawrence retired toward the fort. The shore-batteries kept up their -fire on the Virginia, as did also the Minnesota at long range, and -quite ineffectually. The Congress, being aground, could but feebly -reply. Several of our small vessels came up and joined the Virginia, -and the combined fire was fearfully destructive to the Congress. Her -commander was killed, and soon her colors were struck, and the white -flag appeared both at the main and spanker gaff. The Beaufort, -Lieutenant-commanding W. H. Parker, and the Raleigh, -Lieutenant-commanding J. W. Alexander, tugs which had accompanied the -Virginia, were ordered to the Congress to receive the surrender. The -flag of the ship and the sword of its then commander were delivered -to Lieutenant Parker, by whom they were subsequently sent to the Navy -Department at Richmond. Other officers delivered their swords in -token of surrender, and entreated that they might return to assist in -getting their wounded out of the ship. The permission was granted to -the officers, and they then took advantage of the clemency shown them -to make their escape. In the mean time the shore-batteries fired upon -the tugs, and compelled them to retire. By this fire five of their -own men, our prisoners, were wounded. Flag-officer Buchanan had -stopped the firing upon the Congress when she struck her flag, and -ran up the white flag, as heretofore described. Lieutenant Jones in -his official report, referring to the Congress, writes: "But she -fired upon us with the white flag flying, wounding Lieutenant Minor -and several of our men. We again opened fire upon her, and she is now -in flames." The crew of the Congress escaped, as did that of the -Cumberland, by boats, or by swimming, and generously our men -abstained from firing on them while so exposed. Flag-officer Buchanan -was wounded by a rifle-ball, and had to be carried below. His -intrepid conduct won the admiration of all. The executive and -ordnance officer, Lieutenant Catesby Ap R. Jones, succeeded to the -command. It was now so near night and the change of the tide that -nothing further could be attempted on that day. The Virginia, with -the smaller vessels attending her, withdrew and anchored off Sewell's -Point. She had sunk the Cumberland, left the Congress on fire, had -blown up a transport-steamer, sunk one schooner, and had captured -another. Casualties, reported by Lieutenant Jones, were two killed -and eight wounded. The prow of the Virginia was somewhat damaged, her -anchor and all her flag-staffs were shot away, and her smoke-stack -and steam-pipe were riddled; otherwise, the vessel was uninjured, -and, as will be seen, was ready for action on the next morning. The -prisoners and wounded were immediately sent up to the hospital at -Norfolk. - -During the night the Monitor, an iron-clad turret-steamer, of an -entirely new model, came in, and anchored near the Minnesota. Like -our Virginia she was an invention, and her merits and demerits were -to be tested in the crucible of war. She was of light draught, and -very little save the revolving turret was visible above the water, -was readily handled, and had good speed; but, also, like the -Virginia, was not supposed by nautical men to be capable of braving -rough weather at sea. - -The Virginia was the hull of a frigate, modified into an ironclad -vessel. She was only suited to smooth water, and it had not been -practicable to obtain for her such engines as would have given her -the requisite speed. Her draught, twenty-two feet, was too great for -the shoal water in the roads, and the apprehension which was excited -lest she should go up to Washington might have been allayed by a -knowledge of the deep water necessary to float her. Her great length, -depth, and want of power, caused difficulty in handling to be -anticipated. In many respects she was an experiment, and, had we -possessed the means to build a new vessel, no doubt a better model -could have been devised. Commander Brooke, who united much science to -great ingenuity, was not entirely free in the exercise of either. Our -means restricted us to making the best of that which chance had given -us. - -In the morning the Virginia, with the Patrick Henry, the Jamestown, -and the three little tugs, jestingly called the "mosquito fleet," -returned to the scene of the previous day's combat, and to the -completion of the work, the destruction of the Minnesota, which had, -the evening before, been interrupted by the change of tide and the -coming of night. The Monitor, which had come in during the previous -night, and had been seen by the light of the burning Congress, opened -fire on the Virginia when about the third of a mile distant. The -Virginia sought to close with her, but the greater speed of the -Monitor and the celerity with which she was handled made this -impracticable. The ships passed and repassed very near each other, -and frequently the Virginia delivered her broadside at close -quarters, but with no perceptible effect. The Monitor fired rapidly -from her revolving turret, but not with such aim as to strike -successively in the same place, and the armor of the Virginia, -therefore, remained unbroken. Lieutenant-commanding Catesby Jones, to -whom Buchanan had intrusted the ship when he was removed to the -hospital, soon discovered that the Monitor was invulnerable to his -shells. He had a few solid shot, which were intended only to be fired -from the nine-inch guns as hot shot, and therefore had necessarily so -much windage that they would be ineffective against the shield of the -Monitor. He, therefore, determined to run her down, and got all the -headway he could obtain for that purpose, but the speed was so small -that it merely pushed her out of her way. It was then decided to -board her, and all hands were piped for that object. Then the Monitor -slipped away on to shoal water where the Virginia could not approach -her, and Commander Jones, after waiting a due time, and giving the -usual signals of invitation to combat, without receiving any -manifestation on the part of the Monitor of an intention to return to -deep water, withdrew to the navy-yard. - -In the two days of conflict our only casualties were from the -Cumberland as she went down valiantly fighting to the last, from the -men on shore when the tugs went to the Congress to receive her -surrender, or from the perfidious fire from the Congress while her -white flags were flying. None were killed or wounded in the fight -with the Monitor. - -As this was the first combat between two iron-clad vessels, it -attracted great attention and provoked much speculation. Some assumed -that wooden ships were henceforth to be of no use, and much has been -done by the addition of armor to protect seagoing vessels; but -certainly neither of the two which provoked the speculation could be -regarded as seaworthy, or suited to other than harbor defense. - -A new prow was put on the Virginia, she was furnished with bolts and -solid shot, and the slight repairs needed were promptly made. The -distinguished veteran. Commodore Josiah Tatnall, was assigned to the -command of the Virginia, vice Admiral Buchanan, temporarily disabled. -The Virginia, as far as possible, was prepared for battle and cruise -in the Roads, and, on the 11th of April, Commodore Tatnall moved down -to invite the Monitor to combat. But her officers kept the Monitor -close to the shore, with her steam up, and under the guns of Fortress -Monroe. To provoke her to come out, the little Jamestown was sent in -and pluckily captured many prizes, but the Monitor lay safe in the -shoal water under the guns of the formidable fortress. An English -man-of-war, which was lying in the channel, witnessed this effort to -draw the Monitor out into deep water in defense of her weaker -countrymen, and, as Barney on the Jamestown passed with his prizes, -cut out in full view of the enemy's fleet, the Englishmen, with their -national admiration of genuine "game," as a spectator described it, -"unable to restrain their generous impulses, from the captain to the -side-boy, cheered our gunboat to the very echo." I quote further from -the same witness: "Early in May, a magnificent Federal fleet, the -Virginia being concealed behind the land, had ventured across the -channel, and some of them, expressly fitted to destroy our ship, were -furiously bombarding our batteries at Sewell's Point. Dashing down -comes old Tatnall on the instant, as light stepping and blithe as a -boy. . . . But the Virginia no sooner draws into range than the whole -fleet, like a flushed covey of birds, flatters off into shoal water -and under the guns of the forts"--where they remained. After some -delay, and there being no prospect of active service, the Commodore -ordered the executive officer to fire a gun to windward and take the -ship back to her buoy. Here, ready for service, waiting for an enemy -to engage her, but never having the opportunity, she remained until -the 10th of the ensuing month. - -The Norfolk Navy-Yard, notwithstanding the injury done to it by -conflagration, was yet the most available and equipped yard in the -Confederacy. A land-force under General Huger had been placed there -for its protection, and defensive works had also been constructed -with a view to hold it as well for naval construction and repair as -for its strategic importance in connection with the defense of the -capital, Richmond. On the opposite side of the lower James, on the -Peninsula between the James and York Rivers, we occupied an -intrenched position of much natural strength. The two positions, -Norfolk and the Peninsula, were necessary to each other, and the -command of the channel between them essential to both. As long as the -Virginia closed the entrance to the James River, and the intrenchment -on the Peninsula was held, it was deemed possible to keep possession -of Norfolk. - -On the 1st of May General Johnston, commanding on the Peninsula, -having decided to retreat, sent an order to General Huger to evacuate -Norfolk. The Secretary of War, General Randolph, having arrived just -at that time in Norfolk, assumed the authority of postponing the -execution of the order "until he [General Huger] could remove such -stores, munitions, and arms as could be carried off." The Secretary -of the Navy, Mr. Mallory, was there also, and gave like instructions -to the commandant of the yard. To the system and energy with which -General Huger conducted the removal of heavy guns, machinery, stores, -and munitions, we were greatly indebted in our future operations, -both of construction and defense. A week was thus employed in the -removal of machinery, etc, and the enemy, occupied with the -retreating army on the Peninsula, did not cross the James River -above, either to interrupt the transportation or to obstruct the -retreat of the garrisons of the forts at Norfolk and its -surroundings. When our army had been withdrawn from the Peninsula, -and Norfolk had been evacuated, and the James River did not furnish -depth of channel which would suffice for the Virginia to ascend it -more than a few miles, her mission was ended. It is not surprising -that her brilliant career created a great desire to preserve her, and -that it was contemplated to lighten her and thus try to take her up -the river, but the pilots declared this to be impracticable, and the -court which subsequently investigated the matter sustained their -opinion that "the only alternative was then and there to abandon and -burn the ship." The statement of Commodore Tatnall shows that the -Virginia could not have been taken seaward, and that such was the -opinion of her first commander. He said: "I consulted Commodore -Buchanan on the character and power of the ship. He expressed the -distinct opinion that she was unseaworthy, that she was not -sufficiently buoyant, and that in a common sea she would founder." -She could not, it therefore appears, ascend the river, was -unseaworthy, and was uncovered by the retreat of the troops with whom -she had coöperated. So, on the 10th of May, the Virginia was taken to -Craney Island, one mile above, and there her crew were landed; they -fell in and formed on the beach, and, in the language of the -eye-witness heretofore quoted, "then and there, on the very field of -her fame, within sight of the Cumberland's top-gallant-masts, all -awash, within sight of that magnificent fleet still cowering on the -shoal, with her laurels all fresh and green, we hauled down her -drooping colors, and, with mingled pride and grief, we gave her to -the flames." [54] - -At Wilmington, North Carolina, the Southwest bar was defended by Fort -Caswell, and New Inlet bar by Fort Fisher. The naval defenses -consisted of two ironclads, the North Carolina and the Raleigh. The -former could not cross any of the bars in consequence of her draught -of water. Her steam-power hardly gave propulsion. She sank during the -war off Smithville. The Raleigh's services were almost valueless in -consequence of her deep draught and her feeble steam-power. She made -one futile trip out of New Inlet, and after a few hours attempted to -return, but was wrecked upon the bar. - -The brave and invincible defense of Fort Sumter gave to the city of -Charleston, South Carolina, additional luster. For four years that -fort, located in its harbor, defied the army and navy of the United -States. When the city was about to be abandoned to the army of -General Sherman, the forts defending the harbor were embraced in -General Hardee's plan of evacuation. The gallant commander of Fort -Sumter, Colonel Stephen Elliott, Jr., with unyielding fortitude, -refused to be relieved, after being under incessant bombardment day -and night for weeks. It was supposed he must be exhausted, and he was -invited to withdraw for rest, but, on receiving the general order of -retreat, he assembled his brave force on the rugged and shell-crushed -parade-ground, read his instructions, and, in a voice that trembled -with emotion, addressed his men in the glowing language of patriotism -and unswerving devotion to the Confederate cause. The cheers, which -responded to the utterances of their colonel, came from manly and -chivalric throats. Yielding to the inevitable, they claimed for the -Stars and Bars a salute of one hundred guns. As it was fired from -Sumter, it was reëchoed by all the Confederate batteries, and -startled the outside blockaders with the idea that a great victory -had been won by the Confederacy. - -The naval force of the Confederacy in Charleston Harbor consisted of -three ironclads. Their steam-power was totally inadequate for the -effective use of the vessels. In fact, when the wind and tide were -moving in the same direction, it was impossible for the vessels to -advance against them, light though the wind might be. Under such -circumstances it was necessary to come to an anchor. On one occasion -the ironclads Palmetto State and Chicora ran out of Charleston Harbor -under favorable circumstances. The Palmetto State assaulted the -Mercideta, commanded by Captain Stellwagen, who unconditionally -surrendered. But the ironclad being under orders to follow her -consort in chase of the enemy, and having no boats to which to -transfer her prisoners, the parole of the officers and men was -accepted, with their promise to observe the same until its return. -The surrender was accepted, and an honest parole was the -consideration for not being sunk on the spot. Captain Stellwagen -abided but a short time, when, getting up steam, he broke his -plighted word, and ran off with the captured vessel. The deficiency -of speed on the part of the Confederate ironclads frustrated their -efforts to relieve the city of Charleston from continued blockade. - -The harbor defenses of Savannah were intrusted to Commodore Tatnall, -who defended the approach to the city with a small steamer of one -gun, an inefficient floating battery and ironclad, which had been -constructed from a blockade-runner. Several attempts were made to -attack the enemy's vessels with the ironclad, but these were -frustrated by the delay in opening a passage through the obstructions -in the river when tide and opportunity were offered. Her draught was -too great for the depth of water, except at high tides, and these -were at long intervals. The ironclad was armed with a battery of four -guns, two seven-inch and two six-inch. Her force consisted of some -twenty-one officers and twenty-four men, when she was fully -furnished. Another vessel was under construction and nearly -completed, and Commodore Tatnall, notwithstanding his well-known -combative instincts, was understood to be unwilling to send the -Atlanta alone against the enemy's blockading vessels. Lieutenant -Webb, who had been lately placed in command of the Atlanta, took her -to Warsaw Sound to deliver battle singly to the two ironclads -Weehawken and Nahant, which awaited her approach. The Atlanta got -twice aground--the second time, inextricably so. In this situation -she was attacked, and, though hopelessly, was bravely defended, but -was finally forced to surrender. - -Mobile Harbor was thought to be adequately provided for, as torpedoes -obstructed the approach, and Forts Morgan and Gaines commanded the -entrance, aided by the improvised fleet of Admiral Buchanan, which -consisted of the wooden gunboats Morgan and Gaines, each carrying six -guns, and Selma four guns, with the ram Tennessee of six guns--in -all, twenty-two guns and four hundred and seventy men. On August 4, -1864, Fort Gaines was assaulted by the United States force from the -sea-side of the beach. The resistance made was feeble, and the fort -soon surrendered. On the next day Admiral Farragut stood into the bay -with a force consisting of four monitors, or ironclads, and fourteen -steamers, carrying one hundred and ninety-nine guns and twenty-seven -hundred men. One ironclad was sunk by a torpedo. Admiral Buchanan -advanced to meet this force, and sought to run into the larger -vessels with the Tennessee, but they avoided him by their superior -speed. Meanwhile the gunboats became closely engaged with the enemy, -but were soon dispersed by his overwhelming force. The Tennessee -again stood for the enemy and renewed the attack with the hope of -sinking some of them with her prow, but she was again foiled by their -superior speed in avoiding her. The engagement with the whole fleet -soon became general, and lasted an hour. Frequently the Tennessee was -surrounded by the enemy, and all her guns were in action almost at -the same moment. Four of their heaviest vessels ran into her under -full steam with the view of sinking her. While surrounded by six of -these heavy vessels which were suffering fearfully from her heavy -battery, the steering-gear of the Tennessee was shot away, and her -ability to manoeuvre was completely destroyed, leaving the formidable -Confederate entirely at the disposal of the enemy. This misfortune, -it was believed, saved the greater part of Farragut's fleet. Further -resistance becoming unavailable, the wounded Admiral was under the -painful necessity of ordering a surrender. His little fleet became a -prey to the enemy, except the Morgan, which made good her escape to -Mobile. - -This unequal contest was decidedly creditable to the Confederacy. The -entire loss of the enemy, most of which is ascribed to the Tennessee, -amounted to quite three hundred in killed and wounded, exclusive of -one hundred lost on the sunken ironclad, making a number almost as -large as the entire Confederate force. On August 22d, Fort Morgan was -bombarded from the land, also by ironclads at sea, and by the fleet -inside. Thus Forts Powel, Morgan, and Gaines shared the fate of the -Confederate fleet, and the enemy became masters of the bay. On this -as on other occasions, the want of engines of sufficient power -constituted a main obstacle to the success which the gallantry and -skill of the seamen so richly deserved. - -The system of torpedoes adopted by us was probably more effective -than any other means of naval defense. The destructiveness of these -little weapons had long been known, but no successful modes for their -application to the destruction of the most powerful vessels of war -and ironclads had been devised. It remained for the skill and -ingenuity of our officers to bring the use of this terrible -instrument to perfection. The success of their efforts is very -frankly stated by one of the most distinguished of the enemy's -commanders--Admiral Porter.[55] He says: - - "Most of the Southern seaports fell into our possession with - comparative facility; and the difficulty of capturing Charleston, - Savannah, Wilmington, and Mobile was in a measure owing to the fact - that the approaches to these places were filled with various kinds of - torpedoes, laid in groups, and fired by electricity. The introduction - of this means of defense on the side of the Confederates was for a - time a severe check to our naval forces, for the commanders of - squadrons felt it their duty to be careful when dealing with an - element of warfare of which they knew so little, and the character - and disposition of which it was so difficult to discover. In this - system of defense, therefore, the enemy found their greatest - security; and, notwithstanding all the efforts of Du Pont and - Dahlgren, Charleston, Wilmington, and Savannah remained closed to our - forces until near the close of the war." - -In 1862, while General McClellan was in command of the enemy's forces -below Richmond, it was observed that they had more than a hundred -vessels in the James River, as if they were about to make an advance -by that way upon the city. This led to an order placing General G. J. -Rains in charge of the submarine defenses; and, on the James River -opposite Drewry's Bluff, the first submarine torpedo was made. The -secret of all his future success consisted in the sensitive primer, -which is unrivaled by any other means to explode torpedoes or -sub-terra shells. - -The torpedoes were made of the most ordinary material generally, as, -beer-barrels fixed with conical heads, coated within and without with -rosin dissolved in coal-tar; some were made of cast-iron, copper, or -tin; and glass demijohns were used. There were three essentials to -success, viz., the sensitive fuse-primer, a charge of sixty pounds of -gunpowder, and actual contact between the torpedo and the bottom of -the vessel. - -There were one hundred and twenty-three of these torpedoes placed in -Charleston Harbor and Stono River. It was blockaded by thirteen large -ships and ironclads, with six or seven storeships, and some twenty -other vessels. The position of each one was known, and they could be -approached within a half-mile, which made it easy to attack, destroy, -or disperse them at night by floating torpedoes, connected together -by twos by a rope one hundred and thirty yards long, buoyed up and -stretched across the current by two boats, which were to be dropped -in ebbing tide, to float down among the vessels. This plan, says -General Rains, was opposed by General Gilmer, of the engineer corps, -on the ground that "they might float back and destroy our own boat." -One was sent down to go in the midst of the fleet, and made its mark. -An act of devoted daring was here performed by Commander W. T. -Glassell, Confederate States Navy, which claims more than a passing -notice. While the enemy was slowly contracting his lines around -Charleston, his numerous ships of war kept watch-and-ward outside of -the harbor. Our few vessels, almost helpless by their defective -engines, could effect little against their powerful opponents. The -New Ironsides, the pride of their fleet, lay off Morris's Island. -This Glassell resolved to attack with a steam-launch carrying a -torpedo spar at the bow. With an engineer, pilot, and fireman, he -steered for the Ironsides under cover of a hazy night. As he -approached, he was hailed by the lookout, and the next moment struck -the Ironsides, exploding the torpedo about fifteen feet from the -keel. An immense volume of water was thrown up, covering the little -boat, and, pieces of timber falling in the engine, it was rendered -entirely unmanageable, so as to deprive Commander Glassell of the -means of escape on which he had relied. A rapid fire was concentrated -upon him from the deck of the ship, and there remained no chance -except to attempt an escape by swimming ashore. To secure liberty to -his country, he risked and lost his own, and found, for the indignity -to which he was subjected, compensation, inasmuch as the famous New -Ironsides was long rendered useless to the enemy. - -One hundred and one torpedoes were planted in Roanoke River, North -Carolina, after a flotilla of twelve vessels had started up to -capture Fort Branch. The torpedoes destroyed six of the vessels and -frustrated the attack. - -Every avenue to the outworks or to the city of Mobile was guarded by -submarine torpedoes, so that it was impossible for any vessel drawing -three feet of water to get within effective cannon-range of the -defenses. Two ironclads attempted to get near enough to Spanish Fort -to take part in the bombardment. They both struck torpedoes, and went -to the bottom on Apalachie bar; thenceforward the fleet made no -further attempt to encounter the almost certain destruction which -they saw awaited any vessel which might attempt to enter the -torpedo-guarded waters. But many were sunk when least expecting it. -Some went down long after the Confederate forces had evacuated -Mobile. The Tecumseh was probably sunk, says Major-General D. H. -Maury,[56] on her own torpedo. While steaming in lead of Farragut's -fleet she carried a torpedo affixed to a spar, which projected some -twenty feet from her bows; she proposed to use this torpedo against -the Tennessee, our only formidable ship; but, while passing Fort -Morgan, a shot from that fort cut away the stays by which the torpedo -was secured; it then doubled under her, and, exploding fairly under -the bottom of the ill-fated ship, she careened and sank instantly in -ten fathoms of water. Only six or eight of her crew of a hundred or -more were saved. The total number of vessels sunk by torpedoes in -Mobile Bay was twelve, viz., three ironclads, two tinclads, and seven -transports. Fifty-eight vessels were destroyed in Southern waters by -torpedoes during the war; these included ironclads and others of no -mean celebrity. - - -[Footnote 53: See "Annual Cyclopaedia," 1861, p. 536.] - -[Footnote 54: "The Story of the Confederate Ship Virginia," by William -Norris, Colonel Signal Corps, Confederate Army.] - -[Footnote 55: See "Torpedo Warfare," "North American Review," -September-October, 1878.] - -[Footnote 56: Southern Historical Society Papers, January, 1877.] - - - - -CHAPTER XXVIII. - - Naval Affairs (continued).--Importance of New Orleans.--Attack - feared from up the River.--Preparations for Defense.--Strength of - the Forts.--Other Defenses.-The General Plan.--Ironclads.-- - Raft-Fleet of the Enemy.--Bombardment of the Forts commenced.-- - Advance of the Fleet.--Its Passage of the Forts.--Batteries below - the City.--Darkness of the Night.--Evacuation of the City by - General Lovell on Appearance of the Enemy.--Address of General - Duncan to Soldiers in the Forts.--Refusal to surrender.--Meeting of - the Garrison of Fort Jackson.--The Forts surrendered.--Ironclad - Louisiana destroyed.--The Tugs and Steamers.--The Governor Moore.-- - The Enemy's Ship Varuna sunk.--The McRae.--The State of the City - and its Defenses considered.--Public Indignation.--Its Victims.-- - Efforts made for its Defense by the Navy Department.--The - Construction of the Mississippi. - - -New Orleans was the most important commercial port in the -Confederacy, being the natural outlet of the Mississippi Valley, as -well to the ports of Europe as to those of Central and Southern -America. It was the depot which, at an early period, had led to -controversies with Spain, and its importance to the interior had been -a main inducement to the purchase of Louisiana. It had become before -1861 the chief cotton-mart of the United States, and its defense -attracted the early attention of the Confederate Government. The -approaches for an attacking party were numerous. They could through -several channels enter Lake Pontchartrain, to approach the city in -rear for land-attack, could ascend the Mississippi from the Gulf, or -descend it from the Northwest, where it was known that the enemy was -preparing a formidable fleet of iron-clad gunboats. In the early part -of 1862, so general an opinion prevailed that the greatest danger to -New Orleans was by an attack from above, that General Lovell sent to -General Beauregard a large part of the troops then in the city. - -At the mouth of the Mississippi there is a bar, the greatest depth of -water on which seldom exceeded eighteen feet, and it was supposed -that heavy vessels of war, with their armament and supplies, would -not be able to cross it. Such proved to be the fact, and the vessels -of that class had to be lightened to enable them to enter the river. -In that condition of affairs, an inferior fleet might have engaged -them with a prospect of success. Captain Hollins, who was in command -of the squadron at New Orleans, and who had on a former occasion -shown his fitness for such service, had been sent with the greater -part of his fleet up the river to join the defense there being made. -Two powerful vessels were under construction, the Louisiana and the -Mississippi, but neither of them was finished. A volunteer fleet of -transport-vessels had been fitted up by some river-men, but it was in -the unfortunate condition of not being placed under the orders of the -naval commander. A number of fire-rafts had been also provided, which -were to serve the double purpose of lighting up the river in the -event of the hostile fleet attempting to pass the forts under cover -of the night, and of setting fire to any vessel with which they might -become entangled. - -After passing the bar, there was nothing to prevent the ascent of the -river until Forts Jackson and St. Philip were reached. These works, -constructed many years before, were on opposite banks of the river. -Their armament, as reported by General Lovell, December 5, 1861, -consisted of--Fort Jackson: six forty-two-ponders, twenty-six -twenty-four-pounders, two thirty-two-pounder rifles, sixteen -thirty-two-pounders, three eight-inch columbiads, one ten-inch -columbiad, two eight-inch mortars, one ten-inch mortar, two -forty-pounder howitzers, and ten twenty-four-pounder howitzers. Fort -St. Philip: six forty-two-ponders, nine thirty-two-pounders, -twenty-two twenty-four-pounders, four eight-inch columbiads, one -eight-inch mortar, one ten-inch mortar, and three field-guns. - -General Duncan reported that, on the 27th of March, he was informed -by Lieutenant-Colonel Higgins, commanding Forts Jackson and St. -Philip, of the coast-defenses, which were under his (General -Duncan's) command, that the enemy's fleet was crossing the bars, and -entering the Mississippi River in force; whereupon he repaired to -Fort Jackson. After describing the condition of the forts from the -excess of water and sinking of the entire site, as well as the -deficiency of guns of heavy caliber in the forts, he proceeds: - - "It became necessary in their present condition to bring in and - mount, and to build the platforms for, the three ten-inch and three - eight-inch columbiads, the rifled forty-two-pounder, and the five - ten-inch seacoast mortars recently obtained from Pensacola on the - evacuation of that place, together with the two rifled seven-inch - guns temporarily borrowed from the naval authorities in New Orleans. - It was also found necessary to repair the old water-battery to the - rear of and below Fort Jackson, which had never been completed, for - the reception of a portion of these guns, as well as to construct - mortar-proof magazines, and shell-rooms within the same." - -One of the seven-inch rifled guns borrowed from the navy was -subsequently returned, so that, when the forts were attacked, the -armament was one hundred and twenty-eight guns and mortars. - -The garrisons of Forts Jackson and St. Philip were about one thousand -men on December 5, 1861; afterward, so far as I know, the number was -not materially changed. - -The prevailing belief that vessels of war, in a straight, smooth -channel, could pass batteries, led to the construction of a raft -between the two forts which, it was supposed, would detain the ships -under fire of the forts long enough for the guns to sink them, or at -least to compel them to retire. The power of the river when in flood, -and the drift-wood it bore upon it, broke the raft; another was -constructed, which, when the drift-wood accumulated upon it, met a -like fate. Whether obstructions differently arranged--such as booms -secured to the shores, with apparatus by which they could be swung -across the channel when needful, or logs such as were used, except -that, being unconnected together, but each separately secured by -chain and anchor, they might severally yield to the pressure of the -driftwood, sinking, so as to allow it to pass over them, and, when -relieved of the weight, rising again--or whether other expedient -could have been made permanent and efficient, is a problem which need -not be discussed, as the time for its application has passed from us. - -The general plan for the defense of New Orleans consisted of two -lines of works: an exterior one, passing through the forts near the -month of the river, and the positions taken to defend the various -water approaches; nearer to the city was the interior line, embracing -New Orleans and Algiers, which was intended principally to repel an -attack by land, but also, by its batteries on the river-bank, to -resist approach by water. The total length of the intrenchments on -this interior line was more than eight miles. When completed, it -formed, in connection with impassable swamps, a very strong line of -defense. At the then high stage of the river, all the land between it -and the swamps was so saturated with water, that regular approaches -could not have been made. The city, therefore, was at the time -supposed to be doubly secure from a land-attack. - -In the winter of 1861-'62 I sent one of my aides-de-camp to New -Orleans to make a general inspection, and hold free conference with -the commanding General. Upon his return, he reported to me that -General Lovell was quite satisfied with the condition of the -land-defenses--so much so as to say that his only fear was that the -enemy would not make a land-attack. - -Considered since the event, it may seem strange that, after the fall -of Donelson and Henry, and the employment of the enemy's gunboats in -the Tennessee and Cumberland, it was still generally argued that the -danger to New Orleans was that the gunboats would descend the -Mississippi, and applications were made to have the ship Louisiana -sent up the river as soon as she was completed. - -The interior lines of defense mounted more than sixty guns of various -caliber, and were surrounded by wide and deep ditches. On the various -water approaches, including bays and bayous on the west and east -sides of the river, there were sixteen different forts, and these, -together with those on the river and the batteries of the interior -line, had in position about three hundred guns. - -One ironclad, the Louisiana, mounting sixteen guns of heavy caliber, -though she was not quite completed, was sent down to coöperate with -the forts. Her defective steam-power and imperfect steering apparatus -prevented her from rendering active coöperation. The steamship -Mississippi, then under construction at New Orleans, was in such an -unfinished condition as to be wholly unavailable when the enemy -arrived. In the opinion of naval officers she would have been, if -completed, the most powerful ironclad then in the world, and could -have driven the enemy's fleet out of the river and raised the -blockade at Mobile. There were also several small river-steamers -which were lightly armed, and their bows were protected so that they -could act as rams and otherwise aid in the defense of the river; but, -from the reports received, they seem, with a few honorable -exceptions, to have rendered little valuable service. - -The means of defense, therefore, mainly relied on were the two -heavy-armed forts, Jackson and St. Philip, with the obstruction -placed between them: this was a raft consisting of cypress-trees, -forty feet long, and averaging four or five feet at the larger end. -They were placed longitudinally in the river, about three feet apart, -and held together by gunwales on top, and strung upon two -two-and-a-half-inch chain cables fastened to their lower sides. This -raft was anchored in the river, abreast of the forts. - -The fleet of the enemy below the forts consisted of seven steam -sloops of war, twelve gunboats, and several armed steamers, under -Commodore Farragut; also, a mortar-fleet consisting of twenty sloops -and some steam-vessels. The whole force was forty-odd vessels of -different kinds, with an armament of three hundred guns of heavy -caliber, of improved models. - -The bombardment of the forts by the mortar-fleet commenced on April -18th, and, after six days of vigorous and constant shelling, the -resisting power of the forts was not diminished in any perceptible -degree. On the 23d there were manifest preparations by the enemy to -attempt the passage of the forts. This, as subsequently developed, -was to be done in the following manner. The sloops of war and the -gunboats were each formed in two divisions, and, selecting the -darkest hour of the night, between 3 and 4 A.M. of the 24th, moved up -the river in two columns. The commanders of the forts had vainly -endeavored to have the river lighted up in anticipation of an attack -by the fleet. - -In the mean time, while the fleet moved up the river, there was kept -up from the mortars a steady bombardment on the forts, and these -opened a fire on the columns of ships and gunboats, which, from the -failure to send down the fire-rafts to light up the river, was less -effective than it otherwise would have been. The straight, deep -channel enabled the vessels to move at their greatest speed, and thus -the forts were passed. - -Brigadier-General J. K. Duncan, commanding the coast defenses, says, -in his report of the passing of Forts Jackson and St. Philip by the -enemy's fleet: - - "The enemy evidently anticipated a strong demonstration to be made - against him with fire-barges. Finding, upon his approach, however, - that no such demonstration was made, and that the only resistance - offered to his passage was the anticipated fire of the forts--the - broken and scattered raft being no obstacle--I am satisfied that he - was suddenly inspired, for the first time, to run the gantlet at all - hazards, although not a part of his original design. Be that as it - may, a rapid rush was made by him in columns of twos in echelon, so - as not to interfere with each other's broadsides. The mortar-fire was - furiously increased upon Fort Jackson, and, in dashing by, each of - the vessels delivered broadside after broadside, of shot, shell, - grape, canister, and spherical case, to drive the men from our guns. - - "Both the officers and men stood up manfully under this galling and - fearful hail, and the batteries of both forts were promptly opened at - their longest range, with shot, shell, hot shot, and a little grape, - and most gallantly and rapidly fought, until the enemy succeeded in - getting above and beyond our range. The absence of light on the - river, together with the smoke of the guns, made the obscurity so - dense that scarcely a vessel was visible, and, in consequence, the - gunners were obliged to govern their firing entirely by the flashes - of the enemy's guns. I am fully satisfied that the enemy's dash was - successful mainly owing to the cover of darkness, as a frigate and - several gunboats were forced to retire as day was breaking. Similar - results had attended every previous attempt made by the enemy to pass - or to reconnoiter when we had sufficient light to fire with accuracy - and effect." - -The vessels which passed the fort anchored at the quarantine station -about six miles above, and in the forenoon proceeded up the river. -Batteries had been constructed where the interior line of defense -touched both the right and the left bank of the river. The high stage -of the river gave to its surface an elevation above that of the -natural bank; but a continuous levee to protect the land from -inundation existed on both sides of the river. When the ascending -fleet approached these batteries, a cross-fire, which drove two of -the vessels back, was opened upon it, and continued until all the -ammunition was exhausted. The garrison was then withdrawn-casualties, -one killed and one wounded. The regret which would naturally arise -from the fact of these batteries not having a sufficient supply of -ammunition is modified, if not removed, by the statement of the -highly accomplished and gallant officer, Major-General M. L. Smith, -who was then in command of them. He reported: - - "Had the fall of New Orleans depended upon the enemy's first taking - Forts Jackson and Philip, I think the city would have been safe from - an attack from the Gulf. The forts, in my judgment, were impregnable - as long as they were in free and open communication with the city. - This communication was not endangered while the obstruction existed. - The conclusion, then, is briefly this: While the obstruction existed, - the city was safe; when it was swept away, as the defenses then - existed, it was within the enemy's power." - -On the other hand, General Duncan, whose protracted, skillful, and -gallant defense of the forts is above all praise, closes his official -report with the following sentence: "Except for the cover afforded by -the obscurity of the darkness, I shall always remain satisfied that -the enemy would never have succeeded in passing Forts Jackson and St. -Philip." The darkness to which he referred was not only that of -night, but also the absence of the use of the means prepared to light -up the river. As further proof of the intensity of the darkness, and -the absence of that intelligent design and execution which had been -claimed, I will quote a sentence from the report of Commodore -Farragut: "At length the fire slackened, the smoke cleared off, and -we saw to our surprise that we were above the forts." - -On the 25th of April the enemy's gunboats and ships of war anchored -in front of the city and demanded its surrender. Major-General M. -Lovell, then in command, refused to comply with the summons, but, -believing himself unable to make a successful defense, and in order -to avoid a bombardment, agreed to withdraw his forces, and turn it -over to the civil authorities. Accordingly, the city was evacuated on -the same day. The forts still continued defiantly to hold their -position. By assiduous exertion the damage done to the works was -repaired, and the garrisons valiantly responded to the resolute -determination of General Duncan and Colonel Higgins to defend the -forts against the fleet still below, as well as against that which -had passed and was now above. On the 26th Commodore Porter, -commanding the mortar-fleet below, sent a flag-of-truce boat to -demand the surrender of the forts, saying that the city of New -Orleans had surrendered. To this Colonel Higgins replied, April 27th, -that he had no official information that New Orleans had been -evacuated, and until such notice was received he would not entertain -for a moment a proposition to surrender the forts. On the same day -General Duncan, commanding the coast-defenses, issued the following -address: - - "SOLDIERS OF FORTS JACKSON AND ST. PHILIP: You have nobly, gallantly, - and heroically sustained with courage and fortitude the terrible - ordeals of fire, water, and a hail of shot and shell wholly - unsurpassed during the present war. But more remains to be done. The - safety of New Orleans and the cause of the Southern Confederacy--our - homes, families, and everything dear to man--yet depend upon our - exertions. We are just as capable of repelling the enemy to-day as we - were before the bombardment. Twice has the enemy demanded your - surrender, and twice has he been refused. - - "Your officers have every confidence in your courage and patriotism, - and feel every assurance that you will cheerfully and with alacrity - obey all orders, and do your whole duty as men and as becomes the - well-tried garrisons of Forts Jackson and St. Philip. Be vigilant, - therefore, stand by your guns, and all will yet be well. - - "J. K. DUNCAN, - - "_Brigadier-General, commanding coast-defenses._" - -Not less lofty and devoted was the spirit evinced by Colonel Higgins. -His naval experience had been energetically applied in the attempts -to preserve and repair the raft. As immediate commander of Fort St. -Philip he had done all which skill and gallantry could achieve, and, -though for forty-eight hours during the bombardment he never left the -rampart, yet, with commendable care for his men, he kept them so -under cover that, notwithstanding the long and furious assault to -which the fort was subjected, the total of casualties in it was two -killed and four wounded. Their conduct was such as was to be -anticipated, for, had these officers been actuated by a lower motive -than patriotism, had they been seeking the rewards which power -confers, they would not have taken service with the weaker party. -Their meed was the consciousness of duty well done in a righteous -cause, and the enduring admiration and esteem of a people who had -only these to confer. - -During the 25th, 26th, and 27th, there had been an abatement of fire -on the forts, and with it had subsided the excitement which imminent -danger creates in the brave. A rumor became current that the city had -surrendered, and no reply had been received to inquiries sent on the -24th and 25th. About midnight on the 27th the garrison of Fort -Jackson revolted _en masse_, seized upon the guard, and commenced to -spike the guns. Captain S. O. Comay's company, the Louisiana -Cannoneers of St. Mary's Parish, and a few others remained true to -their cause and country. The mutiny was so general that the officers -were powerless to control it, and therefore decided to let those go -who wished to leave, and after daybreak to communicate with the fleet -below and negotiate for the terms which had been previously offered -and declined. - -Under the incessant fire to which the forts had been exposed, and the -rise of the water in the casemates and lower part of the works, the -men had been not only deprived of sleep, but of the opportunity to -prepare their food. Heroically they had braved alike dangers and -discomfort; had labored constantly to repair damages; to extinguish -fires caused by exploding shells; to preserve their ammunition by -bailing out the water which threatened to submerge the magazine: yet, -in a period of comparative repose, these men, who had been cheerful -and obedient, as suddenly as unexpectedly, broke out into open -mutiny. Under the circumstances which surrounded him, General Duncan -had no alternative. It only remained for him to accept the -proposition which had been made for a surrender of the forts. As this -mutiny became known about midnight of the 27th, soon after daylight -of the 28th a small boat was procured, and notice of the event was -sent to Captain Mitchell, on the Louisiana, and also to Fort St. -Philip. The officers of that fort concurred in the propriety of the -surrender, though none of their men had openly revolted. - -A flag of truce was sent to Commodore Porter to notify him of a -willingness to negotiate for the surrender of the forts. The -gallantry with which the defense had been conducted was recognized by -the enemy, and the terms were as liberal as had been offered on -former occasions. - -The garrisons were paroled, the officers were to retain their -side-arms, and the Confederate flags were left flying over the forts -until after our forces had withdrawn. If this was done as a generous -recognition of the gallantry with which the forts had been defended, -it claims acknowledgment as an instance of martial courtesy--the -flower that blooms fairest amid the desolations of war. - -Captain Mitchell, commanding the Confederate States naval forces, had -been notified by General Duncan of the mutiny in the forts and of the -fact that the enemy had passed through a channel in rear of Fort St. -Philip and had landed a force at the quarantine, some six miles -above, and that, under the circumstances, it was deemed necessary to -surrender the forts. As the naval forces were not under the orders of -the general commanding the coast-defenses, it was optional with the -naval commander to do likewise or not as to his fleet. After -consultation with his officers. Captain Mitchell decided to destroy -his flagship, the Louisiana, the only formidable vessel he had, -rather than allow her to fall into the hands of the enemy. The crew -was accordingly withdrawn, and the vessel set on fire. - -Commodore Porter, commanding the fleet below, came up under a flag of -truce to Fort Jackson, and, while negotiations were progressing for -the surrender, the Louisiana, in flames, drifted down the river, and, -when close under Fort St. Philip, exploded and sank. - -The defenses afloat, except the Louisiana, consisted of tugs and -river-steamers, which had been converted to war purposes by -protecting their bows with iron so as to make them rams, and putting -on them such armament as boats of that class would bear; and these -were again divided into such as were subject to control as naval -vessels, and others which, in compliance with the wish of the -Governor of Louisiana and many influential citizens, were fitted out -to a great extent by State and private sources, with the condition -that they should be commanded by river-steamboat captains, and should -not be under the control of the naval commander. This, of course, -impaired the unity requisite in battle. For many other purposes they -might have been used without experiencing the inconvenience felt when -they were brought together to act as one force against the enemy. The -courts of inquiry and the investigation by a committee of Congress -have brought out all the facts of the case, but with such conflicting -opinions as render it very difficult, in reviewing the matter, to -reach a definite and satisfactory conclusion. This much it may be -proper to say, that expectations, founded upon the supposition that -these improvised means could do all which might fairly be expected -from war-vessels, were unreasonable, and a judgment based upon them -is unjust to the parties involved. The machinery of the Louisiana was -so incomplete as to deprive her of locomotion, but she had been so -well constructed as to possess very satisfactory resisting powers, as -was shown by the fact that the broadsides of the enemy's vessels, -fired at very close quarters, had little or no effect upon her -shield. Without power of locomotion, her usefulness was limited to -employment as a floating battery. The question as to whether she was -in the right position, or whether, in her unfinished condition, she -should have been sent from the city, is one, for an answer to which I -must refer the inquirer to the testimony of naval men, who were -certainly most competent to decide the issue. - -One of the little river-boats, the Governor Moore, commanded by -lieutenant Beverly Kennon, like the others, imperfectly protected at -the bow, struck and sunk the Varuna, in close proximity to other -vessels of the enemy's fleet. Such daring resulted in his losing, in -killed and wounded, seventy-four out of a crew of ninety-three. Then -finding that he must destroy his ship to prevent her from falling -into the hands of the enemy, he set her on fire, and testified as -follows: - - "I ordered the wounded to be placed in a boat, and all the men who - could to save themselves by swimming to the shore and hiding - themselves in the marshes. I remained to set the ship on fire. After - doing so, I went on deck with the intention of leaving her, but found - the wounded had been left with no one to take care of them. I - remained and lowered them into a boat, and got through just in time - to be made a prisoner. The wounded were afterward attended by the - surgeons of the Oneida and Eureka." - -This, he says, was the only foundation for the accusation of having -burned his wounded with his ship. Another, the Manassas, -lieutenant-commanding Warley, though merely an altered "tug-boat," -stoutly fought the large ships; but, being wholly unprotected, except -at her bow, was perforated in many places, as soon as the guns were -brought to bear upon her sides, and floated down the river a burning -wreck. Another of the same class is thus referred to by Colonel -Higgins: - - "At daylight, I observed the McRae, gallantly fighting at terrible - odds, contending at close quarters with two of the enemy's powerful - ships. Her gallant commander, Lieutenant Thomas B. Huger, fell during - the conflict, severely, but I trust not mortally, wounded." - -This little vessel, after her unequal conflict, was still afloat, -and, with permission of the enemy, went up to New Orleans to convey -the wounded as well from our forts as from the fleet. - -On the 23d of April, 1862, General Lovell, commanding the military -department, had gone down to Fort Jackson, where General Duncan, -commanding the coast-defenses, then made his headquarters. The -presence of the department commander did not avail to secure the full -coöperation between the defenses afloat and the land-defenses, which -was then of most pressing and immediate necessity. - -When the enemy's fleet passed the forts, he hastened back to New -Orleans, his headquarters. The confusion which prevailed in the city, -when the news arrived that the forts had been passed by the enemy's -fleet, shows how little it was expected. There was nothing to -obstruct the ascent of the river between Forts Jackson and St. Philip -and the batteries on the river where the interior line of defense -rested on its right and left banks, about four miles below the city. -The guns were not sufficiently numerous in these batteries to inspire -much confidence; they were nevertheless well served until the -ammunition was exhausted, after which the garrisons withdrew, and -made their way by different routes to join the forces withdrawn from -New Orleans. - -Under the supposition entertained by the generals nearest to the -operations, the greatest danger to New Orleans was from above, not -from below, the city; therefore, most of the troops had been sent -from the city to Tennessee, and Captain Hollins, with the greater -part of the river-fleet, had gone up to check the descent of the -enemy's gunboats. - -Batteries like those immediately below the city had been constructed -where the interior line touched the river above, and armed to resist -an attack from that direction. Doubtful as to the direction from -which, and the manner in which, an attempt might be made to capture -the city, such preparations as circumstances suggested were made -against many supposable dangers by the many possible routes of -approach. To defend the city from the land, against a bombardment by -a powerful fleet in the river before it, had not been contemplated. -All the defensive preparations were properly, I think, directed to -the prevention of a near approach by the enemy. To have subjected the -city to bombardment by a direct or plunging fire, as the surface of -the river was then higher than the land, would have been -exceptionally destructive. Had the city been filled with soldiers -whose families had been sent to a place of safety, instead of being -filled with women and children whose natural protectors were -generally in the army and far away, the attempt might have been -justified to line the levee with all the effective guns and open fire -on the fleet, at the expense of whatever property might be destroyed -before the enemy should be driven away. The case was the reverse of -the hypothesis, and nothing could have been more unjust than to -censure the commanding General for withdrawing a force large enough -to induce a bombardment, but insufficient to repel it. His answer to -the demand for the surrender showed clearly enough the motives by -which he was influenced. His refusal enabled him to withdraw the -troops and most of the public property, and to use them, with the -ordnance and ordnance stores thus saved, in providing for the defense -of Vicksburg, but especially it deprived the enemy of any pretext for -bombarding the town and sacrificing the lives of the women and -children. It appears that General Lovell called for ten thousand -volunteers from the citizens, but failed to get them. There were many -river-steamboats at the landing, and, if the volunteers called for -were intended to man these boats and board the enemy's fleet before -their land-forces could arrive, it can not be regarded as utterly -impracticable. The report of General Butler shows that he worked his -way through one of the bayous in rear of Fort St. Philip to the -Mississippi River above the forts so as to put himself in -communication with the fleet at the city, and to furnish Commodore -Farragut with ammunition. From this it is to be inferred that the -fleet was deficient in ammunition, and the fact would have rendered -boarding from river-boats the more likely to succeed. In this -connection it may be remembered that, during the war, John Taylor -Wood, Colonel and A. D. C. to the President, who had been an officer -of high repute in the "old Navy," did in open boats attack armed -vessels, board and capture them, though found with nettings up, -having been warned of the probability of such an attack.[57] - -Many causes have been assigned for the fall of New Orleans. Two of -them are of undeniable force: First, the failure to light up the -channel; second, the want of an obstruction which would detain the -fleet under fire of the forts. General Duncan's report and testimony -justify the conclusion that to the thick veil of darkness the enemy -was indebted for his ability to run past the forts. - -The argument that the guns were not of sufficiently large caliber to -stop the fleet is not convincing. If all the guns had been of the -largest size, that would not have increased the accuracy but would -have diminished the rapidity of the fire, and therefore in the same -degree would have lessened the chances of hitting objects in the -dark. Further, it appears that the forts always crippled or repulsed -any vessels which came up in daylight. - -The forts would have been better able to resist bombardment if they -had been heavily plated with iron; but that would not have prevented -the fleet from passing them as they did. Torpedoes might have been -placed on the bar at the mouth of the river before the enemy got -possession of it, and subsequently, if attached to buoys, they might -have been used in the deep channel above. Many other things which -were omitted might and probably would have been done had attention -been earlier concentrated on the danger which at last proved fatal. -If the volunteer river-defense fleet was ineffective, as alleged, -because it was not subject to the orders of the naval commander, that -was an evil without a remedy. The Governor of Louisiana had arranged -with the projectors that they should not be subject to the naval -commander, and the alternative of not accepting them with that -condition was that they would not agree to convert their steamers -into war-vessels. Unless, therefore, it can be shown that they were -worse than none, their presence can not be properly enumerated among -the causes of the failure. - -The fall of New Orleans was a great disaster, over which there was -general lamentation, mingled with no little indignation. The excited -feeling demanded a victim, and conflicting testimony of many -witnesses most nearly concerned made it convenient to select for -censure those most removed and least active in their own -justification. Thus the naval constructors of the Mississippi and the -Secretary of the Navy became the special objects of attack. The -selection of these had little of justice in it, and could not serve -to relieve others of their responsibility, as did the old-time doom -of the scapegoat. New Orleans had never been a ship-building port, -and when the Messrs. Tift, the agents to build the iron-dad steamer -Mississippi, arrived there, they had to prepare a ship-yard, procure -lumber from a distance, have the foundries and rolling-mills adapted -to such iron-work as could be done in the city, and contract -elsewhere for the balance. They were ingenious, well informed in -matters of ship-building, and were held in high esteem in Georgia and -Florida, where they had long resided. They submitted a proposition to -the Secretary of the Navy to build a vessel on a new model. The -proposition was accepted after full examination of the plan proposed, -the novelty of which made it necessary that they should have full -control of the work of construction. To the embarrassments above -mentioned were added interruptions by calling off the workmen -occasionally for exercise and instruction as militiamen, the city -being threatened by the enemy. From these causes, unexpected delay in -the completion of the ship resulted, regret for which increased as -her most formidable character was realized. - -These constructors--the brothers Tift--hoped to gain much -reputation by the ship which they designed, and, from this motive, -agreed to give their full service and unremitted attention in its -construction without compensation or other allowance than their -current expenses. It would, therefore, on the face of it, seem to -have been a most absurd suspicion that they willingly delayed the -completion of the vessel, and at last wantonly destroyed it. - -Mr. E. C. Murray, who was the contractor for building the Louisiana, -in his testimony before a committee of the Confederate Congress, -testified that he had been a practical ship-builder for twenty years -and a contractor for the preceding eighteen years, having built about -a hundred and twenty boats, steamers, and sailing-vessels. There was -only a fence between his shipyard and that where the Mississippi was -constructed. Of this latter vessel he said: - - "I think the vessel was built in less time than any vessel of her - tonnage, character, and requiring the same amount of work and - materials, on this continent. That vessel required no less than two - million feet of lumber, and, I suppose, about one thousand tons of - iron, including the false works, blockways, etc. I do not think that - amount of materials was ever put together on this continent within - the time occupied in her construction. I know many of our naval - vessels, requiring much less materials than were employed in the - Mississippi, that took about six or twelve months in their - construction. She was built with rapidity, and had at all times as - many men at work upon her as could work to advantage--she had, in - fact, many times more men at work upon her than could conveniently - work. They worked on nights and Sundays upon her, as I did upon the - Louisiana, at least for a large portion of the time." - -The Secretary of the Navy knew both of the Tifts, but had no near -personal relations or family connection with either, as was -recklessly alleged. - -He, in accepting their proposition, connected with it the detail of -officers of the navy to supervise expenditures and aid in procuring -materials. Assisted by the chief engineer and constructor of the -navy, minute instructions were given as to the manner in which the -work was to be conducted. As early as the 19th of September he sent -twenty ship-carpenters from Richmond to New Orleans to aid in the -construction of the Mississippi. On the 7th of October authority was -given to have guns of heaviest caliber made in New Orleans for the -ship. Frequent telegrams were sent in November, December, and -January, showing great earnestness about the work on the ship. In -February and March notice was given of the forwarding from Richmond -of capstan and main-shaft, which could not be made in New Orleans. On -March 22d the Secretary, by telegraph, directed the constructors to -"strain every nerve to finish the ship," and added, "work day and -night." April 5th he again wrote: "Spare neither men nor money to -complete her at the earliest moment. Can not you hire night-gangs for -triple wages?" April 10th the Secretary again says: "Enemy's boats -have passed Island 10. Work day and night with all the force you can -command to get the Mississippi ready. Spare neither men nor money." -April 11th he asks, "When will you launch, and when will she be ready -for action?" These inquiries indicate the prevalent opinion, at that -time, that the danger to New Orleans was from the ironclad fleet -above, and not the vessels at the mouth of the river; but the anxiety -of the Secretary of the Navy and the efforts made by him were of a -character applicable to either or both the sources of danger. Thus we -find as early as the 24th of February, 1862, that he instructed -Commander Mitchell to make all proper exertions to have guns and -carriages ready for both the iron-clad vessels the Mississippi and -the Louisiana. Reports having reached him that the work on the latter -vessel was not pushed with sufficient energy, on the 15th of March he -authorized Commander Mitchell to consult with General Lovell, and, if -the contractors were not doing everything practicable to complete her -at the earliest moment, that he should take her out of their hands, -and, with the aid of General Lovell, go on to complete her himself. -On the 5th of April, 1862, Secretary Mallory instructed Commander -Sinclair, who had been assigned to the command of the Mississippi, to -urge on by night and day the completion of the ship. In March, 1861, -the Navy Department sent from Montgomery officers to New Orleans, -with instructions to purchase steamers and fit them for war purposes. -Officers were also sent to the North to purchase vessels suited to -such uses, and in the ensuing May an agent was dispatched to Canada -and another to Europe for like objects; and in April, 1861, contracts -were made with foundries at Richmond and New Orleans to make guns for -the defense of New Orleans. On the 8th of May, 1861, the Secretary of -the Navy communicated at some length to the Committee on Naval -Affairs of the Confederate Congress his views in favor of iron-clad -vessels, arguing as sell for their efficiency as the economy in -building them, believing that one such vessel could successfully -engage a fleet of the wooden vessels which constituted the enemy's -navy. His further view was that we could not hope to build wooden -fleets equal to those with which the enemy were supplied. The -committee, if it should be deemed expedient to construct an iron-clad -ship, was urged to prompt action by the forcible declaration, "Not a -moment should be lost." - -Commander George Minor, Confederate States Navy, Chief of the Bureau -of Ordnance, reported the number of guns sent by the Navy Department -to New Orleans, between July 1, 1861, and the fall of the city, to -have been one hundred and ninety-seven, and that before July -twenty-three guns had been sent there from Norfolk, being a total of -two hundred and twenty guns, of which forty-five were of large -caliber, supplied by the Navy Department for the defense of New -Orleans. - -Very soon after the Government was removed to Richmond, the Secretary -of the Navy, with the aid of Commander Brooke, designed a plan for -converting the sunken frigate Merrimac into an iron-clad vessel. She -became the famous Virginia, the brilliant career of which silenced -all the criticisms which had been made upon the plan adopted. On May -20, 1861, the Secretary of the Navy instructed Captain Ingraham, -Confederate States Navy, to ascertain the practicability of obtaining -wrought-iron plates suited for ships' armor. After some -disappointment and delay, the owners of the mills at Atlanta were -induced to make the necessary changes in the machinery, and undertake -the work. Efforts at other places in the West had been unsuccessful, -and this was one of the difficulties which an inefficient department -would not have overcome. The iron-clad gunboats Arkansas and -Tennessee were commenced at Memphis, but the difficulty in obtaining -mechanics so interfered with their construction, that the Secretary -of the Navy was compelled, December 24, 1861, to write to General -Polk, who was commanding at Columbus, Kentucky, asking that mechanics -might be detached from his forces, so as to insure the early -completion of the vessels. So promptly had the iron-clad boats been -put under contract, that the arrangements had all been made in -anticipation of the appropriation, and the contract was signed "on -the very day the law was passed." - -On December 25, 1861, Lieutenant Isaac N. Brown, Confederate States -Navy, a gallant and competent officer, well and favorably known in -his subsequent service as commander of the ram Arkansas, was sent to -Nashville. Information had been received that four river-boats were -there, and for sale, which were suited for river defense. Lieutenant -Brown was instructed to purchase such as should be adaptable to the -required service, "and to proceed forthwith with the necessary -alteration and armament." - -In the latter part of 1861, it having been found impossible with the -means in Richmond and Norfolk to answer the requisitions for ordnance -and ordnance stores required for the naval defenses of the -Mississippi, a laboratory was established in New Orleans, and -authority given for the casting of heavy cannon, construction of -gun-carriages, and the manufacture of projectiles and ordnance -equipments of all kinds. On December 12, 1861, the Secretary of the -Navy submitted an estimate for an appropriation to meet the expenses -incurred "for ordnance and ordnance stores for the defense of the -Mississippi River." - -Secretary Mallory, in answer to inquiries of a joint committee of -Congress, in 1863, replied that he had sent a telegram to Captain -Whittle, April 17, 1862, as follows: - - "Is the boom, or raft, below the forts in order to resist the enemy, - or has any part of it given way? State condition." - -On the next day the following answer was sent: - - "I hear the raft below the forts is not in best condition; they are - strengthening it by additional lines. I have furnished anchors." - -To further inquiry about the raft by the Committee, the Secretary -answered: - - "The commanding General at New Orleans had exclusive charge of the - construction of the raft, or obstruction, in question, and his - correspondence with the War Department induced confidence in the - security of New Orleans from the enemy. I was aware that this raft - had been injured, but did not doubt that the commanding General would - renew it, and place an effectual barrier across the river, and I was - anxious that the navy should afford all possible aid. . . . A large - number of anchors were sent to New Orleans from Norfolk for the raft." - -Though much more might be added, it is hoped that what has been given -above will sufficiently attest the zeal and capacity of the Secretary -of the Navy, and his anxiety, in particular, to protect the city of -New Orleans, whether assailed by fleets descending or ascending the -river. - -Having thus reviewed at length the events, immediate and remote, -which were connected with the great catastrophe, the fall of our -chief commercial city, and the destruction of the naval vessels on -which our hopes most rested for the protection of the lower -Mississippi and the harbors of the Gulf, the narrative is resumed of -affairs at the city of New Orleans. - - -[Footnote 57: Captain Wood had a number of light row-boats built, -holding each about twenty men. They were fitted with cradles to wagons, -and could be quickly moved to any point by road or rail. He writes: -"In August, 1863, I left Richmond with four boats and sixty men for -the Rappahannock, to look after one or two gunboats that had been -operating in that river. Finding always two cruising together, I -determined to attempt the capture of both at once. About midnight, -with muffled oars, we pulled for them at anchor near the mouth of the -river. They discovered us two hundred yards off. We dashed alongside, -cut our way through and over the boarder nettings with the old navy -cutlass, gained the deck, and, after a sharp, short fight, drove the -enemy below. The prizes proved to be the gunboats Satellite and -Reliance, two guns each. Landing the prisoners, we cruised for two -days in the Chesapeake Bay. A number of vessels were captured and -destroyed."] - - - - -CHAPTER XXIX. - - Naval Affairs (continued).--Farragut demands the Surrender of New - Orleans.--Reply of the Mayor.--United States Flag hoisted.--Advent - of General Butler.--Barbarities.--Antecedents of the People.-- - Galveston.--Its Surrender demanded.--The Reply.--Another visit of - the Enemy's Fleet.--The Port occupied.--Appointment of General - Magruder.--Recapture of the Port.--Capture of the Harriet Lane.-- - Report of General Magruder.--Position and Importance of Sabine - Pass.--Fleet of the Enemy.--Repulse by Forty-four Irishmen.-- - Vessels captured.--Naval Destitution of the Confederacy at first.-- - Terror of Gunboats on the Western Rivers.--Their Capture.--The most - Illustrious Example.--The Indianola.--Her Capture.--The Ram - Arkansas.--Descent of the Yazoo River.--Report of her Commander.-- - Runs through the Enemy's Fleet.--Description of the Vessel.--Attack - on Baton Rouge.--Address of General Breckinridge.--Burning of the - Arkansas. - -Sad though the memory of the fall of New Orleans must be, the -heroism, the fortitude, and the patriotic self-sacrifice exhibited in -the eventful struggle at the forts must ever remain the source of -pride and of such consolation as misfortune gathers from the -remembrance of duties well performed. - -After the troops had been withdrawn and the city restored to the -administration of the civil authorities, Commodore Farragut, on April -26, 1862, addressed the Mayor, repeating his demand for the surrender -of the city. In his letter he said: "It is not within the province of -a naval officer to assume the duties of a military commandant," and -added, "The rights of persons and property shall be secured." He -proceeded then to demand "that the emblem of sovereignty of the -United States be hoisted over the City Hall, Mint, and Custom-House -by meridian this day. All flags and other emblems of sovereignty -other than those of the United States must be removed from all the -public buildings by that hour." To this the Mayor replied, and the -following extracts convey the general purport of his letter: - - "The city is without the means of defense, and is utterly destitute - of the force and material that might enable it to resist an - overpowering armament displayed in sight of it. . . . To surrender - such a place were an idle and unmeaning ceremony. . . . As to - hoisting any flag other than the flag of our own adoption and - allegiance, let me say to you that the man lives not in our midst - whose hand and heart would not be paralyzed at the mere thought of - such an act; nor could I find in my entire constituency so wretched - and desperate a renegade as would dare to profane with his hand the - sacred emblem of our aspirations. . . . Peace and order may be - preserved without resort to measures which I could not at this moment - prevent. Your occupying the city does not transfer allegiance from - the government of their choice to one which they have deliberately - repudiated, and they yield the obedience which the conqueror is - entitled to extort from the conquered. - - "Respectfully, - - "JOHN T. MONROE, _Mayor._" - -On the 29th of April Admiral Farragut adopted the alternative -presented by the answer of the Mayor, and sent a detachment of -marines to hoist the United States flag over the Custom-House, and to -pull down the Confederate flag from the staff on the City Hall. An -officer and some marines remained at the Custom-House to guard the -United States flag hoisted over it until the land-forces under -General Butler arrived. On the 1st of May General Butler took -possession of the defenseless City; then followed the reign of -terror, pillage, and a long train of infamies, too disgraceful to be -remembered without a sense of shame by any one who is proud of the -name American. - -Had the population of New Orleans been vagrant and riotous, the harsh -measures adopted might have been excused, though nothing could have -justified the barbarities which were practiced; but, notable as the -city had always been for freedom from tumult, and occupied as it then -was mainly by women and children, nothing can extenuate the wanton -insults and outrages heaped upon them. That those not informed of the -character of the citizens may the better comprehend it, a brief -reference is made to its history. - -When Canada, then a French colony, was conquered by Great Britain, -many of the inhabitants of greatest influence and highest -cultivation, in a spirit of loyalty to their flag, migrated to the -wilds of Louisiana. Some of them established themselves in and about -New Orleans, and their numerous descendants formed, down to a late -period, the controlling element in the body-politic. Even after they -had ceased, because of large immigration, to control in the -commercial and political affairs of the city, their social standard -was still the rule. No people were more characterized by refinement, -courtesy, and chivalry. Of their keen susceptibility the Mayor -informed Commodore Farragut in his correspondence with that officer. - -When the needy barbarians of the upper plains of Asia descended upon -the classic fields of Italy, their atrocities were such as shocked -the common-sense of humanity; but, if any one shall inquire minutely -into the conduct of Butler and his followers at New Orleans, he will -find there a history yet more revolting. - -Soon thereafter, on May 17, 1862, Captain Eagle, United States Navy, -commanding the naval forces before Galveston, summoned it to -surrender, "to prevent the effusion of blood and the destruction of -property which would result from the bombardment of the town," adding -that the land and naval forces would appear in a few days. The reply -was that, "when the land and naval forces made their appearance, the -demand would be answered." The harbor and town of Galveston were not -prepared to resist a bombardment, and, under the advice of General -Herbert, the citizens remained quiet, resolved, when the enemy should -attempt to penetrate the interior, to resist his march at every -point. This condition remained without any material change until the -8th of the following October, when Commander Renshaw with a fleet of -gunboats, consisting of the Westfield, Harriet Lane, Owasco, Clifton, -and some transports, approached so near the city as to command it -with his guns. Upon a signal, the Mayor _pro tem_, came off to the -flag-ship and informed Commander Renshaw that the military and civil -authorities had withdrawn from the town, and that he had been -appointed by a meeting of citizens to act as mayor, and had come for -the purpose of learning the intentions of the naval commander. In -reply he was informed that there was no purpose to interfere with the -municipal affairs of the city; that he did not intend to occupy it -before the arrival of a military commander, but that he intended to -hoist the United States flag upon the public buildings, and claim -that it should be respected. The acting Mayor informed him that -persons over whom he had no control might take down the flag, and he -could not guarantee that it should be respected. Commander Renshaw -replied that, to avoid any difficulty like that which occurred in New -Orleans, he would send with the flag a sufficient force to protect -it, and would not keep the flag flying for more than a quarter or -half an hour. - -The vessels of the fleet were assigned to positions commanding the -town and the bridge which connected the island with the mainland, and -a battalion of Massachusetts volunteers was posted on one of the -wharves. - -Late in 1862 General John B. Magruder, a skillful and knightly -soldier, who had at an earlier period of the year rendered -distinguished service by his defense of the peninsula between the -James and York Rivers, Virginia, was assigned to the command of the -Department of Texas. On his arrival, he found the enemy in possession -of the principal port, Galveston, and other points upon the coast. He -promptly collected the scattered arms and field artillery, had a -couple of ordinary high-pressure steamboats used in the -transportation of cotton on Buffalo Bayou protected with cotton-bales -piled from the main deck to and above the hurricane-roof, and these, -under the command of Captain Leon Smith, of the Texas Navy, in -coöperation with the volunteers, were relied upon to recapture the -harbor and island of Galveston. Between night and morning on the 1st -of January, 1863, the land-forces entered the town, and the -steamboats came into the bay, manned by Texas cavalry and volunteer -artillery. The field artillery was ran down to the shore, and opened -fire upon the boats. The battalion of the enemy having torn up the -plank of the wharf, our infantry could only approach them by wading -through the water, and climbing upon the wharf. The two steamboats -attacked the Harriet Lane, the gunboat lying farthest up the bay. -They were both so frail in their construction that their only chance -was to close and board. One of them was soon disabled by collision -with the strong vessel, and in a sinking condition ran into shoal -water. The other closed with the Harriet Lane, boarded and captured -the vessel. The flag-ship Westfield got aground and could not be got -off, though assisted by one of the fleet for that purpose. General -Magruder then sent a demand that the enemy's vessels should -surrender, except one, on which the crews of all should leave the -harbor, giving until ten o'clock for compliance with his demand, to -enforce which he put a crew on the Harriet Lane, then the most -efficient vessel afloat of the enemy's fleet, and, while waiting for -an answer, ceased firing. This demand was communicated by a boat from -the Harriet Lane to the commander on the Clifton, who said that he -was not the commander of the fleet, and would communicate the -proposal to the flag-officer on the Westfield. Flags of truce were -then flying on the enemy's vessels, as well as on shore. Commander -Renshaw refused to accede to the proposition, directing the commander -of the Clifton to get all the vessels, including the Corypheus and -Sachem, which had recently joined, out of port as soon as possible, -and that he would blow up the Westfield, and leave on the transports -lying near him with his officers and crew. In attempting to execute -this purpose, Commander Renshaw and ten or fifteen others perished -soon after leaving the ship, in consequence of the explosion being -premature. The General commanding made the following preliminary -report: - - "HEADQUARTERS, GALVESTON, TEXAS. - - "This morning, the 1st January, at three o'clock, I attacked the - enemy's fleet and garrison at this place, captured the latter and the - steamer Harriet Lane, two barges, and a schooner. The rest, some four - or five, escaped ignominiously under cover of a flag of truce. I have - about six hundred prisoners and a large quantity of valuable stores, - arms, etc. The Harriet Lane is very little injured. She was carried - by boarders from two high-pressure cotton-steamers, manned by Texas - cavalry and artillery. The line troops were gallantly commanded by - Colonel Green, of Sibley's brigade, and the ships and artillery by - Major Leon Smith, to whose indomitable energy and heroic daring the - country is indebted for the successful execution of a plan which I - had considered for the destruction of the enemy's fleet. Colonel - Bagby, of Sibley's brigade, also commanded the volunteers from his - regiment for the naval expedition, in which every officer and every - man won for himself imperishable renown. - - "J. BANKHEAD MAGRUDER, - - "_Major General._" - -The conduct of Commander Renshaw toward the inhabitants of Galveston -had been marked by moderation and propriety, and the closing act of -his life was one of manly courage and fidelity to the flag he bore. - -Commander Wainright and Lieutenant-commanding Lea, who fell valiantly -defending their ship, were buried in the cemetery with the honors of -war: thus was evinced that instinctive respect which true warriors -always feel for their peers. The surviving officers were paroled. - -It would be a pleasing task, if space allowed, to notice the many -instances of gallantry in this affair, as daring as they were novel, -but want of space compels me to refer the reader to the full accounts -which have been published of the "cavalry charge upon a naval fleet." - -The capture of the enemy's fleet in Galveston Harbor, by means so -novel as to excite surprise as well as grateful admiration, was -followed by another victory on the coast of Texas, under -circumstances so remarkable as properly to be considered marvelous. -To those familiar with the events of that time and section, it is -hardly necessary to say that I refer to the battle of Sabine Pass. - -The strategic importance to the enemy of the possession of Sabine -River caused the organization of a large expedition of land and naval -forces to enter and ascend the river. If successful, it gave the -enemy short lines for operation against the interior of Texas, and -relieved them of the discomfiture resulting from their expulsion from -Galveston Harbor. - -The fleet of the enemy numbered twenty-three vessels. The forces were -estimated to be ten thousand men. No adequate provision had been made -to resist such a force, and, under the circumstances, none might have -been promptly made on which reliance could have been reasonably -placed. A few miles above the entrance into the Sabine River, a small -earthwork had been constructed, garrisoned at the time of the action -by forty-two men and two lieutenants, with an armament of six guns. -The officers and men were all Irishmen, and the company was called -the "Davis Guards." The captain, F. H. Odlum, was temporarily absent, -so that the command devolved upon Lieutenant E. W. Dowling. Wishing -to perpetuate the history of an affair, in which I believe the brave -garrison did more than an equal force had ever elsewhere performed, I -asked General Magruder, when I met him after the war, to write out a -full account of the event; he agreed to do so, but died not long -after I saw him, and before complying with my request. From the -publications of the day I have obtained the main facts, as they were -then printed in the Texas newspapers, and, being unwilling to -summarize the reports, give them at length. - - _Captain F. H. Odlum's Official Report._ - - "HEADQUARTERS, SABINE PASS, - - "_September 9, 1863._ - - "Captain A. N. MILLS, _Assistant Adjutant-General._ - - "SIR: I have the honor to report that we had an engagement with the - enemy yesterday and gained a handsome victory. We captured two of - their gunboats, crippled a third, and drove the rest out of the Pass. - We took eighteen fine guns, a quantity of smaller arms, ammunition - and stores, killed about fifty, wounded several, and took one hundred - and fifty prisoners, without the loss or injury of any one on our - side or serious damage to the fort. - - "Your most obedient servant, - - "F. H. ODLUM, _Captain, commanding Sabine Pass._" - - - _Commodore Leon Smith's Official Report._ - - "Captain E. P. TURNER, _Assistant Adjutant-General._ - - "SIR: After telegraphing the Major-General before leaving Beaumont, I - took a horse and proceeded with all haste to Sabine Pass, from which - direction I could distinctly hear a heavy firing. Arriving at the - Pass at 3 P.M., I found the enemy off and inside the bar, with - nineteen gunboats and steamships and other ships of war, carrying, as - well as I could judge, fifteen thousand men. I proceeded with Captain - Odlum to the fort, and found Lieutenant Dowling and Lieutenant N. H. - Smith, of the engineer corps, with forty-two men, defending the fort. - Until 3 P.M. our men did not open on the enemy, as the range was too - distant. The officers of the fort coolly held their fire until the - enemy had approached near enough to reach them. But, when the enemy - arrived within good range, our batteries were opened, and gallantly - replied to a galling and most terrific fire from the enemy. As I - entered the fort, the gunboats Clifton, Arizona, Sachem, and Granite - State, with several others, came boldly up to within one thousand - yards, and opened their batteries, which were gallantly and - effectively replied to by the Davis Guards. For one hour and thirty - minutes a most terrific bombardment of grape, canister, and shell was - directed against our heroic and devoted little band within the fort. - The shot struck in every direction, but, thanks be to God! not one of - the noble Davis Guards was hurt. Too much credit can not be awarded - Lieutenant Dowling, who displayed the utmost heroism in the discharge - of the duty assigned him and the defenders of the fort. God bless the - Davis Guards, one and all! The honor of the country was in their - hands, and nobly they sustained it. Every man stood at his post, - regardless of the murderous fire that was poured upon them from every - direction. The result of the battle, which lasted from 3.30 to 5 - P.M., was the capturing of the Clifton and Sachem, eighteen heavy - guns, one hundred and fifty prisoners, and the killing and wounding - of fifty men, and driving outside the bar the enemy's fleet, - comprising twenty-three vessels in all. I have the honor to be your - obedient servant, - - "LEON SMITH, - - "_Commanding Marine Department of Texas._" - - - "HEADQUARTERS DISTRICT OF TEXAS, NEW MEXICO, AND ARIZONA, HOUSTON, - TEXAS, _September 9, 1863._ - - "(SPECIAL ORDER.) - - "Another glorious victory has been won by the heroism of Texans. The - enemy, confident of overpowering the little garrison at Sabine Pass, - boldly advanced to the work of capture. After a sharp contest he was - entirely defeated, one gunboat hurrying off in a crippled condition, - while two others, the Clifton and Sachem, with their armaments and - crews, including the commander of the fleet, surrendered to the - gallant defenders of the fort. The loss of the enemy has been heavy, - while not a man on our side has been killed or wounded. Though the - enemy has been repulsed in his naval attacks, his land-forces, - reported as ten thousand strong, are still off the coast waiting an - opportunity to land. - - "The Major-General calls on every man able to bear arms to bring his - guns or arms, no matter of what kind, and be prepared to make a - sturdy resistance to the foe. - - "Major-General J. B. MAGRUDER. - - "EDMUND P. TURNER, _Assistant Adjutant-General._" - -The "Daily Post," Houston, Texas, of August 22, 1880, has the -following: - - "A few days after the battle each man that participated in the fight - was presented with a silver medal inscribed as follows: On one side - 'D. G.,' for the Davis Guards, and on the reverse Side, 'Sabine Pass, - September 8, 1863.' - - "Captain Odlum and Lieutenant R. W. Dowling have gone to that bourn - whence no traveler returns, and but few members of the heroic band - are in the land of the living, and those few reside in the city of - Houston, and often meet together, and talk about the battle in which - they participated on the memorable 8th of September, 1863. - - "The following are the names of the company who manned the guns in - Fort Grigsby, and to whom the credit is due for the glorious victory: - - "Lieutenants R. W. Dowling and N. H. Smith; Privates Timothy - McDonough, Thomas Dougherty, David Fitzgerald, Michael Monahan, John - Hassett, John McKeefer, Jack W. White, Patrick McDonnell, William - Gleason, Michael Carr, Thomas Hagerty, Timothy Huggins, Alexander - McCabe, James Flemming, Patrick Fitzgerald, Thomas McKernon, Edward - Pritchard, Charles Rheins, Timothy Hurley, John McGrath, Matthew - Walshe, Patrick Sullivan, Michael Sullivan, Thomas Sullivan, Patrick - Clare, John Hennessey, Hugh Deagan, Maurice Powers, Abner Carter, - Daniel McMurray, Patrick Malone, James Corcoran, Patrick Abbott, John - McNealis, Michael Egan, Daniel Donovan, John Wesley, John Anderson, - John Flood, Peter O'Hare, Michael Delaney, Terence Mulhern." - -The inquiry may naturally arise how this small, number of men could -take charge of so large a body of prisoners. This required that to -their valor they should add stratagem. A few men were placed on the -parapet as sentinels, the rest were marched out as a guard to receive -the prisoners and their arms. Thus was concealed the fact that the -fort was empty. The report of the guns bombarding the fort had been -heard, and soon after the close of the battle reinforcements arrived, -which relieved the little garrison from its embarrassment. - -Official reports of officers in the assaulting column, as published -in the "Rebellion Record," vol. vii, page 425, _et seq_., refer to -another fort, and steamers in the river, coöperating in the defense -of Fort Grigsby. The success of the single company which garrisoned -the earthwork is without parallel in ancient or modern war. It was -marvelous; but it is incredible--more than marvelous--that another -garrison in another fort, with cruising steamers, aided in checking -the advance of the enemy, yet silently permitted the forty-two men -and two officers of Fort Grigsby to receive all the credit for the -victory which was won. If this be supposable, how is it possible that -Captain Odlum, Commander Smith, General Magruder, and Lieutenant -Dowling, who had been advised to abandon the work, and had consulted -their men as to their willingness to defend it, should nowhere have -mentioned the putative fort and coöperating steamers? - -The names of the forty-four must go down to posterity, unshorn of the -honor which their contemporaries admiringly accorded. - -At the commencement of the war the Confederacy was not only without a -navy, all the naval vessels possessed by the States having been, as -explained elsewhere, left in the hands of our enemies; but worse than -this was the fact that ship-building had been almost exclusively done -in the Northern States, so that we had no means of acquiring equality -in naval power. The numerous deep and wide rivers traversing the -Southern States gave a favorable field for the operation of gunboats -suited to such circumstances. The enemy rapidly increased their -supply of these by building on the Western waters, as well as -elsewhere, and converting existing vessels into iron-dad gunboats. -The intrepidity and devotion of our people met the necessity by new -expedients and extraordinary daring. This was especially seen in the -operations of western Louisiana, where numerous bayous and rivers, -with difficult land-routes, gave an advantage to the enemy which -might well have paralyzed anything less than the most resolute will. - -In the earlier period of the war, the gunboats had inspired a terror -which their performances never justified. There was a prevailing -opinion that they could not be stopped by land-batteries, or resisted -on water by anything else than vessels of their own class. Against -the first opinion General Richard Taylor, commanding in Louisiana, -south of Red River, stoutly contended, and maintained his opinion by -the repulse and capture of some of the enemy's vessels by -land-batteries having guns of rather light caliber. - -One by one successful conflicts between river-boats and gunboats -impaired the estimate which had been put upon the latter. The most -illustrious example of this was the attack and capture of the -Indianola, a heavy ironclad, with two eleven-inch guns forward, and -two nine-inch aft, all in iron casemates. She had passed the -batteries at Vicksburg, and was in the section of the river between -Vicksburg and Port Hudson, which, in February, 1863, was the only -gate of communication which the Confederacy had between the east and -west sides of the Mississippi. The importance of keeping open this -communication, always great, became vital from the necessity of -drawing commissary's stores from the trans-Mississippi. - -Major Brent, of General Taylor's staff, proposed, with the tow-boat -Webb, which had been furnished as a ram, and the Queen of the West, -which had been four or five days before captured by the land-battery -at Fort De Russy, to go to the Mississippi and attack the Indianola. -On the 19th of February the expedition started, though mechanics were -still working upon the needed repairs of the Queen of the West. The -service was so hazardous that volunteers only formed the crews, but -of these more offered than were wanted. On the 24th, while ascending -the Mississippi, Major Brent learned, when about sixty miles below -Vicksburg, that the Indianola was a short distance ahead, with a -coal-barge lashed on either side. He determined to attack in the -night, being assured that, if struck by a shell from one of the -eleven- or nine-inch guns, either of his boats would be destroyed. At -10 P.M. the Queen, followed by the Webb, was driven at full speed -directly upon the Indianola. The momentum of the Queen was so great -as to cut through the coal-barge, and indent the iron plates of the -Indianola. As the Queen backed out, the Webb dashed in at full speed, -and tore away the remaining coal-barge. Both the forward guns fired -at the Webb, but missed her. Again the Queen struck the Indianola, -abaft the paddle-box, crushing her frame and loosening some plates of -armor, but received the fire of the guns from the rear casemates. One -shot carried away a dozen bales of cotton on the right side; the -other, a shell, entered the forward port-hole and exploded, killing -six men and disabling two field-pieces. Again the Webb followed the -Queen, struck near the same spot, pushing aside the iron plates and -crushing timbers. Voices from the Indianola announced the surrender, -and that she was sinking. The river here sweeps the western shore, -and there was deep water up to the bank. General Grant's army was on -the west side of the river, and, for either or both of these reasons. -Major Brent towed the Indianola to the opposite side, where she sank -on a bar, her gun-deck above water. Both boats were much shattered in -the conflict, and Major Brent returned to the Red River to repair -them. A tender accompanied the Queen and the Webb, and a frail -river-boat without protection for her boilers, which was met on the -river, turned back and followed them, but, like the tender, could be -of no service in the battle. For these particulars I am indebted to -General Richard Taylor's book, "Destruction and Reconstruction," -pages 123-125. - -The ram Arkansas, which has been previously noticed as being under -construction at Memphis, was removed before she was finished to the -Yazoo River, events on the river above having rendered this necessary -for her security. After she was supposed to be ready for service, -Commander Brown, then as previously in charge of her, went down the -Yazoo to enter the Mississippi and proceed to Vicksburg. The enemy's -fleet of some twelve or thirteen rams, gunboats, and sloops of war, -were in the river above Vicksburg, and below the point where the -Yazoo enters the Mississippi. Anticipating the descent of the -Arkansas, a detachment had been made from this fleet to prevent her -exit. The annexed letter of Commander Brown describes what occurred -in the Yazoo River: - - "STEAMER ARKANSAS, _July 15, 1862._ - - "GENERAL: The Benton, or whatever ironclad we disabled, was left with - colors down, evidently aground to prevent sinking, about one mile and - a half above the mouth of the Yazoo (in Old River), on the right-hand - bank, or bank across from Vicksburg. - - "I wish it to be remembered that we whipped this vessel, made it run - out of the fight and haul down colors, with two less guns than they - had; and at the same time fought two rams, which were firing at us - with great guns and small-arms; this, too, with our miscellaneous - crew, who had never, for the most part, been on board a ship, or at - big guns. - - "I am, General, very respectfully, your obedient servant, - - "J. N. BROWN, - - "_Lieutenant commanding._ - - "To Brigadier-General M. L. SMITH, _commanding defenses at - Vicksburg_." - -When entering the Mississippi the fleet of the enemy was found -disposed as a phalanx, but the heroic commander of the Arkansas moved -directly against it; and, though in passing through this formidable -array he was exposed to the broadsides of the whole fleet, the vessel -received no other injury than from one eleven-inch shot which entered -the gun-room, and the perforation in many places of her smoke-stack. -The casualties to the crew were five killed, four wounded--among the -latter was the gallant commander. General Van Dorn, commanding the -department, in a dispatch from Vicksburg, July 15th, states the -number of the enemy's vessels above Vicksburg, pays a high compliment -to the officers and men, and adds: - - "All the enemy's transports and all the vessels of war of the lower - fleet (i. e., the fleet just below Vicksburg), except a sloop of war, - have got up steam, and are off to escape from the Arkansas." - -A vessel inspiring such dread is entitled to a special description. -She was an iron-clad steamer, one hundred feet in her length, her -armament ten Parrott guns, and her crew one hundred men, who had -volunteered from the land-forces for the desperate service proposed. -Her commander had been from his youth in the navy of the United -States, and his capacity was such as could well supplement whatever -was wanted of naval knowledge in his crew. The care and skill with -which the vessel had been constructed were tested and proved under -fire. Had her engines been equal to the hull and armor of the vessel, -it is difficult to estimate the value of the service she might have -performed. At this period the enemy occupied Baton Rouge, with -gunboats lying in front of it to coöperate with the troops in the -town. The importance of holding a section of the Mississippi, so as -to keep free communication between the eastern and western portions -of the Confederacy, has been heretofore noticed. To this end it was -deemed needful to recover the possession of Baton Rouge, and it was -decided to make a land-attack in coöperation with the Arkansas, to be -sent down against the enemy's fleet. - -Major-General J. C. Breckinridge was assigned to the command of the -land-forces. This distinguished citizen and alike distinguished -soldier, surmounting difficulties which would have discouraged a less -resolute spirit, approached Baton Rouge, and moved to the attack at -the time indicated for the arrival of the Arkansas. In his address to -the officers and soldiers of his command, after the battle, viz., on -August 6, 1862, he compliments the troops on the fortitude with which -they had borne a severe march, on the manner in which they attacked -the enemy, superior in numbers and admirably posted, drove him from -his positions, taking his camps, and forcing him to seek protection -under cover of the guns of his fleet. Major-General Breckinridge -attributes his failure to achieve entire success to the inability of -the Arkansas to coöperate with his forces, and adds: - - "You have given the enemy a severe and salutary lesson, and now those - who so lately were ravaging and plundering this region do not care to - extend their pickets beyond the sight of their fleet." - -The Arkansas in descending the river moved leisurely, having ample -time to meet her appointment; but, when about fifteen miles above -Baton Rouge, her starboard engine broke down. Repairs were -immediately commenced, and, by 8 A.M. on the 5th of August, were -partially completed. General Breckinridge had commenced the attack at -four o'clock, and the Arkansas, though not in condition to engage the -enemy, moved on, and, when in sight of Baton Rouge, her starboard -engine again broke down, and the vessel was run ashore. The work of -repair was resumed, and next morning the Federal fleet was seen -coming up. The Arkansas was moored head down-stream and cleared for -action. The Essex approached and opened fire; at that moment the -engineers reported the engines able to work half a day. The lines -were cut, and the Arkansas started for the Essex, when the other-- -the larboard--engine suddenly stopped, and the vessel was again -secured to the shore stern-down. The Essex now valiantly approached, -pouring a hot fire into her disabled antagonist. Lieutenant Stevens, -then commanding the Arkansas, ordered the crew ashore, fired the -vessel, and, with her flag flying, turned her adrift--a sacrificial -offering to the cause she had served so valiantly in her brief but -brilliant career. Lieutenant Reed, of the ram Arkansas, in his -published account of the affair, states, "After all hands were -ashore, the Essex fired upon the disabled vessel most furiously." - - - - -CHAPTER XXX. - - Naval Affairs (continued).--Necessity of a Navy.--Raphael Semmes.-- - The Sumter.--Difficulties in creating a Navy.--The Sumter at Sea.-- - Alarm.--Her Captures.--James D. Bullock.--Laird's Speech in the - House of Commons.--The Alabama.--Semmes takes Command.--The Vessel - and Crew.--Goes to Sea.--Banks's Expedition.--Magruder at - Galveston.--The Steamer Hattaras Sunk.--The Alabama not a Pirate.-- - An Aspinwall Steamer ransomed.--Other Captures.--Prizes burned.-- - At Cherbourg.--Fight with the Kearsarge.--Rescue of the Men.-- - Demand of the United States Government for the Surrender of the - Drowning Men.--Reply of the British Government.--Sailing of the - Oreto.--Detained at Nassau.--Captain Maffit.--The Ship Half - Equipped.--Arrives at Mobile.--Runs the Blockade.--Her Cruise.-- - Capture and Cruise of the Clarence.--The Captures of the Florida.-- - Captain C. M. Morris.--The Florida at Bahia.--Seized by the - Wachusett.--Brought to Virginia and sunk.--Correspondence.--The - Georgia.--Cruises and Captures.--The Shenandoah.--Cruises and - Captures.--The Atlanta.--The Tallahassee.--The Edith. - - -To maintain the position assumed by the Confederate States as a -separate power among the nations, it was obviously necessary to have -a navy, not only for the defense of their coast, but also for the -protection of their commerce. These States, after their secession -from the Union, were in that regard in a destitute condition, similar -to that of the United States after their Declaration of Independence. - -It has been shown that among the first acts of the Confederate -Administration was the effort to buy ships which could be used for -naval purposes. The policy of the United States Government being to -shut up our commerce rather than protect their own, induced the -wholesale purchase of the vessels found in the Northern ports--not -only such as could be made fit for cruisers, but also any which would -serve even for blockading purposes. There was little shipping of any -kind in the Southern ports, and to that scanty supply we were, for -the time, restricted. - -A previous reference has been made to the Sumter, Commander Raphael -Semmes, but a more extended notice is considered due. Educated in the -naval service of the United States, Raphael Semmes had attained the -rank of commander, and was distinguished for his studious habits and -varied acquirements. When Alabama passed her ordinance of secession, -he was on duty at Washington as a member of the Lighthouse Board; he -promptly tendered his resignation, and, at the organization of the -Confederate Government, repaired to Montgomery and tendered his -services to it. The efforts which had been made to obtain steamers -suited to cruising against the enemy's commerce had been quite -unsuccessful, none being found which the naval officers charged with -their selection regarded fit for the service. One of the reports -described a small propeller-steamer of five hundred tons burden, -sea-going, low-pressure engine, sound, and capable of being so -strengthened as to carry an ordinary battery of four or five guns; -speed between nine and ten knots, but the board condemned her because -she could carry but five days' fuel, and had no accommodations for -the crew. - -The Secretary of the Navy showed this to Commander Semmes, who said: -"Give me that ship; I think I can make her answer the purpose." She -was to be christened the Sumter, in commemoration of our first -victory, and had the honor of being the first ship of war -commissioned by the Confederate States, and the first to display the -Stars and Bars of the Confederacy on the high-seas. The Sumter was at -New Orleans, to which place Commander Semmes repaired; and, as -forcibly presenting the difficulties under which we labored in all -attempts to create a navy, I will quote from his memoirs the account -of his effort to get the Sumter ready for sea: - - "I now took my ship actively in hand and set gangs of mechanics at - work to remove her upper cabins and other top hamper, preparatory to - making the necessary alterations. These latter were considerable, and - I soon found that I had a tedious job on my hands. It was no longer - the case, as it had been in former years, when I had had occasion to - fit out a ship, that I could go into a navy-yard, with well-provided - workshops and skilled workmen, ready with all the requisite materials - at hand to execute my orders. Everything had to be improvised, from - the manufacture of a water-tank to the kids and cans of the - berth-deck messes, and from a gun-carriage to a friction-primer. . . . - Two long, tedious months were consumed in making alterations and - additions. My battery was to consist of an eight-inch-shell gun, to - be pivoted amidships, and of four light thirty-two-pounders of - thirteen hundred weight each, in broadside." - -On the 3d of June, 1861, the Sumter was formally put in commission, -and a muster-roll of the officers and men transmitted to the Navy -Department. On the 18th of June she left New Orleans and steamed down -and anchored near the mouth of the river. While lying at the head of -the passes, the commander reported a blockading squadron outside, of -three ships at Passe a l'Outre, and one at the Southwest Pass. The -Brooklyn, at Passe a l'Outre, was not only a powerful vessel, but she -had greater speed than the Sumter. The Powhatan's heavy armament made -it very hazardous to pass her in daylight, and the absence of buoys -and lights made it next to impossible to keep the channel in -darkness. The Sumter, therefore, had been compelled to lie at the -head of the passes and watch for some opportunity in the absence of -either the Brooklyn or the Powhatan to get to sea. Fortunately, -neither of these vessels came up to the head of the passes, where, -there being but a single channel, it would have been easy to prevent -the exit of the Sumter. - -On the 30th of June, one bright morning, a boatman reported that the -Brooklyn had gone off in chase of a sail. Immediately the Sumter was -got under way, when it was soon discovered that the Brooklyn was -returning, and that the two vessels were about equally distant from -the bar. By steady courage and rare seamanship the Sumter escaped -from her more swift pursuer, and entered on her career of cutting the -enemy's sinews of war by destroying his commerce. - -Numerous armed vessels of the enemy were hovering on our coast, yet -this one little cruiser created a general alarm, and, though a -regularly commissioned vessel of the Confederacy, was habitually -denounced as a "pirate," and the many threats to destroy her served -only to verify the adage that the threatened live long. - -During her cruise up to January 17, 1862, she captured three ships, -five brigs, six barks, and three schooners, but the property -destroyed formed a very small part of the damage done to the enemy's -commerce. Her appearance on the seas created such alarm that Northern -ships were, to a large extent, put under foreign flags, and the -carrying-trade, in which the United States stood second only to Great -Britain, passed rapidly into other hands. The Sumter, while doing all -this mischief, was nearly self-sustaining, her running expenses to -the Confederate Government being but twenty-eight thousand dollars -when, at the close of 1861, she arrived at Gibraltar. Not being able -to obtain coal, she remained there until sold. - -Captain James D. Bullock, an officer of the old navy, of high ability -as a seaman, and of an integrity which stood the test under which a -less stern character might have given way, was our naval agent at -Liverpool. In his office he disbursed millions, and, when there was -no one to whom he could be required to render an account, paid out -the last shilling in his hands, and confronted poverty without -prospect of other reward than that which he might find id a clear -conscience. He contracted with the Messrs. Laird, of Birkenhead, to -build a strong steam merchant-ship--the same which was afterward -christened "The Alabama" when, in a foreign port, she had received -her armament and crew. So much of puerile denunciation has been -directed against the builder and the ship, which, in the virulent -language of the day, our enemies denominated a "pirate," that the -case claims at my hands a somewhat extended notice. - -The senior Mr. Laird was a member of the British Parliament, and, -because of the complaints made by the United States Government, and -the abuse heaped upon him by the Northern newspapers, he made a -speech in the House of Commons, in which he stated that, in 1861, he -was applied to to build vessels for the Northern Government, first, -by personal application, and subsequently by a letter from -Washington, asking him, on the part of the United States Navy -Department, to give the terms on which he would build an iron-plated -ship, "to be finished complete, with guns and everything -appertaining." Mr. Laird continued: "On the 14th of August I received -another letter from the same gentleman, from which the following is -an extract: 'I have this morning a note from the Assistant-Secretary -of the Navy, in which he says, "I hope your friends will tender for -the two iron-plated steamers."'" Mr. Laird then said that, while he -would not give the name of his correspondent, who was a gentleman of -the highest respectability, he was willing, in confidence, to submit -the original letters to the Speaker of the House or the first -Minister of the Crown; that, as "the American Government is making so -much work about other parties whom they charge with violating or -evading the law, when in reality they have not done so, I think it -only right to state these facts." - -Those who have listened with credulity to the abuse of the -Confederate Government, as well as that of Great Britain, the one for -contracting for the building of the Alabama and the other for -permitting her to leave a British port, will thus see how little of -sincerity there was in the complaints of the United States -Government. For more than a generation the British people have been -the great ship-builders of the world, and it is a matter of surprise -that they should have given respectful consideration to charges of a -breach of neutrality because they allowed a merchantman to be built -in one of their ports and to leave it without any armament or crew, -which could have enabled it, in that condition, to make war upon a -country with which Great Britain was at peace. - -Referring to the Alabama, as she was when she left the Mersey, Mr. -Laird said: - - "If a ship without guns and without arms is a dangerous article, - surely rifled guns and ammunition of all sorts are equally and even - more dangerous. I have referred to the bills of entry in the - custom-houses of London and Liverpool, and I find that there have - been vast shipments of implements of war to the Northern States - through the celebrated houses of Baring & Co.; Brown, Shipley & Co.; - and a variety of other names. . . . I have obtained from the official - custom-house returns some details of the sundries exported from the - United Kingdom to the Northern States of America from the 1st of May, - 1861, to the 31st of December, 1862. - There were--muskets, 41,500; rifles, 341,000; gun-flints, 26,500; - percussion-caps, 49,982,000; and swords, 2,250. The best information - I could obtain leads me to believe that one third to a half may be - added to these numbers for items which have been shipped to the - Northern States as hardware . . . so that, if the Southern States - have got two ships unarmed, unfit for any purpose of warfare--for - they procured their armament somewhere else--the Northern States - have been well supplied from this country, through the agency of some - most influential persons." - -The speech of Mr. Laird, exposing the hypocrisy of the -representations which had been made, as well by commercial bodies as -by the highest officers of the United States, called forth repeated -cheers from the Parliament. - -There had been no secrecy about the building of the Alabama. The same -authority above quoted states that she was frequently visited while -under construction, and it is known that the British Government was -applied to to prevent her from leaving port. It was feared that she -might be delayed; but it was not considered possible that British -authorities would prevent an unarmed merchant-ship from leaving her -coast, lest she might elsewhere procure an armament, and, in the -service of a recognized belligerent, revive the terror in the other -belligerent which the little Sumter had recently inspired. - -When the Alabama was launched and ready for sea, Captain Bullock -summoned Captain Semmes, lately commander of the Sumter, to -Liverpool, where he spent a few days in financial arrangements, and -in collecting the old officers of the Sumter. The Alabama, then known -as the 290, had proceeded a few days before to her rendezvous, the -Portuguese Island of Terceira, one of the group of the Azores. The -story that the name 290 belonged to the fact that she had been built -by two hundred and ninety Englishmen, sympathizers in our struggle, -was a mere fiction. She was built under a contract with the -Confederate States, and paid for with Confederate money. She happened -to be the two hundred and ninetieth ship built by the Lairds, and, -not having been christened, was called 290. Captain Semmes followed -her, accompanied by Captain Bullock on the steamer Bahama, and found -her at the place of rendezvous, also a sailing-ship which had been -dispatched before the Alabama with her battery and stores. Captain -Semmes, with a sailor's enthusiasm, describes his first impression on -seeing the ship which was to be his future home. The defects of the -Sumter had been avoided, so that he found his new ship "a perfect -steamer and a perfect sailing-ship, at the same time neither of her -two modes of locomotion being at all dependent upon the other. . . . -She was about nine hundred tons burden, two hundred and thirty feet -in length, thirty-two feet in breadth, twenty feet in depth, and -drew, when provisioned and coaled for a cruise, fifteen feet of -water. Her model was of the most perfect symmetry, and she sat upon -the water with the lightness and grace of a swan." She was yet only a -merchant-ship, and the men on board of her, as well as those who came -out with the Captain on the Bahama, were only under articles for the -voyage. She therefore had no crew for future service. When her -armament and stores had been put on board, she steamed from the -harbor out to the open sea, where she was to be christened and put in -commission. Captain Bullock went out on her and stood sponsor at the -ceremony. He had just cause to be proud of the ship, and we to be -thankful to him for the skill and care with which he had designed her -and supervised her construction. The scantling of the vessel was -comparatively light, having been intended for a scourge to the -enemy's commerce rather than for battle, and merely to defend herself -if it became necessary. Her masts were proportioned so as to carry -large canvas, and her engine was of three hundred horse-power, with -an apparatus for condensing vapor to supply the crew with all the -fresh water requisite. The coal, stores, and armament having been -received from the supply-ships, she steamed out to sea on Sunday -morning, August 24, 1862. There, more than a marine league from the -shore, on the blue water over which man holds no empire, Captain -Semmes read the commission of the President of the Confederacy -appointing him a captain, and the order of the Secretary of the Navy -assigning him to the command of the Alabama. There, where no -government held jurisdiction, where the commission of the Confederacy -was as valid as that of any power, the Alabama was christened, and -was henceforth a ship of war in the navy of the Confederate States. -The men who had come thus far under articles no longer binding were -left to their option whether to be paid off with a free passage to -Liverpool, or to enlist in the crew of the Alabama. Eighty of the men -who had come out in the several vessels enrolled themselves in the -usual manner. Captain Semmes had a full complement of officers, and -with this, though less than the authorized crew, he commenced his -long and brilliant cruise. The ship's armament consisted of six -thirty-two-pounders in broadsides and two pivot-guns amidships, one -of them a smooth-bore eight-inch, the other a hundred-pounder rifled -Blakely. - -Captain Semmes, from his varied knowledge of affairs both on sea and -land, did not sail by chance in quest of adventure, but directed his -course to places where the greatest number of the enemy's merchantmen -were likely to be found, and to this the large number of captures he -made is in no small degree attributable. On board one of the ships -captured they got New York papers, from which he learned that General -Banks, with a large fleet of transports, was to sail on a certain day -for Galveston. On this he decided to go to the rendezvous appointed -for his coal-ship, and make all due preparation for a dash into the -fleet when they should arrive at the harbor of Galveston, and -therefore directed his course into the Gulf of Mexico. - -In the mean time General Magruder had recaptured Galveston, so that -on his arrival the lookout informed him that, instead of a fleet, -there were five ships of war blockading the harbor and throwing -shells into the town, from which his keen perception drew the proper -conclusion that we had possession of the town, and that he was -confronted by ships of war, not transports laden with troops. As each -of the five ships observed by the lookout were supposed to be larger -than his own, he had of course no disposition to run into that fleet. -It therefore only remained to tempt one of the ships to follow him -beyond supporting distance. The hope was soon realized, as a vessel -was seen to come out from the fleet. The Alabama was under sail, and -Captain Semmes says: "To carry out my design of decoying the enemy, I -now wore ship as though I were fleeing from his pursuit, and lowered -the propeller into the water. When about twenty miles from the fleet, -the Alabama was prepared for action, and wheeled to meet her pursuer. -To the first hail made, the answer from the Alabama was, 'This is her -Britannic Majesty's steamer Petrel,' and the answer was, 'This is the -United States ship, ------' name not heard." Captain Semmes then -directed the first lieutenant to call out through his trumpet, "This -is the Confederate States steamer Alabama." A broadside was instantly -returned by the enemy. Captain Semmes describes the state of the -atmosphere as highly favorable to the conduct of sound, and the wind -blowing in the direction of the enemy's fleet. The Federal Admiral, -as afterward learned, immediately got under way with the Brooklyn and -two others of his steamers to go to the rescue. The crews of both -ships must have been standing at their guns, as the broadsides so -instantly followed each other. In thirteen minutes after firing the -first gun the enemy hoisted a light and fired an off-gun as a signal -that he had been beaten. Captain Semmes steamed quite close to the -Hatteras and asked if he had surrendered; then, if he was in want of -assistance. An affirmative answer was given to both questions. The -boats of the Alabama were lowered with such promptitude and handled -with such care that, though the Hatteras was sunk at night, none of -her crew were drowned. When her captain came on board, Captain Semmes -learned that he had been engaged with the United States steamer -Hatteras, "a larger ship than the Alabama by one hundred tons," with -an equal number of guns, and a crew numbering two less than that of -the Alabama. There was a "considerable disparity between the two -ships in the weight of their pivot-guns, and the Alabama ought to -have won the fight, which she did in thirteen minutes." The Alabama -had received no appreciable injury, and, continuing her cruise to the -Island of Jamaica, entered the harbor of Port Royal, where, by the -permission of the authorities. Captain Semmes landed his prisoners, -putting them on parole. - -As an answer to the stereotyped charges against Captain Semmes as a -"pirate" and robber, I will select from the many unarmed ships -captured by him one case. He had gone to the track of the California -steamers between Aspinwall and New York, in the hope of capturing a -vessel homeward bound with Government treasure. On the morning before -such a vessel was expected, a large steamer, the Ariel, was seen, but -unfortunately not going in the right direction. An exciting chase -occurred, when she was finally brought to, but, instead of the -million of dollars in her safe, she was outward bound, with a large -number of women and children on board. A boarding officer was sent on -her, and returned, giving an account of great alarm, especially among -the ladies. Captain Semmes sent a lieutenant on board to assure them -that they had "fallen into the hands of Southern gentlemen, under -whose protection the were entirely safe." Among the passengers were a -battalion of marines and some army and navy officers. These were all -paroled, rank and file numbering one hundred and forty, and the -vessel was released on ransom-bond. Captain Semmes states that there -were five hundred passengers on board. It is fair to presume that -each passenger had with him a purse of from three to five hundred -dollars. Under the laws of war all this money would have been good -prize, but not one dollar of it was touched, or indeed so much as a -passenger's baggage examined. - -The Alabama now proceeded to run down the Spanish Main, thence bore -eastward into the Indian Ocean, and, after a cruise into every sea -where a blow at American commerce could be struck, came around the -Cape of Good Hope, and, sailing north, ran up to the thirtieth -parallel, where so many captures had been made at a former time. Of -the ship at this date Captain Semmes wrote: "The poor old Alabama was -not now what she had been then. She was like the wearied fox-hound, -limping back after a long chase, foot-sore, and longing for quiet -repose." - -She had, in her mission to cripple the enemy's commerce and cut his -sinews of war, captured sixty-three vessels, among them one of the -enemy's gunboats, the Hatteras, sunk in battle, had released nine -under ransom-bond, and had paroled all prisoners taken. - -All neutral ports being closed against her prizes, the rest of the -vessels were, of necessity, burned at sea. Much complaint was made on -account of the burning of these merchantmen, though very little -reflection would have taught the complainants that the interests of -the captor would have induced him to save the vessels, and send them -into the nearest port for condemnation as prizes; and, therefore, -whatever grievance existed was the result of the blockade and of the -rule which prevented the captures from being sent into a neutral port -to await the decision of a prize court. - -On the morning of the 11th of June, 1864, the Alabama entered the -harbor of Cherbourg. "An officer was sent to call on the port -admiral, and ask leave to land the prisoners from the last two ships -captured; this was readily granted." The next day Captain Semmes went -on shore to consult the port admiral "in relation to docking and -repairing" the Alabama. As there were only government docks at -Cherbourg, the application had to be referred to the Emperor. Before -an answer was received, the Kearsarge steamed into the harbor, sent a -boat ashore, and then ran out and took her station off the -breakwater. Captain Semmes learned that the boat from the Kearsarge -sent on shore had borne a request that the prisoners discharged from -the Alabama might be delivered to the Kearsarge. It will be -remembered that the Government of the United States, in many harsh -and unjust phrases, had refused to recognize the Alabama as a ship of -war, and held that the paroles given to her were void. This request -was therefore regarded by Captain Semmes as an attempt to recruit for -the Kearsarge from the prisoners lately landed by the Alabama, and he -so presented the facts to the port admiral, who rejected the -application from the Kearsarge. - -Captain Semmes sent notice to Captain Winslow, of the Kearsarge, -whose presence in the offing was regarded as a challenge, that, if he -would wait until the Alabama could receive some coal on board, she -would come out and give him battle. - -As has been shown by extracts previously made, Captain Semmes knew -that, after his long cruise, the Alabama needed to go into dock for -repairs. It had not been possible for him, on account of the rigid -enforcement of "neutrality," to replenish his ammunition. Unless the -niter is more thoroughly purified than is usually, if ever, done by -those who manufacture for an open market, it is sure to retain -nitrate of soda, and the powder, of which it is the important -ingredient, to deteriorate by long exposure to a moist atmosphere. -The Kearsarge was superior to the Alabama in size, and, having in -stanchness of construction, her armament was also greater, the latter -being measured, not by the number of guns, but by the amount of metal -she could throw at a broadside. The crew of the Kearsarge, all told, -was one hundred and sixty-two; that of the Alabama, one hundred and -forty-nine. Captain Semmes says: "Still the disparity was not so -great but that I might hope to beat my enemy in a fair fight. But he -did not show me a fair fight, for, as it afterward turned out, his -ship was iron-clad." This expression "iron-clad" refers to the fact -that the Kearsarge had chains on her sides, which Captain Semmes -describes as concealed by planking, the forward and after ends of -which so accorded with the lines of the ship as not to be detected by -telescopic observation. Many of that class of critics whose wisdom is -only revealed after the event have blamed Captain Semmes for going -out under the circumstances. Like most other questions, there are two -sides to this. If he had gone into dock for repairs, the time -required would have resulted in the dispersion of his crew, and, from -the known improvidence of sailors, it would have been more than -doubtful whether they could have been reassembled. It was, moreover, -probable that other vessels would have been sent to aid the Kearsarge -in effectually blockading the port, so that, if his crew had -returned, the only chance would have been to escape through the -guarding fleet. Proud of his ship, and justly confiding in his crew, -surely something will be conceded to the Confederate spirit so often -exhibited and so often triumphant over disparity of force. - -On the 19th of June, 1864, the Alabama left the harbor of Cherbourg -to engage the Kearsarge, which had been lying off and on the port for -several days previously. Captain Semmes in his report of the -engagement writes: - - "After the lapse of about one hour and ten minutes, our ship was - ascertained to be in a sinking condition . . . to reach the French - coast, I gave the ship all steam, and set such of the fore and aft - sails as were available. The ship filled so rapidly, however, that, - before we had made much progress, the fires were extinguished. I now - hauled down my colors, and dispatched a boat to inform the enemy of - our condition. Although we were now but four hundred yards from each - other, the enemy fired upon me five times after my colors had been - struck. It is charitable to suppose that a ship of war, of a - Christian nation, could not have done this intentionally." - -Captain Semmes states that, his waist-boats having been torn to -pieces, he sent the wounded, and such of the boys of the ship as -could not swim, in his quarter-boats, off to the enemy's ship, and, -as there was no appearance of any boat coming from the enemy, the -crew, as previously instructed, jumped overboard, each to save -himself if he could. All the wounded--twenty-one--were saved; ten -of the crew were ascertained to have been drowned. Captain Semmes -stood on the quarter-deck until his ship was settling to go down, -then threw his sword into the sea, there to lie buried with the ship -he loved so well, and leaped from the deck just in time to avoid -being drawn down into the vortex created by her sinking. He and many -of his crew were picked up by a humane English gentleman in the boats -of his yacht, the Deerhound. Others were saved by two French -pilot-boats which were near the scene. The remainder, it is hoped, -were picked up by the enemy. Captain Semmes states in his official -report, two days after the battle, that about the time of his rescue -by the Deerhound the "Kearsarge sent one and then tardily another -boat." The reader is invited to compare this with the conduct of -Captain Semmes when he sank the Hatteras, and when, though it was in -the night, by ranging up close to her, and promptly using all his -boats, he saved her entire crew. - -Mention has been made of the defective ammunition of the Alabama, and -in that connection I quote the following passage from Captain -Semmes's book, on which I have so frequently and largely drawn for -facts in regard to the Sumter and the Alabama (pages 761, 762): - - "I lodged a rifle percussion shell near to her [the Kearsarge's] - sternpost--where there were no chains--which failed to explode - because of the defect of the cap. If the cap had performed its duty, - and exploded the shell, I should have been called upon to save - Captain Winslow's crew from drowning, instead of his being called - upon to save mine." - -As it appears by the same authority that the Kearsarge had greater -speed than the Alabama, it followed that, though the Captain of the -Kearsarge might have closed with and boarded the Alabama, the Captain -of the Alabama could not board the Kearsarge, unless by consent. - -The Alabama, built like a merchant-ship, sailed in peaceful garb from -British waters, on a far-distant sea received her crew and armament, -fitted for operations against the enemy's commerce. On "blue-water" -she was christened, and in the same she was buried. She lived the -pride of her friends and the terror of her enemies. She went out to -fight a wooden vessel and was sunk by one clad in secret armor. Those -rescued by the Deerhound from the water were landed at Southampton, -England. - -The United States Government then, through its minister, Mr. Charles -Francis Adams, made the absurd demand of the English Government that -they should be delivered up to her as escaped prisoners. To this -demand Lord John Russell replied as follows: - - "With regard to the demand made by you, by instructions from your - Government, that those officers and men should now be delivered up to - the Government of the United States, as being escaped prisoners of - war, her Majesty's Government would beg to observe that there is no - obligation by international law which can bind the government of a - neutral state to deliver up to a belligerent prisoners of war who may - have escaped from the power of such belligerent, and may have taken - refuge within the territory of such neutral. Therefore, even if her - Majesty's Government had any power, by law, to comply with the - above-mentioned demand, her Majesty's Government could not do so - without being guilty of a violation of the duties of hospitality. In - point of fact, however, her Majesty's Government have no lawful power - to arrest and deliver up the persons in question. They have been - guilty of no offense against the laws of England, and they have - committed no act which would bring them within the provisions of a - treaty between Great Britain and the United States for the surrender - of the offenders; and her Majesty's Government are, therefore, - entirely without any legal means by which, even if they wished to do - so, they could comply with your above-mentioned demand." - -It will be observed that her Majesty's Minister mercifully forbore to -expose the pretensions that "the persons in question" had been -prisoners, and confined his answer to the case as it would have been -had that allegation been true. There are other points in this -transaction which will be elsewhere presented. - -The Oreto, which sailed from Liverpool about the 23d of March, 1862, -was, while under construction at Liverpool, the subject of diplomatic -correspondence and close scrutiny by the customs officers. After her -arrival off Nassau, upon representations by the United States consul -at that port, she was detained and again examined, and, it being -found that she had none of the character of a vessel of war, she was -released. Captain Maffitt, who had gone out with a cargo of cotton, -here received a letter which authorized him to take charge of the -Oreto and get her promptly to sea. She was a steamer of two hundred -and fifty horse-power, tonnage five hundred and sixty, bark-rigged; -speed, under steam, eight to nine knots; with sail, in a fresh -breeze, fourteen knots; crew twenty-two, all told. The United States -Minister, Mr. Adams, had made a report to the British Government, -which, it was apprehended, would cause her seizure at once. This was -soon done, and with great difficulty the vessel was saved to the -Confederacy by her commander. She arrived at Nassau on the 28th of -April, and was detained until the session of the Admiralty Court in -August. As soon as discharged by the proceedings therein, she sailed -for the uninhabited island "Green Kay," ninety miles to the southward of -Providence Island, with a tender in tow having equipments provided by -a Confederate merchant, where she anchored the next day, and -proceeded to take on board her military armament sent out on the -tender. She now became a ship of the Confederate Navy, and was -christened Florida. Her long detention in Nassau had caused the ship -to be infected with yellow fever, and, as she had no surgeon on -board, the vessel was directed to the Island of Cuba, and ran into -the harbor of Cardenas for aid. The crew was reduced to one fireman -and two seamen, and eventually the Captain was prostrated by the -fever. The Governor of Cardenas, under his view of the neutrality -proclaimed by his Government, refused to send a physician aboard, and -warned the steamer that she must leave in twenty-four hours. -Lieutenant Stribling, executive officer of the ship, had been sent to -Havana to report her condition to the Captain-General, Marshal -Serrano. That chivalrous gentleman, soldier, and statesman, at once -invited the ship to the hospitalities of the harbor of Havana, -whither she repaired and received the kindness which her forlorn -situation required. - -On the 1st of September, 1862, the vessel left Havana to obtain a -crew; and, to complete her equipment, which was so imperfect that her -guns could not all be used, the vessel was directed to the harbor of -Mobile. On approaching that harbor she found several blockading -vessels on the station, and boldly ran through them, escaping, with -considerable injury to her masts and rigging, to the friendly shelter -of Fort Morgan, where, while in quarantine, Lieutenant Stribling was -attacked with fever and died. He was an officer of great merit, and -his loss was much regretted, not only by his many personal friends, -but by all who foresaw the useful service he could render to his -country if his life were prolonged. Under the disadvantages of being -an infected ship and remote from the workshops, repairs were -commenced, and the equipment of the ship completed. - -In the mean time the blockading squadron had been increased, with the -boastful announcement that the cruiser should be "hermetically -sealed" in the harbor of Mobile. Some impatience was manifested after -the vessel was ready for sea that she did not immediately go out, but -Captain Maffitt, with sound judgment and nautical skill, decided to -wait for a winter storm and a dark night before attempting to pass -through the close investment. When the opportunity offered, he -steamed out into a rough sea and a fierce north wind. As he passed -the blockading squadron he was for the first time discovered, when a -number of vessels gave chase, and continued the pursuit throughout -the night and the next day. In the next evening all except the two -fastest had hauled off, and, as night again closed in, the smoke and -canvas of the Florida furnished their only guide. Captain Maffitt -thus describes the ruse by which he finally escaped: "The canvas was -secured in long, neat bunts to the yards, and the engines were -stopped. Between high, toppling seas, clear daylight was necessary to -enable them to distinguish our low hull. In eager pursuit the -Federals swiftly passed us, and we jubilantly bade the enemy good -night, and steered to the northward." She was now fairly on the -high-seas, and after long and vexatious delays entered on her mission -to cruise against the enemy's commerce. She commenced her captures in -the Gulf of Mexico, then progressed through the Gulf of Florida to -the latitude of New York, and thence to the equator, continuing to 12 -deg. south, and returned again within thirty miles of New York. When -near Cape St. Roque, Captain Maffitt captured a Baltimore brig, the -Clarence, and fitted her out as a tender. He placed on her Lieutenant -C. W. Read, commander, fourteen men, armed with muskets, pistols, and -a twelve-pound howitzer. The instructions were to proceed to the -coast of America, to cruise against the enemy's commerce. Under these -orders he destroyed many Federal vessels. Of him Captain Maffitt -wrote: "Daring, even beyond the point of martial prudence, he entered -the harbor of Portland at midnight, and captured the revenue cutter -Caleb Cushing; but, instead of instantly burning her, ran her out of -the harbor; being thus delayed, he was soon captured by a Federal -expedition sent out against him." While under the command of Captain -Maffitt, the Florida, with her tenders, captured some fifty-five -vessels, many of which were of great value. The Florida being built -of light timbers, her very active cruising had so deranged her -machinery, that it was necessary to go into some friendly harbor for -repairs. Captain Maffitt says: "I selected Brest, and, the Government -courteously consenting to the Florida having the facilities of the -navy-yard, she was promptly docked." The effects of the yellow fever -from which he had suffered and the fatigue attending his subsequent -service had so exhausted his strength that he asked to be relieved -from command of the ship. In compliance with this request, Captain C. -M. Morris was ordered to relieve him. - -After completing all needful repairs, Captain Morris proceeded to sea -and sighted the coast of Virginia, where he made a number of -important captures. Turning from that locality he crossed the -equator, destroying the commerce of the Northern States on his route -to Bahia. Here he obtained coal, and also had some repairs done to -the engines, when the United States steamship Wachusett entered the -harbor. Not knowing what act of treachery might be attempted by her -commander on the first night after his arrival, the Florida was kept -in a watchful condition for battle. - -This belligerent demonstration in the peaceful harbor of a neutral -power alarmed both the governor and the admiral, who demanded -assurances that the sovereignty of Brazil and its neutrality should -be strictly observed by both parties. The pledge was given. In the -evening, with a chivalric belief in the honor of the United States -commander, Captain Morris unfortunately permitted a majority of his -officers to accompany him to the opera, and also allowed two thirds -of the crew to visit the shore on leave. About one o'clock in the -morning the Wachusett was surreptitiously got under way, and her -commander, with utter abnegation of his word of honor, ran into the -Florida, discharging his battery and boarding her. The few officers -on board and small number of men were unable to resist this -unexpected attack, and the Florida fell an easy prey to this covert -and dishonorable assault. She was towed to sea amid the execrations -of the Brazilian forces, army and navy, who, completely taken by -surprise, fired a few ineffectual shots at the infringer upon the -neutrality of the hospitable port of Bahia. The Confederate was taken -to Hampton Roads. - -Brazil instantly demanded her restoration intact to her late -anchorage in Bahia. Mr. Lincoln was confronted by a protest from the -different representatives of the courts of Europe, denouncing this -extraordinary breach of national neutrality, which placed the -Government of the United States in a most unenviable position. Mr. -Seward, with his usual diplomatic insincerity and Machiavellianism, -characteristically prevaricated, while he plotted with a -distinguished admiral as to the most adroit method of disposing of -the "elephant." The result of these plottings was that an engineer -was placed in charge of the stolen steamer, with positive orders to -"open her sea-cock at midnight, and not to leave the engine-room -until the water was up to his chin, as at sunrise _the Florida must -be at the bottom_." The following note was sent to the Brazilian -_chargé d'affaires_ by Mr. Seward: - - "While awaiting the representations of the Brazilian Government, on - the 28th of November she [the Florida] sank, owing to a leak, which - could not be seasonably stopped. The leak was at first represented to - have been caused, or at least increased, by collision with a - war-transport. Orders were immediately given to ascertain the manner - and circumstances of the occurrence. It seemed to affect the army and - navy. A naval court of inquiry and also a military court of inquiry - were charged with the investigation. The naval court has submitted - its report, and a copy thereof is herewith communicated. The military - court is yet engaged. So soon as its labors shall have ended, the - result will be made known to your Government. In the mean time it is - assumed that the loss of the Florida was in consequence of some - unforeseen accident, which casts no responsibility on the Government - of the United States." - -The restitution of the ship having thus become impossible, the -President expressed his regret that "the sovereignty of Brazil had -been violated; dismissed the consul at Bahia, who had advised the -offense; and sent the commander of the Wachusett before a -court-martial." [58] - -The commander of the Wachusett experienced no annoyance, and was soon -made an admiral. - -The Georgia was the next Confederate cruiser that Captain Bullock -succeeded in sending forth. She was of five hundred and sixty tons, -and fitted out on the coast of France. Her commander, W. L. Maury, -Confederate States Navy, cruised in the North and South Atlantic with -partial success. The capacity of the vessel in speed and other -essentials was entirely inadequate to the service for which she was -designed. She proceeded as far as the Cape of Good Hope, and -returned, after having captured seven ships and two barks. Then she -was laid up and sold. - -The Shenandoah, once the Sea King, was purchased by Captain Bullock, -and placed under the command of Lieutenant-commanding J. J. Waddell, -who fitted her for service under many difficulties at the barren -island of Porto Santo, near Madeira. After experiencing great -annoyances, through the activity of the American consul at Melbourne, -Australia, Captain Waddell finally departed, and commenced an active -and effective cruise against American shipping in the Okhotak Sea and -Arctic Ocean. In August, 1865, hearing of the close of the war, he -ceased his pursuit of United States commerce, sailed for Liverpool, -England, and surrendered his ship to the English Government, which -transferred it to the Government of the United States. The Shenandoah -was a full-rigged ship of eight hundred tons, very fast under -canvass. Her steam-power was merely auxiliary. - -This was the last but not the first appearance of the Confederate -flag in Great Britain; the first vessel of the Confederate Government -which unfurled it there was the swift, light steamer Nashville, E. B. -Pegram, commander. Having been constructed as a passenger-vessel, and -mainly with reference to speed and the light draught suited to the -navigation of the Southern harbors, she was quite too frail for war -purposes and too slightly armed for combat. - -On her passage to Europe and back, she, nevertheless, destroyed two -merchantmen. Nearing the harbor on her return voyage, she found it -blockaded, and a heavy vessel lying close on her track. Her daring -commander headed directly for the vessel, and ran so close under her -guns that she was not suspected in her approach, and had passed so -far before the guns could be depressed to bear upon her that none of -the shots took effect. Being little more than a shell, a single shot -would have sunk her; and she was indebted to the address of her -commander and the speed of his vessel for her escape. Wholly unsuited -for naval warfare, this voyage terminated her career. - -A different class of vessels than those adapted to the open sea was -employed for coastwise cruising. In the month of July, 1864, a swift -twin-screw propeller called the Atlanta, of six hundred tons burden, -was purchased by the Secretary of the Navy, and fitted out in the -harbor of Wilmington, North Carolina, for a cruise against the -commerce of the Northern States. Commander J. Taylor Wood, an officer -of extraordinary ability and enterprise, was ordered to command her, -and her name was changed to "The Tallahassee." This extemporaneous -man-of-war ran safely through the blockade, and soon lit up the New -England coast with her captures, which consisted of two ships, four -brigs, four barks, and twenty schooners. Great was the consternation -among Northern merchants. The construction of the Tallahassee -exclusively for steam made her dependent on coal; her cruise was of -course brief, but brilliant while it lasted. - -About the same time another fast double-screw propeller of five -hundred and eighty-five tons, called the Edith, ran into Wilmington, -North Carolina, and the Navy Department requiring her services, -bought her and gave to her the name of "Chickamauga." A suitable -battery was placed on board, with officers and crew, and Commander -John Wilkinson, a gentleman of consummate naval ability, was ordered -to command her. When ready for sea, he ran the blockade under the -bright rays of a full moon. Strange to say, the usually alert -sentinels neither hailed nor halted her. Like the Tallahassee, though -partially rigged for sailing, she was exclusively dependent upon -steam in the chase, escape, and in all important evolutions. She -captured seven vessels, despite the above-noticed defects. - - -[Footnote 58: M. Bernard's "Neutrality of Great Britain during the American -Civil War."] - - - - -CHAPTER XXXI. - - Naval Affairs (concluded).--Excitement in the Northern States on the - Appearance of our Cruisers.--Failure of the Enemy to protect their - Commerce.--Appeal to Europe not to help the So-called "Pirates."-- - Seeks Iron-plated Vessels in England.--Statement of Lord Russell.-- - What is the Duty of Neutrals?--Position taken by President - Washington.--Letter of Mr. Jefferson.--Contracts sought by United - States Government.--Our Cruisers went to Sea unarmed.--Mr. Adams - asserts that British Neutrality was violated.--Reply of Lord - Russell.--Rejoinder of Mr. Seward.--Duty of Neutrals relative to - Warlike Stores.--Views of Wheaton; of Kent.--Charge of the Lord - Chief Baron in the Alexandra Case.--Action of the Confederate - Government sustained.--Antecedents of the United States - Government.--The Colonial Commissions.--Build and equip Ships in - Europe.--Captain Conyngham's Captures.--Made Prisoner.-- - Retaliation.--Numbers of Captures.--Recognition of Greece.-- - Recognition of South American Cruisers.--Chief Act of Hostility - charged on Great Britain by the United States Government.--The - Queen's Proclamation: its Effect.--Cause of the United States - Charges.--Never called us Belligerents.--Why not?--Adopts a - Fiction. The Reason.--Why denounce our Cruisers as "Pirates"?-- - Opinion of Justice Greer.--Burning of Prizes.--Laws of Maritime - War.--Cause of the Geneva Conference.--Statement of American - Claims.--Allowance.--Indirect Damages of our Cruisers.--Ships - transferred to British Registers.--Decline of American Tonnage.-- - Decline of Export of Breadstuffs.--Advance of Insurance. - - -The excitement produced in the Northern States by the effective -operations of our cruisers upon their commerce was such as to receive -the attention of the United States Government. Reasonably, it might -have been expected that they would send their ships of war out on the -high-seas to protect their commerce by capturing or driving off our -light cruisers, but, instead of this, their fleets were employed in -blockading the Confederate ports, or watching those in the West -Indies, from which blockade-runners were expected to sail, and, by -capturing which, either on the high-seas or at the entrance of a -Confederate port, a harvest of prizes might be secured. For this -dereliction of duty, in the failure to protect commerce, no better -reason offers itself than greed and malignity. There was, however, in -this connection, a more humiliating feature in the conduct of the -United States Government. - -While, from its State Department, the Confederacy was denounced as an -insurrection soon to be suppressed, and the cruisers, regularly -commissioned by the Confederate States, were called "pirates," -diplomatic demands were made upon Great Britain to prevent the -so-called "pirates" from violating international law, as if it -applied to pirates. Appeals to that Government were also made to -prevent the sale of the materials of war to the Confederacy, and thus -indirectly to aid the United States in performing what, according to -the representation, was a police duty, to suppress a combination of -some evil-disposed persons--gallantly claiming that they, armed -_cap-a-pie_, should meet their adversary in the list, he to be -without helmet, shield, or lance. - -To one who from youth to age had seen, with exultant pride, the flag -of his country as it unfolded, disclosing to view the stripes -recordant of the original size of the family of States, and the -Constellation, which told of that family's growth, it could but be -deeply mortifying to witness such paltry exhibition of deception and -unmanliness in the representatives of a Government around which fond -memories still linger, despite the perversion of which it was the -subject. - -If this attempt, on the part of the United States, to deny the -existence of war after having, by proclamation of blockade, compelled -all nations to take notice that war did exist, and to claim that -munitions should not be sold to a country because there were some -disorderly people in it, had been all, the attempt would have been -ludicrously absurd, and the contradiction too bald to require -refutation; but this would have been but half of the story. -Subsequently the United States Government claimed reclamation from -Great Britain for damage inflicted by vessels which had been built in -her ports, and which had elsewhere been armed and equipped for -purposes of war. International law recognizes the right of a neutral -to sell an unarmed vessel, without reference to the use to which the -purchaser might subsequently apply it. The United States Government -had certainly not practiced under a different rule, but had gone even -further than this--so much further as to transgress the prohibition -against armed vessels. - -It has already been stated that the Government of the United States, -at the commencement of the war, sought to contract for the -construction of iron-plated vessels in the ports of England, which -were to be delivered fully armed and equipped to her. To this it may -be added that her armies were recruited from almost all the countries -of Europe, down almost to the last month of the war; a portion of -their arms were of foreign manufacture, as well as the munitions of -war; a large number of the sailors of her fleets came from the -seaports of Great Britain and Germany; in a word, whatever could be -of service to her in the conflict was unhesitatingly sought among -neutrals, regardless of the law of nations. At the same time an -effort was made on her part to make Great Britain responsible for the -damage done by our cruisers, and for the warlike stores sold to our -Government. - -Some statements of Lord Russell on this point, in a letter to -Minister Adams, dated December 19, 1862, deserve notice. He says: - - "It is right, however, to observe that the party which has profited - by far the most by these unjustifiable practices, has been the - Government of the United States, because that Government, having a - superiority of force by sea, and having blockaded most of the - Confederate ports, has been able, on the one hand, safely to receive - all the warlike supplies which it has induced British manufacturers - and merchants to send to the United States ports in violation of the - Queen's proclamation; and, on the other hand, to intercept and - capture a great part of the supplies of the same kind which were - destined from this country to the Confederate States. - - "If it be sought to make her Majesty's Government responsible to that - of the United States because arms and munitions of war have left this - country on account of the Confederate Government, the Confederate - Government, as the other belligerent, may very well maintain that it - has a just cause of complaint against the British Government because - the United States arsenals have been replenished from British - sources. Nor would it be possible to deny that, in defiance of the - Queen's proclamation, many subjects of her Majesty, owing allegiance - to her crown, have enlisted in the armies of the United States. Of - this fact you can not be ignorant. Her Majesty's Government, - therefore, has just ground for complaint against both of the - belligerent parties, but most especially against the Government of - the United States, for having systemically, and in disregard of the - comity of nations which it was their duty to observe, induced - subjects of her Majesty to violate those orders which, in conformity - with her neutral position, she has enjoined all her subjects to obey." - -Perhaps it may be well to inquire what is, under international law, -the duty of neutral nations with regard to the construction and -equipment of cruisers for either belligerent, and the supply of -warlike stores. Thus the groundlessness of the claims put forth by -the Government of the United States for damages to be paid by Great -Britain will be more manifest, and the lawfulness of the acts of the -Confederate Government demonstrated. - -After the outbreak of the French Revolution in 1789, the Government -of France, owing to the temporary inferiority of her naval force, -openly and deliberately equipped privateers in our ports. These -privateers captured British vessels in United States waters, and -brought them as prizes into United States ports. These facts formed -the basis of demands made upon the United States by the British -plenipotentiary. The demands had reference, not to the accidental -evasion of a municipal law of the United States by a particular ship, -but to a systematic disregard of international law upon some of the -most important points of neutral obligation. - -To these demands Mr. Jefferson, then Secretary of State under -President Washington, thus replied on September 3, 1793: - - "We are bound by our treaties with three of the belligerent nations, - by all the means in our power, to protect and defend their vessels - and effects in our ports or waters, or on the seas near our shores, - and to recover and restore the same to the right owners when taken - from them. If all the means in our power are used, and fail in this - effort, we are not bound by our treaties with those nations to make - compensation. Though we have no similar treaty with Great Britain, it - was the opinion of the President that we should use toward that - nation the same rule which, under this Article, was to govern us with - other nations, and even to extend it to the captures made on the - high-seas and brought into our ports, if done by vessels which had - been armed within them." - -It will be observed that the justice of restitution, or compensation, -for captures made on the high-seas and brought into our ports, is -only admitted by President Washington upon one condition, which is -expressed in these words: "If done by vessels which had been armed -within them." The terms of the contract, which the Government of the -United States endeavored to make at the ship-yards of England, were -for the delivery of the ship or ships of war, "to be finished -complete, with guns and everything appertaining." The contract was -not taken, as too little time was allowed for its execution. But, if -entered into and executed, it would have been a direct violation of -international law. - -In the instance of our cruisers built in the ports of England, it -will be observed that they went to sea without arms or warlike -stores, and, at other ports than those of Great Britain, they were -converted into ships of war and put into commission by the authority -of the Confederate Government. The Government of the United States -asserted that they were built in the ports of Great Britain, and -thereby her duty of neutrality was violated, and the Government made -responsible for the damages sustained by private citizens of the -United States in consequence of her captures on the seas. To this -declaration of Mr. Adams, Earl Russell (he had been made an earl) -replied on September 14, 1863, thus: - - "When the United States Government assumes to hold the Government of - Great Britain responsible for the captures made by vessels which may - be fitted out as vessels of war in a foreign port, because such - vessels were originally built in a British port, I have to observe - that such pretensions are entirely at variance with the principles of - international law, and with the decisions of American courts of the - highest authority; and I have only, in conclusion, to express my hope - that you may not be instructed again to put forward claims which her - Majesty's Government can not admit to be founded on any grounds of - law or justice." - -On October 6, 1863, Mr. Seward, the Secretary of State of the United -States Government, replied to this declaration of Earl Russell, -saying: - - "The United States do insist, and must continue to insist, that the - British Government is justly responsible for the damages which the - peaceful, law-abiding citizens of the United States [!] sustain by - the depredations of the Alabama." - -Earl Russell answered on October 26, 1863, thus: - - "I must request you to believe that the principle contended for by - her Majesty's Government is not that of commissioning, equipping, and - manning vessels in our ports to cruise against either of the - belligerent parties--a principle which was so justly and - unequivocally condemned by the President of the United States in - 1793. . . . But the British Government must decline to be responsible - for the acts of parties who fit out a seeming merchant-ship, send her - to a port or to waters far from the jurisdiction of British courts, - and there commission, equip, and man her as a vessel of war." - -The duty of neutral nations relative to the supply of warlike stores -is expressed in these words: - - "It is not the practice of nations to undertake to prohibit their own - subjects by previous laws from trafficking in articles contraband of - war. Such trade is carried on at the risk of those engaged in it, - under the liabilities and penalties prescribed by the law of nations - or particular treaties." [59] - -We now quote from the great American commentator on the Constitution -of the United States and on the law of nations: - - "It is a general understanding that the powers at war may seize and - confiscate all contraband goods, without any complaint on the part of - the neutral merchant, and without any imputation of a breach of - neutrality in the neutral sovereign himself. It was contended on the - part of the French nation, in 1796, that neutral governments were - bound to restrain their subjects from selling or exporting articles - contraband of war to the belligerent powers. But it was successfully - shown, on the part of the United States, that neutrals may lawfully - sell at home to a belligerent power, or carry themselves to the - belligerent powers, contraband articles, subject to the right of - seizure _in transitu_. This right has been explicitly declared by the - judicial authorities of this country [United States]. The right of - the neutral to transport, and of the hostile power to seize, are - conflicting rights, and neither party can charge the other with a - criminal act." [60] - -In accordance with these principles, President Pierce's message of -December 31, 1855, contains the following passage: - - "In pursuance of this policy, the laws of the United States do not - forbid their citizens to sell to either of the belligerent powers - articles contraband of war, to take munitions of war or soldiers on - board their private ships for transportation; and, although in so - doing the individual citizen exposes his property or person to some - of the hazards of war, his acts do not involve any breach of - international neutrality, nor of themselves implicate the Government." - -Perhaps it may not be out of place here to notice the charge of the -Lord Chief Baron of the Exchequer to the jury in the case of the -Alexandra, a vessel of one hundred and twenty tons, under -construction at Liverpool for our Government. The case came on for -trial on June 22, 1863, in the Court of Exchequer, sitting at _nisi -prius_, before the Lord Chief Baron and a special jury. After it had -been summed up, the Lord Chief Baron said: - - "This is an information on the part of the Crown for the seizure and - confiscation of a vessel that was in the course of preparation but - had not been completed. It is admitted that it was not armed, and the - question is, whether the preparation of the vessel in its then - condition was a violation of the Foreign Enlistment Act. The main - question you will have to decide is this: Whether, under the seventh - section of the act of Parliament, the vessel, as then prepared at the - time of seizure, was liable to seizure? The statute was passed in - 1819, and upon it no question has ever arisen in our courts of - justice; but there have been expositions of a similar statute which - exists in the United States. I will now read to you the opinions of - some American lawyers who have contributed so greatly to make law a - science. [His lordship then read a passage from Story and others.] - These gentlemen are authorities which show that, when two - belligerents are carrying on a war, a neutral power may supply, - without any breach of international law and without a breach of the - Foreign Enlistment Act, munitions of war--gunpowder, every - description of arms, in fact, that can be used for the destruction of - human beings. - - "Why should ships be an exception? I am of opinion, in point of law, - they are not. The Foreign Enlistment Act was an act to prevent the - enlistment or engagement of his Majesty's subjects to serve in - foreign armies, and to prevent the fitting out and equipping in his - Majesty's dominions vessels for warlike purposes without his - Majesty's license. The title of an act is not at all times an exact - indication or explanation of the act, because it is generally - attached after the act is passed. But, in adverting to the preamble - of the act, I find that provision is made against the equipping, - fitting out, furnishing, and arming of vessels, because it may be - prejudicial to the peace of his Majesty's dominions. - - "The question I shall put to you is, Whether you think that vessel - was merely in a course of building to be delivered in pursuance of a - contract that was perfectly lawful, or whether there was any - intention in the port of Liverpool, or any other English port, that - the vessel should be fitted out, equipped, furnished, and armed for - purposes of aggression. Now, surely, if Birmingham, or any other - town, may supply any quantity of munitions of war of various kinds - for the destruction of life, why object to ships? Why should ships - alone be in themselves contraband? I asked the Attorney-General if a - man could not make a vessel intending to sell it to either of the - belligerent powers that required it, and which would give the largest - price for it, would not that be lawful? To my surprise, the learned - Attorney-General declined to give an answer to the question, which I - think a grave and pertinent one. But you, gentlemen, I think, are - lawyers enough to know that a man may make a vessel and offer it for - sale. If a man may build a vessel for the purpose of offering it for - sale to either belligerent party, may he not execute an order for it? - That appears to be a matter of course. The statute is not made to - provide means of protection for belligerent powers, otherwise it - would have said, 'You shall not sell powder or guns, and you shall - not sell arms'; and, if it had done so, all Birmingham would have - been in arms against it. The object of the statute was this: that we - should not have our ports in this country made the ground of hostile - movements between the vessels of two belligerent powers, which might - be fitted out, furnished, and armed in these ports. The Alexandra was - clearly nothing more than in the course of building. - - "It appears to me that, if true that the Alabama sailed from - Liverpool without any arms at all, as a mere ship in ballast, and - that her armament was put on board at Terceira, which is not in her - Majesty's dominions, then the Foreign Enlistment Act was not violated - at all." - -After reading some of the evidence, his lordship said: - - "If you think that the object was to furnish, fit out, equip, and arm - that vessel at Liverpool, that is a different matter; but if you - think the object really was to build a ship in obedience to an order, - in compliance with a contract, leaving those who bought it to make - what use they thought fit of it, then it appears to me that the - Foreign Enlistment Act has not been broken." - -The jury immediately returned a verdict for the defendants. An appeal -was made, but the full bench decided that there was no jurisdiction. -Against this decision an appeal was taken to the House of Lords, and -there dismissed on some technical ground. - -Sufficient has been said to show that the action of the Confederate -Government relative to these cruisers is sustained and justified by -international law. The complaints made by the Government of the -United States against the Government of Great Britain for acts -involving a breach of neutrality find no support in the letter of the -law or in its principles, and were conclusively answered by the -interpretations of _American jurists_. At the same time they are -condemned by the antecedent acts of the United States Government. -Some of these will be presented. - -In the War of the American Revolution, Dr. Franklin and Silas Deane -were sent to France as commissioners to look after the interests of -the colonies. In the years 1776 and 1777 they became extensively -connected with naval movements. They built, and purchased, and -equipped, and commissioned ships, all in neutral territory; even -filling up blank commissions sent out to them by the Congress for the -purpose. Among expeditions fitted out by them was one under Captain -Wickes to intercept a convoy of linen-ships from Ireland. He went -first into the Bay of Biscay, and afterward entirely around Ireland, -sweeping the sea before him of everything that was not of force to -render the attack hopeless. Mr. Deane observes to Robert Morris that -it "effectually alarmed England, prevented the great fair at Chester, -occasioned insurance to rise, and even deterred the English merchants -from shipping in English bottoms at any rate, so that, in a few -weeks, forty sail of French ships were loading in the Thames, on -freight, an instance never before known." - -In the spring of 1777 the Commissioners sent an agent to Dover, who -purchased a fine, fast-sailing English-built cutter, which was taken -across to Dunkirk. There she was privately equipped as a cruiser, and -put in command of Captain Gustavus Conyngham, who was appointed by -filling up a blank commission from John Hancock, the President of -Congress. This commission bore date March 1, 1777, and fully entitled -Mr. Conyngham to the rank of captain in the navy. His vessel, -although built in England, like many of our cruisers, was not armed -or equipped there, nor was his crew enlisted there, but in the port -of a neutral. This vessel was finally seized under some treaty -obligations between France and England. The Commissioners immediately -fitted out another cruiser, and still another. It was also affirmed -that the money advanced to Mr. John Adams for traveling expenses, -when he arrived in Spain a year or two later, was derived from the -prizes of these vessels, which had been sent into the ports of Spain. - -Captain Conyngham was a very successful commander, but he was made a -prisoner in 1779. The matter was brought before Congress in July of -the same year, and a committee reported that this "late commander of -an armed vessel in the service of the States, and taken on board of a -private armed cutter, had been treated in a manner contrary to the -dictates of humanity, and the practice of Christian civilized -nations." Whereupon it was resolved to demand of the British Admiral -in New York that good and sufficient reason be given for this -conduct, or that he be immediately released from his rigorous and -ignominious confinement. If a satisfactory answer was not received by -August 1st, so many persons as were deemed proper were ordered to be -confined in safe and close custody, to abide the fate of the said -Gustavus Conyngham. No answer having been received, one Christopher -Hale was thus confined. In December he petitioned Congress for an -exchange, and that he might procure a person in his room. Congress -replied that his petition could not be granted until Captain -Conyngham was released, "as it had been determined that he must abide -the fate of that officer." Conyngham was subsequently released. - -The whole number of captures made by the United States in this -contest is not known, but six hundred and fifty prizes are said to -have been brought into port. Many others were ransomed, and some were -burned at sea. - -Prescribed limits will not permit me to follow out in detail the past -history of the United States as a neutral power. It must suffice to -recall the memory of readers to a few significant facts in our more -recent history: - -The recognition of the independence of Greece in her struggle with -Turkey, and the voluntary contributions of money and men sent to her; -the recognition of the independence of the Spanish provinces of South -America, and the war-vessels equipped and sent from the ports of the -United States to Brazil during the struggle with Spain for -independence; the ships sold to Russia during her war with England, -France, and Turkey; the arms and munitions of war manufactured at New -Haven, Connecticut, and Providence, Rhode Island, sold and shipped to -Turkey to aid her in her late struggle with Russia. - -The reader will observe the promptitude with which the Government of -the United States not only accorded belligerent rights, but, even -more, recognized the independence of nations struggling for -deliverance from oppressive rulers. The instances of Greece and the -South American republics are well known, and that of Texas must be -familiar to every one. One could scarcely believe, therefore, that -the chief act of hostility, or, rather, the great crime of the -Government of Great Britain in the eyes of the Government of the -United States, was the recognition by the latter of the Confederate -States as a belligerent power, and that a state of war existed -between them and the United States. This was the constantly repeated -charge against the British Government in the dispatches of the United -States Government from the commencement of the war down nearly to the -session of the Geneva Conference in 1872. In the correspondence of -the Secretary, in 1867, he says: - - "What is alleged on the part of the United States is, that the - Queen's proclamation, which, by conceding belligerent rights to the - insurgents, lifted them up for the purpose of insurrection to an - equality with the nation which they were attempting to overthrow, was - premature because it was unnecessary, and that it was, in its - operation, unfriendly because it was premature." - -Again he says, and, if sincerely, shows himself to be utterly -ignorant of the real condition of our affairs: - - "Before the Queen's proclamation of neutrality, the disturbance in - the United States was merely a local insurrection. It wanted the name - of war to enable it to be a civil war and to live, endowed as such, - with maritime and other belligerent rights. Without the authorized - name, it might die, and was expected not to live and be a flagrant - civil war, but to perish a mere insurrection." - -The first extract in itself contains a fiction. If the Queen's -proclamation possessed such force as to raise the Confederate States -to an equality with the United States as a belligerent, perhaps -another proclamation of the Queen might have possessed such force, if -it had been issued, as to have lifted the Confederate States from the -state of equality to one of independence. This is a novel virtue to -be ascribed to a Queen's proclamation. This idea must have been -borrowed from our neighbors of Mexico, where a _pronunciamiento_ -dissolves one and establishes a rival administration. How much more -rational it would have been, to say that the resources and the -military power of the Confederate States placed them, at the outset, -on the footing of a belligerent, and the Queen's proclamation only -declared a fact which the announcement of a blockade of the Southern -ports by the Government of the United States had made manifest!-- -blockade being a means only applicable as against a foreign foe. - -Nevertheless, the Government of the United States, although refusing -to concede belligerent rights to the Confederate States, was very -ready to take advantage of such concession by other nations, whenever -an opportunity offered. The voluminous correspondence of the -Secretary of State of the United States Government, relative to the -Confederate cruisers and their so-called "depredations," was filled -with charges of violations of international law, which could be -committed only by a belligerent, and which, it was alleged, had been -allowed to be done in the ports of Great Britain. On this foundation -was based the subsequent claim for damages, advanced by the -Government of the United States against that of Great Britain; and, -for the pretended lack of "due diligence" in watching the actions of -this Confederate belligerent in her ports, she was mulcted in a heavy -sum by the Geneva Conference, and paid it to the Government of the -United States. - -It is a remarkable fact that the Government of the United States, in -no one instance, from the opening to the close of the war, formally -spoke of the Confederate Government or States as belligerents. -Although on many occasions it acted with the latter as a belligerent, -yet no official designations were ever given to them or their -citizens but those of "insurgents," or "insurrectionists." Perhaps -there may be something in the signification of the words which, -combined with existing circumstances, would express a state of -affairs that the authorities of the Government of the United States -were in no degree willing to admit, and vainly sought to prevent from -becoming manifest to the world. - -The party or individuality against which the Government of the United -States was conducting hostilities consisted of the people within the -limits of the Confederate States. Was it against them as individuals -in an unorganized condition, or as organized political communities? -In the former condition they might be a mob; in the latter condition -they formed a State. By the actions of unorganized masses may arise -insurrections, and by the actions of organized people or states, -arise wars. - -The Government of the United States adopted a fiction when it -declared that the execution of the laws in certain States was impeded -by "insurrection." The persons whom it designated as insurrectionists -were the organized people of the States. The ballot-boxes used at the -elections were State boxes. The judges who presided at the elections -were State functionaries. The returns of the elections were made to -the State officers. The oaths of office of those elected were -administered by State authority. They assembled in the legislative -chambers of the States. The results of their deliberations were -directory to the State, judicial, and executive officers, and by them -put in operation. Is it not evident that, only by a fiction of -speech, such proceedings can be called an insurrection? - -Why, then, did an intelligent and powerful Government, like that of -the United States, so outrage the understanding of mankind as to -adopt a fiction on which to base the authority and justification of -its hostile action? The United States Government is the result of a -compact between the States--a written Constitution. It owes its -existence simply to a delegation of certain powers by the respective -States, which it is authorized to exercise for their common welfare. -One of these powers is to "suppress insurrections"; but there is no -power delegated to subjugate States, the authors of its existence, or -to make war on any of the States. If, then, without any delegated -power or lawful authority for its proceedings, the Government of the -United States commenced a war upon some of the States of the Union, -how could it expect to be justified before the world? It became the -aggressor--the Attila of the American Continent. Its action -inflicted a wound on the principles of constitutional liberty, a -crashing blow to the hopes that men had begun to repose in this -latest effort for self-government, which its friends should never -forgive nor ever forget. To palliate the enormity of such an offense, -its authors resorted to a vehement denial that their hostile action -was a war upon the States, and persistently asserted the fiction that -their immense armies and fleets were merely a police authority to put -down insurrection. They hoped to conceal from the observation of the -American people that the contest, on the part of the central -Government, was for empire, for its absolute supremacy over the State -governments; that the Constitution was roiled up and laid away among -the old archives; and that the conditions of their liberty, in the -future, were to be decided by the sword or by "national" control of -the ballot-box. - -With like disregard for truth, our cruisers were denounced as -"_pirates_" by the Government of the United States. A pirate, or -armed piratical vessel, is by the law of nations the enemy of -mankind, and can be destroyed by the ships of any nation. The -distinction between a lawful cruiser and a pirate is that the former -has behind it a government which is recognized by civilized nations -as entitled to the rights of war, and from which the commander of the -cruiser receives his commission or authority, but the pirate -recognizes no government, and is not recognized by any one. As the -Attorney-General of Great Britain said in the Alexandra case: - - "Although a recognition of the Confederates as an independent power - was out of the question, yet it was right they should be admitted by - other nations within the circle of lawful belligerents--that is to - say, that their forces should not be treated as pirates, nor their - flag as a piratical flag. Therefore, as far as the two belligerents - were concerned, on the part of this and other governments, they were - so far put on a level that each was to be considered as entitled to - the right of belligerents--the Southern States as much as the other." - -The Government of the United States well knew that, after the issue -of the Queen's proclamation recognizing our Government, the -application of the word pirate to our cruisers was simply an -exhibition of vindictive passion on its part. A _de facto_ Government -by its commission legalizes among nations a cruiser. That there was -such a Government even its own courts also decided. In a prize case -(2 Black, 635), Justice Greer delivered the opinion of the Supreme -Court, saying: - - "It [the war] is not less a civil war, with belligerent parties in - hostile array, because it may be called an 'insurrection' by one - side, and the insurgents be considered as rebels and traitors. It is - not necessary that the independence of the revolted province or State - be acknowledged in order to constitute it a party belligerent in a - war, according to the laws of nations. Foreign nations acknowledge it - a war by a declaration of neutrality. The condition of neutrality can - not exist unless there be two belligerent parties." - -In the case of the Santissima Trinidad (7 Wheaton, 337), the United -States Supreme Court says: - - "The Government of the United States has recognized the existence of - a civil war between Spain and her colonies, and has avowed her - determination to remain neutral between the parties. Each party is - therefore deemed by us a belligerent, having, so far as concerns us, - the sovereign rights of war." - -The belligerent character of the Confederate States was thus fully -acknowledged by the highest judicial tribunal of the United States. -This involved an acknowledgment of the Confederate Government as a -Government _de facto_ having "the sovereign rights of war," yet the -Executive Department of the United States Government, with reckless -malignity, denounced our cruisers as "pirates," our citizens as -"insurgents" and "traitors," and the action of our Government as an -"insurrection." - -It has been stated that during the war of the colonies with Great -Britain many of the prizes of the colonial cruisers were destroyed. -This was done by Paul Jones and other commanders, although during the -entire period of the war some of the colonial ports were open, into -which prizes could be taken. In that war Great Britain did not -attempt to blockade all the ports of the colonies. Sailing-vessels -only were then known, and with these a stringent blockade at all -seasons could not have been maintained. But, at the later day of our -war, the powerful steamship had appeared, and revolutionized the -commerce and the navies of the world. During the first months of the -war all the principal ports of the Confederacy were blockaded, and -finally every inlet was either in possession of the enemy or had one -or more vessels watching it. The steamers were independent of wind -and weather, and could hold their positions before a port day and -night. At the same time the ports of neutrals had been closed against -the prizes of our cruisers by proclamations and orders in council. -Says Admiral Semmes: - - "During my whole career upon the sea, I had not so much as a single - port open to me, into which I could send a prize." - -Our prizes had been sent into ports of Cuba and Venezuela under the -hope that they might gain admittance, but they were either handed -over to the enemy under some fraudulent pretext, or expelled. Thus, -by the action of the different nations and by the blockade with -steamers, no course was left to us but to destroy the prizes, as was -done in many instances under the Government of the United States -Confederation. - -The laws of maritime war are well known. The enemy's vessel when -captured becomes the property of the captor, which he may immediately -destroy; or he may take the vessel into port, have it adjudicated by -an admiralty court as a lawful prize, and sold. That adjudication is -the basis of title to the purchaser against all former owners. In -these cases the captor sends his prizes to a port of his own country -or to a friendly port for adjudication. But, if the ports of his own -country are under blockade by his enemy, and the recapture of the -prizes, if sent there, most probable, and if, at the same time, all -friendly ports are closed against the entrance of his prizes, then -there remains no alternative but to destroy the prizes by sinking or -burning. Courts of admiralty are established for neutrals; not for -the enemy, who has no right of appearance before them. If, therefore, -any neutrals suffered during our war for want of adjudication, the -fault is with their own Government, and not with our cruisers. - -Many other objections were advanced by the United States Government -as evidence that we committed a breach of international law with our -cruisers, but their principles are embraced in the preceding remarks, -or they were too frivolous to deserve notice. Suffice it to say that, -if the Confederate Government had been successful in taking to sea -every vessel which it built, it would have swept from the oceans the -commerce of the United States, would have raised the blockade of at -least some of our ports, and, if by such aid our independence had -been secured, there is little probability that such complaints as -have been noticed would have received attention, if, indeed, they -would have been uttered. - -In January, 1871, the British Government proposed to the Government -of the United States that a joint commission should be convened to -adjust certain differences between the two nations relative to the -fisheries, the Canadian boundary, etc. To this proposition the latter -acceded, on condition that the so-called Alabama claims should also -be considered. To this condition Great Britain assented. In the -Convention the American Commissioners proposed an arbitration of -these claims. The British Commissioners replied that her Majesty's -Government could not admit that Great Britain had failed to discharge -toward the United States the duties imposed on her by the rules of -international law, or that she was justly liable to make good to the -United States the losses occasioned by the acts of the cruisers to -which the American Commissioners referred. - -Without following the details, it may be summarily stated that the -Geneva Conference ensued. That decided that "England should have -fulfilled her duties as a neutral by the exercise of a diligence -equal to the gravity of the danger," and that "the circumstances were -of a nature to call for the exercise, on the part of her Britannic -Majesty's Government, of all possible solicitude for the observance -of the rights and duties involved in the proclamation of neutrality -issued by her Majesty on May 18, 1861." The Conference also added: -"It can not be denied that there were moments when its watchfulness -seemed to fail, and when feebleness in certain branches of the public -service resulted in great detriment to the United States." - -The claims presented to the Conference for damages done by our -several cruisers were as follows: The Alabama, $7,050,293.76; the -Boston, $400; the Chickamauga, $183,070.73; the Florida, -$4,057,934.69; the Clarence, tender of the Florida, $66,736.10; the -Tacony, tender of the Florida, $169,198.81; the Georgia, $431,160.72; -the Jefferson Davis, $7,752; the Nashville, $108,433.95; the -Retribution, $29,018.53; the Sallie, $5,540; the Shenandoah, -$6,656,838.81; the Sumter, $179,697.67; the Tallahassee, $836,841.83. -Total, $19,782,917.60. Miscellaneous, $479,033; increased insurance, -$6,146,19.71. Aggregate, $26,408,170.31. - -The Conference rejected the claims against the Boston, the Jefferson -Davis, and the Sallie, and awarded to the United States Government -$15,500,000 in gold. - -But the indirect damages upon the commerce of the United States -produced by these cruisers were far beyond the amount of the claims -presented to the Geneva Conference. The number of ships owned in the -United States at the commencement of the war, which were subsequently -transferred to foreign owners by a British register, was 715, and the -amount of their tonnage was 480,882 tons. Such are the laws of the -United States that not one of them has been allowed to resume an -American register. - -In the year 1860 nearly seventy per cent. of the foreign commerce of -the country was carried on in American ships. But, in consequence of -the danger of capture by our cruisers to which these ships were -exposed, the amount of this commerce carried by them had dwindled -down in 1864 to forty-six per cent. It continued to decline after the -war, and in 1872 it had fallen to twenty-eight and a half per cent. - -Before the war the amount of American tonnage was second only to that -of Great Britain, and we were competing with her for the first place. -At that time the tonnage of the coasting trade, which had grown from -insignificance, was 1,735,863 tons. Three years later, in 1864, it -had declined to about 867,931 tons. - -The damage to the articles of export is illustrated by the decline in -breadstuffs exported from the Northern States. In the last four -months of each of the following years the value of this export was as -follows: 1861, $42,500,000; 1862, $27,842,090; 1863, $8,909,043; -1864, $1,850,819. Some of this decline resulted from good crops in -England; but, in other respects, it was a consequence of causes -growing out of the war. - -The increase in the rates of marine insurance, in consequence of the -danger of capture by the cruisers, was variable. But the gross amount -so paid was presented as a claim to the Conference, as given above. - - -[Footnote 59: Wheaton's "International Law" sixth edition, p. 571, 1855.] - -[Footnote 60: Ken's "Commentaries," vol i, p. 145, 1854.] - - - - -CHAPTER XXXII. - - Attempts of the United States Government to overthrow States.-- - Military Governor of Tennessee appointed.--Object.--Arrests and - Imprisonments.--Measures attempted.--Oath required of Voters.--A - Convention to amend the State Constitution.--Results.--Attempt in - Louisiana.--Martial Law.--Barbarities inflicted.--Invitation of - Plantations.--Order of General Butler, No. 28.--Execution of - Mumford.--Judicial System set up.--Civil Affairs to be administered - by Military Authority.--Order of President Lincoln for a Provisional - Court.--A Military Court sustained by the Army.--Words of the - Constitution.--"Necessity," the reason given for the Power to create - the Court.--This Doctrine fatal to the Constitution; involves its - Subversion.--Cause of our Withdrawal from the Union.--Fundamental - Principles unchanged by Force.--The Contest is not over; the Strife - not ended.--When the War closed, who were the Victors?--Let the - Verdict of Mankind decide. - - -On the capture of Nashville, on February 25, 1862, Andrew Johnson was -made military Governor of Tennessee, with the rank of brigadier-general, -and immediately entered on the duties of his office. This step was taken -by the President of the United States under the pretense of executing -that provision of the Constitution which is in these words: - - "The United States shall guarantee to every State in this Union a - republican form of government." - -The administration was conducted according to the will and pleasure -of the Governor, which was the supreme law. Public officers were -required to take an oath of allegiance to the United States -Government, and upon refusal were expelled from office. -Newspaper-offices were closed, and their publication suppressed. -Subsequently the offices were sold out under the provisions of the -confiscation act. All persons using "treasonable and seditious" -language were arrested and required to take the oath of allegiance to -the Government of the United States, and give bonds for the future, -or to go into exile. Clergymen, upon their refusal to take the oath, -were confined in the prisons until they could be sent away. -School-teachers and editors and finally large numbers of private -citizens were arrested and held until they took the oath. Conflicts -became frequent in the adjacent country. Murders and the violent -destruction of property ensued. - -On October 21, 1862, an order for an election of members of the -United States Congress in the ninth and tenth State districts was -issued. Every voter was required to give satisfactory evidence of -"loyalty" to the Northern Government. Two persons were chosen and -admitted to seats in that body. - -That portion of the State in the possession of the forces of the -United States continued without change, under the authority of the -military Governor, until the beginning of 1864. Measures were then -commenced by the Governor for an organization of a State government -in sympathy with the Government of the United States. These measures -were subsequently known as the "process for State reconstruction." -The Governor issued his proclamation for an election of county -officers on March 5th, to be held in the various counties of the -State whenever it was practicable. "It is not expected," says the -Governor, "that the enemies of the United States will propose to -vote, nor is it intended that they be permitted to vote or hold -office." In addition to the possession of the usual qualifications, -the voter was required to take the following oath: - - "I solemnly swear that I will henceforth support the Constitution of - the United States, and defend it against the assaults of all its - enemies; that I will hereafter be, and conduct myself as, a true and - faithful citizen of the United States, freely and voluntarily - claiming to be subject to all the duties and obligations, and - entitled to all the rights and privileges, of such citizenship; that - I ardently desire the suppression of the present insurrection and - rebellion against the Government of the United States, the success of - its armies, and the defeat of all those who oppose them; and that the - Constitution of the United States, and all laws and proclamations - made in pursuance thereof, may be speedily and permanently - established and enforced over all the people, States, and Territories - thereof; and, further, that I will hereafter aid and assist all loyal - people in the accomplishment of these results." - -Thus to invoke the Constitution was like Satan quoting Scripture. The -election was a failure, and all further efforts at reconstruction -were for a time suspended. An attempt was made at the end of 1864 to -obtain a so-called convention to amend the State Constitution, and a -body was assembled which, without any regular authority, adopted -amendments. These were submitted to the voters on February 22, 1865, -and declared to be ratified by a vote of twenty-five thousand, in a -State where the vote, in 1860, was one hundred and forty-five -thousand. Slavery was abolished, other changes made, so-called State -officers elected, and this body of voters was proclaimed as the -reconstructed State of Tennessee, and one of the United States. Such -was the method adopted in Tennessee to execute the provision of the -Constitution which says: - - "The United States shall guarantee to every State in this Union a - republican form of government." - -The next attempt to guarantee "a republican form of government" to a -State was commenced in Louisiana by the military occupation of New -Orleans, on May 1, 1862. The United States forces were under the -command of Major-General Benjamin F. Butler. Martial law was -declared, and Brigadier-General George F. Shepley was appointed -military Governor of the State. It is unnecessary to relate in detail -the hostile actions which were committed, as they had no resemblance -to such warfare as is alone permissible by the rules of international -law or the usages of civilization. Some examples taken from -contemporaneous publications of temperate tone, will suffice. - -Peaceful and aged citizens, unresisting captives, and noncombatants, -were confined at hard labor with chains attached to their limbs, and -held in dungeons and fortresses; others were subjected to a like -degrading punishment for selling medicine to the sick soldiers of the -Confederacy. The soldiers of the invading force were incited and -encouraged by general orders to insult and outrage the wives and -mothers and sisters of the citizens; and helpless women were torn -from their homes and subjected to solitary confinement, some in -fortresses and prisons-and one, especially, on an island of barren -sand, under a tropical sun--and were fed with loathsome rations and -exposed to vile insults. Prisoners of war, who surrendered to the -naval forces of the United States on the agreement that they should -be released on parole, were seized and kept in close confinement. -Repeated pretexts were sought or invented for plundering the -inhabitants of the captured city, by fines levied and collected under -threat of imprisonment at hard labor with ball and chain. The entire -population were forced to elect between starvation by the -confiscation of all their property and taking an oath against their -conscience to bear allegiance to the invader. Egress from the city -was refused to those whose fortitude stood the test, and even to lone -and aged women and to helpless children; and, after being ejected -from their houses and robbed of their property, they were left to -starve in the streets or subsist on charity. The slaves were driven -from the plantations in the neighborhood of New Orleans, until their -owners consented to share their crops with the commanding General, -his brother, and other officers. When such consent had been extorted, -the slaves were restored to the plantations and compelled to work -under the bayonets of a guard of United States soldiers. Where that -partnership was refused, armed expeditions were sent to the -plantations to rob them of everything that could be removed; and even -slaves too aged and infirm for work were, in spite of their -entreaties, forced from the homes provided by their owners, and -driven to wander helpless on the highway. By an order (No. 91), the -entire property in that part of Louisiana west of the Mississippi -River was sequestrated for confiscation, and officers were assigned -to the duty, with orders to gather up and collect the personal -property, and turn over to the proper officers, upon their receipts, -such of it as might be required for the use of the United States -army; and to bring the remainder to New Orleans, and cause it to be -sold at public auction to the highest bidders. This was an order -which, if it had been executed, would have condemned to punishment, -by starvation, at least a quarter of a million of persons, of all -ages, sexes, and conditions. The African slaves, also, were not only -incited to insurrection by every license and encouragement, but -numbers of them were armed for a servile war, which in its nature, as -exemplified in other lands, far exceeds the horrors and merciless -atrocities of savages. In many instances the officers were active and -zealous agents in the commission of these crimes, and no instance was -known of the refusal of any one of them to participate in the -outrages. - -The order of Major-General Butler, to which reference is made above, -was as follows: - - "HEADQUARTERS, DEPARTMENT OF THE GULF, NEW ORLEANS. - - "As officers and soldiers of the United States have been subject to - repeated insults from women, calling themselves ladies, of New - Orleans, in return for the most scrupulous non-interference and - courtesy on our part, it is ordered hereafter, when any female shall, - by mere gesture or movement, insult, or show contempt for any - officers or soldiers of the United States, she shall be regarded and - held liable to be treated as a woman about town plying her vocation. - - "By command of Major-General BUTLER." - -This order was issued on May 15, 1862, and known as General Order No. -28. - -Another example was the cold-blooded execution of William B. Mumford -on June 7th. He was an unresisting and noncombatant captive, and -there was no offense ever alleged to have been committed by him -subsequent to the date of the capture of the city. He was charged -with aiding and abetting certain persons in hauling down a United -States flag hoisted on the mint, which was left there by a boat's -crew on the morning of April 26th, and five days before the military -occupation of the city. He was tried before a military commission, -sentenced, and afterward hanged. - -On December 15, 1862, Major-General N. P. Banks took command of the -military forces, and Major-General Butler retired. The military -Governor, early in August, had attempted to set on foot a judicial -system for the city and State. For this purpose he appointed judges -to two of the district courts, of which the judges were absent, and -authorized a third, who held a commission dated anterior to 1861, to -resume the sessions. This was an establishment of three new courts, -with the jurisdiction and powers pertaining to the courts that -previously bore their names, by a military officer representing the -Executive of the United States. These were the only courts within the -territory of the State held by the United States forces which claimed -to have civil jurisdiction. But this jurisdiction was limited to -citizens of the parish of Orleans as against defendants residing in -the State. As to other residents of the State, outside the parish of -Orleans, there was no court in which they could be sued. In this -condition several parishes were held by the United States forces. - -It was therefore necessary to take another step in order to enable -the military power to administer civil affairs. This involved, as -every reader must perceive, a complete subversion of the fundamental -principles of social organization. According to this advanced step, -the military power, instituted by an organization of its own, creates -for itself a new nature, fixes at will its rules and modes of action, -and determines the limits of its power. It absorbs by force the civil -functions, with absolute disregard of the fundamental principle that -the military shall be subject to the civil authority. - -This attempt to administer civil affairs on the basis of military -authority involved, as has been said, the subversion of fundamental -principles. The military power may remove obstacles to the exercise -of the civil authority; but, when these are removed, it can not enter -the forum, put on the toga, and sit in judgment upon civil affairs, -any more than the hawk becomes the dove by assuming her plumage. - -However, the next step was taken. It consisted in the publication of -the following order by the President of the United States: - - "EXECUTIVE MANSION, WASHINGTON, _October 20, 1862._ - - "The insurrection which has for some time prevailed in several of the - States of this Union, including Louisiana, having temporarily - subverted and swept away the civil institutions of that State, - including the judiciary and the judicial authorities of the Union, so - that it has become necessary to hold the State in military - occupation; and it being indispensably necessary that there shall be - some judicial tribunal existing there capable of administering - justice, I have therefore thought it proper to appoint, and I do - hereby constitute a provisional court, which shall be a court of - record for the State of Louisiana; and I do hereby appoint Charles A. - Peabody, of New York, to be a provisional judge to hold said court, - with authority to hear, try, and determine all causes civil and - criminal, including causes in law, equity, revenue, and admiralty, - and particularly with all such powers and jurisdiction as belong to - the District and Circuit Courts of the United States, conforming his - proceedings, so far as possible, to the course of proceedings and - practice which has been customary in the courts of the United States - and Louisiana--his judgment to be final and conclusive. And I do - hereby authorize and empower the said judge to make and establish - such rules and regulations as may be necessary for the exercise of - his jurisdiction, and to appoint a prosecuting attorney, marshal, and - clerk of the said court, who shall perform the functions of attorney, - marshal, and clerk according to such proceedings and practice as - before mentioned, and such rules and regulations as may be made and - established by said judge. These appointments are to continue during - the pleasure of the President, not extending beyond the military - occupation of the city of New Orleans, or the restoration of the - civil authority in that city and in the State of Louisiana. These - officers shall be paid out of the contingent fund of the War - Department, and compensation shall be as follows. - - "By the President: ABRAHAM LINCOLN. - - "W. H. SEWARD, _Secretary of State._" - -This so-called court, as its judge said, "was always governed by the -rules and principles of law, adhering to all the rules and forms of -civil tribunals, and avoiding everything like a military -administration of justice. In criminal matters it summoned a grand -jury, and submitted to it all charges for examination." Yet, when its -judgments and mandates were to be executed, that execution could come -only from the same power by which the court was constituted, and that -was the military power of the United States holding the country in -military occupation. Therefore, to this end the military and naval -forces were pledged. Hence it was the military power, as has been -said, administering civil affairs. - -The Constitution of the United States says: - - "The judicial power of the United States shall be vested in one - Supreme Court, and in such inferior courts as the Congress may from - time to time ordain and establish," [61] - -This provisional court was neither ordained nor established by -Congress; it had not, therefore, vested in it any of the judicial -power of the United States. Neither does the Constitution give to -Congress any power by which it can constitute an independent State -court within the limits of any State in the Union, as Louisiana was -said to be. - -This provisional court, therefore, was a mere instrument of martial -law, constituted by the Commander-in-Chief of the United States -forces, not for the usual purposes which justify the establishment of -such courts, but to enter the domain of civil affairs and administer -justice between man and man in the ordinary transactions of peaceful -life. The ministers of martial law are only the representatives of -the conqueror, and they sit in his seat of authority to relieve him -from the burden of excessive duties, and to administer justice to -offenders against his authority and the social welfare, during his -presence. On such grounds the existence of such courts is justified; -but, for the establishment of a court like this provisional one, no -legitimate authority is to be found either in the Constitution of the -United States or outside of it, "_Inter arma silent leges_" is a -maxim nearly two thousand years old; it means that, under the -exercise of military power, the civil administration ceases. - -When called upon to state any just grounds for such a measure, the -invader has usually replied that he had, _ex necessitate rei_, the -right to establish such a tribunal. Thus said the Commander-in-Chief -of the United States, and Congress acquiesced--indeed, leading the -way, it had urged the same plea to justify the passage of its -confiscation act. The judiciary has observed the silence of -acquiescence. Thus the doctrine of necessity--the rule that, in the -administration of affairs, both military and civil, the necessity of -the case may and does afford ample authority and power to subvert or -to suspend the provisions of the Constitution, and to exercise powers -and do acts unwarranted by the grants of that instrument--has -apparently become incorporated as an unwritten clause of the -Constitution of the United States. - -What, then, is this necessity? Its definition would require an -explanation, from the persons who act under it, of the objects for -which, in every instance, they act. Suffice it to say that the -political wisdom of mankind has consecrated this truth as a -fundamental maxim, that no man can be trusted with the exercise of -power and be, at the same time, the final judge of the limits within -which that power may be exercised. It has fortified this with other -maxims, such as, "Necessity is the plea of despotism"; "Necessity -knows no law." The fathers of the Constitution of the United States -sought to limit every grant of power so exactly that it should -observe its bounds as invariably as a planetary body does its orbit. -Yet within the first hundred years of its existence all these limits -have been disregarded, and the people have silently accepted the plea -of necessity. - -It must be manifest to every one that there has been a fatal -subversion of the Constitution of the United States. In estimating -the results of the war, this is one of the most deplorable; because -it is self-evident that, when a constitutional Government once -oversteps the limits fixed for the exercise of its powers, there is -nothing beyond to check its further aggression, no place where it -will voluntarily halt until it reaches the subjugation of all who -resist the usurpation. This was the sole issue involved in the -conflict of the United States Government with the Confederate States; -and every other issue, whether pretended or real, partook of its -nature, and was subordinate to this one. Let us repeat an -illustration: In strict observance of their inalienable rights, in -abundant caution reserved, when they formed the compact or -Constitution--whichever the reader pleases to call it--of the -United States, the Confederate States sought to withdraw from the -Union they had assisted to create, and to form a new and independent -one among themselves. Then the Government of the United States broke -through all the limits fixed for the exercise of the powers with -which it had been endowed, and, to accomplish its own will, assumed, -under the plea of necessity, powers unwritten and unknown in the -Constitution, that it might thereby proceed to the extremity of -subjugation. Thus it will be perceived that the question still lives. -Although the Confederate armies may have left the field, although the -citizen soldiers may have retired to the pursuits of peaceful life, -although the Confederate States may have renounced their new Union, -they have proved their indestructibility by resuming their former -places in the old one, where, by the organic law, they could only be -admitted as republican, equal, and sovereign States of the Union. -And, although the Confederacy as an organization may have ceased to -exist as unquestionably as though it had never been formed, the -fundamental principles, the eternal truths, uttered when our colonies -in 1776 declared their independence, on which the Confederation of -1781 and the Union of 1788 were formed, and which animated and guided -in the organization of the Confederacy of 1861, yet live, and will -survive, however crushed they may be by despotic force, however deep -they may be buried under the debris of crumbling States, however they -may be disavowed by the time-serving and the fainthearted; yet I -believe they have the eternity of truth, and that in God's appointed -time and place they will prevail. - -The contest is not over, the strife is not ended. It has only entered -on a new and enlarged arena. The champions of constitutional liberty -must spring to the struggle, like the armed men from the seminated -dragon's teeth, until the Government of the United States is brought -back to its constitutional limits, and the tyrant's plea of -"necessity" is bound in chains strong as adamant: - - "For Freedom's battle once begun, - Bequeathed by bleeding sire to son, - Though baffled oft, it ever won." - -When the war closed, who were the victors? Perhaps it is too soon to -answer that question. Nevertheless, every day, as time rolls on, we -look with increasing pride upon the struggle our people made for -constitutional liberty. The war was one in which fundamental -principles were involved; and, as force decides no truth, hence the -issue is still undetermined, as has been already shown. We have laid -aside our swords; we have ceased our hostility; we have conceded the -physical strength of the Northern States. But the question still -lives, and all nations and peoples that adopt a confederated agent of -government will become champions of our cause. While contemplating -the Northern States--with their Federal Constitution gone, -ruthlessly destroyed under the tyrant's plea of "necessity," their -State sovereignty made a byword, and their people absorbed in an -aggregated mass, no longer, as their fathers left them, protected by -reserved rights against usurpation--the question naturally arises: -On which side was the victory? Let the verdict of mankind decide. - - -[Footnote 61: Constitution of the United States, Article III, section 1.] - - - - -CHAPTER XXXIII. - - Further Attempts of the United States Government to overthrow - States.--Election of Members of Congress under the Military Governor - of Louisiana.--The Voters required to take an Oath to support the - United States Government.--The State Law violated.--Proposition to - hold a State Convention; postponed.--The President's Plan for making - a Union State out of a Fragment of a Confederate State.--His - Proclamation.--The Oath required.--Message.--"The War-Power our - Main Reliance."--Not a Feature of the Republican Government in the - Plan.--What are the True Principles?--The Declaration of - Independence asserts them.--Who had a Right to institute a - Government for Louisiana?--Its People only.--Under what Principles - could the Government of the United States do it?--As an Invader to - subjugate.--Effrontery and Wickedness of the Administration.--It - enforces a Fiction.--Attempt to make Falsehood as good as Truth.-- - Proclamation for an Election of State Officers.--Proclamation for a - State Convention.--The Monster Crime against the Liberties of - Mankind.--Proceedings in Arkansas.--Novel Method adopted to amend - the State Constitution.--Perversion of Republican Principles in - Virginia.--Proceedings to create the State of West Virginia.--A - Falsehood by Act of Congress.--Proceedings considered under - Fundamental Principles.--These Acts sustained by the United States - Government.--Assertion of Thaddeus Stevens.--East Virginia - Government.--Such Acts caused Entire Subversion of States.--Mere - Fictions thus constituted. - - -But to resume our narration. On December 3d, in compliance with an -order of the military Governor Shepley, a so-called election was held -for members of the United States Congress in the first and second -State districts, each composed of about half the city of New Orleans -and portions of the surrounding parishes. Those who had taken the -oath of allegiance were allowed to vote. In the first district, -Benjamin F. Flanders received 2,370 votes, and all others 273. In the -second district, Michael Hahn received 2,799 votes, and all others -2,318. These persons presented themselves at Washington, and -resolutions to admit them to seats were reported by the Committee on -Elections in the House of Representatives. It was urged that the -military Governor had conformed in every particular to the -Constitution and laws of Louisiana, so that the election had every -essential of a regular election in a time of most profound peace, -with the exception of the fact that the proclamation for the election -was issued by the military instead of the civil Governor of the -State. The law required the proclamation to be issued by the civil -Governor; so that, if these persons were admitted to seats after an -election called by a military Governor, Congress thereby recognized -as valid a military order of a so-called Executive that -unceremoniously set aside a provision of the State civil law, and was -anti-republican and a positive usurpation. Again, all the departments -of the United States Government had acted on the theory that the -Confederate States were in a state of insurrection, and that the -Union was unbroken; under this theory, they could come back to the -Union only with all the laws unimpaired which they themselves had -made for their own government. Congress was as much bound to uphold -the laws of Louisiana, in all their extent and in all their parts, as -it was to uphold the laws of New York, or any other State, whose -civil policy had not been disturbed. Both those persons, however, -were admitted to seats--yeas, 92; nays, 44. - -The work of constituting the State of Louisiana out of the small -portion of her population and of her territory held by the forces of -the United States still went on. The proposition now was to hold a -so-called State Convention and frame a new Constitution, but its -advocates were so few that nothing was accomplished during the year -1863. The object of the military power was to secure such civil -authority as to enforce the abolition of slavery; and, until the way -was clear to that result, every method of organization was held in -abeyance. - -Meanwhile, on December 8, 1863, the President of the United States -issued a proclamation which contained his plan for making a Union -State out of a fragment of a Confederate State, and also granting an -amnesty to the general mass of the people on taking an oath of -allegiance. His plan was in these words: - - "And I do further proclaim, declare, and make known that, whenever, - in any of the States of Arkansas, Texas, Louisiana, Mississippi, - Tennessee, Alabama, Georgia, Florida, South Carolina, and North - Carolina, a number of persons, not less than one tenth in number of - the votes cast in such State at the Presidential election of 1860, - each having taken the following oath and not having since violated - it, and being a qualified voter by the election laws of the State - existing immediately before the so-called act of secession, and - excluding all others, shall reestablish a State government which - shall be republican, and in nowise contravening said oath, such shall - be recognized as the true government of the State, and the State - shall receive thereunder the benefits of the constitutional provision - which declares that The United States shall guarantee to every State - in this Union a republican form of government, and shall protect each - of them against invasion; and, on application of the Legislature or - the Executive (when the Legislature can not be convened), against - domestic violence." - -The oath required to be taken was as follows: - - "I, ----- -----, do solemnly swear, in presence of Almighty God, - that I will henceforth support, protect, and defend the Constitution - of the United States and the Union of the States thereunder; and that - I will in like manner abide by and faithfully support all acts of - Congress, passed during the existing rebellion, with reference to - slaves, so long and so far as not repealed, modified, or held void by - Congress, or by decision of the Supreme Court, and that I will, in - like manner, abide by and faithfully support all proclamations of the - President, made during the existing rebellion, having reference to - slaves, so long and so far as not modified or declared void by - decision of the Supreme Court. So help me God!" - -In a message to Congress, of the same date with the preceding -proclamation, the President of the United States, after explaining -the objects of the proclamation, says: - - "In the midst of other cares, however important, we must not lose - sight of the fact that the war-power is still our main reliance. To - that power alone can we look, for a time, to give confidence to the - people in the contested regions that the insurgent power will not - again overrun them." - -The intelligent reader will observe that this plan of the President -of the United States to restore States to the Union, to occupy the -places of those which he had been attempting to destroy, does not -contain a single feature to secure a republican form of government, -nor a single provision authorized by the Constitution of the United -States. With his usurped war-power to sustain him in the work of -destruction, he found it easy to destroy; but he was powerless to -create or to restore. In the former case, he had gone imperiously -forward, trampling under foot every American political principle, and -breaking through every constitutional limitation. In the latter case, -he could not advance one step without recognizing sound political -principles and complying with their dictates. On each foundation he -must construct, or his work would be like the house founded on the -sand. - -It will now be shown what the true principles are, and then that the -President of the United States perverted them, misstated them, and -sought to reach his ends by groundless fabrications--as if he would -enforce a fiction or establish a fallacy to be as good as truth. It -might be still farther shown, if it had not already become -self-evident, that this method was pursued with such a perversity and -wickedness as to render it a characteristic feature of that war -administration on whose skirts is the blood of more than a million of -human beings. - -The whole science of a republican government is to be found in this -sentence of the Declaration of Independence, made by the -representatives of the United States of America, in Congress -assembled, on July 4, 1776. It says: - - "That, to secure these rights [certain unalienable rights], - governments are instituted among men--deriving their just powers - from the consent of the governed; that, whenever any form of - government becomes destructive of these ends, it is the right of the - people to alter or abolish it, and to institute a new government, - laying its foundation on such principles, and organizing its powers - in such form, as to them shall seem most likely to effect their - safety and happiness." - -Thus it will be seen that civil and political sovereignty was held to -be implanted by our Creator in the individual, and no human -government has any original, inherent, just sovereignty whatever, and -no acquired sovereignty either, beyond that which may be granted to -it by the individuals as "most likely to effect their safety and -happiness." "Deriving their just powers from the consent of the -governed," says the Declaration of Independence. All other powers -than those thus derived are not "just powers." Any government -exercising powers "not just" has no right to survive. "It is the -right of the people to alter or abolish it," says the Declaration of -Independence, "and to institute a new government." - -Who, then, had a right to "institute" a republican government for -Louisiana? No human beings whatever but the people of Louisiana; not -the strangers, not the slaves, but the manhood that knew its rights -and dared to maintain them. Under what principles, then, could a -citizen of Massachusetts, whether clothed in regimentals or a -civilian's dress, come into Louisiana and attempt to set up a State -government? Under no principles, but only by the power of the invader -and the usurper. If the true principles of a republican government -had prevailed and could have been enforced when Major-General Butler -appeared at New Orleans, he would have been hanged on the first -lamp-post, and his successor, Major-General Banks, would have been -hanged on the second. - -Under what principles, then, could the Government of the United -States appear in Louisiana and attempt to institute a State -government? As has been said above, it was the act of an invader and -a usurper. Yet it proposed to "institute" a republican State -government. The absurdity of such intention is too manifest to need -argument. How could an invader attempt to "institute" a republican -State government? an act which can be done only by the free and -unconstrained action of the people themselves. It has been charged -that this and every similar act of the President of the United States -was in violation of his duty to maintain and observe the requirements -and restrictions of the Constitution, and to uphold in each State a -republican form of government. To specify, the following is offered -as an example. He did "proclaim, declare, and make known-- - - that, whenever any number of persons, not less than one tenth of the - number of voters at the last Presidential election, shall reestablish - a State government, which shall be republican [!] and in no wise - contravening said oath, such shall be recognized as the true - government of the State." - -One tenth of the voters can not establish a republican State -government, which requires the consent of the people of the State to -make its powers just, as has been shown above. Therefore, such a -government had not one element of republicanism in it. But what is -astonishingly remarkable is the stultification of requiring the one -tenth of the people to "reestablish a State government, which shall -be republican and in no wise contravening said oath." Either he did -not know how a republican State government was "instituted," or, if -he knew, then he was a participant in that perversity and wickedness, -which was above charged to be the characteristic of his war -Administration. - -It will now be shown how he sought "to enforce a fiction or establish -a fallacy to be as good as truth." Of the government thus established -by one tenth of the voters, he says: - - "Such shall be recognized as the true government of the State, and - the State shall receive thereunder the benefits of the constitutional - provision which declares that 'the United States shall guarantee to - every State in this Union a republican form of government.'" - -It is proper here to inquire who and what was the tenth to whom this -power to rule the State was to be given. It will be seen, by -reference to the proclamation, that each voter of the one tenth, in -order to be qualified, is required to take an oath with certain -promises in it, which are prescribed by an outside or foreign -authority. This condition of itself is fatal to a republican State -government, that "derives its just powers from the consent of the -governed." Free consent--not cheerful consent, but unconstrained and -unconditioned consent--is required that "just powers" may be derived -from it. In this instance, the invader prescribes the requisite -qualifications of the voter, and makes it a condition that the -government established shall "in no wise contravene" certain -stipulations expressed in the oath taken to give the qualification. A -State government thus formed derives its powers from the consent of -the invader, and not "from the consent of the governed." It has no -"just powers" whatever. It is a groundless fabrication. Yet the -President of the United States declared, "The State shall receive -thereunder the benefits of the constitutional provision which -declares that 'the United States shall guarantee to every State in -this Union a republican form of government.'" Is not this an attempt, -while pretending to establish, to destroy true republicanism? - -Now, let the reader bear in mind that these remarks relate to -Louisiana alone, of which more remains to be told; and that there -were eleven States that withdrew from the Union, whose restoration -was to be effected on this rotten system, in addition to several -constitutional amendments, the adoption of which was to be effected -and secured by the votes of these groundless fabrications, in which a -fiction was to be considered as good as the truth. Having attained -all these facts which are yet to be stated, he may begin to form some -estimate of the remnants of the Constitution, and of the probable -existence of any true union of the States. - -To proceed with the narration. Under the above-mentioned proclamation -of the President of the United States, Major-General Banks issued at -New Orleans, on January 11, 1864, a proclamation for an election of -State officers, and for members of a State Constitutional Convention. -The State officers, when elected, were to constitute, as the -proclamation said, "the civil government of the State under the -Constitution and laws of Louisiana, except so much of the said -Constitution and laws as recognize, regulate, or relate to slavery, -which, being inconsistent with the present condition of public -affairs, and plainly inapplicable to any class of persons now -existing within its limits, must be suspended." The number of votes -given for State officers was 10,270. The population of the State in -1860 was 708,902. The so-called Government was inaugurated on March -4th, and on March 11th he was invested with the powers hitherto -exercised by the military Governor for the President of the United -States. On the same day Major-General Banks issued an order relative -to the election of delegates to a so-called State Convention. The -most important provisions of it defined the qualifications of voters. -The delegates were elected entirely within the army lines of the -forces of the United States. The so-called Convention assembled and -adopted a so-called Constitution, declaring "instantaneous, -universal, uncompensated, unconditional emancipation of slaves." The -meager vote on the Constitution was, for its adoption, 6,836; for its -rejection, 1,566. The vote of New Orleans was, yeas 4,664, nays 789. -This state of affairs continued after the close of the war. Violent -disputes arose as to the validity of the so-called Constitution. The -so-called Legislature elected under it adopted Article XIII as an -amendment to the Constitution of the United States, prohibiting the -existence of slavery in the United States. - -It will be seen from these facts that the State of Louisiana was not -a republican State instituted by the consent of the governed; that -its Legislature was an unconstitutional body, without any "just -powers," and that the vote which it gave for the amendment of the -Constitution of the United States was no vote at all; for it was -given by a body that had no authority to give it, because it had no -"just powers" whatever. Yet this vote was counted among those -necessary to secure the passage of the constitutional amendment. Was -this an attempt to enforce a fiction or to establish the truth? Such -are the deeds which go to make up the record of crime against the -liberties of mankind. - -The proceedings in Arkansas to "institute" a republican State -government were inaugurated by an order from the President of the -United States to Major-General Steele, commanding the United States -forces in Arkansas. At this time the regular government of the State, -established by the consent of the people, was in fall operation -outside the lines of the United States army. The military order of -the President, dated January 20, 1864, said: - - "Sundry citizens of the State of Arkansas petitioned me that an - election may be held in that State, in which to elect a Governor; - that it be assumed at that election, and thenceforward, that the - Constitution and laws of the State, as before the rebellion, are in - full force, except that the Constitution is so modified as to declare - that there shall be neither slavery nor involuntary servitude," etc. - -The order then directs the election to be held for State officers, -prescribes the qualifications of voters and the oath to be taken, and -directs the General to administer to the officers thus chosen an oath -to support the Constitution of the United States, and the "modified -Constitution of the State of Arkansas," when they shall be declared -qualified and empowered immediately to enter upon the duties of their -offices. - -The reader can scarcely fail to notice the novel method here adopted -to modify or amend the State Constitution. It should be called the -process by "assumption"--that is, assume it to be modified, and it -is so modified. Then the President orders the officers-elect to be -required to swear, on their oath, to support "the modified -Constitution of the State of Arkansas." Now, unless the Constitution -was thus modified by assuming it to be modified, these State officers -were required by oath to support that which did not exist. But it was -not so modified. No Constitution or other instrument in the world -containing a grant of powers can be modified by assumption, unless it -be the Constitution of the United States, as shown by recent -experience. Yet the chief object for which these officers were -elected and qualified was to carry out these so-called modifications -of the State Constitution. This adds another to the deeds of darkness -done in the name of republicanism. - -Meantime some persons in the northern part of Arkansas, acting under -the proclamation of December 8, 1863, got together a so-called State -Convention on January 8, 1864, and adopted a revised Constitution, -containing the slavery prohibition, etc. This was ordered to be -submitted to a popular vote, and at the same time State officers were -to be elected. President Lincoln acceded to these proceedings after -they had been placed under the direction of the military commander, -General Steele. The election was held, the Constitution received -twelve thousand votes, and the State officers were declared to be -elected. Then Arkansas came forth a so-called republican State, -"instituted" by military authority, and, of course, received the -benefit of the constitutional provision, which declares that "the -United States shall guarantee to every State in this Union a -republican form of government." It should be added that Arkansas, -thus "instituted" a State, was regarded by the Government of the -United States as competent to give as valid a vote as New York, -Massachusetts, or any other Northern State, for the ratification of -Article XIII, as an amendment to the Constitution of the United -States, prohibiting the existence of slavery in the United States. -The vote was thus given; it was counted, and served to make up the -exact number deemed by the managers to be necessary. Thus was fraud -and falsehood triumphant over popular rights and fundamental law. - -The perversion of true republican principles was greater in Virginia -than in any other State, through the coöperation of the Government of -the United States. In the winter of 1860-'61 a special session of the -Legislature of the State convened at Richmond and passed an act -directing the people to elect delegates to a State Convention to be -held on February 14, 1861. The Convention assembled, and was occupied -with the subject of Federal relations and the adjustment of -difficulties until the call for troops by President Lincoln was made, -when an ordinance of secession was passed. The contiguity of the -northwestern counties of the State to Ohio and Pennsylvania led to -the manifestation of much opposition to the withdrawal of the State -from the Union, and the determination to reorganize that portion into -a separate State. This resulted in the assembling of a so-called -convention of delegates at Wheeling on June 11th. One of its first -acts was to provide for a reorganization of the State government of -Virginia by declaring its offices vacant, and the appointment of new -officers throughout. This new organization assumed to be the true -representative of the State of Virginia, and, after various fortunes, -was recognized as such by President Lincoln, as will be presently -seen. The next act of the Convention was "to provide for the -formation of a new State out of a portion of the territory of this -State." Under this act delegates were elected to a so-called -Constitutional Convention which framed a so-called Constitution for -the new State of West Virginia, which was submitted to a vote of the -people in April, 1862, and carried by a large majority of that -section. Meantime the Governor of the reorganized government of -Virginia, above mentioned, issued his proclamation calling for an -election of members, and the assembling of an extra session of the -so-called Legislature. This body assembled on May 6, 1862, and, -adopting the new Federal process of assumption, it assumed to be the -Legislature of the State of Virginia. This body, or Legislature, so -called, immediately passed an act giving its consent to the formation -of a new State out of the territory of Virginia. The formal act of -consent and the draft of the new Constitution of West Virginia above -mentioned were ordered by this so-called Legislature to be sent to -the Congress of the United States, then in session, with the request -that "the said new State be admitted into the Union." On December 31, -1862, the President of the United States approved an act of Congress -entitled "An act for the admission of the State of West Virginia into -the Union," etc. The act recited as follows: - - "_Whereas_, The Legislature of Virginia, by an act passed May 13, - 1862, did give its consent to the formation of a new State within the - jurisdiction of the said State of Virginia, to be known by the name - of West Virginia," etc. - -Again it recites: - - "And whereas both the Convention and the Legislature aforesaid have - requested that the new State should be admitted into the Union, and - the Constitution aforesaid being republican in form, Congress doth - hereby consent that the said forty-eight counties may be formed into - a separate and independent State." - -It were well to pause for a moment and consider these proceedings in -the light of fundamental republican principles. The State of Virginia -was not a confederation, but a republic, or nation. Its government -was instituted with the consent of the governed, and its powers, -therefore, were "just powers." When the State Convention at Richmond -passed an ordinance of secession, which was subsequently ratified by -sixty thousand majority, it was as valid an act for the people of -Virginia as was ever passed by a representative body. The legally -expressed decision of the majority was the true voice of the State. -When, therefore, disorderly persons in the northwestern counties of -the State assembled and declared the ordinance of secession "to be -null and void," they rose up against the authority of the State. When -they proceeded to elect delegates to a convention to resist the act -of the State, and that Convention assembled and organized and -proceeded to action, an insurrection against the government of -Virginia was begun. When the Convention next declared the State -offices to be vacant, and proceeded to fill them by the choice of -Francis H. Pierpont for Governor, and other State officers, assuming -itself to be the true State Convention of Virginia, it not only -declared what notoriously did not exist, but it committed an act of -revolution. And, when the so-called State officers elected by it -entered upon their duties, they inaugurated a revolution. The -subsequent organization of the State of West Virginia and its -separation from the State of Virginia were acts of secession. Thus we -have, in these movements, insurrection, revolution, and secession. - -The reader, in his simplicity, may naturally expect to find the -Government of the United States arrayed, with all its military -forces, against these illegitimate proceedings. Oh, no! It made all -the difference in the world, with the ministers of that Government, -"whose ox it was that was gored by the bull." She was the -nursing-mother to the whole thing, and to insure its vitality fed it, -not, like the fabled bird, with her own blood, but by the butchery of -the mother of States. The words of the Constitution of the United -States applicable to this case are these: - - "No new State shall be formed or erected within the jurisdiction of - any other State; nor any State be formed by the junction of two or - more States, or parts of States, without the consent of the - Legislatures of the States concerned, as well as of the Congress." [61] - -Will any intelligent person assert that the consent of the State of -Virginia was given to the formation of this new State, or that the -government of Francis H. Pierpont held the true and lawful -jurisdiction of the State of Virginia? Yet the Congress of the United -States asserted in the act above quoted that "the Legislature of -Virginia did give its consent to the formation of a new State within -the jurisdiction of the State of Virginia." This was not true, but -was an attempt, by an act of Congress, to aid a fraud and perpetuate -a monstrous usurpation. For there is no grant of power to Congress in -the Constitution nor in the American theory of government to justify -it. If it is said that the government of Francis H. Pierpont was the -only one recognized by Congress as the government of the State of -Virginia, that does not alter the fact. The recognition of Congress -can not make a State of an organization which is not a State. There -is no grant of power to Congress in the Constitution for that -purpose. If it is said that the government of Francis H. Pierpont was -established by the only qualified voters in the State of Virginia, -that is as equally unfounded as the other assertions. Neither the -Congress of the United States nor the Government of the United States -can determine the qualifications of voters at an election for -delegates to a State Constitutional Convention, or for the choice of -State officers. There was no grant of power either to the President -or to Congress for that purpose. All these efforts were usurpations, -by which it was sought, through groundless fabrications, to reach -certain ends, and they add to the multitude of deeds which constitute -the crime committed against States and the liberties of the people. - -When the question of the admission of West Virginia was before the -House of Representatives of the United States Congress, Mr. Thaddeus -Stevens, of Pennsylvania, declared, with expiatory frankness, that he -would not stultify himself by claiming the act to be constitutional. -He said, "We know that it is not constitutional, but it is necessity." - -It now became necessary for the Government of Virginia, represented -by Francis H. Pierpont, to emigrate; for the new State of West -Virginia embraced the territory in which he was located. He therefore -departed, with his carpet-bag, and located at Alexandria, on the -Potomac, which became the seat of government of so-called East -Virginia. On February 13, 1864, a convention, consisting of a -representative from each of the ten counties in part or wholly under -the control of the United States forces, assembled at Alexandria to -amend the Constitution of the State of Virginia. Some sections -providing for the abolition of slavery were declared to be added to -the Constitution, and the so-called Convention adjourned. Nothing of -importance occurred until after the occupation of Richmond by the -United States forces. On May 9, 1865, President Johnson issued an -"Executive order to reestablish the authority of the United States, -and execute the laws within the geographical limits known as the -State of Virginia." The order closed in these words: - - "That, to carry into effect the guarantee of the Federal Constitution - of a republican form of State government, and afford the advantage of - the security of domestic laws, as well as to complete the - reestablishment of the authority of the laws of the United States and - the full and complete restoration of peace within the limits - aforesaid, Francis H. Pierpont, Governor of the State of Virginia, - will be aided by the Federal Government, so far as may be necessary, - in the lawful measures which he may take for the extension and - administration of the State government throughout the geographical - limits of said State." - -This order recognized the factitious organization, which was begun in -West Virginia and then transplanted to Alexandria, as the true -government of the State of Virginia, and, by the aid of the United -States Government, was now removed to Richmond and set up there. No -person was allowed to take any part in this government or to vote -under it unless he had previously taken the purgatorial oath above -mentioned, and had not held office under the Confederate or any State -government. Thus, the taking of this oath, which was prescribed by -the President of the United States, became the most important of the -qualifications of a voter. Here was a condition prescribed by a -foreign authority as necessary to be fulfilled before the first act -could be done by a citizen relative to his State government. Such a -government was not republican, for its powers were not derived from -the consent of the governed. Its powers were derived from voters who -had, under oath, said: - - "I will abide by and faithfully support all acts of Congress, passed - during the existing rebellion with reference to slaves, so long and - so far as not repealed, modified, or held void by Congress or by - decision of the Supreme Court; and that I will in like manner abide - by and faithfully support all proclamations of the President, made - during the existing rebellion having reference to slaves, so long and - so far as not modified or declared void by decision of the Supreme - Court." - -Such a State government was not in the interest of the people, but in -the interest of the United States Government. The true republican -organization, which had been "instituted" by the free "consent of the -governed to effect their safety and happiness," had been repudiated -by the Government of the United States as in rebellion to it; and -this fiction had been set up, not by the free consent of the people, -which alone could give to it any "just powers," not "to effect their -safety and happiness," for which alone a republican State government -can be instituted, but solely to secure the safety and supremacy of -the Government of the United States. The qualification of the voter -was prescribed by the United States Government, and the oath required -him to recognize allegiance to the Union as supreme over that to the -State of which he was a citizen. Thus the voters under the State -government of Virginia were required first to protect the Government -of the United States, and then they were at liberty to look after -their own interests through the State government. - -Now, it is charged that such acts on the part of the United States -Government were not only entirely unconstitutional, but they caused -the complete subversion of the States. The Constitution of the United -States knows States in the Union only as they are republican States. -The Government of the United States was conscious of this fact, and -publicly recognized it when it promised to guarantee a republican -form of government to each one that it sought to reconstruct. But it -violated the Constitution when it sought to place in the Union mere -fictions which had' not the first element of a republic, which were -groundless fabrications of its own minions that could not have -existed a day without the military support which they received. -Further, it is to be remembered that it does not come within the -grants of the Constitution, consequently not within the powers of the -Government of the United States, to institute a republican form of -government at any time or in any place. Such an act is neither -contemplated nor known in the Constitution, as such a government can -be instituted only by the free consent of those who are to be -governed by it. Any interference on the part of the United States to -limit, modify, or control this consent goes directly to the nature -and objects of the State government, and it ceases to be republican. -To admit a State under such a government is entirely unauthorized, -revolutionary, subversive of the Constitution, and destructive of the -Union of States. - - -[Footnote 61: Constitution of the United States, Article IV, section 3.] - - - - -CHAPTER XXXIV. - - Address to the Army of Eastern Virginia by the President.--Army of - General Pope.--Position of McClellan.--Advance of General - Jackson.--Atrocious Orders of General Pope.--Letter of McClellan on - the Conduct of the War.--Letter of the President to General Lee.-- - Battle of Cedar Run.--Results of the Engagement.--Reënforcements to - the Enemy.--Second Battle of Manassas.--Capture of Manassas - Junction.--Captured Stores.--The Old Battle-Field.--Advance of - General Longstreet.--Attack on him.--Attack on General Jackson.-- - Darkness of the Night.--Battle at Ox Hill.--Losses of the Enemy. - - -This defeat of McClellan's army led me to issue the following address: - - "RICHMOND, July 5, 1862. - - "_To the Army of Eastern Virginia._ - - "SOLDIERS: I congratulate you on the series of brilliant victories - which, under the favor of Divine Providence, you have lately won, - and, as the President of the Confederate States, do heartily tender - to you the thanks of the country, whose just cause you have so - skillfully and heroically served. Ten days ago an invading army, - vastly superior to you in numbers and the materials of war, closely - beleaguered your capital and vauntingly proclaimed its speedy - conquest; you marched to attack the enemy in his intrenchments; with - well-directed movements and death-defying valor you charged upon him - in his strong positions, drove him from field to field over a - distance of more than thirty-five miles, and despite his - reënforcements compelled him to seek safety under the cover of his - gunboats, where he now lies cowering before the army so lately - derided and threatened with entire subjugation. The fortitude with - which you have borne toil and privation, the gallantry with which you - have entered into each successive battle, must have been witnessed to - be fully appreciated; but a grateful people will not fail to - recognize you, and to bear you in loved remembrance. Well may it be - said of you that you have 'done enough for glory'; but duty to a - suffering country and to the cause of constitutional liberty claims - from you yet further effort. Let it be your pride to relax in nothing - which can promote your future efficiency; your one great object being - to drive the invader from your soil, and, carrying your standards - beyond the outer boundaries of the Confederacy, to wring from an - unscrupulous foe the recognition of your birthright, community - independence. - - "JEFFERSON DAVIS." - -After the retreat of General McClellan to Westover, his army remained -inactive about a month. His front was closely watched by a brigade of -cavalry, and preparations made to resist a renewal of his attempt -upon Richmond from his new base. The main body of our army awaited -the development of his intentions, and no important event took place. - -Meantime, another army of the enemy, under Major-General Pope, -advanced southward from Washington, and crossed the Rappahannock as -if to seize Gordonsville, and move thence upon Richmond. -Contemporaneously the enemy appeared in force at Fredericksburg, and -threatened the railroad from Gordonsville to Richmond, apparently for -the purpose of coöperating with the movements of General Pope. To -meet the advance of the latter, and restrain, as far as possible, the -atrocities which he threatened to perpetrate upon our defenseless -citizens, General Jackson, with his own and Ewell's division, was -ordered to proceed on July 13th toward Gordonsville. - -The nature of the atrocities here alluded to may be inferred from the -orders of Major-General Pope, which were as follows: - - "HEADQUARTERS OF THE ARMY OF VIRGINIA, WASHINGTON, _July 18, 1862._ - - "(GENERAL ORDERS, No 5.) - - "Hereafter, as far as practicable, the troops of this command will - subsist upon the country in which their operations are carried on. In - all cases supplies for this purpose will be taken by the officers to - whose department they properly belong, under the orders of the - commanding officer of the troops for whose use they are intended. - Vouchers will be given to the owners, stating on their face that they - will be payable at the close of the war upon sufficient testimony - being furnished that such owners have been loyal citizens of the - United States since the date of the vouchers. . . . - - "By command of Major-General Pope: - - "GEORGE D. RUGGLES, - - "_Colonel, A. A.-General, and Chief of Staff._" - - - "HEADQUARTERS OF THE ARMY OF VIRGINIA, _July 18, 1862._ - - "(GENERAL ORDERS, No. 6.) - - "Hereafter, in any operations of the cavalry forces in this command, - no supply or baggage trains of any description will be used, unless - so stated especially in the order for the movement. Two days' cooked - rations will be carried on the persons of the men, and all villages - and neighborhoods through which they pass will be laid under - contribution in the manner specified by General Orders, No. 5, - current series, from these headquarters, for the subsistence of men - and horses. . . . - - "By command of Major-General Pope: - - "GEORGE D. RUGGLES, - - "_Colonel, A. A.-General, and Chief of Staff._" - - - "HEADQUARTERS ARMY OF VIRGINIA, WASHINGTON, _July 18, 1862._ - - "(GENERAL ORDERS, No. 7.) - - "The people of the Valley of the Shenandoah and throughout the region - of operations of this army, living along the lines of railroad and - telegraph, and along routes of travel in the rear of United States - forces, are notified that they will be held responsible for any - injury done the track, line, or road, or for any attacks upon the - trains or straggling soldiers, by bands of guerrillas in their - neighborhood. . . . Evil-disposed persons in the rear of our armies, - who do not themselves engage directly in these lawless acts, - encourage by refusing to interfere, or give any information by which - such acts can be prevented or the perpetrators punished. Safety of - the life and property of all persons living in the rear of our - advancing army depends upon the maintenance of peace and quiet among - themselves, and upon the unmolested movements through their midst of - all pertaining to the military service. They are to understand - distinctly that the security of travel is their only warrant of - personal safety. . . . If a soldier or legitimate follower of the - army be fired upon from any house, the house shall be razed to the - ground and the inhabitants sent prisoners to the headquarters of this - army. If such an outrage occur at any place distant from settlements, - the people within five miles around shall be held accountable, and - made to pay an indemnity sufficient for the case; and any person - detected in such outrages, either during the act or at any time - afterward, shall be shot, without waiting civil process. . . . - - "By command of Major-General Pope: - - "GEORGE D. RUGGLES, _Colonel._" - - - "HEADQUARTERS ARMY OF VIRGINIA, WASHINGTON, _July 23, 1862._ - - "(GENERAL ORDERS, No. 11.) - - "Commanders of army corps, divisions, brigades, and detached commands - will proceed immediately to arrest all disloyal male citizens within - their lines, or within their reach in the rear of their respective - stations. - - "Such as are willing to take the oath of allegiance to the United - States, and will furnish sufficient security for its observance, - shall be permitted to remain at their homes, and pursue in good faith - their accustomed avocations. Those who refuse shall be conducted - south beyond the extreme pickets of the army, and be notified that, - if found again anywhere within our lines or at any point in the rear, - they will be considered spies, and subjected to the extreme rigor of - the military law. . . . - - "By command of Major-General Pope: - - "GEORGE D. RUGGLES, - - "_Colonel, A. A.-General, and Chief of Staff._" - -Thus was announced a policy of pillage, outrage upon unarmed, -peaceable people, arson, and ruthless insult to the defenseless. Had -the vigor of the campaign been equal to the bombastic manifesto of -this disgrace to the profession of arms, the injuries inflicted would -have been more permanent; the conduct could scarcely have been more -brutal. - -In recurring to the letter of General George B. McClellan, written at -"Camp near Harrison's Landing, Virginia, July 7, 1862," to the -President of the United States, one must be struck with the strong -contrast between the suggestions of General McClellan and the orders -of General Pope. The inquiry naturally arises, Was it because of this -difference that Pope had been assigned to the command of the Army of -Virginia? McClellan wrote: - - "This rebellion has assumed the character of a war; as such it should - be regarded, and it should be conducted upon the highest principles - known to Christian civilization. It should not be a war looking to - the subjugation of the people of any State, in any event. It should - not be at all a war upon population, but against armed forces and - political organizations. Neither confiscation of property, political - executions of persons, territorial organizations of States, or - forcible abolition of slavery, should be contemplated for a moment. - - "In prosecuting the war, all private property and unarmed persons - should be strictly protected, subject only to the necessity of - military operations; all private property taken for military use - should be paid or receipted for; pillage and waste should be treated - as high crimes; all unnecessary trespass sternly prohibited, and - offensive demeanor by the military toward citizens promptly rebuked. - Military arrests should not be tolerated, except in places where - active hostilities exist; and oaths, not required by enactments - constitutionally, should be neither demanded nor received." - -Had these views been accepted, and the conduct of the Government of -the United States been in accordance with them, the most shameful -chapters in American history could not have been written, and some of -the more respectable newspapers of the North would not have had the -apprehensions they expressed of the evils which would befall the -country when an army habituated to thieving should be disbanded. - -On the reception of copies of the orders issued by General Pope, -inserted above, I addressed to General Lee, commanding our army in -Virginia, the following letter: - - "RICHMOND, VIRGINIA, _July 31, 1862._ - - "SIR: On the 23d of this month a cartel for a general exchange of - prisoners of war was signed between Major-General D. H. Hill, in - behalf of the Confederate States, and Major-General John A. Dix, in - behalf of the United States. - - "By the terms of that cartel, it is stipulated that all prisoners of - war hereafter taken shall be discharged on parole until exchanged. - - "Scarcely had that cartel been signed, when the military authorities - of the United States commenced a practice changing the character of - the war, from such as becomes civilized nations, into a campaign of - indiscriminate robbery and murder. - - "The general order issued by the Secretary of War of the United - States, in the city of Washington, on the very day that the cartel - was signed in Virginia, directs the military commanders of the United - States to take the private property of our people for the convenience - and use of their armies, without compensation. - - "The general order issued by Major-General Pope, on the 23d of July, - the day after the signing of the cartel, directs the murder of our - peaceful inhabitants as spies, if found quietly tilling their farms - in his rear, _even outside of his lines_; and one of his - brigadier-generals, Steinwehr, has seized upon innocent and peaceful - inhabitants, to be held as hostages, to the end that they may be - murdered in cold blood if any of his soldiers are killed by some - unknown persons, whom he designates as 'bushwhackers.' - - "Under this state of facts, this Government has issued the inclosed - general order, recognizing General Pope and his commissioned officers - to be in the position which they have chosen for themselves, that of - robbers and murderers, and not that of public enemies, entitled, if - captured, to be considered as prisoners of war. - - "We find ourselves driven by our enemies in their steady progress - toward a practice which we abhor, and which we are vainly struggling - to avoid. Some of the military authorities of the United States seem - to suppose that better success will attend a savage war in which no - quarter is to be given and no sex to be spared than has hitherto been - secured by such hostilities as are alone recognized to be lawful by - civilized men in modern times. - - "For the present, we renounce our right of retaliation on the - innocent, and shall continue to treat the private enlisted soldiers - of General Pope's army as prisoners of war; but if, after notice to - the Government at Washington of our confining repressive measures to - the punishment only of commissioned officers, who are willing - participants in these crimes, these savage practices are continued, - we shall reluctantly be forced to the last resort of accepting the - war on the terms chosen by our foes, until the outraged voice of a - common humanity forces a respect for the recognized rules of war. - - "While these facts would justify our refusal to execute the generous - cartel, by which we have consented to liberate an excess of thousands - of prisoners held by us beyond the number held by the enemy, a sacred - regard to plighted faith, shrinking from the mere semblance of - breaking a promise, prevents our resort to this extremity. Nor do we - desire to extend to any other forces of the enemy the punishment - merited alone by General Pope and such commissioned officers as - choose to participate in the execution of his infamous orders. - - "You are therefore instructed to communicate to the - commander-in-chief of the armies of the United States the contents of - this letter and a copy of the inclosed general order, to the end that - he may be notified of our intention not to consider any officers - hereafter captured from General Pope's army as prisoners of war. Very - respectfully, yours, etc., - - "JEFFERSON DAVIS." - -When General Jackson arrived near Gordonsville on July 19, 1862, he -was at his request reënforced by Major-General A. P. Hill. Receiving -information that only a part of General Pope's army was at Culpeper -Court-House, General Jackson, hoping to defeat it before -reënforcements should arrive, moved in that direction the divisions -of Ewell, Hill, and Jackson, on August 7th, from their encampments -near Gordonsville. As the enemy's cavalry displayed unusual activity -and the train of Jackson's division was seriously endangered, General -Lawton with his brigade was ordered to guard it. On August 9th -Jackson arrived within eight miles of Culpeper Court-House and found -the foe in his front near Cedar Run and a short distance west and -north of Slaughter Mountain. When first seen, the cavalry in large -force occupied a ridge to the right of the road. A battery opened -upon it and soon forced it to retire. Our fire was responded to by -some guns beyond the ridge from which the advance had just been -driven. Soon after, the cavalry returned to the position where it was -first seen, and General Early was ordered forward, keeping near the -Culpeper road, while General Ewell with his two remaining brigades -diverged from the road to the right, advancing along the western -slope of Slaughter Mountain. General Early, forming his brigade in -line of battle, moved into the open field, and, passing a short -distance to the right of the road but parallel to it, pushed forward, -driving the opposing cavalry before him to the crest of a hill which -overlooked the ground between his troops and the opposite hill, along -which the enemy's batteries were posted, and opened upon him as soon -as he reached the eminence. Early retired his troops under the -protection of the hill, and a small battery of ours, in advance of -his right, opened. Meantime General Winder with Jackson's brigade was -placed on the left of the road, Campbell's brigade, Lieutenant-Colonel -Garnett commanding, being on the left, Taliaferro's parallel to the -road, supporting the batteries, and Winder's own brigade under Colonel -Roland in reserve. The battle opened with a fierce fire of artillery, -which continued about two hours, during which Brigadier-General Charles -S. Winder, while directing the positions of his batteries, received a -wound, from the effects of which he expired in a few hours. General -Jackson thus spoke of him in his report: - - "It is difficult, within the proper reserve of an official report, to - do justice to the merits of this accomplished officer. Urged by the - medical director to take no part in the movements of the day, because - of the then enfeebled state of his health, his ardent patriotism and - military pride could bear no restraint. Richly endowed with those - qualities of mind and person which fit an officer for command, and - which attract the admiration and excite the enthusiasm of troops, he - was rapidly rising to the front rank of his profession. His loss has - been severely felt." - -Charles Winder had attracted my special notice, when I was Secretary -of War of the United States, by an act of heroism and devotion to -duty which it gives me pleasure to record. A regiment of artillery, -in which he was a second-lieutenant, being under orders for -California, embarked on the steamer San Francisco, and in a storm -became disabled; drifting helplessly at sea, she was approached by a -bark which, to give succor, hove to. Not being able to receive all -the passengers, the commissioned officers left, as the Colonel -naively reported, in the order of their rank. Winder alone remained -with the troops; in great discomfort and by strenuous exertion the -wreck was kept afloat until a vessel bound for Liverpool came to the -relief of the sufferers. - -Arriving at Liverpool, Winder left the soldiers there, went to the -American consul in London, got means to provide for their needs, and -returned with them. Soon afterward, four regiments were added to the -army, and, for his good conduct so full of promise, he was nominated -to be a captain of infantry, and, notwithstanding his youth, was -confirmed and commissioned accordingly. He died manifesting the same -spirit as on the wreck--that which holds life light when weighed -against honor. - -The enemy's infantry advanced about 5 P.M., and attacked General -Early in front, while another body, concealed by the inequality of -the ground, moved upon his right. Thomas's brigade, of A. P. Hill's -division, which had now arrived, was sent to his support, and the -contest soon became animated. In the mean time the main body of the -opposing army, under cover of a wood and the undulations of the -field, gained the left of Jackson's division, now commanded by -Brigadier-General Taliaferro, and poured a destructive fire into its -flank and rear. Campbell's brigade fell back in confusion, exposing -the flank of Taliaferro's, which also gave way, as did the left of -Early's. The rest of his brigade, however, firmly held its ground. - -Winder's brigade, with Branch's, of A. P. Hill's division, on its -right, advanced promptly to the support of Jackson's division, and -after a sanguinary struggle the assailants were repulsed with loss. -Pender's and Archer's brigades, also of Hill's division, came up on -the left of Winder's, and by a general charge the foe was driven back -in confusion, leaving the ground covered with his dead and wounded. -General Ewell, with the two brigades on the extreme right, had been -prevented from advancing by the fire of our own artillery, which -swept his approach to the enemy's left. The obstacle being now -removed, he pressed forward under a hot fire, and came gallantly into -action. Repulsed and vigorously followed on our left and center, and -now hotly pressed on our right, the whole line of the enemy gave way, -and was soon in full retreat. Night had now set in, but General -Jackson, desiring to enter Culpeper Court-House before morning, -determined to pursue. Hill's division led the advance; but, owing to -the darkness, it was compelled to move slowly and with caution. - -The enemy was found about a mile and a half in the rear of the field -of battle, and information was received that reënforcements had -arrived. General Jackson thereupon halted for the night, and the next -day, becoming satisfied that the enemy's force had been so largely -increased as to render a further advance on his part imprudent, he -sent his wounded to the rear, and proceeded to bury the dead and -collect the arms from the battlefield. On the 11th the enemy asked -and received permission to bury those of his dead not already -interred. General Jackson remained in position during the day, and at -night returned to the vicinity of Gordonsville. In this engagement -400 prisoners, including a brigadier-general were captured, and 5,300 -stand of small-arms, one piece of artillery, several caissons, and -three colors, fell into our hands. Our killed were 229, wounded -1,047, total 1,276. The loss on the other side exceeded 1,500, of -whom nearly 300 were taken prisoners. - -The victory of Cedar Run effectually checked the invader for the -time; but it soon became apparent that his army was receiving a large -increase. The corps of Major-General Burnside, from North Carolina, -which had reached Fredericksburg, was reported to have moved up the -Rappahannock, a few days after the battle, to unite with General -Pope, and a part of General McClellan's army had left Westover for -the same purpose. It therefore seemed that active operations on the -James were no longer contemplated, and that the most effectual way to -relieve Richmond from any danger of an attack would be to reënforce -General Jackson and advance upon General Pope. - -Accordingly, on August 13th, Longstreet, Anderson, and Stuart were -ordered to proceed to Gordonsville. On the 16th the troops began to -move from the vicinity of Gordonsville toward the Rapidan, on the -north side of which, extending along the Orange and Alexandria -Railroad in the direction of Culpeper Court-House, the army of -invasion lay in great force. It was determined, with the cavalry, to -destroy the railroad-bridge over the Rappahannock in rear of the -enemy, while Jackson and Longstreet crossed the Rapidan and attacked -his left flank. But, the enemy becoming apprised of our design, -hastily retreated beyond the Rappahannock. On the 21st our forces -moved toward that river, and some sharp skirmishing ensued with our -cavalry that had crossed at Beverly's Ford. As it had been determined -in the mean time not to attempt the passage of the river at that -point with the army, the cavalry withdrew to the south side. Soon -afterward the enemy appeared in great strength on the opposite bank, -and an active fire was kept up during the rest of the day between his -artillery and the batteries attached to Jackson's leading division, -under Brigadier-General Taliaferro. - -But, as our positions on the south bank of the Rappahannock were -commanded by those on the north bank, and which served to guard all -the fords, General Lee determined to seek a more favorable place to -cross higher up the river, and thus gain his adversary's right. -Accordingly, General Longstreet was directed to leave Kelly's Ford on -the 21st, and take the position in the vicinity of Beverly's Ford and -the Orange and Alexandria Railroad bridge, then held by Jackson, in -order to mask the movement of the latter, who was instructed to -ascend the river. On the 22d Jackson proceeded up the Rappahannock, -leaving Trimble's brigade near Freeman's Ford to protect his train. -In the afternoon Longstreet sent General Hood with his own and -Whiting's brigade to relieve Trimble. Hood had just reached the -position, when he and Trimble were attacked by a considerable force -which had crossed at Freeman's Ford. After a short but spirited -engagement, the enemy was driven precipitately over the river with -heavy loss. General Jackson attempted to cross at Warrenton Springs -Ford, but was interrupted by a heavy rain, which caused the river to -rise so rapidly as to be impassable for infantry and artillery, and -he withdrew the troops that had reached the opposite side. General -Stuart, who had been directed to cut the railroad in rear of General -Pope's army, crossed the Rappahannock on the morning of the 22d, -about six miles above the Springs, with parts of Lee's and -Robertson's brigades. He reached Catlet's Station that night, but was -prevented destroying the railroad-bridge there by the same storm that -arrested Jackson's movements. He captured more than three hundred -prisoners, including a number of officers. Apprehensive of the effect -of the rain upon the streams, he recrossed the Rappahannock at -Warrenton Springs. The rise of the river, rendering the lower fords -impassable, enabled the enemy to concentrate his main body opposite -General Jackson, and on the 24th Longstreet was ordered by General -Lee to proceed to his support. Although retarded by the swollen -condition of Hazel River and other tributaries of the Rappahannock, -he reached Jeffersonton in the afternoon. General Jackson's command -lay between that place and the Spring's Ford, and a warm cannonade -was progressing between the batteries of General A. P. Hill's -division and those in his front. The enemy was massed between -Warrenton and the Springs, and guarded the fords of the Rappahannock -as far above as Waterloo. - -The army of General McClellan had left Westover, and a part had -marched to join General Pope. It was reported that the rest would -soon follow. The greater part of the army of General Cox had also -been withdrawn from the Kanawha Valley for the same purpose. Two -brigades of D. H. Hill's division, under General Ripley, had already -been ordered from Richmond, and the remainder were to follow; also, -McLaws's division, two brigades under General Walker, and Hampton's -cavalry brigade. In pursuance of the plan of operations now -determined upon, Jackson was directed, on the 25th, to cross above -Waterloo and move around the enemy's right, so as to strike the -Orange and Alexandria Railroad in his rear. Longstreet, in the mean -time, was to divert his attention by threatening him in front, and to -follow Jackson as soon as the latter should be sufficiently advanced. - -General Jackson crossed the Rappahannock on the 25th, about four -miles above Waterloo, and, after sunset on the 26th, reached the -railroad at Bristoe Station. At Gainesville he was joined by General -Stuart, with the brigades of Robertson and Fitzhugh Lee, who -continued with him during his operations, and effectually guarded -both his flanks. - -General Jackson was now between the large army of General Pope and -Washington City, without having encountered any considerable force. -At Bristoe two trains of cars were captured and a few prisoners -taken. Determining, notwithstanding the darkness of the night and the -long and arduous march of the day, to capture the depot of the enemy -at Manassas Junction, about seven miles distant, General Trimble -volunteered to proceed at once to that place with the Twenty-first -North Carolina and the Twenty-first Georgia Regiments. The offer was -accepted, and, to render success more certain, General Stuart was -directed to accompany the expedition with part of his cavalry. About -midnight the place was taken with little difficulty. Eight pieces of -artillery, with their horses, ammunition, and equipments were -captured; more than three hundred prisoners, one hundred and -seventy-five horses, besides those belonging to the artillery, two -hundred new tents, and immense quantities of commissary and -quartermaster's stores, fell into our hands. - -Ewell's division, with the Fifth Virginia Cavalry under Colonel -Bosser, were left at Bristoe Station, and the rest of the command -arrived at the Junction early on the 27th. Soon a considerable force -of the enemy, under Brigadier-General Taylor, of New Jersey, -approached from the direction of Alexandria, and pushed forward -boldly to recover the stores. After a sharp engagement he was routed -and driven back, leaving his killed and wounded on the field. The -troops remained at Manassas Junction during the day, and supplied -themselves with everything they required. In the afternoon, two -brigades advanced against General Ewell, at Bristoe, from the -direction of Warrenton Junction, but were broken and repulsed. Their -place was soon supplied with fresh troops, but it was apparent that -the commander had now become aware of the situation of affairs, and -had turned upon General Jackson with his whole force. General Ewell, -perceiving the strength of the column, withdrew and rejoined General -Jackson, having first destroyed the railroad-bridge over Broad Run. -The enemy halted at Bristoe. General Jackson, having a much inferior -force to General Pope, retired from Manassas Junction and took a -position west of the turnpike-road from Warrenton to Alexandria, -where he could more readily unite with the approaching column of -Longstreet. Having supplied the wants of his troops, he was -compelled, through lack of transportation, to destroy the rest of the -captured property. Many thousand pounds of bacon, a thousand barrels -of corned beef, two thousand barrels of salt pork, and two thousand -barrels of floor, besides other property of great value, were burned. - -During the night of the 27th of August Taliaferro's division crossed -the turnpike near Groveton and halted on the west side, near the -battle-field of July 21, 1861, where it was joined on the 28th by the -divisions of Hill and Ewell. During the afternoon the enemy, -approaching from the direction of Warrenton down the turnpike toward -Alexandria, exposed his left flank, and General Jackson determined to -attack him. A fierce and sanguinary conflict ensued which continued -until about 9 P.M., when he slowly fell back and left us in -possession of the field, the loss on both sides was heavy. On the -next morning (the 29th) the enemy had taken a position to interpose -his army between General Jackson and Alexandria, and about 10 A.M. -opened with artillery upon the right of Jackson's line. The troops of -the latter were disposed in rear of Groveton, along the line of the -unfinished branch of the Manassas Gap Railroad, and extending from a -point a short distance west of the turnpike toward Sudley Mill, -Jackson's division under Brigadier-General Starke being on the right, -Swell's under General Lawton in the center, and A. P. Hill on the -left. The attacking columns were evidently concentrating on Jackson -with the design of overwhelming him before the arrival of Longstreet. -This latter officer left his position opposite Warrenton Springs on -the 26th and marched to join Jackson. On the 28th, arriving at -Thoroughfare Gap, he found the enemy prepared to dispute his -progress. Holding the eastern extremity of the pass with a large -force, the enemy directed a heavy fire of artillery upon the road -leading to it and upon the sides of the mountain. An attempt was made -to turn his right, but, before our troops reached their destination, -he advanced to the attack, and, being vigorously repulsed, withdrew -to his position at the eastern end of the Gap, keeping up an active -fire of artillery until dark. He then retreated. On the morning of -the 29th Longstreet's command resumed its march, the sound of cannon -at Manassas announcing that Jackson was already engaged. The head of -the column came upon the field in rear of the enemy's left, which had -already opened with artillery upon Jackson's right, as above stated. -Longstreet immediately placed some of his batteries in position, but, -before he could complete his dispositions to attack the force before -him, it withdrew to another part of the field. He then took position -on the right of Jackson, Hood's two brigades, supported by Evans, -being deployed across the turnpike and at right angles to it. These -troops were supported on the left by three brigades under General -Wilcox, and by a like force on the right under General Kemper. D. B. -Jones's division formed the extreme right of the line, resting on the -Manassas Gap Railroad. The cavalry guarded our right and left flanks, -that on the right being under General Stuart in person. After the -arrival of Longstreet the enemy changed his position and began to -concentrate opposite Jackson's left, opening a brisk artillery-fire, -which was responded to by some of A. P. Hill's batteries. - -Soon afterward General Stuart reported the approach of a large force -from the direction of Bristoe Station, threatening Longstreet's -right. But no serious attack was made, and, after firing a few shots, -that force withdrew. Meanwhile a large column advanced to assail the -left of Jackson's position, occupied by the division of General A. P. -Hill. The attack was received by his troops with their accustomed -steadiness, and the battle raged with great fury. The enemy was -repeatedly repulsed, but again pressed on the attack with fresh -troops. Once he succeeded in penetrating an interval between General -Gregg's brigade on the extreme left and that of General Thomas, but -was quickly driven back with great slaughter by the Fourteenth South -Carolina Regiment, then in reserve, and the Forty-ninth Georgia of -Thomas's brigade. The contest was close and obstinate; the combatants -sometimes delivered their fire at a few paces. General Gregg, who was -most exposed, was reënforced by Hays's brigade under Colonel Forno. -Gregg had successfully and most gallantly resisted the attack until -the ammunition of his brigade was exhausted and all his -field-officers but two killed or wounded. The reënforcement was of -like high-tempered steel, and together in hand-to-hand fight they -held their post until they were relieved, after several hours of -severe fighting, by Early's brigade and the Eighth Louisiana -Regiment. General Early drove the enemy back with heavy loss, and -pursued about two hundred yards beyond the line of battle, when he -was recalled to the position on the railroad, where Thomas, Pender, -and Archer had firmly held their ground against every attack. While -the battle was raging on Jackson's left, Hood and Evans were ordered -by Longstreet to advance, but, before the order could be obeyed, Hood -was himself attacked, and his command became at once warmly engaged. -The enemy was repulsed by Hood after a severe contest, and fell back, -closely followed by our troops. - -The battle continued until 9 P.M., the foe retreating until he -reached a strong position, which he held with a large force. Our -troops remained in their advanced position until early next morning, -when they were withdrawn to their first line. One piece of artillery, -several stands of colors, and a number of prisoners were captured. -Our loss was severe. On the morning of the 30th the enemy again -advanced, and skirmishing began along the line. The troops of Jackson -and Longstreet maintained their position of the previous day. At noon -the firing of the batteries ceased, and all was quiet for some hours. - -About 3 P.M. the enemy, having massed his troops in front of General -Jackson, advanced against his position in strong force. His front -line pushed forward until it was engaged at close quarters by -Jackson's troops, when its progress was cheeked, and a fierce and -bloody struggle ensued. A second and third line of great strength -moved up to support the first, but in doing so came within easy range -of a position a little in advance of Longstreet's left. He -immediately ordered up two batteries, and, two others being thrown -forward about the same time by Colonel S. D. Lee, the supporting -lines were broken, and fell back in confusion under their -well-directed and destructive fire. Their repeated efforts to rally -were unavailing, and Jackson's troops, being thus relieved from the -pressure of overwhelming numbers, began to press steadily forward, -driving everything before them. The enemy retreated in confusion, -suffering severely from our artillery, which advanced as he retired. -General Longstreet, anticipating the order for a general advance, now -threw his whole command against the center and left. The whole line -swept steadily on, driving the opponents with great carnage from each -successive position, until 10 P.M., when darkness put an end to the -battle and the pursuit. - -The obscurity of the night and the uncertainty of the fords of Bull -Run rendered it necessary to suspend operations until morning, when -the cavalry, being pushed forward, discovered that the retreat had -continued to the strong position of Centreville, about four miles -beyond Bull Run. The prevalence of a heavy rain, which began during -the night, threatened to render Bull Bun impassable, and to impede -our movements. Longstreet remained on the battle-field to engage -attention and to protect parties for the burial of the dead and the -removal of the wounded, while Jackson proceeded by Sudley's Ford to -the Little River turnpike to turn the enemy's right, and intercept -his retreat to Washington. Jackson's progress was retarded by the -inclemency of the weather and the fatigue of his troops. He reached -the turnpike in the evening, and the next day (September 1st) -advanced by that road toward Fairfax Court-House. The enemy in the -mean time was falling back rapidly toward Washington, and had thrown -a strong force to Germantown, on the Little River turnpike, to cover -his line of retreat from Centreville. The advance of Jackson -encountered him at Ox Hill, near Germantown, about 5 P.M. Line of -battle was at once formed, and two brigades were thrown forward to -attack and ascertain the strength of the position. A cold and -drenching rain-storm drove in the faces of our troops as they -advanced and gallantly engaged. They were subsequently supported, and -the conflict was obstinately maintained until dark, when the enemy -retreated, having lost two general officers, one of whom-- -Major-General Kearney--was left dead on the field. Longstreet's -command arrived after the action was over, and the next morning it -was found that the retreat had been so rapid that the attempt to -intercept was abandoned. The proximity of the fortifications around -Alexandria and Washington was enough to prevent further pursuit. Our -army rested during the 2d near Chantilly, the retreating foe being -followed only by our cavalry, who continued to harass him until he -reached the shelter of his intrenchments. - -In the series of engagements on the plains of Manassas more than -seven thousand prisoners were taken, in addition to about two -thousand wounded left in our hands. Thirty pieces of artillery, -upward of twenty thousand stand of small-arms, numerous colors, and a -large amount of stores, besides those taken by General Jackson at -Manassas Junction, were captured. - -Major-General Pope in his report says: - - "The whole force that I had at Centreville, as reported to me by the - corps commanders, on the morning of the 1st of September, was as - follows: McDowell's corps, 10,000 men; Sigel's corps, about 7,000; - Heintzelman's corps, about 6,000; Reno's, 6,000; Banks's, 5,000; - Sumner's, 11,000; Porter's, 10,000; Franklin's, 8,000--in all, - 63,000 men. . . . The small fraction of 20,500 men was all of the - 91,000 veteran troops from Harrison's landing which ever drew trigger - under my command." - -Our losses in the engagement at Manassas Plains were considerable. -The number killed was 1,090; wounded, 6,154--total, 7,244. The loss -of the enemy in killed, wounded, and missing was estimated between -15,000 and 20,000. The strength of our army in July and September is -stated on a preceding page. - - - - -CHAPTER XXXV. - - Return of the Enemy to Washington.--War transferred to the - Frontier.--Condition of Maryland.--Crossing the Potomac.-- - Evacuation of Martinsburg.--Advance into Maryland.--Large Force of - the Enemy.--Resistance at Boonesboro.--Surrender of Harper's - Ferry.--Our Forces reach Sharpsburg.--Letter of the President to - General Lee.--Address of General Lee to the People.--Position of - our Forces at Sharpsburg.--Battle of Sharpsburg.--Our Strength.-- - Forces withdrawn.--Casualties. - - -The enemy having retired to the protection of the fortifications -around Washington and Alexandria, Lee's army marched, on September -3d, toward Leesburg. The armies of Generals McClellan and Pope had -now been brought back to the point from which they set out on the -campaign of the spring and summer. The objects of those campaigns had -been frustrated, and the hostile designs against the coast of North -Carolina and in western Virginia, thwarted by the withdrawal of the -main body of the forces from those regions. - -Northeastern Virginia was freed from the presence of the invader. His -forces had withdrawn to the intrenchments of Washington. Soon after -the arrival of our army at Leesburg, information was received that -the hostile troops which had occupied Winchester had retired to -Harper's Ferry. The war was thus transferred from the interior to the -frontier, and the supplies of rich and productive districts were made -accessible to our army. To prolong a state of affairs, in every way -desirable, and not to permit the season for active operations to pass -without endeavoring to impose further check on our assailant, the -best course appeared to be the transfer of our army into Maryland. -Although not properly equipped for invasion, lacking much of the -material of war, and deficient in transportation, the troops poorly -provided with clothing, and thousands of them without shoes, it was -yet believed to be strong enough to detain the opposing army upon the -northern frontier until the approach of winter should render its -advance into Virginia difficult, if not impracticable. - -The condition of Maryland encouraged the belief that the presence of -our army, though numerically inferior to that of the North, would -induce the Washington Government to retain all its available force to -provide against contingencies which its conduct toward the people of -that State gave reason to apprehend. At the same time it was hoped -that military success might afford us an opportunity to aid the -citizens of Maryland in any efforts they should be disposed to make -to recover their liberty. The difficulties that surrounded them were -fully appreciated, and we expected to derive more assistance in the -attainment of our object from the just fears of the Washington -Government than from any active demonstration on the part of the -people of Maryland, unless success should enable us to give them -assurance of continued protection. Influenced by these considerations, -the army was put in motion. - -It was decided to cross the Potomac east of the Blue Ridge, in order, -by threatening Washington and Baltimore, to cause the enemy to -withdraw from the south bank, where his presence endangered our -communications and the safety of those engaged in the removal of our -wounded and the captured property from the late battle-field. Having -accomplished this result, it was proposed to move the army into -western Maryland, establish our communication with Richmond through -the Valley of the Shenandoah, and, by threatening Pennsylvania, -induce the enemy to withdraw from our territory for the protection of -his own. - -General D. H. Hill's division, being in advance, crossed the Potomac, -between September 4th and 7th, at the ford near Leesburg, and -encamped in the vicinity of Frederick. It had been supposed that this -advance would lead to the evacuation of Martinsburg and Harper's -Ferry, thus opening the line of communication through the Shenandoah -Valley. This not having occurred, it became necessary to dislodge the -garrisons from those positions before concentrating the army west of -the mountains. For this purpose General Jackson marched very rapidly, -crossed the Potomac near Williamsport on the 11th, sent Hill's -division directly to Martinsburg, and disposed of the rest of the -command so as to cut off retreat to the westward. The enemy evacuated -Martinsburg and retired to Harper's Ferry on the night of the 11th, -and Jackson entered the former on the 12th. Meanwhile General McLaws -had been ordered to seize Maryland Heights on the north side of the -Potomac, opposite Harper's Ferry, and General Walker took possession -of Loudon Heights, on the east side of the Shenandoah, where it -unites with the Potomac, and was in readiness to open fire upon -Harper's Ferry. But McLaws found the heights in possession of the -foe, with infantry and artillery, protected by intrenchments. On the -13th he assailed the works, and after a spirited contest they were -carried; the troops made good their retreat to Harper's Ferry, and on -the next day its investment was complete. - -At the same time that the march of these troops upon Harper's Ferry -began, the remainder of General Longstreet's command and the division -of D. H. Hill crossed the South Mountain and moved toward Boonsboro. -General Stuart with the cavalry remained east of the mountains to -observe the enemy and retard his advance. Longstreet continued his -march to Hagerstown, and Hill halted near Boonsboro to support the -cavalry and to prevent the force invested at Harper's Ferry from -escaping through Pleasant Valley. The advance of the hostile army was -then so slow as to justify the belief that the reduction of Harper's -Ferry would be accomplished and our troops concentrated before they -would be called upon to meet the foe. In that event it had not been -intended to oppose his passage through South Mountain, as it was -desired to engage him as far as possible from his base. But a copy of -Lee's order, directing the movement of the army from Frederick, -happening to fall into the hands of McClellan, disclosed to him the -disposition of our forces. He immediately began to push forward -rapidly, and on the afternoon of the 13th was reported as approaching -the pass in South Mountain on the Boonsboro and Frederick road. -General Stuart's cavalry impeded his progress, and time was thus -gained for preparations to oppose his advance. - -In Taylor's "Four Years with General Lee" some facts relative to this -lost order are stated. An order of battle was issued, stating in -detail the position and duly assigned to each command of the army: - - "It was the custom to send copies of such orders, marked - 'confidential,' to the commanders of separate corps or divisions - only, and to place the address of such separate commander in the - bottom left-hand comer of the sheet containing the order. General D. - H. Hill was in command of a division which had not been attached to - nor incorporated with either of the two wings of the Army of Northern - Virginia. A copy of the order was, therefore, in the usual course, - sent to him. After the evacuation of Frederick City by our forces, a - copy of General Lee's order was found in a deserted camp by a - soldier, and was soon in the hands of General McClellan. The copy of - the order, it was stated at the time, was addressed to 'General D. H - Hill, commanding division.' General Hill has assured me that it could - not have been his copy, because he still has the original order - received by him in his possession." [62] - -General D. H. Hill guarded the Boonsboro Gap, and Longstreet was -ordered to support him, in order to prevent a force from penetrating -the mountains at this point, in the rear of McLaws, so as to relieve -the garrison at Harper's Ferry. Early on the 14th a large body of the -enemy attempted to force its way to the rear of the position held by -Hill, by a road south of the Boonsboro and Frederick turnpike. The -small command of Hill, with Garland's brigade, repelled the repeated -assaults of the army, and held it in check for five hours. -Longstreet, leaving a brigade at Hagerstown, hurried to the -assistance of Hill, and reached the scene of action between 3 and 4 -P.M. The battle continued with great animation until night. On the -south of the turnpike the assailant was driven back some distance, -and his attack on the center repulsed with loss. Darkness put an end -to the contest. - -The effort to force the pass of the mountain had failed, but it was -manifest that without reënforcements Lee could not hazard a renewal -of the engagement; for McClellan, by his great superiority of -numbers, could easily turn either flank. Information was also -received that another large body of his troops had, during the -afternoon, forced its way through Crampton Gap, only five miles in -rear of McLaws. Under these circumstances it was determined to retire -to Sharpsburg, where we would be on the flank and rear of the enemy -should he move against McLaws, and where we could more readily unite -with the rest of our army. This movement, skillfully and efficiently -covered by the cavalry brigade of General Fitzhugh Lee, was -accomplished without interruption. The advance of McClellan's army -did not appear on the west side of the pass at Boonsboro until about -8 A.M. on the following morning. - -The resistance that our troops had offered there secured sufficient -time to enable General Jackson to complete the reduction of Harper's -Ferry. The attack on the garrison began at dawn on the 15th. A rapid -and vigorous fire was opened by the batteries of General Jackson, in -conjunction with those on Maryland and Loudon Heights. In about two -hours, the garrison, consisting of more than eleven thousand men, -surrendered. Seventy-three pieces of artillery, about thirteen -thousand small-arms, and a large quantity of military stores fell -into our hands. General A. P. Hill remained formally to receive the -surrender of the troops and to secure the captured property. - -The commands of Longstreet and D. H. Hill reached Sharpsburg on the -morning of the 15th. General Jackson arrived early on the 16th, and -General J. G. Walker came up in the afternoon. The movements of -General McLaws were embarrassed by the presence of the enemy in -Crampton Gap. He retained his position until the 14th, when, finding -that he was not to be attacked, he gradually withdrew his command -toward the Potomac, then crossed at Harper's Ferry, and marched by -way of Shepardstown. His progress was slow, and he did not reach the -battle-field at Sharpsburg until some time after the engagement of -the 17th began. - -At this time the letter, from which the following extract is made, -was addressed by me to General R. E. Lee, commanding our forces in -Maryland: - - "SIR: It is deemed proper that you should, in accordance with - established usage, announce, by proclamation, to the people of - Maryland, the motives and purposes of your presence among them at the - head of an invading army; and you are instructed in such proclamation - to make known," etc. - -In obedience to instructions, General Lee issued the following -address: - - "HEADQUARTERS, ARMY OF NORTHERN VIRGINIA, NEAR FREDERICK, - _September 8, 1862._ - - "TO THE PEOPLE OF MARYLAND: It is right that you should know the - purpose that has brought the army under my command within the limits - of your State, so far as that purpose concerns yourselves. - - "The people of the Confederate States have long watched, with the - deepest sympathy, the wrongs and outrages that have been inflicted - upon the citizens of a Commonwealth allied to the States of the South - by the strongest social, political, and commercial ties, and reduced - to the condition of a conquered province. - - "Under the pretense of supporting the Constitution, but in violation - of its most valuable provisions, your citizens have been arrested and - imprisoned upon no charge, and contrary to the forms of law. - - "A faithful and manly protest against this outrage, made by a - venerable and illustrious Marylander, to whom in his better days no - citizen appealed for right in vain, was treated with scorn and - contempt. - - "The government of your chief city has been usurped by armed - strangers; your Legislature has been dissolved by the unlawful arrest - of its members; freedom of the press and of speech has been - suppressed; words have been declared offenses by an arbitrary decree - of the Federal Executive; and citizens ordered to be tried by - military commissions for what they may dare to speak. - - "Believing that the people of Maryland possess a spirit too lofty to - submit to such a Government, the people of the South have long wished - to aid yon in throwing off this foreign yoke, to enable you again to - enjoy the inalienable rights of freemen, and restore the independence - and sovereignty of your State. - - "In obedience to this wish, our army has come among you, and is - prepared to assist yon with the power of its arms in regaining the - rights of which you have been so unjustly despoiled. - - "This, citizens of Maryland, is our mission, so far as yon are - concerned. No restraint upon your free-will is intended; no - intimidation will be allowed within the limits of this army at least. - Marylanders shall once more enjoy their ancient freedom of thought - and speech. We know no enemies among you, and will protect all of you - in every opinion. - - "It is for you to decide your destiny freely and without constraint. - This army will respect your choice, whatever it may be; and while the - Southern people will rejoice to welcome you to your natural position - among them, they will only welcome you when you come of your own free - will. - - "R. E. LEE, _General commanding._" - -The commands of Longstreet and D. H. Hill, on their arrival at -Sharpsburg, were placed in position along the range of hills between -the town and the Antietam, nearly parallel to the course of that -stream, Longstreet on the right of the road to Boonsboro and Hill on -the left. The advance of the enemy was delayed by the determined -opposition he encountered from Fitzhugh Lee's cavalry, and he did not -appear on the opposite side of the Antietam until about 2 P.M. During -the afternoon the batteries on each side were partially engaged. On -the 16th the artillery-fire became warm, and continued throughout the -day. A column crossed the Antietam beyond the reach of our batteries -and menaced our left. In anticipation of this movement Hood's two -brigades had been transferred from the right and posted between D. H. -Hill and the Hagerstown road. General Jackson was now directed to -take position on Hood's left, and formed his line with his right -resting on the Hagerstown road and his left extending toward the -Potomac, protected by General Stuart with the cavalry and -horse-artillery. General Walker with his two brigades was stationed -on Longstreet's right. As evening approached, the enemy fired more -vigorously with his artillery and bore down heavily with his infantry -upon Hood, but the attack was gallantly repulsed. At 10 P.M. Hood's -troops were relieved by the brigades of Lawton and Trimble, of -Ewell's division, commanded by General Lawton. Jackson's own -division, under General J. K. Jones, was on Lawton's left, supported -by the remaining brigades of Ewell. - -At early dawn on the 17th his artillery opened vigorously from both -sides of the Antietam, the heaviest fire being directed against our -left. Under cover of this fire a large force of infantry attacked -General Jackson's division. They were met by his troops with the -utmost resolution, and for several hours the conflict raged with -intense fury and alternate success. Our troops advanced with great -spirit; the enemy's lines were repeatedly broken and forced to -retire. Fresh troops, however, soon replaced those that were beaten, -and Jackson's men were in turn compelled to fall back. Nearly all the -field officers, with a large proportion of the men, were killed or -wounded. Our troops slowly yielded to overwhelming numbers, and fell -back, obstinately disputing every point. General Early, in command of -Ewell's division, was ordered with his brigade to take the place of -Jackson's division, most of which was withdrawn, its ammunition being -nearly exhausted and its numbers much reduced. The battle now raged -with great violence, the small commands under Hood and Early holding -their ground against many times their own infantry force and under a -tremendous fire of artillery. Hood was reënforced; then the enemy's -lines were broken and driven back, but fresh numbers advanced to -their support, and they began to gain ground. The desperate -resistance they encountered, however, delayed their progress until -the troops of McLaws arrived, and those of General J. G. Walker could -be brought from the right. Hood's brigade, though it had suffered -extraordinary loss, only withdrew to replenish their ammunition, -their supply being entirely exhausted. They were relieved by Walker's -command, who immediately attacked vigorously, driving his combatant -back with much slaughter. Upon the arrival of the reënforcements -under McLaws, General Early attacked resolutely the large force -opposed to him. McLaws advanced at the same time, and the forces -before them were driven back in confusion, closely followed by our -troops beyond the position occupied at the beginning of the -engagement. - -The attack on our left was speedily followed by one in heavy force on -the center. This was met by part of Walker's division and the -brigades of G. B. Anderson and Rodes, of D. H. Hill's command, -assisted by a few pieces of artillery. General R, H. Anderson's -division came to Hill's support, and formed in rear of his line. At -this time, by a mistake of orders, Rodes's brigade was withdrawn from -its position; during the absence of that command a column pressed -through the gap thus created, and G. B. Anderson's brigade was broken -and retired. The heavy masses moved forward, being opposed only by -four pieces of artillery, supported by a few hundred of our men -belonging to different brigades rallied by Hill and other officers, -and parts of Walker's and B. H. Anderson's commands. Colonel Cooke, -with the Twenty-seventh North Carolina Regiment, stood boldly in line -without a cartridge. The firm front presented by this small force and -the well-directed fire of the artillery checked the progress of the -enemy, and in about an hour and a half he retired. Another attack was -made soon afterward a little farther to the right, but was repulsed -by Miller's guns, of the Washington Artillery, which continued to -hold the ground until the close of the engagement, supported by a -part of R. H. Anderson's troops. The corps designated the Washington -Artillery was composed of Louisiana batteries, organized at New -Orleans in the beginning of the war, under Colonel I. B. Walton. It -was distinguished by its services in the first great battle of -Manassas, and in nearly every important conflict, as well of the army -of Virginia as that of Tennessee, to the close of the war. In the -official reports and in the traditions of both armies the names of -the batteries of the Washington Artillery have frequent and honorable -mention. - -While the attack on the center and left was in progress, repeated -efforts were made to force the passage of the bridge over the -Antietam, opposite the right wing of Longstreet, commanded by -Brigadier-General D. R. Jones. The bridge was defended by General -Toombs with two regiments of his brigade and the batteries of General -Jones. This small command repulsed five different assaults, made by a -greatly superior force. In the afternoon the enemy, in large numbers, -having passed the stream, advanced against General Jones, who held -the ridge with less than two thousand men. After a determined and -brave resistance, he was forced to give way, and the summit was -gained. General A. P. Hill, having arrived from Harper's Ferry, was -now ordered to reënforce General Jones. He moved to his support and -attacked the force now flushed with success. Hill's batteries were -thrown forward and united their fire with those of Jones, and one of -D. H. Hill's also opened with good effect from the left of the -Boonsboro road. The progress of the enemy was immediately arrested, -and his line began to waver. At this moment General Jones ordered -Toombs to charge the flank, while Archer, supported by Branch and -Gregg, moved on the front of the enemy's line. After a brief -resistance, he broke and retreated in confusion toward the Antietam, -pursued by the troops of Hill and Jones, until he reached the -protection of the batteries on the opposite side of the river. - -It was now nearly dark, and McClellan had massed a number of -batteries to sweep the approach to the Antietam, on the opposite side -of which the corps of General Porter, which had not been engaged, now -appeared to dispute our advance. Our troops were much exhausted, and -greatly reduced in numbers by fatigue and the casualties of battle. -Under these circumstances it was deemed injudicious to push our -advantage further in the face of these fresh troops added to an army -previously much exceeding the number of our own. Ours were -accordingly recalled, and formed on the line originally held by -General Jones. The repulse on the right ended the engagement, a -protracted and sanguinary conflict in which every effort to dislodge -us from our position had been defeated with severe loss. - -This great battle was fought by less than forty thousand men on our -side, all of whom had undergone the greatest labors and hardships in -the field and on the march. Nothing could surpass the determined -valor with which they met the large army of the enemy, fully supplied -and equipped, and the result reflected the highest credit on the -officers and men engaged.[63] - -On the 18th our forces occupied the position of the preceding day, -except in the center, where our line was drawn in about two hundred -yards, our ranks were increased by the arrival of a number of troops, -who had not been engaged the day before, and, though still too weak -to assume the offensive, Lee waited without apprehension a renewal of -the attack. The day passed without any hostile demonstration. During -the night of the 18th our army was withdrawn to the south side of the -Potomac, crossing near Shepardstown, without loss or molestation. The -enemy advanced on the next morning, but was held in check by General -Fitzhugh Lee with his cavalry. The condition of our troops now -demanded repose, and the army marched to the Opequan, near -Martinsburg, where it remained several days, and then moved to the -vicinity of Bunker Hill and Winchester. General McClellan seemed to -be concentrating in and near Harper's Ferry, but made no forward -movement. - -The contest on our left in this battle was the most violent. This and -the deprivation of our men are very forcibly shown in the following -account of Major-General Hood:[64] - - "On the morning of the 15th my forces were again in motion. My troops - at this period were sorely in need of shoes, clothing, and food. We - had had issued to us no meat for several days, and little or no - bread; the men had been forced to subsist principally on green corn - and green apples. Nevertheless, they were in high spirits and defiant - as we contended with the advanced guard of McClellan on the 15th and - forenoon of the 16th. During the afternoon of this day I was ordered, - after great fatigue and hunger endured by my soldiers, to take - position near the Hagerstown turnpike, in open field in front of the - Dunkard church. General Hooker's corps crossed the Antietam, swung - round with its front on the pike, and about an hour before sunset - encountered my division. I had stationed one or two batteries on a - hillock in a meadow, near the edge of a corn-field, and just by the - pike. The Texas Brigade had been disposed on the left, and that of - Law on the right. We opened fire, and a spirited action ensued, which - lasted till a late hour in the night. When the firing had in a great - measure ceased, we were so close to the enemy that we could - distinctly hear him massing his heavy bodies in our immediate front. - - "The extreme suffering of my troops for want of food induced me to - ride back to General Lee, and request him to send two or more - brigades to our relief, at least for the night, in order that the - soldiers might have a chance to cook their meager rations. He said - that he would cheerfully do so, but he knew of no command that could - be spared for the purpose; he, however, suggested that I should see - General Jackson, and endeavor to obtain assistance from him. After - riding a long time in search of the latter, I finally discovered him - alone, lying upon the ground asleep by the root of a tree. I aroused - him, and made known the half-starved condition of my troops; he - immediately ordered Lawton's, Trimble's, and Hays's brigades to our - relief. He exacted of me, however, a promise that I would come to the - support of these forces the moment I was called upon. I quickly rode - off in search of my wagons that the men might prepare and cook their - flour, as we were still without meat; unfortunately, the night was - then far advanced, and, although every effort was made in the - darkness to get the wagons forward, dawn of the morning of the 17th - broke upon us before many of the men had time to do more than prepare - the dough. Soon, thereafter, an officer of Lawton's staff dashed up - to me, saying, 'General Lawton sends his compliments, with the - request that you come at once to his support.' 'To arms!' was - instantly sounded, and quite a large number of my brave soldiers were - again obliged to march to the front, leaving their uncooked rations - in camp. - - "Not far distant in our front were drawn up, in close array, heavy - columns of Federal infantry; not leas than two corps were in sight to - oppose my small command, numbering approximately two thousand - effectives. However, with the trusty Law on my right, in the edge of - the wood, and the gallant Colonel Wafford in command of the Texas - Brigade on the left, near the pike, we moved forward to the assault. - Notwithstanding the overwhelming odds of over ten to one against us, - we drove the enemy from the wood and corn-field back upon his - reserves, and forced him to abandon his guns on our left. This most - deadly combat raged till our last round of ammunition was expended. - The First Texas Regiment had lost in the corn-field fully two thirds - of its number; and whole ranks of brave men, whose deeds were - unrecorded save in the hearts of loved ones at home, were mowed down - in heaps to the right and left. Never before was I so continually - troubled with fear that my horse would further injure some wounded - fellow-soldier lying helpless upon the ground. Our right flank, - during this short but seemingly long space of time, was toward the - main line of the Federals, and, after several ineffectual efforts to - procure reënforcements and our last shot had been fired, I ordered my - troops back to Dunkard church for the same reason which had - previously compelled Lawton, Hays, and Trimble to retire (a want of - cartridges). Upon the arrival of McLaws's division we marched to the - rear, renewed our supply of ammunition, and returned to our position - in the wood near the church, which ground we held till a late hour in - the afternoon, when we moved somewhat farther to the right and - bivouacked for the night. With the close of this bloody day ceased - the hardest-fought battle of the war." - -The following account of Colonel Taylor, in his "Four Years with -General Lee," is more comprehensive, embracing the other forces -besides Hood's brigade: - - "On the afternoon of the 16th, General McClellan directed an attack - by Hooker's corps on the Confederate left--Hood's two brigades--and - during the whole of the 17th the battle was waged, with varying - intensity, along the entire line. When the issue was first joined, on - the afternoon of the 16th, General Lee had with him less than - eighteen thousand men, consisting of the commands of Longstreet and - D. H. Hill, the two divisions of Jackson, and two brigades under - Walker. Couriers were sent to the rear to hurry up the divisions of - A. P. Hill, Anderson, and McLaws, hastening from Harper's Ferry, and - these several commands, as they reached the front at intervals during - the day, on the 17th, were immediately deployed and put to work. - Every man was engaged. We had no reserve. - - "The fighting was heaviest and most continuous on the Confederate - left. It is established by Federal evidence that the three corps of - Hooker, Mansfield, and Sumner were completely shattered in the - repeated but fruitless efforts to turn this flank, and two of these - corps were rendered useless for further aggressive movements. The - aggregate strength of the attacking column at this point reached - forty thousand men, not counting the two divisions of Franklin's - corps, sent at a late hour in the day to rescue the Federal right - from the impending danger of being itself destroyed; while the - Confederates, from first to last, had less than fourteen thousand men - on this flank, consisting of Jackson's two divisions, McLaws's - division, and the two small divisions, of two brigades each, under - Hood and Walker, with which to resist their fierce and oft-repeated - assaults. The disproportion in the center and on our right was as - great as, or even more decided than, on our left." - -In the "Report of Committee on the Conduct of the War," Part I, p. -368, General Sumner testifies as follows: - - "General Hooker's corps was dispersed; there is no question about - that. I sent one of my staff-officers to find where they were, and - General Rickets, the only officer he could find, said that he could - not raise three hundred men of the corps. There were troops lying - down on the left, which I took to belong to Mansfield's command. In - the mean time General Mansfield had been killed, and a portion of his - corps had also been thrown into confusion." - -The testimony of General McClellan, in the same report, Part I, p. -441, is to the same effect: - - "The next morning (the 18th) I found that our loss had been so great, - and there was so much disorganization in name of the commands, that I - did not consider it proper to renew the attack that day, especially - as I was sure of the arrival that day of two fresh divisions, - amounting to about fifteen thousand men. As an instance of the - condition of some of the troops that morning, I happen to recollect - the returns of the First Corps. General Hooker's, made on the morning - of the 18th, by which there were thirty-five hundred men reported - present for duty. Four days after that, the returns of the same corps - showed thirteen thousand five hundred." - -On the night of the 19th our forces crossed the Potomac, and some -brigades of the enemy followed. In the morning General A. P. Hill, -who commanded the rear-guard, was ordered to drive them back. Having -disposed his forces, an attack was made, and, as the foe massed in -front of General Pender's brigade and endeavored to turn his flank, -General Hill says, in his report: - - "A simultaneous daring charge was made, and the enemy driven - pell-mell into the river. Then commenced the most terrible slaughter - that this war has yet witnessed. The broad surface of the Potomac was - blue with the floating bodies of our foe. But few escaped to tell the - tale. By their own account, they lost three thousand men killed and - drowned from one brigade alone. Some two hundred prisoners were - taken." - -General McClellan states, in his official report, that he had in this -battle, in action, 87,164 men of all arms. - -The official reports of the commanding officers of our forces, made -at the time, show our total effective infantry to have been 27,255. -The estimate made for the cavalry and artillery, which is rather -excessive, is 8,000. This would make General Lee's entire strength -35,255. - -The official return of the Army of Northern Virginia, on September -22, 1862, after its return to Virginia, and when the stragglers had -rejoined their commands, shows present for duty, 36,187 infantry and -artillery; the cavalry, of which there is no report, would perhaps -increase these figures to 40,000 of all arms.[65] - -The return of the United States Army of the Potomac on September 20, -1862, shows present for duty, at that date, of the commands that -participated in the battle of Sharpsburg, 85,930 of all arms.[66] - -The loss of the enemy at Boonsboro and Sharpsburg was 14,794.[67] - - -[Footnote 62: To these remarks Colonel W. H. Taylor adds the following -note: "Colonel Venable, one of my associates on the staff of General -Lee, says in regard to this matter: 'This is very easily explained. -One copy was sent directly to Hill from headquarters. General Jackson -sent him a copy, as he regarded Hill in his command. It is Jackson's -copy, in his own handwriting, which General Hill has. The other was -undoubtedly left carelessly by some one at Hill's quarters." says -General McClellan, "Upon learning the contents of this order, I at -once gave orders for a vigorous pursuit."--(General McClellan's -testimony, "Report on the Conduct of the War," Part I, p. 440.)] - -[Footnote 63: Report of General R. E. Lee.] - -[Footnote 64: "Advance and Retreat," by J. B. Hood, p. 41.] - -[Footnote 65: Taylor's "Four Years with General Lee."] - -[Footnote 66: Official return from Adjutant-General's office, United -States Army. "Report of Committee on Conduct of the War," Part I, p. 492.] - -[Footnote 67: Ibid., p. 42.] - - - - -CHAPTER XXXVI. - - Efforts of the Enemy to obtain our Cotton.--Demands of European - Manufacturers.--Thousands of Operatives resorting to the - Poor-Rates.--Complaint of her Majesty's Secretary of State.--Letter - of Mr. Seward.--Promise to open all the Channels of Commerce.-- - Series of measures adopted by the United States.--Act of Congress.-- - Its Provisions.--Its Operation.--Unconstitutional Measures.-- - President Lincoln an Accomplice.--Not authorized by a State of - War.--Case before Chief-Justice Taney.--His Decision.--Expeditions - sent by the United States Government to seize Localities.--An Act - providing for the Appointment of Special Agents to seize Abandoned or - Captured Property.--The Views of General Grant.--Weakening his - Strength One Third.--Our Country divided into Districts, and Federal - Agents Appointed.--Continued to the Close of the War. - - -A class of measures was adopted by the Government of the United -States, the object of which was practically and effectually to -plunder us of a large portion of our crop of cotton, and secure its -transportation, to the manufacturers of Europe. The foreign necessity -for our cotton is represented in these words of her Majesty's -Secretary of State for Foreign Affairs, on May 6, 1862, when speaking -of the blockade of our ports: - - "Thousands are now obliged to resort to the poor-rates for - subsistence, owing to this blockade, yet her Majesty's Government - have not sought to take advantage of the obvious imperfections of - this blockade, in order to declare it ineffective. They have, to the - loss and detriment of the British nation, scrupulously observed the - duties of Great Britain to a friendly state." - -The severity of the distress thus alluded to was such, both in Great -Britain and France, as to produce an intervention of the Governments -of those countries to alleviate it. Instead, however, of adopting -those measures required in the exercise of justice to the -Confederacy, and which would have been sustained by the law of -nations, by declaring the blockade "ineffective," as it really was, -they sought, through informal applications to Mr. Seward, the -Secretary of State for the United States, to obtain opportunities for -an increased exportation of cotton from the Confederacy. This is -explained by Mr. Seward in a letter to Mr. Adams, the Minister at -London, dated July 28, 1862, in which he writes as follows: - - "The President has given respectful consideration to the desire - informally expressed to me by the Governments of Great Britain and - France for some farther relaxation of the blockade in favor of that - trade. They are not rejected, but are yet held under consideration, - with a view to ascertain more satisfactorily whether they are really - necessary, and whether they can be adopted without such serious - detriment to our military operations as would render them injurious - rather than beneficial to the interests of all concerned." - -In the same letter Mr. Seward had previously said: - - "We shall speedily open all the channels of commerce, and free them - from military embarrassments; and cotton, so much desired by all - nations, will flow forth as freely as heretofore. We have ascertained - that there are three and a half millions of bales yet remaining in the - region where it was produced, though large quantities of it are yet - unginned and otherwise unprepared for market. We have instructed the - military authorities to favor, so far as they can consistently with - the public safety, its preparation for and dispatch to the markets - where it is so much wanted." - -It has been stated elsewhere in these pages that "it became apparent -that by some understanding, express or tacit, Europe had decided to -leave the initiative in all actions touching the contest on this -continent to the two powers just named (Great Britain and France), -who were recognized to have the largest interest involved." By the -preceding extracts the demands of the Governments of Great Britain -and France for increased facilities, by which to obtain a greater -supply of cotton, are evident; at the same time the determination of -the Government of the United States to fulfill those demands is -apparent, although it placed itself under the necessity of fitting -out some military expeditions against those portions of our territory -where it was supposed the foraging for cotton would be likely to meet -with the greatest success. - -By reference to the series of measures adopted by the Government of -the United States to secure possession of our cotton, it will be seen -that it was inaugurated as early as July 13, 1861. This was within -ten days after the commencement of the first and extra session of -Congress, under the Administration of President Lincoln. It is -scarcely credible that that Government, at so early a day, foresaw -the pressing demand from Europe for cotton which would ensue a year -later. Yet it would seem that we must suppose such to have been its -foresight, or else conclude that the first of these measures was the -inauguration of a grand scheme for the plunder of our cotton-crop, to -enrich whomsoever it might concern. - -The act of the United States Congress of July 13, 1861, above -mentioned, was entitled "An act to provide for the collection of -duties on imports, and for other purposes." Under the "other -purposes" the important features of the act are contained. Section 5 -provides that-- - - "when said insurgents claim to act under the authority of any State - or States, and such claim is not disclaimed or repudiated by the - persons exercising the functions of government in such State or - States, or in the part or parts thereof in which said combination - exists, or such insurrection suppressed by said State or States, then - and in such case it may and shall be lawful for the President, by - proclamation, to declare that the inhabitants of such State, or any - section or part thereof, where such insurrection exists, are in a - state of insurrection against the United States, and thereupon all - commercial intercourse by and between the same and the citizens - thereof and the citizens of the rest of the United States shall - cease, and be unlawful, so long as such condition of hostility shall - continue; and all goods and chattels, wares and merchandise, coming - from said State or section into the other parts of the United States, - and all proceeding to such State or section, by land or water, shall, - together with the vessel or vehicle conveying the same, or conveying - persons to or from such State or section, be forfeited to the United - States: _Provided, however_, That the President may, in his - discretion, license and permit commercial intercourse with any such - part of said State or section, the inhabitants of which are so - declared in a state of insurrection, in such articles, and for such - time, and by such persons, as he, in his discretion, may think most - conducive to the public interest; and such intercourse, so far as by - him licensed, shall be conducted and carried on only in pursuance of - rules and regulations prescribed by the Secretary of the Treasury. - And the Secretary of the Treasury may appoint such officers at places - where officers of the customs are not now authorized by law, as may - be needed to carry into effect such licenses, rules, and regulations." - -It was provided in Section 9 as follows: - - "Proceedings on seizures for forfeitures, under this act, may be - pursued in the courts of the United States in any district into which - the property so seized may be taken, and proceedings instituted." - -It will be seen, by reference to the provisions of this section, that -the President of the United States was authorized to issue his -proclamation, declaring the inhabitants of any of our States, or of a -portion of any one of them, to be in insurrection, and thereupon all -commercial intercourse became unlawful, and was required to cease, -and all goods and chattels, wares and merchandise, on the way to, or -from, the State or part of a State, were forfeited to the United -States, together with the vessel, or vehicle, in which they were -conveyed. Two effects follow this proclamation: first, the cessation -of all commercial intercourse with the citizens of the United States; -second, the forfeiture of all goods _in transitu_. When this -condition has been reached, the act then authorizes the President, in -his discretion, by license, to reopen the trade in such articles, and -for such time, and by such persons, as he may think most conducive to -the public interest. The articles of trade were to be chiefly cotton -and tobacco; the time during which it might be continued was -evidently so long as it could be used for the purpose in view; the -persons were those who would most skillfully advance the end to be -accomplished; and the public interest was the collection and -transportation of the cotton to the European manufacturers. - -One may search the Constitution of the United States in vain to find -any grant of power to Congress, by which it could be authorized to -pass this act; much less to find any authority conferred upon the -President to approve the act, or to justify him in a violation of the -oath he had taken to support and maintain the provisions of the -Constitution. Congress was guilty of a most flagrant usurpation by -the passage of the act, and the President, instead of being a check -upon their unconstitutional measures, for which object the veto power -was granted to him, became, by his approval, an accomplice in their -usurpation. For nothing is more evident than that it is one of the -powers reserved to the States to regulate the commercial intercourse -between their citizens, to the extent even of the establishment of -inspection and quarantine regulations. The former of these is a -benefit to commerce, and the latter, in some special cases, only -retards it temporarily, to secure the health of a community. - -Neither did a state of war authorize the Government of the United -States to interfere with the commercial intercourse between the -citizens of the States, although under the law of nations it might be -so justified with regard to foreign enemies. But this relation it -persistently refused to concede to the Confederate States or to their -citizens. It constantly asserted that they were its subjects, in a -state of insurrection; and, if so, they were equally entitled to the -provisions of the Constitution for their protection as well as to its -penalties. Still less could the Government make an absolute -forfeiture of the goods seized, as has already been shown when -treating of the Confiscation Act. - -But that a state of war did not enlarge the powers of the Government, -as was assumed by this act, was expressly decided by Chief-Justice -Taney, in a case that arose under this act. The Secretary of the -Treasury issued the regulations for trade, as the act assumed the -power to authorize him to do, in the section presented on a previous -page. One Carpenter neglected or refused to obtain the permit -required, and his goods were seized. He contested the right of seizure, -and the Chief-Justice gave a decision at Baltimore, in May, 1863. -He said: - - "If these regulations had been made directly by Congress, they could - not be sustained by a court of justice, whose duty it is to - administer the law according to the Constitution of the United - States. For from the commencement of the Government to this day it - has been admitted on all hands, and repeatedly decided by the Supreme - Court, that the United States have no right to interfere with the - internal and domestic trade of a State. They have no right to compel - it to pass through their custom-houses, nor to tax it. This is so - plainly set forth in the Constitution, that it has never been - supposed to be open to controversy or question. Undoubtedly, the - United States authorities may take proper measures to prevent trade - or intercourse with the enemy. But it does not by any means follow - that they disregard the limits of all their own powers as prescribed - by the Constitution, or the rights and powers reserved to the States - and the people. - - "A civil war, or any other, does not enlarge the powers of the - Federal Government over the States or the people beyond what the - compact has given to it in time of war. A state of war does not annul - the tenth article of the amendment to the Constitution, which - declares that 'the powers not delegated to the United States by the - Constitution, nor prohibited by it to the States, are reserved to the - States respectively, or to the people.' Nor does a civil war, or any - other war, absolve the judicial department from the duty of - maintaining with an even and firm hand the rights and powers of the - Federal Government, and of the States, and of the citizens, as they - are written in the Constitution, which every judge is sworn to - support. Upon the whole the Court is of opinion that the regulations - in question are illegal and void, and that the seizure of the goods - of Carpenter, because he refused to comply with them, can not be - sustained. The judgment of the District Court must, therefore, be - reversed, and the goods delivered to the claimant, his agent, or - proctor." - -The proclamation of the President required by the act was issued on -August 16, 1861, declaring certain States and parts of States to be -in insurrection, etc. Under it some licenses were issued to places in -Kentucky and Missouri where the United States forces were located, -without any fruitful results. Some strong military and naval -expeditions were fitted out to invade us and occupy the ports where -cotton and other valuable products were usually shipped. An advance -was made up the Cumberland and Tennessee Rivers and down the -Mississippi, as has been stated elsewhere. The ports of Beaufort, -North Carolina, Port Royal, South Carolina, and New Orleans, -Louisiana, were declared by proclamation of the President of the -United States to be open for trade under the new system. Licenses -were granted to foreign vessels by United States consuls and to -coasting vessels by the Treasury Department, and the blockade was -relaxed so far as related to those ports, except as "to persons, -property, and information contraband of war." Collectors were -appointed at the above-mentioned ports, and a circular was addressed -to the foreign Ministers at Washington announcing the reopening of -communication with conquered Southern localities. - -Again, on March 3, 1863, an act was passed which authorized the -Secretary of the Treasury to appoint special agents to receive and -collect all abandoned or captured property in any State or portion of -a State designated as in insurrection. Under this act a paper -division of the whole of our territory was made into five special -districts, and to each a special agent was appointed with numerous -assistants. Abandoned property was defined to be that which had been -deserted by the owners, or that which had been voluntarily abandoned -by them to the civil or military authorities of the United States. -Property which had been seized or taken from hostile possession by -the military or naval forces was also to be turned over to the -special agents to be sold. All property not transported in accordance -with the Treasury regulations was forfeitable. All expenses incurred -in relation to the property were charged upon it. - -The views of General Grant on the operation of this system of -measures, as tending to retard the success of subjugation, which was -the object of the war, were presented to the Secretary of the United -States Treasury in a letter dated at Vicksburg on July 21, 1863. He -writes: - - "My experience in West Tennessee has convinced me that any trade - whatever with the rebellious States is weakening to us at least - thirty-three per cent. of our force. No matter what restrictions are - thrown around trade, if any whatever is allowed, it will be made the - means of supplying to the enemy what they want. Restrictions, if - lived up to, make trade unprofitable, and hence none but dishonest - men go into it. I will venture to say that no honest man has made - money in West Tennessee in the last year, while many fortunes have - been made there during the time. The people in the Mississippi Valley - are now nearly subjugated. Keep trade out for a few months, and I - doubt not but that the work of subjugation will be so complete that - trade can be opened freely with the States of Arkansas, Louisiana, - and Mississippi." - -On September 11, 1863, revised regulations were issued by the -Secretary which divided the country into thirteen districts, from -Wheeling, West Virginia, to Natchez, on the Mississippi, and a -complete system of trade and transportation was organized. In -December, 1864, new regulations were issued, which authorized the -purchase of our products at certain points from any person with bonds -furnished by the Treasury. The products were sold, transportation was -allowed, and the proceeds were made to constitute a fund for further -purchases. A vigorous traffic sprang up under these regulations, -which were suspended by an order of General Grant, issued on March -10, 1865, and revoked on April 11th by himself. On April 29, 1865, -all restrictions upon internal, domestic, and coastwise commercial -intercourse with all the country east of the Mississippi River were -discontinued. - - - - -CHAPTER XXXVII. - - The Enemy crosses the Potomac and concentrates at Warrenton.-- - Advances upon Fredericksburg.--Its Position.--Our Forces.--The - Enemy crosses the Rappahannock.--Attack on General Jackson.--The - Main Attack.--Repulse of the Enemy on the Right.--Assaults on the - Left.--The Enemy's Columns broke and fled.--Recross the River.-- - Casualties.--Position during the Winter.--The Enemy again crosses - the Rappahannock.--Also crosses at Kelly's Ford.--Converging toward - Chancellorsville, to the Rear of our Position.--Inactivity on our - Front.--Our Forces concentrate near Chancellorsville and encounter - the Enemy.--Position of the Enemy.--Attempt to turn his Right.-- - The Enemy surprised and driven in the Darkness.--Jackson fired upon - and wounded.--Stuart in Command.--Battle renewed.--Fredericksburg - reoccupied.--Attack on the Heights.--Repulse of the Enemy.--The - Enemy withdraws in the Night.--Our Strength.--Losses.--Death of - General Jackson.--Another Account. - - -About the middle of October, 1862, General McClellan crossed the -Potomac east of the Blue Ridge and advanced southward, seizing the -passes of the mountains as he progressed. In the latter part of the -month he began to incline eastwardly from the mountains, moving in -the direction of Warrenton, about which he finally concentrated, his -cavalry being thrown forward beyond the Rappahannock in the direction -of Culpeper Court-House. - -On November 15th the enemy was in motion. The indications were that -Fredericksburg was again to be occupied. Sumner's corps had marched -in the direction of Falmouth, and gunboats and transports had entered -Acquia Creek. - -McLaws's and Ransom's divisions were ordered to proceed to that city; -and on the 21st it became apparent that the whole army--under -General Burnside, who had succeeded General McClellan--was -concentrating on the north side of the Rappahannock. - -About November 26th Jackson was directed to advance toward -Fredericksburg, and, as some of the enemy's gunboats had appeared in -the river at Port Royal, and it was possible that an attempt might be -made to cross in that vicinity, D. H. Hill's division was stationed -near that place, and the rest of Jackson's corps so disposed as to -support Hill or Longstreet, as occasion might require. The fords of -the Rappahannock above Fredericksburg were closely guarded by our -cavalry, and the brigade of General W. H. F. Lee was stationed near -Port Royal to watch the river above and below. The interval before -the advance of the foe was employed in strengthening our lines, -extending from the river about a mile and a half above Fredericksburg -along the range of hills in the rear of the city to the Richmond -Railroad, As these hills were commanded by the opposite heights, in -possession of General Burnside's force, earthworks were constructed -on their crest at the most eligible positions for artillery. To -prevent gunboats ascending the river, a battery, protected by -epaulements, was placed on the bank four miles below the city. The -plain of Fredericksburg is so completely commanded by the Stafford -Heights, that no effectual opposition could be made to the passage of -the river without exposing our troops to the destructive fire of the -numerous batteries on the opposite heights. At the same time, the -narrowness of the Rappahannock and its winding course presented -opportunities for laying down pontoon-bridges at points secure from -the fire of our artillery. Our position was therefore selected with a -view to resist an advance after crossing, and the river was guarded -by detachments of sharpshooters to impede the laying of pontoons -until our army could be prepared for action. - -Before dawn, on December 11th, General Burnside was in motion. About -2 A.M. he commenced preparations to throw two bridges over the -Rappahannock opposite Fredericksburg, and one about a mile and a -quarter below, near the month of Deep Run. From daybreak until 4 -P.M., the troops, sheltered behind the houses on the river-bank, -repelled his repeated efforts to lay bridges opposite the town, -driving back his working parties and their supports with great -slaughter. At the lower point, where there was no such protection, he -was successfully resisted until nearly noon, when, being exposed to -the severe fire of the batteries on the opposite heights and a -superior force of infantry on the river-banks, our troops were -withdrawn, and about 1 P.M. the bridge was completed. Soon afterward, -one hundred and fifty pieces of artillery opened a furious fire upon -the city, causing our troops to retire from the river-bank about 4 -P.M. The enemy then crossed in boats, and proceeded rapidly to lay -down the bridges. His advance into the town was bravely contested -until dark, when our troops were recalled, the necessary time for -concentration having been gained. - -Brigadier-General William Barksdale, who commanded the force placed -in Fredericksburg to resist the crossing, performed that service with -his well-known gallantry. The enemy was prevented from constructing -bridges, and his attempts to cross in boats, under the cover of -artillery and musketry fire, were repelled until late in the -afternoon, when General Barksdale was ordered to retire; he had -directed Lieutenant-Colonel Fizer, commanding the Seventeenth -Mississippi Regiment, of Barksdale's brigade, to select some skillful -marksmen, and proceed to check the operations of the pioneers, who -had commenced to lay pontoons above the city. Colonel Fizer described -to me the novel and bold expedient to which he successfully resorted. -He said his sharpshooters were placed in rifle-pits, on the bank -opposite to that from which the bridge was started; that his men were -instructed to aim only at the bridge-builders. At dawn the workmen -came forward to lay the cover on the bridge; fire was opened, some -were killed, and the rest of the party driven ashore. Then the -enemy's batteries and riflemen opened a heavy fire on his position, -when his men would sit down in the rifle-pits and remain quiet until -the cannonade ceased. Probably under the supposition that our -sharpshooters had been driven off, the workmen would return; our -sharpshooters would arise and repeat the lesson lately given. This, -he said, with intervals of about an hour, during which a continuous -and heavy fire of artillery was kept up, occurred nine times, with -the same result--a repulse with severe loss; and that, for twelve -hours, every attempt to construct a bridge at that point was -defeated. Then, under orders, they withdrew. - -During the night and the succeeding day the enemy crossed in large -numbers at and below the town, secured from material interruption by -a dense fog. Longstreet's corps constituted our left, with Anderson's -division resting on the river, and those of McLaws, Pickett, and Hood -extending to the right. A. P. Hill, of Jackson's corps, was posted -between Hood's right and Hamilton's Crossing, on the railroad. His -front line occupied the edge of a wood. Early and Taliaferro's -divisions constituted Jackson's second line, D. H. Hill's division -his reserve. His artillery was distributed along his line in the most -eligible positions, so as to command the open ground in front. - -Shortly after 9 A.M., the partial rising of the mist disclosed a -large force moving in line of battle against Jackson. Dense masses -appeared in front of A. P. Hill, stretching far up the river in the -direction of Fredericksburg. As they advanced, Major Pellham, of -Stuart's horse-artillery, opened a rapid and well-directed enfilade -fire, which arrested their progress. Four batteries immediately -turned upon him, and, upon his withdrawal, the enemy extended his -left down the Port Royal road, and his numerous batteries opened with -vigor upon Jackson's line. Eliciting no response, his infantry moved -forward to seize the position occupied by Lieutenant-Colonel Walker. -The latter, reserving the fire of his fourteen pieces until their -line had approached within less than eight hundred yards, opened upon -it with such destructive effect as to cause it to waver and soon -retreat in confusion. - -About 1 P.M., the main attack on the right began by a furious -cannonade, under cover of which three compact lines of infantry -advanced against Hill's front. They were received as before and -momentarily checked, but, soon recovering, they pressed forward, -until, coming within range of our infantry, the contest became fierce -and bloody. Archer and Lane, who occupied the edge of a wood, -repulsed those portions of the line immediately in front of them; -but, before the interval between these commands could be closed, the -assailants pressed through in overwhelming numbers and turned the -left of Archer and the right of Lane. Attacked in front and flank, -two regiments of the former and a brigade of the latter, after a -brave resistance, gave way. Archer held his line until the arrival of -reënforcements. Thomas came to the relief of Lane and repulsed the -column that had broken his line, and drove it back to the railroad. -In the mean time a large force had penetrated the wood as far as -Hill's reserve, where it was met by a fire for which it was not -unprepared. General Hill says:[68] "The advancing columns of the -enemy encountered an obstacle at the military road which they little -expected. Gregg's brigade of South Carolinians stood in the way." The -advancing Federals were allowed to approach quite near, when that -brigade poured a withering fire into the faces of Meade's men, and -Early's division from the second line swept forward, and the contest -in the woods was short and decisive. The enemy was quickly routed and -driven out with very heavy loss, and, though largely reënforced, was -pressed back and pursued to the shelter of the railroad embankment. -Here he was gallantly charged by the brigades of Hoke and Atkinson, -and driven across the plain to his batteries. The attack on Hill's -left was repulsed by the artillery on that part of the line, against -which a hot fire from twenty-four guns was directed. The repulse of -the foe on our right was decisive and the attack was not renewed, but -his batteries kept up an active fire at intervals, and sharpshooters -skirmished along the front during the afternoon. - -While these events were transpiring on our right, the enemy, in -formidable numbers, made repeated and desperate assaults upon the -left of our line. About 11 A.M., having massed his troops under cover -of the houses of Fredericksburg, he moved forward in strong columns -to seize Marye's and Willis's Hills. All his batteries on the -Stafford Heights directed their fire upon the positions occupied by -our artillery, with a view to silence it, and cover the movement of -the infantry. Without replying to this furious cannonade, our -batteries poured a rapid and destructive fire into the dense lines of -the infantry as they advanced to the attack, frequently breaking -their ranks, and forcing them to retreat to the shelter of the -houses. Six times did he, notwithstanding the havoc inflicted by our -batteries, press on with great determination to within one hundred -yards of the foot of the hill; but here, encountering the deadly fire -of our infantry, his columns were broken, and fled in confusion to -the town. The last assault was made shortly before dark. This effort -met the fate of those that preceded it, and, when night closed in, -his shattered masses had disappeared in the town, leaving the field -covered with his dead and wounded. - -During the night our lines were strengthened by the construction of -earthworks at exposed points, and preparations made to receive the -enemy on the next day. The 14th passed, however, without a renewal of -the attack. The hostile batteries on both sides of the river played -upon our lines at intervals, our own firing but little. On the 15th -General Burnside still retained his position, apparently ready for -battle, but the day passed as the preceding. But, on the morning of -the 16th, it was discovered that he had availed himself of the -darkness of the night and the prevalence of a violent storm of wind -and rain to recross the river. The town was immediately reoccupied, -and our positions on the river-bank resumed. - -In the engagement we captured more than 900 prisoners and 9,000 stand -of arms. A large quantity of ammunition was found in Fredericksburg, -On our side 458 were killed and 3,743 wounded; total, 4,201. The loss -of the enemy was 1,152 killed, 9,101 wounded, and 3,234 missing; -total, 13,771. - -General Burnside testified before the Committee on the Conduct of the -War that he "had about 100,000 men on the south side of the river, -and every single man of them was under artillery-fire, and about half -of them were at different times formed in columns of attack." [69] - -Lee's then 20,000 Confederate troops were actively engaged. This -number composed about one fourth of the army under General Lee, The -returns of the Army of Northern Virginia show that on the 10th of -December, 1862, General Lee had present for duty 78,228, and, on -December 20th, 75,524 of all arms.[70] - -Upon being asked what causes he assigned for the failure of his -attack, General Burnside replied to the Committee on the Conduct of -the War: "It was found impossible to get the men up to the works. The -enemy's fire was too hot for them." [71] - -After the battle of Fredericksburg the Army of Northern Virginia -remained encamped on the south side of the Rappahannock until the -latter part of April, 1863. The Federal army occupied the north side -of the river opposite Fredericksburg, extending to the Potomac. Two -brigades of Anderson's division--those of Mahone and Posey--were -stationed near United States Mine or Bank Mill Ford. The cavalry was -distributed on both flanks--Fitzhugh Lee's brigade picketing the -Rappahannock above the mouth of the Rapidan and W. H. F. Lee's near -Port Royal. General Longstreet, with two divisions of his corps, was -detached for service south of James River in February, and did not -rejoin the army until after the battle of Chancellorsville. Excepting -a cavalry engagement near Kelly's Ford, on March 17th, nothing of -interest transpired during this period of inactivity. On April 14, -1863, the enemy's cavalry was concentrating on the upper Rappahannock, -but his efforts to establish himself on the south side of the river were -successfully resisted. About the 21st, small bodies of infantry appeared -at Kelly's Ford and the Rappahannock Bridge; at the same time a -demonstration was made opposite Port Royal. These, movements indicated -that the army, now commanded by Major-General Hooker, was about to -resume active operations. On the 28th, early in the morning, the enemy - crossed the river in boats near Fredericksburg, laid a pontoon-bridge, -and built another about a mile below. A considerable force crossed on -these bridges during the day, and was massed under the high banks of -the river, which afforded protection from our artillery, while the -batteries on the opposite heights completely commanded the wide plain -between our lines and the narrow river. As in the first battle at -Fredericksburg, our dispositions were made with a view to resist a -direct advance against us. But the indications were that the principal -effort would be made in some other quarter. On the 29th it was reported -that he had crossed in force near Kelly's Ford, and that a heavy column -was moving from Kelly's toward Germania Ford on the Rapidan, and another -toward Ely's Ford. The routes they were pursuing, after crossing the -Rapidan, converged near Chancellorsville, whence several roads led to -the rear of our position at Fredericksburg. General Anderson -proceeded to cover these roads on the 29th, but, learning that the -enemy had crossed the Rapidan and was approaching in strong force, he -retired early on the next morning to the intersection of the Mine and -plank roads near Tabernacle Church, and began to intrench himself. -His rear-guard, as he left Chancellorsville, was attacked by cavalry, -but, being vigorously repulsed, offered no further opposition to his -march. - -The enemy on our front near Fredericksburg continued inactive, and it -was now apparent that the main attack would be made upon our flank -and rear. It was therefore determined to leave sufficient troops to -hold our lines, and with the main body of the army to give battle to -the approaching column. Early's division of Jackson's corps and -Barksdale's brigade of McLaws's division, with part of the reserve -artillery under General Pendleton, were intrusted with the defense of -our position at Fredericksburg, and at midnight on the 30th General -McLaws marched with the rest of his command toward Chancellorsville. -General Jackson followed at dawn next morning with the remaining -divisions of his corps. He reached the position occupied by General -Anderson at 8 A.M., and immediately began to make preparations to -advance. At 11 A.M. the troops moved forward on the plank and old -turnpike roads. The enemy was soon encountered on both roads, and -heavy skirmishing with infantry and artillery ensued, our troops -pressing steadily forward. A strong attack upon McLaws was repulsed -with spirit by Semmes's brigade; and General Wright, by direction of -General Anderson, diverging to the left of the plank-road, marched by -way of the unfinished railroad from Fredericksburg to Gordonsville -and turned the Federal right. His whole line thereupon retreated -rapidly, vigorously pursued by our troops until they arrived within -about one mile of Chancellorsville. Here the enemy had assumed a -position of great natural strength, surrounded on all sides by a -dense forest filled with a tangled undergrowth, in the midst of which -breastworks of logs had been constructed with trees felled in front -so as to form an almost impenetrable abatis. His artillery swept the -few narrow roads by which his position could be approached from the -front, and commanded the adjacent woods. The left of his line -extended from Chancellorsville toward the Rappahannock, covering the -Bank Mill Ford, where he communicated with the north bank of the -river by a pontoon-bridge. His right stretched westward along the -Germania Ford road more than two miles. Darkness was approaching -before the strength and extent of his line could be ascertained; and, -as the nature of the country rendered it hazardous to attack by -night, our troops were halted and formed in line of battle in front -of Chancellorsville at right angles to the plank-road, extending on -the right to the Mine road, and to the left in the direction of the -"Furnace." - -It was evident that a direct attack by us would be attended with -great difficulty and loss, in view of the strength of his position -and his superiority of numbers. It was therefore resolved to endeavor -to turn his right flank and gain his rear, leaving a force in front -to hold him in check and conceal the movement. The execution of this -plan was intrusted to Lieutenant-General Jackson with his three -divisions. The commands of Generals McLaws and Anderson, with the -exception of Wilcox's brigade which during the night had been ordered -hack to Banks's Ford, remained in front of the enemy. Early on the -morning of the 2d General Jackson marched by the Furnace and Brock -roads, his movement being effectually covered by Fitzhugh Lee's -cavalry under General Stuart in person. As the rear of his train was -passing the furnace a large force of the enemy advanced from -Chancellorsville and attempted its capture, but this advance was -arrested. After a long and fatiguing march General Jackson's leading -division under General Rodes reached the old turnpike about three -miles in rear of Chancellorsville at 4 P.M. As the different -divisions arrived, they were formed at right angles to the road-- -Rodes's in front, Trimble's, under Brigadier-General Colston, in the -second, and A. P, Hill's in the third line. At 6 P.M. the advance was -ordered. The enemy was taken by surprise, and fled after a brief -resistance. General Rodes's men pushed forward with great vigor and -enthusiasm, followed closely by the second and third lines. Position -after position was carried, the guns captured, and every effort of -the foe to rally defeated by the impetuous rush of our troops. In the -ardor of pursuit through the thick and tangled woods, the first and -second lines at last became mingled and moved on together as one. The -fugitives made a stand at a line of breastworks across the road, but -the troops of Rodes and Colston dashed over the intrenchments -together, and the flight and pursuit were resumed and continued until -our advance was arrested by the abatis in front of the line of works -near the central position at Chancellorsville. It was now dark, and -General Jackson ordered the third line under General Hill to advance -to the front and relieve the troops of Rodes and Colston, who were -completely blended and in such disorder from their advance through -intricate woods and over broken ground that it was necessary to -reform them. As Hill's men moved forward, General Jackson, with his -staff and escort, returning from the extreme front, met the -skirmishers advancing, and in the obscurity of the night were -mistaken for the enemy and fired upon. Captain Boswell, chief -engineer of the corps, and several others, were killed and a number -wounded, among whom was General Jackson, who was borne from the -field. The command devolved upon Major-General Hill, whose division -under General Heath was advanced to the line of intrenchments which -had been reached by Rodes and Colston. A furious fire of artillery -was opened upon them, under cover of which infantry advanced to the -attack, but were handsomely repulsed. General Hill was soon afterward -disabled, and the command was turned over to General Stuart. He -immediately proceeded to reconnoiter the ground and make himself -acquainted with the disposition of the troops. The darkness of the -night and the difficulty of moving through the woods and undergrowth -rendered it advisable to defer further operations until morning, and -the troops rested on their arms in line of battle. - -As soon as the sound of cannon gave notice of Jackson's attack on the -enemy's right, the troops in front began to press strongly on the -left to prevent reënforcements being sent to the point assailed. They -advanced up to the intrenchments, while several batteries played with -good effect until prevented by the increasing darkness. - -Early on the morning of May 3d General Stuart renewed the attack upon -General Hooker, who had strengthened his right wing during the night -with additional breastworks, while a large number of guns, protected -by intrenchments, were posted so as to sweep the woods through which -our troops had to advance. Hill's division was in front, with Colston -in the second line, and Rodes in the third. The second and third -lines soon advanced to the support of the first, and the whole became -hotly engaged. The breastworks at which the attack was suspended on -the preceding evening were carried by assault, under a terrible fire -of musketry and artillery. In rear of these breastworks was a -barricade, from which the enemy was quickly driven. The troops on the -left of the plank-road, pressing through the woods, attacked and -broke the next line, while those on the right bravely assailed the -extensive earthworks behind which General Hooker's artillery was -posted. Three times were these works carried, and as often were the -brave assailants compelled to abandon them--twice by the retirement -of the troops on their left, who fell back after a gallant struggle -with superior numbers, and once by a movement of the enemy on their -right caused by the advance of General Anderson. The left, being -reënforced, finally succeeded in driving back the enemy, and the -artillery under Lieutenant-Colonels Carter and Jones, being thrown -forward to occupy favorable positions secured by the advance of the -infantry, began to play with great precision and effect. Anderson, in -the mean time, pressed gallantly forward directly upon Chancellorsville, -his right resting upon the plank-road and his left extending around the -furnace, while McLaws made a strong demonstration to the right of the -road. As the troops advancing upon the enemy's front and right converged -upon his central position, Anderson effected a junction with Jackson's -corps, and the whole line pressed irresistibly. General Hooker's army -was driven from all its fortified positions with heavy loss in killed, -wounded, and prisoners, and retreated toward the Rappahannock. By 10 A.M. -we were in full possession of the field. The troops, having become -somewhat scattered by the difficulties of the ground and the ardor of -the contest, were immediately reformed, preparatory to renewing the -attack. The enemy had withdrawn to a strong position nearer to the -Rappahannock, which he had fortified. His superiority of numbers, the -unfavorable nature of the ground, which was densely wooded, and the -condition of our troops, after the arduous and sanguinary conflict in -which they had been engaged, rendered great caution necessary. Our -operations were just completed, when further movements were arrested -by intelligence received from Fredericksburg. - -Before dawn, on the morning of the 3d, it was known that the enemy -had occupied Fredericksburg in large force, and laid down a bridge at -the town. He made a demonstration against the extreme right of the -force left to hold our lines, which was easily repulsed by General -Early. Soon afterward a column moved from Fredericksburg along the -river-banks, as if to gain the heights on the extreme left which -commanded those immediately in rear of the town. This attempt was -foiled. Very soon the enemy advanced in large force against Marye's, -and the hills to the right and left of it. Two assaults were -gallantly repulsed. After the second, a flag of truce was sent from -the town to obtain permission to provide for the wounded. Three heavy -lines advanced immediately upon the return of the flag and renewed -the attack. They were bravely repulsed on the right and left, but the -small force at the foot of Marye's Hill, overpowered by more than ten -times their numbers, was captured after an heroic resistance and the -hill carried. The success of the enemy enabled him to threaten our -communications by moving down the Telegraph road, or to come upon our -rear at Chancellorsville by the plank-road. He began to advance on -the plank-road, his progress being gallantly disputed by the brigade -of General Wilcox, who fell back slowly until he reached Salem Church -on the plank-road, about five miles from Fredericksburg. - -In this state of affairs in our rear, General Lee led General McLaws -with his three brigades to reënforce General Wilcox. He arrived at -Salem Church early in the afternoon, where he found General Wilcox in -line of battle, with a large force of the enemy--consisting, as was -reported, of one army corps and part of another--in his front. The -enemy's artillery played vigorously upon our position for some time, -when his infantry advanced in three strong lines, the attack being -directed mainly against General Wilcox, but partially involving the -brigades on his left. The assault was met with the utmost firmness, -and after a fierce struggle the first line was repulsed with great -slaughter. The second then came forward, but immediately broke under -the close and deadly fire which it encountered, and the whole mass -fled in confusion to the rear. They were pursued by the brigades of -Wilcox and Semmes, which advanced nearly a mile, when they were -halted to reform in the presence of the hostile reserve, which now -appeared in large force. It being quite dark, General Wilcox deemed -it imprudent to push the attack with his small numbers, and retired -to his original position, the enemy making no attempt to follow. The -next morning General Early advanced along the Telegraph road, and -recaptured Marye's and the adjacent hills without difficulty, thus -gaining the rear of the enemy's left. In the mean time General Hooker -had so strengthened his position near Chancellorsville, that it was -deemed inexpedient to assail it with less than our whole force, which -had been reduced by the detachment led to Fredericksburg to relieve -us from the danger that menaced our rear. - -It has been heretofore stated that General Longstreet had been sent -with two divisions of Lee's array to coöperate with General French on -the south side of the James River, in the capture of Suffolk, the -occupation of which by the enemy interrupted our collection of -supplies in the eastern counties of North Carolina and Virginia. When -the advance of Hooker threatened General Lee's front, instructions -were sent to General Longstreet to hasten his return to the army with -the large force detached with him. These instructions were repeated -with urgent insistence, yet his movements were so delayed that, -though the battle of Chancellorsville did not occur until many days -after he was expected to join, his force was absent when it occurred. -Had he rejoined his command in due time, Lee need not have diminished -his force in front of Hooker, so as to delay the renewal of the -attack and force him to a precipitate retreat, involving the loss of -his artillery and trains. It was accordingly resolved still further -to reënforce the troops in front, in order, if possible, to drive -Hooker across the Rappahannock. Some delay occurred in getting the -troops into position, owing to the broken and irregular nature of the -ground, and the difficulty of ascertaining the disposition of the -opposing forces. The attack did not begin until 6 P.M., when the -enemy's troops were rapidly driven across the plank-road in the -direction of the Rappahannock. The speedy approach of darkness -prevented General McLaws from perceiving the success of the attack, -until the foe began to recross the river a short distance below -Banks's Ford, where he had laid one of his pontoon-bridges. His right -brigades advanced through the woods in the direction of the firing, -but the retreat was so rapid that they could only join in the -pursuit. A dense fog settled over the field, increasing the obscurity -and rendering great caution necessary to avoid collision between our -own troops. Their movements were consequently slow. The next morning -it was found that the enemy had made good his escape and removed his -bridges. Fredericksburg was evacuated, and our rear no longer -threatened. But, as General Hooker had it in his power to recross, it -was deemed best to leave a force to hold our lines as before. McLaws -and Anderson being directed to return to Chancellorsville, they -reached their destination during the afternoon, in the midst of a -violent storm, which continued throughout the night and most of the -following day. Preparations were made to assail the enemy's works at -daylight on the 6th, but, on advancing our skirmishers, it was found -that, under cover of the storm and darkness of the night, he had -retreated over the river. A detachment was left to guard the -battle-field, while the wounded were removed and the captured -property collected. The rest of the army returned to its former -position. - -The loss of the enemy, according to his own statement, was 1,512 -killed and 9,518 wounded; total, 11,030. His dead and a large number -of wounded were left on the field. About 5,000 prisoners, exclusive -of the wounded, were taken, and 13 pieces of artillery, 19,500 stand -of arms, 17 colors, and a large quantity of ammunition fell into our -hands. - -Our loss was much less in killed and wounded than that of the enemy, -but of the number was one, a host in himself, Lieutenant-General -Jackson, who was wounded, and died on May 10th. Of this great -captain, General Lee, in his anguish at his death, justly said, "I -have lost my right arm." As an executive officer he had no superior, -and war has seldom shown an equal. Too devoted to the cause he served -to have any personal motive, he shared the toils, privations, and -dangers of his troops when in chief command; and in subordinate -position his aim was to understand the purpose of his commander and -faithfully to promote its success. He was the complement of Lee; -united, they had achieved such results that the public felt secure -under their shield. To us his place was never filled. - -The official return of the Army of Northern Virginia, on March 31, -1863, shows as present for duty 57,112, of which 6,509 were cavalry -and 1,621 reserve artillery. On May 20th, two weeks after the battle, -and when Pickett's and Hood's divisions had rejoined the army, the -total infantry force numbered but 55,261 effective men, from which, -if the strength of Hood's and Pickett's divisions is deducted, there -would remain 41,358 as the strength of the commands that participated -in the battles of Chancellorsville.[72] - -The Army of the Potomac numbered 120,000 men, infantry and artillery, -with a body of 12,000 well-equipped cavalry, and an artillery force -of four hundred guns.[73] - -A brief and forcible account of this battle is given by Taylor:[74] - - "A formidable force under General Sedgwick was thrown across the - river below Fredericksburg, and made demonstrations of an intention - to assail the Confederate front. Meanwhile, with great celerity and - secrecy, General Hooker, with the bulk of his array, crossed at the - upper fords, and, in an able manner and wonderfully short time, had - concentrated four of his seven army corps, numbering fifty-six - thousand men, at Chancellorsville, about ten miles west of - Fredericksburg. His purpose was now fully developed to General Lee, - who, instead of awaiting its further prosecution, immediately - determined on the movement the least expected by his opponent. He - neither proceeded to make strong his left against an attack from the - direction of Chancellorsville nor did he move southward so as to put - his army between that of General Hooker and the Confederate capital, - but, leaving General Early, with about nine thousand men, to take - care of General Sedgwick, he moved with the remainder of his army, - numbering forty-eight thousand men, toward Chancellorsville. As soon - as the advance of the enemy was encountered, it was attacked with - vigor, and very soon the Federal army was on the defensive in its - apparently impregnable position. It was not the part of wisdom to - attempt to storm this stronghold; but Sedgwick would certainly soon - be at work in the rear, and Early, with his inadequate force, could - not do more than delay and harass him. It was, therefore, - imperatively necessary to strike--to strike boldly, effectively, and - at once. There could be no delay. Meanwhile, two more army corps had - joined General Hooker, who now had about Chancellorsville ninety-one - thousand men--six corps except one division of the Second Corps - (Conch's), which had been left with Sedgwick at Fredericksburg. It - was a critical position for the Confederate commander, but his - confidence in his trusted lieutenant and brave men was such that he - did not long hesitate. Encouraged by the counsel and confidence of - General Jackson, he determined to still further divide his army; and, - while he, with the divisions of Anderson and McLaws, less than - fourteen thousand men, should hold the enemy in his front, he would - hurl Jackson upon his flank and rear, and crush and crumble him as - between the upper and nether millstone. The very boldness of the - movement contributed much to insure its success. - - "The flank movement of Jackson's wing was attended with extraordinary - success. On the afternoon of the 2d of May, he struck such a blow to - the enemy on their extreme right as to cause dismay and - demoralization to their entire army; this advantage was promptly and - vigorously followed up the next day, when Generals Lee and Stuart - (the latter then in command of Jackson's wing) joined elbows; and, - after most heroic and determined effort, their now united forces - finally succeeded in storming and capturing the works of the enemy. - - "Meantime Sedgwick had forced Early out of the heights at - Fredericksburg, and had advanced toward Chancellorsville, thus - threatening the Confederate rear. General Lee, having defeated the - greater force and driven it from its stronghold, now gathered up a - few of the most available of his victorious brigades and turned upon - the lesser. On May 3d Sedgwick's force was encountered near Salem - Church, and its further progress checked by General McLaws, with the - five brigades detached by General Lee for this service, including - Wilcox's, which had been stationed at Banks's Ford. On the next day. - General Anderson was sent to reënforce McLaws with three additional - brigades. Meanwhile, General Early had connected with these troops, - and in the afternoon, so soon as dispositions could be made for - attack, Sedgwick's lines were promptly assailed and broken, the main - assault being made on the enemy's left by Early's troops. The - situation was now a critical one for the Federal lieutenant. Darkness - came to his rescue, and on the night of the 4th be crossed to the - north side of the river. - - "On the 5th General Lee concentrated for another assault on the new - line taken up by General Hooker; but on the morning of the 6th it was - ascertained that the enemy, in General Lee's language, 'had sought - safety beyond the Rappahannock,' and the river flowed again between - the hostile hosts." - - -[Footnote 68: "Reports of the Army of Northern Virginia," vol. ii, p. 463.] - -[Footnote 69: "Report of Committee on the Conduct of the War," Part I, -p. 656.] - -[Footnote 70: Taylor's "Four year with General Lee."] - -[Footnote 71: "Report of Committee on the Conduct of the War," Part I, -p. 656.] - -[Footnote 72: Taylor's "Four Years with General Lee."] - -[Footnote 73: Swinton's "Army of the Potomac," p. 269.] - -[Footnote 74: "Four Years with General Lee."] - - - - -CHAPTER XXXVIII. - - Relations with Foreign Nations.--The Public Questions.--Ministers - abroad.--Usages of Intercourse between Nations.--Our Action.-- - Mistake of European Nations; they follow the Example of England and - France.--Different Conditions of the Belligerents.--Injury to the - Confederacy with a Single Exception.--These Agreements remained - inoperative.--Extent of the Pretended Blockade.--Remonstrances - against its Recognition.--Sinking Vessels to block up Harbors.-- - Every Proscription of Maritime Law violated by the United States - Government.--Protest.--Addition made to the Law by Great Britain.-- - Policy pursued favorable to our Enemies.--Instances.--Mediation - proposed by France to Great Britain, and Russian Letter of French - Minister.--Reply of Great Britain.--Reply of Russia.--Letter to - French Minister at Washington.--Various Offensive Actions of the - British Government.--Encouraging to the United States.--Hollow - Profession of Neutrality. - - -The public questions arising out of our foreign relations were too -important to be overlooked. At the end of the first year of the war -the Confederate States had been recognized by the leading governments -of Europe as a belligerent power. This continued unchanged to the -close. Mr. Mason became our representative in London, Mr. Slidell in -Paris, Mr. Rost in Spain, and Mr. Mann in Belgium. They performed -with energy and skill the positions, but were unsuccessful in -obtaining our recognition as an independent power. - -The usages of intercourse between nations require that official -communication be made to friendly powers of all organic changes in -the constitution of states. To those who are familiar with the -principles upon which the States known as the United States were -originally constituted, as well as those upon which the Union was -formed, the organic changes made by the secession and confederation -of the Southern States are very apparent. But to others an -explanation may be necessary. Each of the States was originally -declared to be sovereign and independent. In this condition, at a -former period, all of those then existing were severally recognized -by name by the only one of the powers which had denied their right to -independence. This gave to each a recognized national sovereignty. -Subsequently they formed a compact of voluntary union, whereby a new -organization was constituted, which was made the representative of -the individual States in all general intercourse with other nations. -So long as the compact continued in force, this agent represented -merely the sovereignty of the States. But, when a portion of the -States withdrew from the compact and formed a new one under the name -of the Confederate States, they had made such organic changes in -their Constitution as to require official notice in compliance with -the usages of nations. - -For this purpose the Provisional Government took early measures for -sending to Europe Commissioners charged with the duty of visiting the -capitals of the different powers and making arrangements for the -opening of more formal diplomatic intercourse. Prior, however, to the -arrival abroad of these Commissioners, the Government of the United -States had addressed communications to the different Cabinets of -Europe, in which it assumed the attitude of being sovereign over the -Confederate States, and alleged that these independent States were in -rebellion against the remaining States of the Union, and threatened -Europe with manifestations of its displeasure if it should treat the -Confederate States as having an independent existence. It soon became -known that these pretensions were not considered abroad to be as -absurd as they were known to be at home; nor had Europe yet learned -what reliance was to be placed in the official statements of the -Cabinet at Washington. The delegation of power granted by the States -to the General Government to represent them in foreign intercourse -had led European nations into the grave error of supposing that their -separate sovereignty and independence had been merged into one common -sovereignty, and had ceased to have a distinct existence. Under the -influence of this error, which all appeals to reason and historical -fact were vainly used to dispel, our Commissioners were met by the -declaration that foreign Governments could not assume to judge -between the conflicting representations of the two parties as to the -true nature of their previous relations. The Governments of Great -Britain and France accordingly signified their determination to -confine themselves to recognizing the self-evident fact of the -existence of a war, and to maintain a strict neutrality during its -progress. Some of the other powers of Europe pursued the same course -of policy, and it became apparent that by some understanding, express -or tacit, Europe had decided to leave the initiative in all action -touching the contest on this continent to the two powers just named, -who were recognized to have the largest interests involved, both by -reason of proximity to and of the extent of intimacy of their -commercial relations with the States engaged in war. - -It was manifest that the course of action adopted by Europe, while -based on an apparent refusal to determine the question or to side -with either party, was, in point of fact, an actual decision against -our rights and in favor of the groundless pretensions of the United -States. It was a refusal to treat us as an independent government. If -we were independent States, the refusal to entertain with us the same -international intercourse which was maintained with our enemy was -unjust, and was injurious in its effects, whatever might have been -the motive which prompted it. Neither was it in accordance with the -high moral obligations of that international code, whose chief -sanction is the conscience of sovereigns and the public opinion of -mankind, that those eminent powers should have declined the -performance of a duty peculiarly incumbent on them, from any -apprehension of the consequences to themselves. One immediate and -necessary result of their declining the responsibility of a decision, -which must have been adverse to the extravagant pretensions of the -United States, was the prolongation of hostilities to which our -enemies were thereby encouraged, and which resulted in scenes of -carnage and devastation on this continent and of misery and suffering -on the other such as have scarcely a parallel in history. Had those -powers promptly admitted our right to be treated as all other -independent nations, none can doubt that the moral effect of such -action would have been to dispel the pretension under which the -United States persisted in their efforts to accomplish our -subjugation. - -There were other matters in which less than justice was rendered to -the Confederacy by "neutral" Europe, and undue advantage conferred on -the aggressors in a wicked war. At the inception of hostilities, the -inhabitants of the Confederate States were almost exclusively -agriculturists; those of the United States were also to a large -extent mechanics, merchants, and navigators. We had no commercial -marine, while their merchant-vessels covered the ocean. We were -without a navy, while they had powerful fleets built by the money we -had in full share contributed. The power which they possessed for -inflicting injury on our coasts and harbors was thus counterbalanced -in some measure by the exposure of their commerce to attack by -private armed vessels. It was known to Europe that within a very few -years past the United States had peremptorily refused to accede to -proposals for the abolition of privateering, on the ground, as -alleged by them, that nations owning powerful fleets would thereby -obtain undue advantage over those possessing inferior naval force. -Yet no sooner was war flagrant between the Confederacy and the United -States than the maritime powers of Europe issued orders prohibiting -either party from bringing prizes into their ports. This prohibition, -directed with apparent impartiality against both belligerents, was in -reality effective against, the Confederate States only, for they -alone could find a hostile commerce on the ocean. Merely nominal -against the United States, the prohibition operated with intense -severity on the Confederacy by depriving it of the only means of -maintaining its struggle on the ocean against the crashing -superiority of naval force possessed by its enemies. The value and -efficiency of the weapon which was thus wrested from our grasp by the -combined action of "neutral" European powers, in favor of a power -which professes openly its intention of ravaging their commerce by -privateers in any future war, is strikingly illustrated by the terror -inspired among commercial classes of the United States by a single -cruiser of the Confederacy. One small steamer, commanded by officers -and manned by a crew who were debarred by the closure of neutral -ports from the opportunity of causing captured vessels to be -condemned in their favor as prizes, sufficed to double the rates of -marine insurance in Northern ports, and consign to forced inaction -numbers of Northern vessels, in addition to the direct damage -inflicted by captures at sea. - -But it was especially in relation to the so-called blockade that the -policy of European powers was so shaped as to cause the greatest -injury to the Confederacy, and to confer signal advantages on the -United States. A few words in explanation may here be necessary. - -Prior to the year 1856 the principles regulating this subject were to -be gathered from the writings of eminent publicists, the decisions of -admiralty courts, international treaties, and the usages of nations. -The uncertainty and doubt which prevailed in reference to the true -rules of maritime law, in time of war, resulting from the discordant -and often conflicting principles announced from such varied and -independent sources, had become a grievous evil to mankind. Whether a -blockade was allowable against a port not invested by land as well as -by sea, whether a blockade was valid by sea if the investing fleet -was merely sufficient to render ingress to the blockaded port -evidently dangerous, or whether it was further required for its -legality that it should be sufficient "really to prevent access," and -numerous other similar questions, had remained doubtful and undecided. - -Animated by the highly honorable desire to put an end "to differences -of opinion between neutrals and belligerents, which may occasion -serious difficulties and even conflicts" (such was the official -language), the five great powers of Europe, together with Sardinia -and Turkey, adopted in 1856 the following declaration of principles: - - "1. Privateering is and remains abolished. - - "2. The neutral flag covers enemy's goods, with the exception of - contraband of war. - - "3. Neutral goods, with the exception of contraband of war, are not - liable to capture under enemy's flag. - - "4. Blockades, in order to be binding must be effective, that is to - say, maintained by a force sufficient really to prevent access to the - coast of the enemy." - -Not only did this solemn declaration announce to the world the -principles to which the signing powers agreed to conform in future -wars, but it contained a clause to which these powers gave immediate -effect, and which provided that the states, not parties to the -Congress of Paris, should be invited to accede to the declaration. -Under this invitation every independent state in Europe yielded its -assent--at least, no instance is known to me of a refusal; and the -United States, while declining to assent to the proposition which -prohibited privateering, declared that the three remaining principles -were in entire accordance with their own views of international law. - -No instance is known in history of the adoption of rules of public -law under circumstances of like solemnity, with like unanimity, and -pledging the faith of nations with a sanctity so peculiar. - -When, therefore, this Confederacy was formed, and when neutral -powers, while deferring action on its demand for admission into the -family of nations, recognized it as a belligerent power, Great -Britain and France made informal proposals, about the same time, that -their own rights as neutrals should be guaranteed by our acceding, as -belligerents, to the declaration of principles made by the Congress -of Paris. The request was addressed to our sense of justice, and -therefore met immediate and favorable response in the resolutions of -the Provisional Congress of the 13th of August, 1861, by which all -the principles announced by the Congress of Paris were adopted as the -guide of our conduct during the war, with the sole exception of that -relative to privateering. As the right to make use of privateers was -one in which neutral nations had, as to the then existing war, no -interest; as it was a right which the United States had refused to -abandon, and which they remained at liberty to employ against us; as -it was a right of which we were already in actual enjoyment, and -which we could not be expected to renounce _flagrante bello_ against -an adversary possessing an overwhelming superiority of naval forces-- -it was reserved with entire confidence that neutral nations could not -fail to perceive that just reason existed for the reservation. Nor -was this confidence misplaced; for the official documents published -by the British Government contained the expression of the -satisfaction of that Government with the conduct of officials who -conducted successfully the delicate transaction confided to their -charge. - -These solemn declarations of principle, this implied agreement -between the Confederacy and the two powers just named, were suffered -to remain inoperative against the menaces and outrages on neutral -rights committed by the United States with unceasing and progressing -arrogance during the whole period of the war. Neutral Europe remained -passive when the United States, with a naval force insufficient to -blockade effectively the coast of a single State, proclaimed a paper -blockade of thousands of miles of coast, extending from the Capes of -the Chesapeake to those of Florida, and encircling the Gulf of Mexico -from Key West to the mouth of the Rio Grande. Compared with this -monstrous pretension of the United States, the blockades known in -history under the names of the Berlin and Milan Decrees, and the -British Orders in Council, in the years 1806 and 1807, sink into -insignificance. Those blockades were justified by the powers that -declared them, on the sole ground that they were retaliatory; yet -they have since been condemned by the publicists of those very powers -as violations of international law. It will be remembered that those -blockades evoked angry remonstrances from neutral powers, among which -the United States were the most conspicuous, and were in their -consequences the chief cause of the war between Great Britain and the -United States in 1812; also, that they formed one of the principal -motives that led to the declaration of the Congress of Paris in 1856, -in the fond hope of imposing an enduring check on the very abuse of -maritime power which was renewed by the United States in 1861 and -1862, under circumstances and with features of aggravated wrong -without precedent in history. - -Repeated and formal remonstrances were made by the Confederate -Government to neutral powers against the recognition of that -blockade. It was shown by evidence not capable of contradiction, and -which was furnished in part by the officials of neutral nations, that -the few ports of the Confederacy, before which any naval forces at -all were stationed, were invested so inefficiently that hundreds of -entries were effected into them after the declaration of the -blockade; that our enemies admitted the inefficiency of their -blockade in the most forcible manner, by repeated official complaints -of the sale to us of goods contraband of war--a sale which could not -possibly have affected their interests if their pretended blockade -had been sufficient "really to prevent access to our coasts"; that -they alleged their inability to render their paper blockade effective -as the excuse for the odious barbarity of destroying the entrance to -one of the harbors by sinking vessels loaded with stone in the -channel; that our commerce with foreign nations was interrupted, not -by the effective investment of our ports, but by watching the ports -of the West Indies; not only by the seizure of ships in the attempt -to enter the Confederate ports, but by the capture on the high-seas -of neutral vessels by the cruisers of our enemies, whenever supposed -to be bound to any point on our extensive coast, without inquiry -whether a single blockading vessel was to be found at such point; -that blockading vessels had left the ports at which they were -stationed for distant expeditions, were absent for many days, and -returned without notice either of the cessation or renewal of the -blockade; in a word, that every prescription of maritime law and -every right of neutral nations to trade with a belligerent under the -sanction of principles heretofore universally respected were -systematically and persistently violated by the United States. -Neutral Europe received our remonstrances, and submitted in almost -unbroken silence to all the wrongs that the United States chose to -inflict on its commerce. The Cabinet of Great Britain, however, did -not confine itself to such implied acquiescence in these breaches of -international law which resulted from simple inaction, but, in a -published dispatch of the Minister for Foreign Affairs, assumed to -make a change in the principle enunciated by the Congress of Paris, -to which the faith of the British Government was considered to be -pledged. The change was so important and so prejudicial to the -interests of the Confederacy that, after a vain attempt to obtain -satisfactory explanations from that Government, I directed a solemn -protest to be made. - -[Illustration: Members of the Confederate Cabinet] - -In a published dispatch from her Majesty's Foreign Office to her -Minister at Washington, under date of February 11th, 1862, occurred -the following passage: - - "Her Majesty's Government, however, are of opinion that, assuming - that the blockade was duly notified, and also that a number of ships - is stationed and remains at the entrance of a port sufficient really - to prevent access to it, _or to create an evident danger of entering - it or leaving it_, and that these ships do not voluntarily permit - ingress or egress, the fact that various ships may have successfully - escaped through it (as in the particular instance here referred to), - will not of itself prevent the blockade from being an effectual one - by international law." - -The words which I have italicized were an addition made by the -British Government of its own authority to a principle, the exact -terms of which were settled with deliberation by the common consent -of civilized nations, and by implied convention with our Government, -as already explained, and their effect was clearly to reopen to the -prejudice of the Confederacy one of the very disputed questions on -the law of blockade which the Congress of Paris proposed to settle. -The importance of this change was readily illustrated by taking one -of our ports as an example. There was "evident danger," in entering -the port of Wilmington, from the presence of a blockading force, and -by this test the blockade was effective. "Access is not really -prevented" by the blockading fleet to the same port; for steamers -were continually arriving and departing, so that, tried by this test, -the blockade was ineffective and invalid. Thus, while every energy of -our country was evoked in the struggle for maintaining its existence, -the neutral nations of Europe pursued a policy which, nominally -impartial, was practically most favorable to our enemies and most -detrimental to us. - -The exercise of the neutral right of refusing entry into their ports -to prizes taken by both belligerents was especially hurtful to the -Confederacy. It was sternly adhered to and enforced. - -The assertion of the neutral right of commerce with a belligerent, -whose ports are not blockaded by fleets sufficient really to prevent -access to them, would have been eminently beneficial to the -Confederate States, and only thus hurtful to the United States. It -was complaisantly abandoned. - -The duty of neutral states to receive with cordiality and recognize -with respect any new confederation that independent states may think -proper to form, was too clear to admit of denial, but its -postponement was equally beneficial to the United States and -detrimental to the Confederacy. It was postponed. - -In this statement of our relations with the nations of Europe, it has -been my purpose to point out distinctly that the Confederacy had no -complaint to make that those nations declared their neutrality. It -could neither expect nor desire more. The complaint was, that the -declared neutrality was delusive, not real; that recognized neutral -rights were alternately asserted and waived in such manner as to bear -with great severity on us, while conferring signal advantages on our -enemy. - -Perhaps it may not be out of place here to notice a correspondence -between the Cabinets of France, Great Britain, and Russia, relative -to a mediation between the Confederacy and the United States. On -October 30, 1862, the French Minister of Foreign Affairs, Drouyn de -l'Huys, addressed a note to the ambassadors of France at London and -St. Petersburg. In this dispatch he stated that the Emperor had -followed with painful interest the struggle which had then been going -on for more than a year on this continent. He observed that the -proofs of energy, perseverance, and courage, on both sides, had been -given at the expense of innumerable calamities and immense bloodshed; -to the accompaniments of civil conflict was to be added the -apprehension of servile war, which would be the climax of so many -irreparable misfortunes. - -If these calamities affected America only, these sufferings of a -friendly nation would be enough to excite the anxiety and sympathy of -the Emperor; but Europe also had suffered in one of the principal -branches of her industry, and her artisans had been subjected to most -cruel trials. France and the maritime powers had, during the -struggle, maintained the strictest neutrality, but the sentiments by -which they were animated, far from imposing on them anything like -indifference, seem, on the contrary, to require that they should -assist the two belligerent parties in an endeavor to escape from a -position which appeared to have no issue. The forces of the two sides -had hitherto fought with balanced success, and the latest accounts -did not show any prospect of a speedy termination of the war. - -These circumstances, taken together, seemed to favor the adoption of -measures which might bring about a truce. The Emperor of the French, -therefore, was of the opinion that there was now an opportunity of -offering to the belligerents the good offices of the maritime powers. -He, therefore, proposed to her Majesty, as well as to the Emperor of -Russia, that the three courts should endeavor, both at Washington and -in communication with the Confederate States, to bring about a -suspension of arms for six months, during which time every act of -hostility, direct or indirect, should cease, at sea as well as on -land. This armistice might, if necessary, be renewed for a further -period. - -This proposal, he proceeded to say, would not imply, on the part of -the three powers, any judgment on the origin of the war, or any -pressure on the negotiations for peace, which it was hoped would take -place during the armistice. The three powers would only interfere to -smooth the obstacles, and only within the limits which the two -interested parties would prescribe. The French Government was of the -opinion that, even in the event of a failure of immediate success, -those overtures might have proved useful in leading the minds of men -heated by passion to consider the advantages of conciliation and -peace. - -The reply of Great Britain, through Lord John Russell, on November -13, 1862, is really contained in this extract: - - "After weighing all the information which has been received from - America, her Majesty's Government are led to the conclusion that - there is no ground at the present moment to hope that the Federal - Government would accept the proposal suggested, and a refusal from - Washington at the present time would prevent any speedy renewal of - the offer." - -The Russian Government, in reply, said: - - "According to the information we have hitherto received, we are - inclined to believe that a combined step between France, England, - and Russia, no matter bow conciliatory, and how cautiously made, if - it were taken with an official and collective character, would run - the risk of causing precisely the very opposite of the object of - pacification, which is the aim of the wishes of the three courts." - -The unfavorable reception of the proposal was communicated by the -French Minister of Foreign Affairs to the representative of France at -Washington. In this communication he said: - - "Convinced as we were that an understanding between the three powers - in the sense presented by us would answer as much the interests of - the American people as our own; that even that understanding was, in - the existing circumstances, a duty of humanity, you will easily form - an idea of our regret at seeing the initiative we have taken after - mature reflection remain without results. Being also desirous of - informing Mr. Dayton, the United States Minister, of our project, I - confidently communicated it to him, and even read in his presence the - dispatch sent to London and St. Petersburg. I could not but be - surprised that the Minister of the United States should oppose his - objections to the project I communicated to him, and to hear him - express personally some doubts as to the reception which would be - given by the Cabinet at Washington to the joint offers of the good - offices of France, Russia, and Great Britain." - -It has already been stated that, by common understanding, the -initiative in all action touching the contest on this continent had -been left by foreign powers to the two great maritime nations of -Western Europe, and that the Governments of these two nations had -agreed to take no measures without previous concert. The result of -these arrangements, therefore, placed it in the power of either -France or England to obstruct at pleasure the recognition to which -the Confederacy was justly entitled, or even to prolong the -continuance of hostilities on this side of the Atlantic, if the -policy of either could be promoted by the postponement of peace. -Each, too, thus became possessed of great influence in so shaping the -general exercise of neutral rights in Europe as to render them -subservient to the purpose of aiding one of the belligerents, to the -detriment of the other. Perhaps it may not be out of place to present -a few examples by which to show the true nature of the neutrality -professed in this war. - -In May, 1861, the Government of her Britannic Majesty assured our -enemies that "the sympathies of this country [Great Britain] were -rather with the North than with the South." - -On June 1, 1861, the British Government interdicted the use of its -ports to "armed ships and privateers, both of the United States and -the so-called Confederate States," with their prizes. The Secretary -of State of the United States fully appreciated the character and -motive of this interdiction, when he observed to Lord Lyons, who -communicated it, that "this measure and that of the same character -which had been adopted by France would probably prove a death-blow to -Southern privateering"--a means, it will be remembered, which the -United States had refused to abandon for themselves. - -On the 12th of June, 1861, the United States Minister in London -informed her Majesty's Minister for Foreign Affairs that the fact of -his having held interviews with the Commissioners of our Government -had given "great dissatisfaction, and that a protraction of this -would be viewed by the United States as hostile in spirit, and to -require some corresponding action accordingly." In response to this -intimation her Majesty's Minister gave assurance that "he had no -expectation of seeing them any more." - -Further extracts will show the marked encouragement to the United -States to persevere in its paper blockade, and unmistakable -intimations that her Majesty's Government would not contest its -validity. - -On May 21, 1801, Earl Russell pointed out to the United States -Minister in London that "the blockade might, no doubt, be made -effective, considering the small number of harbors on the Southern -coast, even though the extent of three thousand miles were -comprehended in the terms of that blockade." - -On January 14, 1862, her Majesty's Minister in Washington -communicated to his Government that, in extenuation of the barbarous -attempt to destroy the port of Charleston by sinking a stone fleet in -the harbor, Mr. Seward had explained that "the Government of the -United States had, last spring, with a navy very little prepared for -so extensive an operation, undertaken to blockade upward of three -thousand miles of coast. The Secretary of the Navy had reported that -he could stop up the 'large holes' by means of his ships, but that he -could not stop up the 'small ones.' It has been found necessary, -therefore, to close some of the numerous small inlets by sinking -vessels in the channel." - -On May 6, 1862, so far from claiming the right of British subjects as -neutrals to trade with us as belligerents, and to disregard the -blockade on the ground of this explicit confession by our enemy of -his inability to render it effective, her Majesty's Minister for -Foreign Affairs claimed credit with the United States for friendly -action in respecting it. His lordship stated that-- - - "The United States Government, on the allegation of a rebellion - pervading from nine to eleven States of the Union, have now, for more - than twelve months, endeavored to maintain a blockade of three - thousand miles of coast. This blockade, kept up irregularly, but, - when enforced, enforced severely, has seriously injured the trade and - manufactures of the United Kingdom. - - "Thousands are now obliged to resort to the poor-rates for - subsistence owing to this blockade. Yet her Majesty's Government have - never sought to take advantage of the obvious imperfections of this - blockade, in order to declare it ineffective. They have, to the loss - and detriment of the British nation, scrupulously observed the duties - of Great Britain toward a friendly state." - -It is not necessary to pursue this subject further. Suffice it to say -that the British Government, when called upon to redeem its pledge -made at Paris in 1856, and renewed to the Confederacy in 1861, -replied that it could not regard the blockade of Southern ports as -having been otherwise than "practically effective in February, 1862," -and that "the manner in which it has since been enforced gives to -neutral governments no excuse for asserting that the blockade had not -been effectively maintained." - -The partiality of her Majesty's Government in favor of our enemies -was further evinced in the marked difference of its conduct on the -subject of the purchase of supplies by the two belligerents. This -difference was conspicuous from the very commencement of the war. As -early as May 1, 1861, the British Minister in Washington was informed -by the Secretary of State of the United States that he had sent -agents to England, and that others would go to France, to purchase -arms; and this fact was communicated to the British Foreign Office, -which interposed no objection. Yet, in October of the same year, Earl -Russell entertained the complaint of the United States Minister in -London, that the Confederate States were importing contraband of war -from the Island of Nassau, directed inquiry into the matter, and -obtained a report from the authorities of the island denying the -allegations, which report was inclosed to Mr. Adams, and received by -him as satisfactory evidence to dissipate "the suspicion thrown upon -the authorities by that unwarrantable act." So, too, when the -Confederate Government purchased in Great Britain, as a neutral -country (with strict observance both of the law of nations and the -municipal law of Great Britain), vessels which were subsequently -armed and commissioned as vessels of war after they had been far -removed from English waters, the British Government, in violation of -its own laws, and in deference to the importunate demands of the -United States, made an ineffectual attempt to seize one vessel, and -did actually seize and detain another which touched at the Island of -Nassau, on her way to a Confederate port, and subjected her to all -unfounded prosecution, at the very time when cargoes of munitions of -war were openly shipped from British ports to New York, to be used in -warfare against us. Further instances need not be adduced to show how -detrimental to us, and advantageous to our enemy, was the manner in -which the leading European power observed its hollow profession of -neutrality toward the belligerents. - - - - -CHAPTER XXXIX. - - Advance of General E. K. Smith.--Advance of General Bragg.--Retreat - of General Buell to Louisville.--Battle at Perryville, Kentucky.-- - General Morgan at Hartsville.--Advance of General Rosecrans.-- - Battle of Murfreesboro.--General Van Dorn and General Price.-- - Battle at Iuka.--General Van Dorn.--Battle of Corinth.--General - Little.--Captures at Holly Springs.--Retreat of Grant to Memphis.-- - Operations against Vicksburg.--The Canal.--Concentration.--Raid of - Grierson.--Attack near Port Gibson.--Orders of General Johnston.-- - Reply of General Pemberton.--Baker's Creek.--Big Black Bridge.-- - Retreat to Vicksburg.--Siege.--Surrender.--Losses.--Surrender of - Port Hudson.--Some Movements for its Relief. - - -Operations in the West now claim attention. General Bragg, soon after -taking command, as has been previously stated, advanced from Tupelo -and occupied Chattanooga. Meantime General E. K. Smith with his force -held Knoxville, in East Tennessee. Subsequently, in August, he moved -toward Kentucky, and entered that State through Big Creek Gap, some -twenty miles south of Cumberland Gap. After several small and -successful affairs, he reached Richmond in the afternoon of August -30th. Here a force of the enemy had been collected to check his -progress, but it was speedily routed, with the loss of some hundred -killed and several thousand made prisoners, and a large number of -small-arms, artillery, and wagons were captured. Lexington was next -occupied; thence he advanced to Frankfort; and, moving forward toward -the Ohio River, a great alarm was created in Cincinnati, then so -little prepared for defense that, had his campaign been an -independent one, he probably could and would have crossed the Ohio -and captured that city. His division was but the advance of General -Bragg's, and his duty to coöperate with it was a sufficient reason -for not attempting so important a movement. - -General Bragg marched from Chattanooga on September 5th, and, without -serious opposition, entered Kentucky by the eastern route, thus -passing to the rear of General Buell in Middle Tennessee, who, -becoming concerned for his line of communication with Nashville and -Louisville, and especially for the safety of the latter city, -collected all his force and retreated rapidly to Louisville. This was -a brilliant piece of strategy on the part of General Bragg, by which -he manoeuvered the foe out of a large and to us important territory. -By it north Alabama and Middle Tennessee were relieved from the -presence of the enemy, without necessitating a single engagement. - -General Buell in his retreat followed the line of the railroad from -Nashville to Louisville. General Bragg moved more to the eastward, so -as to unite with the forces under General E. K. Smith, which was -subsequently effected when the army was withdrawing from Kentucky. - -On September 18th General Bragg issued an address to the citizens of -Kentucky. Some recruits joined him, and an immense amount of supplies -was obtained, which he continued to send to the rear until he -withdrew from the State. The enemy, having received reënforcements, -as soon as our army began to retire, moved out and pressed so heavily -on its rear, under Major-General Hardee, that he halted and checked -them near Perryville. General Bragg then determined there to give -battle. - -Concentrating three of the divisions of his old command, then under -Major-General Polk, he directed him to attack on the morning of -October 8th. The two armies were formed on opposite sides of the -town. The action opened at 12.30 P.M., between the skirmishers and -artillery on both sides. Finding the enemy indisposed to advance, -General Bragg ordered him to be assailed vigorously. The engagement -became general soon after, and was continued furiously until dark. -Although greatly outnumbered, our troops did not hesitate to engage -at any odds, and, though the battle raged with varying fortune, our -men eventually carried every position, and drove the Federals about -two miles. The intervention of night terminated the action. Our force -captured fifteen pieces of artillery, killed one and wounded two -brigadier-generals and a very large number of inferior officers and -men, estimated at no lees than four thousand, and captured four -hundred prisoners. Our loss was twenty-five hundred killed, wounded, -and missing. - -Ascertaining that the enemy was heavily reënforced during the night, -General Bragg on the next morning withdrew his troops to Harrodsburg. -General Smith arrived the next day with most of his forces, and the -whole were then withdrawn to Bryantsville, the foe following slowly -but not closely. General Bragg finally took position at Murfreesboro, -and the hostile forces concentrated at Nashville, General Buell -having been superseded by General Rosecrans. - -Meantime, on November 30th, General Morgan with thirteen hundred men -made an attack on a brigade of the enemy at Hartsville. It was found -strongly posted on a hill in line of battle. Our line was formed -under fire, and the advance was made with great steadiness. The enemy -was driven from his position, through his camps, losing a battery of -Parrott guns, and finally hemmed in on the river-bank, where he -surrendered. The contest was severe, and lasted an hour and a half. -The prisoners numbered twenty-one hundred. - -Late in the month of December General Rosecrans commenced his advance -from Nashville upon the position of General Bragg at Murfreesboro. -His movement began on December 26th by various routes, but such was -the activity of our cavalry as to delay him four days in reaching the -battle-field, a distance of twenty-six miles. On the 29th General -Wheeler with his cavalry brigade gained the rear of Rosecrans's army, -and destroyed several hundreds of wagons loaded with supplies and -baggage. After clearing the road, he made the circuit of the enemy -and joined our left. Their strength, as we have ascertained, was -65,000 men. The number of fighting men we had on the field on -December 31st was 35,000, of which 30,000 were infantry and artillery. - -Our line was formed about two miles from Murfreesboro, and stretched -transversely across Stone River, which was fordable from the Lebanon -pike on the right to the Franklin road on the left. As General -Rosecrans made no demonstration on the 30th, General Bragg determined -to begin the conflict early on the morning of the 31st by the advance -of his left. The enemy was taken completely by surprise, and his -right was steadily driven until his line was thrown entirely back at -a right angle to his first position and near to the railroad, along -which he had massed reserves. Their resistance after the first -surprise was most gallant and obstinate. At night he had been forced -from every position except the one on his extreme left, which rested -on Stone River, and was strengthened by a concentration of artillery, -and now seemed too formidable for assault. - -On the next day (January 1st) the cannonading opened on the right -center about 8 A.M., and after a short time subsided. The enemy had -withdrawn from the advanced position occupied by his left flank; one -or two short contests occurred on the 3d, but his line was unchanged. -Our forces had now been in line of battle five days and nights, with -little rest, as there were no reserves. Their tents had been packed -in the wagons, which were four miles to the rear. The rain was -continuous, and the cold severe. Intelligence was received that heavy -reënforcements were coming to Rosecrans by a rapid transfer of all -the troops from Kentucky, and for this and the reasons before stated -General Bragg decided to fall back to Tullahoma, and the army was -withdrawn in good order. - -In the series of engagements near Murfreesboro we captured over 6,000 -prisoners, 30 pieces of artillery, 6,000 small-arms, a number of -ambulances, horses, and mules, and a large amount of other property. -Our losses exceeded 10,000, and that of the enemy was estimated at -over 25,000. - -After the battle of Shiloh, West Tennessee and north Mississippi were -occupied by a force under General Grant. Subsequently this force was -increased, and General Rosecrans assigned to its command. Many -positions were held in West Tennessee and north Mississippi, -extending from Memphis to the northeastern part of the State of -Mississippi, with garrisons aggregating about 42,000 men. The most -important of these positions was that of the fortified town of -Corinth. As part of the plan to subjugate the Southwestern States, -extensive preparations were made for an advance through Mississippi -and an attack on Vicksburg by combined land and naval forces. A large -number of troops occupied Middle Tennessee and north Alabama. To -defeat their general plan, and to relieve the last-mentioned places -of the presence of the enemy, General Bragg moved his army into -Kentucky, which, by this time, the Federal Government thought it -needless to overawe by the presence of garrisons. General Van Dorn -and General Price commanded the Confederate troops then in north -Mississippi. General Bragg, when he advanced into Kentucky, had left -them with instructions to operate against the Federals in that -region, and especially to guard against their junction with Buell in -Middle Tennessee. Though Van Dorn was superior in rank, he had no -power to command General Price, unless they should happen to join in -the field and do duty together. General Price on this as on other -occasions manifested his entire willingness to make a junction with -his superior officer, and about the last of August proposed to -General Van Dorn to join him, but at that time Van Dorn's available -force for the field had been sent with General Breckinridge in his -campaign against Baton Rouge. After that force had rejoined General -Van Dorn, he wrote to Price, inviting him to unite with him, that, -with their two divisions, they might make an attack upon Corinth, by -the capture of which main position of the enemy in that section of -the country he hoped to be subsequently able to drive him from north -Mississippi and West Tennessee. Price felt constrained by his -instructions to observe and if possible to prevent Rosecrans's forces -in Mississippi from effecting a junction with Buell's in Tennessee; -therefore the invitation was unfortunately postponed to a future time. - -Subsequently General Price learned that Rosecrans was moving to cross -the Tennessee and join Buell; he therefore marched from Tupelo and -reached Iuka on the 19th of September. His cavalry advance found the -place occupied by a force, which retreated toward Corinth, abandoning -a considerable amount of stores. On the 24th Van Dorn renewed in -urgent terms his request for Price to come with all his forces to -unite with him and make an attack upon Corinth. On the same day Price -received a letter from General Ord, informing him that "Lee's army -had been destroyed at Antietam; that, therefore, the rebellion must -soon terminate, and that, in order to spare the further effusion of -blood, he gave him this opportunity to lay down his arms." Price -replied, correcting the rumor about Lee's army, thanked Ord for his -kind feeling, and promised to "lay down his arms whenever Mr. Lincoln -should acknowledge the independence of the Southern Confederacy, and -not sooner." On that night General Price held a council of war, at -which it was agreed on the next morning to fall back and make a -junction with Van Dorn, it being now satisfactorily shown that the -enemy was holding the line on our left instead of moving to reënforce -Buell. The cavalry pickets had reported that a heavy force was moving -from the south toward Iuka on the Jacinto road, to meet which General -Little had advanced with his Missouri brigade, an Arkansas battalion, -the Third Louisiana Infantry, and the Texas Legion. It proved to be a -force commanded by General Rosecrans in person. A bloody contest -ensued, and the latter was driven back, with the loss of nine guns. -Our own loss was very serious. General Maury states that the Third -Louisiana regiment lost half its men, that Whitfield's legion -suffered heavily, and adds that these two regiments and the Arkansas -battalion of about a hundred men had charged and captured the enemy's -guns. In this action General Henry Little fell, an officer of -extraordinary merit, distinguished on many fields, and than whom -there was none whose loss could have been more deeply felt by his -Missouri brigade, as well as by the whole army, whose admiration he -had so often attracted by gallantry and good conduct. It was -afterward ascertained that this movement of Rosecrans was intended to -be made in concert with one by Grant moving from the west, but the -former had been beaten before the latter arrived. Before dawn Price -moved to make the proposed junction with Van Dorn, which was effected -at Ripley on the 28th of September, at which time Van Dorn in his -report says: "Field returns showed my strength to be about 22,000. -Rosecrans at Corinth had about 15,000, with about 8,000 additional -men at outposts from twelve to fifteen miles distant." In addition to -this force, the enemy had at Memphis, under Sherman, about 6,000 men; -at Bolivar, under Ord, about 8,000; at Jackson, Tennessee, under -Grant, about 3,000; at bridges and less important points, 2,000 or -3,000--making an aggregate of 42,000 in West Tennessee and north -Mississippi. - -Corinth, though the strongest, was from its salient position the -point it was most feasible to attack, and, under the circumstances, -the most important to gain. Van Dorn, therefore, decided to move so -rapidly upon it as to take it by surprise, and endeavor to capture it -before reënforcements could arrive. In a previous chapter notice has -been taken of the character and conduct of General Price; here it is -proposed in like manner to say something of General Van Dorn, -rendered the more appropriate because of the criticism to which his -attack upon Corinth has been subjected. He was an educated soldier, -had served with marked distinction in the war with Mexico; indeed, -had been quite as often noticed in official reports for gallantry and -good conduct as any officer who served in that war. After its close -he had served on the Western frontier, and in Indian warfare -exhibited a like activity and daring as that shown in the greater -battles with Mexico. Immediately on the secession of his native -State, Mississippi, he resigned from the United States Army, and, -together with his veteran commander in Texas, General Twiggs, -commenced recruiting men for the anticipated war. He was among the -first to leave the service of the United States, and came to offer -his sword to Mississippi. In the military organization there -authorized, he was appointed a brigadier-general, and, when the State -troops were transferred to the Confederacy, he entered its service. -Gentle as he was brave, and generous, freely sharing all the dangers -and privations to which his troops were subjected, he possessed, like -his associate Price, both the confidence and affection of his men. -Without entering into details of the disposition of his troops in the -attack on the works at Corinth, the result shows that they were -skillfully made, and, though final success did not crown the effort, -the failure was due to other causes than the defect of plan or want -of energy and personal effort on the part of Van Dorn. His opponent, -Rosecrans, was an engineer of high ability, and proved himself one of -the best generals in the United States Army. He had materially -strengthened the works around Corinth, and had interposed every -possible obstacle to an assault. Our army had moved rapidly from -Ripley, its point of junction, had cut the railroad between Corinth -and Jackson, Tennessee, and at daybreak on the 3d of March was -deployed for attack. By ten o'clock our force confronted the enemy -inside his intrenchments. In half an hour the whole line of outer -works was carried, the obstructions passed, and the battle opened in -earnest; the foe, obstinately disputing every point, was finally -driven from his second line of detached works, and at sunset had -retreated to the innermost lines. - -The battle had been mainly fought by Price's division on our left. -The troops had made a quick march of ten miles over dusty roads -without water; the line of battle had been formed in forests with -undergrowth; the combats of the day had been so severe that General -Price thought his troops unequal to further exertion on that day, and -it was decided to wait until morning. Of this, General Van Dorn says: - - "I saw with regret the sun sink behind the horizon as the last shot - of our sharpshooters followed the retreating foe into their innermost - lines. One hour more of daylight, and victory would have soothed our - grief for the loss of the gallant dead who sleep on that lost but not - dishonored field." - -During the night batteries were put in position to open on the town -at 4 A.M. At daybreak the action was to begin on the left, to be -immediately followed by an advance on the extreme right. The order -was not executed, the commander of the wing which was to make the -attack failed to do so, and another officer was sent to take his -place. In the mean time the center became engaged, and the action -extended to the left. The plan had been disarranged; nevertheless, -the center and left pushed forward and planted their colors on the -last stronghold of the enemy; his "heavy guns were silenced, and all -seemed about to be ended, when a heavy fire from fresh troops that -had succeeded in reaching Corinth was poured into our thin ranks," -and, with this combined assault on Price's exhausted corps, which had -sustained the whole conflict, those gallant troops were driven back. -The day was lost. The enemy, reënforced, was concentrated against our -left, and Lovell's division, which was at this time advancing, -pursuant to orders, and was on the point of assaulting the works, was -ordered to move to the left to prevent a sortie, and cover their -retreat. Our army retired during the day to Chewalla without pursuit, -and rested for the night free from molestation. - -Our loss was very heavy of gallant men and officers. In the fierce -conflicts the officers displayed not only daring, but high military -skill, their impetuous charges being marked by judicious selection of -time and place. Colonel William S. Barry, who, as commander of the -burial party, visited General Rosecrans, was courteously received by -that officer, who, while declining to admit the command within his -lines, sent assurance to General Van Dorn that "every becoming -respect should be shown to his dead and wounded. . . . He had the -grave of Colonel Rodgers, who led the Second Texas sharpshooters, -inclosed and marked with a slab, in respect to the gallantry of his -charge. Rodgers fell before Gates called on me to reënforce him on -the edge of the ditch of Battery Robbinet." [75] This officer, W. P. -Rodgers, was a captain in the First Regiment of Mississippi Rifles in -the war with Mexico, and the gallantry which attracted the admiration -of the enemy at Corinth was in keeping with the character he acquired -in the former service referred to. Of this retreat, that able soldier -and military critic, General Dabney H. Maury, in a contribution to -the "Annals of the War," wrote: - - "Few commanders have ever been so beset as Van Dorn was in the forks - of the Hatchie, and very few would have extricated a beaten army as - he did then. One, with a force stated at ten thousand men, headed him - at the Hatchie Bridge; while Rosecrans, with twenty thousand men, was - attacking his rear at the Tuscumbia Bridge, only five miles off. The - whole road between was occupied by a train of nearly four hundred - wagons, and a defeated army of about eleven thousand muskets. But Van - Dorn was never for a moment dismayed. He repulsed Ord, and punished - him severely; while he checked Rosecrans at the Tuscumbia, until he - could turn his train and army short to the left, and cross the - Hatchie by the Boneyard road, without the loss of a wagon." - -He then moved near Holly Springs, Mississippi, to await farther -developments. In the mean time General Grant massed a heavy force, -estimated at eighty thousand men, at various points on the Memphis -and Charleston Railroad. Thence he moved south, through the interior -of Mississippi, until he encamped near Water Valley. The country was -teeming with great quantities of breadstuffs and forage, and he -accumulated an immense depot of supplies at Holly Springs, and -hastened every preparation necessary to continue his advance -southward. Unless his progress was arrested, the interior of the -State, its capital, Jackson, Vicksburg, and its railroads, would fall -into his possession. As we had no force in front sufficient to offer -battle, our only alternative was to attack his communications. For -this purpose. General Van Dorn, on the night of December 15th, -quietly withdrew our cavalry, amounting to less than twenty-five -hundred men, from the enemy's front, and marched for Holly Springs. -That place was occupied by a brigade of infantry and a portion of the -Seventh Illinois Cavalry. The movement of Van Dorn was so rapid that -early on the morning of the 19th he surprised and captured the -garrison, and before eight o'clock was in quiet possession of the -town. The captured property, amounting to millions of dollars, was -burned before sunset, with the exception of the small quantity used -in arming and equipping his command. General Grant was thus forced to -abandon his campaign and to retreat hastily from the State. - -After the battle of Murfreesboro, which closed in the first days of -1863, there was a cessation of active operations in that portion of -Tennessee, and attention was concentrated upon the extensive -preparations which were in progress for a campaign into Mississippi, -with Vicksburg as the objective point. The plan, as it was developed, -was for a combined movement by land and river, the former passing -through the interior of Mississippi to approach Vicksburg in rear, -the latter to descend the Mississippi River and attack the city in -front. General Pemberton, with the main body of his command, held the -position on the Tallahatchie and Yazoo Rivers, and among the various -devices to turn that position was one more ingenious than ingenuous. -It was an offer to furnish, at prices lower than ruled in our -markets, provisions of which we stood in need, to be sent through the -Yazoo Pass and transported in boats through to the Yazoo River if we -should desire. I had, some time before, directed that cypress rafts, -as far as practicable, of sinking timber, should be thrown into the -main channel leading down from the Yazoo Pass; and saw that, if it -was not the purpose of the proposer, the effect of accepting the -proposition would be to open a water line of approach from the -Mississippi, below Memphis, then in the hands of the enemy, to the -interior in rear of Vicksburg: for that reason, I resisted much -importunity in favor of allowing the supplies to be brought in that -manner. - -In the latter part of December General Sherman, having descended the -Mississippi River, entered the Yazoo with four divisions of land -troops and five gunboats, the object being to reduce our work at -Haines's Bluff and turn Vicksburg so as to attack it in rear. The -first point at which the range of hills extending from Vicksburg up -the Yazoo approaches near to the river is at Haines's Bluff, some -twenty miles by the course of the Yazoo from the Mississippi River. -Here the troops were landed the 26th of December to attack the -redoubts which had been built upon the bluff. - -On the 27th little progress was made. On the 28th the attempt, by one -division, to approach the causeway north of the Chickasaw Bayou, was -repulsed with heavy loss. The troops were withdrawn and moved down -the river to a point below the bayou, there to unite with the rest of -the command. At daylight on the 29th the attack was resumed and -continued throughout the most of the day; the enemy were again -repulsed with heavy loss. On the next day there was firing on both -sides without conclusive results. On the 31st General Sherman sent in -a flag of trace to bury the dead. - -[Illustration: Map of action of December 26-31] - -Thereafter nothing important occurred until the latter part of -January, when the troops under General Grant embarked at Memphis and -moved down the Mississippi River to Young's Point, on the Louisiana -shore, a few miles above Vicksburg. The expected coöperation by his -forces with those of Sherman had been prevented by the brilliant -cavalry expedition under Van Dorn, which captured and destroyed the -vast supplies collected at Holly Springs for the use of Grant's -forces in the land movement referred to. This compelled Grant to -retreat to Memphis, and frustrated the combined movement which had -been projected, in connection with the river campaign, by Sherman, -and a new plan of operations resulted therefrom, in which, however, -still prominently appears the purpose of turning Vicksburg on the -north. After General Grant, descending the Mississippi from Memphis, -arrived (2d of February, 1863) in the neighborhood of Vicksburg and -assumed command of the enemy's forces, an attempt was made, by -removing obstructions to the navigation of the Yazoo Pass and Cold -Water, small streams which flow from the Mississippi into the -Tallahatchie River, to pass to the rear of Fort Pemberton at the -mouth of the latter. The never-to-be-realized hope was to reduce that -work, and thus open the way down the Yazoo River to the right flank -of the defenses of Vicksburg. - -[Illustration: Map of action north of Vicksburg] - -At the same time another attempt was made, by means of the network of -creeks and bayous on the north side of the Yazoo, to pass around and -enter the Yazoo above Haines's Bluff; but our sharpshooters, availing -themselves of every advantageous position, picked off the men upon -the boats, and Colonel (afterward General) Ferguson, with a few men -and a section of field-pieces, so harassed and beset them that they -were driven back utterly discomfited. - -Admiral Porter had, with his fleet, gone some distance up Deer Creek, -and, but for the land-forces sent to sustain him, would probably -never have returned, an adventurous party having passed in below him -with axes to fell trees so as to prevent his egress. He is described -as follows:[76] - - "I soon found Admiral Porter, who was on the deck of one of his - ironclads, with a shield made of the section of a smoke-stack, and I - doubt if he was ever more glad to meet a friend than he was to see - me. He explained that he had almost reached the Rolling Fork, when - the woods became full of sharpshooters, who, taking advantage of - trees, stumps, and the levee, would shoot down every man that poked - his nose outside the protection of their armor. . . . He informed me - at one time things looked so critical that he had made up his mind to - blow up the gunboats, and to escape with his men through the swamp to - the Mississippi River." - -This attempt to get through to Yazoo, above Haines's Bluff, had so -signally failed, that the expedition was ordered back to the -Louisiana shore above Vicksburg, where they arrived on the 27th of -March, 1863. General Grant was now in command of a large army, -holding various positions on the Mississippi River opposite to -Vicksburg, extending from Milliken's Bend above to New Carthage -below, with a fleet of gunboats in the river above Vicksburg, and -another some eight miles below. Lieutenant-General Pemberton's -military district included Vicksburg, and Major-General Gardner was -in command at Port Hudson. These posts, as long as they could be -maintained, gave us some control over the intermediate space of the -river, about two hundred and sixty miles in length, and to that -extent secured our communication with the trans-Mississippi. The -enemy, after his repeated and disastrous attempts to turn the right -flank of Vicksburg, applied his attention to the opposite direction. -General Grant first endeavored to divert the Mississippi from its -channel, by cutting a canal across the peninsula opposite to -Vicksburg, so as to make a practicable passage for transport-vessels -from a point above to one below the city. His attempt was quite -unsuccessful, and, whatever credit may be awarded to his enterprise, -none can be given to his engineering skill, as the direction given to -his ditch was such that, instead of being washed out by the current -of the river, it was filled up by its sediment. - -[Illustration: Map of area north of Vicksburg] - -Another attempt to get into the Mississippi, without passing the -batteries at Vicksburg, was by digging a canal to connect the river -with the bayou in rear of Milliken's Bend, so as to have water -communication by way of Richmond to New Carthage. These indications -of a purpose to get below Vicksburg caused General Pemberton, early -in February, 1863, to detach Brigadier-General John S. Bowen, with -his Missouri Brigade, to Grand Gulf, near the mouth of the Big Black, -and establish batteries there to command the mouth of that small -river, which might be used to pass to the rear of Vicksburg, and also -by their fire to obstruct the navigation of the Mississippi. - -On the 19th of March the flag-ship of Admiral Farragut, with one -gunboat from the fleet at New Orleans, passed up the river in -defiance of our batteries; but, on the 25th, four gunboats from the -upper fleet attempted to pass down and were repulsed, two of them -completely disabled. - -On the 16th of April a fleet of ironclads with barges in tow, Admiral -Porter commanding, under cover of the night ran the Vicksburg -batteries. One of the vessels was destroyed, and another one -crippled, but towed out of range. Subsequently, on the night of the -26th, a fleet of transports with loaded barges was floated past -Vicksburg. One or more of them was sunk, but enough escaped to give -the enemy abundant supplies below Vicksburg and boats enough for -ferriage uses. On the 20th of April the movement of the enemy -commenced through the country on the west side of the river to their -selected point of crossing below Grand Gulf. - -On the 29th the enemy's gunboats came down and took their stations in -front of our batteries and rifle-pits at Grand Gulf. A furious -cannonade was continued for many hours, and the fleet withdrew, -having one gunboat disabled, and otherwise receiving and inflicting -but little damage. Among the casualties on our side was that of -Colonel William Wade, the chief of artillery, an officer of great -merit, alike respected and beloved, whose death was universally -regretted. - -In a short time the fleet reappeared from behind a point which had -concealed them from view. The gunboats now had transports lashed to -their farther side, and, protected by their iron shields, ran by our -batteries at full speed, losing but one transport on the way. - -On the evening of the 29th of April the enemy commenced ferrying over -troops from the Louisiana to the Mississippi shore to a landing just -below the mouth of Bayou Pierre. General Green with his brigade moved -thither, and, when the enemy on the night of the 30th commenced his -advance, General Green attacked him with such impressive vigor as to -render their march both cautious and slow. As additional forces came -up, Green retired, skirmishing. In the mean time Generals Tracy and -Baldwin, with their brigades, had by forced marches joined General -Green, and about daylight a more serious conflict occurred, lasting -some two hours and a half, during which General Tracy, a -distinguished citizen of Alabama, of whom patriotism made a soldier, -fell while gallantly leading his brigade in the unequal combat in -which it was engaged. Step by step, disputing the ground, Green -retired to the range of hills three miles southwest of Port Gibson, -where General Bowen joined him and arranged a new line of battle. The -enemy's forces were steadily augmented by the arrival of -reënforcements from the rear. Our troops continued most valiantly to -resist until, between nine and ten o'clock, outflanked both on our -right and left, their condition seemed almost hopeless, when, by a -movement to which desperation gave a power quite disproportionate to -the numbers, the right wing of the enemy was driven back, and our -forces made good their retreat across the bridge over Bayou Pierre. -General Cockerell, commanding our left wing, led this forlorn hope in -person, and to the fortune which favors the brave must be attributed -the few casualties which occurred in a service so hazardous. General -Bowen promptly intrenched his camp on the east side of Bayou Pierre -and waited for future developments. The relative forces engaged in -the battle of the 1st of May were, as nearly as I have been able to -learn, fifty-five hundred Confederates and twenty thousand Federals. -Fresh troops were reported to be joining Grant's army, and one of his -corps had been sent to cross by a ford above so as to get in rear of -our position. The reënforcements which were _en route_ to Bowen had -not yet approached so near as to give him assurance of coöperation. - -To divert notice from this movement to get in the rear of Bowen, on -the morning of the 2d, Grant ordered artillery-fire to be opened on -our intrenchments across Bayou Pierre. It was quite ineffectual, and -probably was not expected to do more than occupy attention. During -the forenoon Bowen sent a flag of truce to ask suspension of -hostilities for the purpose of burying the dead. This was refused, -and a demand made for surrender. That was as promptly as decidedly -rejected, and, as the day wore away without the arrival of -reënforcement, Bowen, under cover of night, commenced a retreat, his -march being directed toward Grand Gulf. General Loring with his -division soon joined him. Directions were sent to the garrison at -Grand Gulf to dismantle the fortifications and evacuate the place. On -the morning of the 3d General Grant commenced a pursuit of the -retreating force, which, however, was attended with only unimportant -skirmishes; Bowen, with the reënforcements which were marching to his -support, recrossed the Big Black at Hankinson's Ferry, and all, under -the orders of General Pemberton, were assigned to their respective -positions in the army he commanded. - -While the events which have just been narrated were transpiring, -Colonel Grierson with three regiments of cavalry made a raid from the -northern border of Mississippi through the interior of the State, and -joined General Banks at Baton Rouge in Louisiana. Among the -expeditions for pillage and arson this stands prominent for savage -outrages against defenseless women and children, constituting a -record alike unworthy a soldier and a gentleman. - -Grant with his large army was now marching into the interior of -Mississippi, his route being such as might either be intended to -strike the capital (Jackson) or Vicksburg. The country through which -he had to pass was for some distance composed of abrupt hills, and -all of it poorly provided with roads. There was reasonable ground to -hope that, with such difficult communications with his base of -supplies, and the physical obstacles to his progress, he might be -advantageously encountered at many points and be finally defeated. In -such warfare as was possible, that portion of the population who were -exempt or incapable of full service in the army could be very -effective as an auxiliary force. I therefore wrote to the Governor, -Pettus, a man worthy of all confidence, as well for his patriotism as -his manhood, requesting him to use all practicable means to get every -man and boy, capable of aiding their country in its need, to turn -out, mounted or on foot, with whatever weapons they had, to aid the -soldiers in driving the invader from our soil. The facilities the -enemy possessed in river transportation and the aid which their -iron-clad gunboats gave to all operations where land and naval forces -could be combined were lost to Grant in this interior march which he -was making. Success gives credit to military enterprises; had this -failed, as I think it should, it surely would have been pronounced an -egregious blunder. Other efforts made to repel the invader will be -noticed in the course of the narrative. - -After the retreat of Bowen which has been described. General -Pemberton, anticipating an attack on Vicksburg from the rear, -concentrated all the troops of his command for its defense. All -previous demonstrations indicated the special purpose of the enemy to -be its capture. Its strategic importance justified the belief that he -would concentrate his efforts upon that object, and this opinion was -enforced by the difficulty of supplying his army in the region into -which he was marching, and the special advantages of Vicksburg as his -base. The better mode of counteracting his views, whatever they might -be, it would be more easy now to determine than it was when General -Pemberton had to decide that question. The superior force of the -enemy enabled him at the same time, while moving the main body of his -troops through Louisiana to a point below Vicksburg, to send a corps -to renew the demonstration against Haines's Bluff. Finding due -preparation made to resist an attack there, this demonstration was -merely a feint, but, had Pemberton withdrawn his troops, that feint -could have been converted into a real attack, and the effort so often -foiled to gain the heights above Vicksburg would have become a -success. When that corps retired, and proceeded to join the rest of -Grant's army which had gone toward Grand Gulf, Pemberton commenced -energetically to prepare for what was now the manifest object of the -enemy. From his headquarters at Jackson, Mississippi, he, on the 23d -of April, directed Major-General Stevenson, commanding at Vicksburg, -"that communications, at least for infantry, should be made by the -shortest practicable route to Grand Gulf. The indications now are -that the attack will not be made on your front or right, and all -troops not absolutely necessary to hold the works at Vicksburg should -be held as a movable force for either Warrenton or Grand Gulf." On -the 28th Brigadier-General Bowen, commanding at Grand Gulf, reported -that "transports and barges loaded down with troops are landing at -Hard-Times on the west bank." Pemberton replied by asking: "Have you -force enough to hold your position? If not, give me the smallest -additional number with which you can." At this time the small cavalry -force remaining in Pemberton's command compelled him to keep infantry -detachments at many points liable to be attacked by raiding parties -of the enemy's mounted troops, a circumstance seriously interfering -with the concentration of the forces of his command. Instructions -were sent to all the commanders of his cavalry detachments to move -toward Grand Gulf, to harass the enemy in flank and rear, -obstructing, as far as might be, communications with his base. A -dispatch was sent to Major-General Buckner, commanding at Mobile, -asking him to protect the Mobile and Ohio Railroad, as Pemberton -required all the troops he could spare to strengthen General Bowen. A -dispatch was also sent to General J. E. Johnston, at Tullahoma, -saying that the Army of Tennessee must be relied on to guard the -approaches through north Mississippi. To Major-General Stevenson, at -Vicksburg, he sent a dispatch: "Hold five thousand men in readiness -to move to Grand Gulf, and, on the requisition of Brigadier-General -Bowen, move them; with your batteries and rifle-pits manned, the city -front is impregnable." At the same time the following was sent to -General Bowen: "I have directed General Stevenson to have five -thousand men ready to move on your requisition, but do not make -requisition unless absolutely necessary for your position. I am also -making arrangements for sending you two or three thousand men from -this direction in case of necessity." - -The policy was here manifested of meeting the enemy in the hills east -of the point of his debarkation, yet all unfriendly criticism has -treated General Pemberton's course on that occasion as having been -voluntarily to withdraw his troops to within the intrenchments of -Vicksburg. His published reports show what early and consistent -efforts he made to avoid that result. - -After General J. E. Johnston had recovered from the wound received at -Seven Pines, he was on the 24th of November, 1862, by special order -No. 275, assigned to the command of a geographical department -including the States of Tennessee, Mississippi, Alabama, and parts of -Louisiana, Georgia, and North Carolina. The order gives authority to -establish his headquarters wherever, in his judgment, will best -secure facilities for ready communication with the troops of his -command; and provides that he "will repair to any part of said -command whenever his presence may for the time be necessary or -desirable." While the events which have been described were occurring -in Pemberton's command, he felt seriously the want of cavalry, and -was much embarrassed by the necessity for substituting portions of -his infantry to supply the deficiency of cavalry. - -These embarrassments and the injurious consequences attendant upon -them were frequently represented. In his report he states, after -several other applications for cavalry, that on March 25th he wrote -to General Johnston, commanding department, "urgently requesting that -the division of cavalry under Major-General Van Dorn, which had been -sent to the Army of Tennessee for special and temporary purposes, -might be returned." He gives the following extract from General -Johnston's reply of April 3d to his request: - - "In the present aspect of affairs, General Van Dorn's cavalry is much - more needed in this department than in that of Mississippi and East - Louisiana, and can not be sent back as long as this state of things - exists. You have now in your department five brigades of the troops - you most require, viz., infantry, belonging to the Army of Tennessee. - This is more than a compensation for the absence of General Van - Dorn's cavalry command." - -To this Pemberton rejoined that cavalry was dispensable, stating the -positions where the enemy was operating on his communications, and -the impossibility of defending the railroads by infantry. Referring -to the advance of the enemy from Bruinsburg, Pemberton, in his -report, makes the following statement: - - "With a moderate cavalry force at my disposal, I am firmly convinced - that the Federal army under General Grant would have been unable to - maintain its communication with the Mississippi River, and that the - attempt to reach Jackson and Vicksburg would have been as signally - defeated in May, 1863, as a like attempt from another base had, by - the employment of cavalry, been defeated in December, 1862." - -Pemberton commenced, after the retreat of Bowen, to concentrate all -his forces for the great effort of checking the invading army, and on -the 6th of May telegraphed to the Secretary of War that the -reënforcements sent to him were very insufficient, adding: "The stake -is a great one; I can see nothing so important." On the 12th of May -he sent a telegram to General J. E. Johnston, and a duplicate to the -President, announcing his purpose to meet the enemy then moving with -heavy force toward Edwards's Depot, and indicated that as the -battle-field; he urgently asked for more reënforcements: "Also, that -three thousand cavalry be at once sent to operate on this line. I -urge this as a positive necessity. The enemy largely outnumbers me, -and I am obliged to hold back a large force at the ferries on Big -Black." This was done to prevent the foe passing to his rear. - -Large bodies of troops continued to descend the river, land above -Vicksburg, and, to avoid our batteries at that place, to move on the -west side of the river to reënforce General Grant. This seemed to -justify the conclusion that the main effort in the West was to be -made by that army, and, supposing that General Johnston would be -convinced of the fact if he repaired to that field in person, as well -as to avail ourselves of the public confidence felt in his military -capacity, he was ordered, on the 9th of May, 1863, to "proceed at -once to Mississippi and take chief command of the forces, giving to -those in the field, as far as practicable, the encouragement and -benefit of your personal direction. Arrange to take, for temporary -service, with you, or to be followed without delay, three thousand -good troops," etc. - -On the 12th, the same day General Pemberton had applied for -reënforcements, he instructed Major-General Stevenson as follows: - - "From information received, it is evident that the enemy is advancing - in force on Edwards's Depot and Big Black Bridge; hot skirmishing has - been going on all the morning, and the enemy are at Fourteen-Mile - Creek. You must move with your whole division to the support of - Loring and Bowen at the bridge, leaving Baldwin's and Moore's - brigades to protect your right." - -In consequence of that information, Brigadier-General Gregg, who was -near Raymond, received cautionary instruction; notwithstanding which, -he was attacked by a large body of the enemy's forces, and his single -brigade, with great gallantry and steadiness, held them in check for -several hours, and then retired in such good order as to attract -general admiration. Meantime, bodies of the enemy's troops were sent -into the interior villages, and much damage was done in them, and to -the defenseless, isolated homes in the country. - -General Johnston arrived at Jackson on the 13th of May, 1863, and -telegraphed to J. A. Seddon, Secretary of War, as follows: - - "I arrived this evening, finding the enemy in force between this - place and General Pemberton, cutting off the communication. I am too - late." - -In the order assigning General Johnston to the geographical -Department of the West, he was directed to repair in person to any -part of his command, whenever his presence might be for the time -necessary or desirable. On the 9th of May, 1863, he was ordered to -proceed at once to Mississippi and take chief command of the forces -in the field. - -When he reached Jackson, learning that the enemy was between that -place and the position occupied by General Pemberton's forces, about -thirty miles distant, he halted there and opened correspondence with -Pemberton, from which a confusion with consequent disaster resulted, -which might have been avoided had he, with or without his -reënforcements, proceeded to Pemberton's headquarters in the field. -What that confusion or want of co-intelligence was, will best appear -from citing the important part of the dispatches which passed between -them. On May 13th General Johnston, then at Jackson, sent the -following dispatch to General Pemberton, which was received on the -14th: - - "I have lately arrived, and learn that Major-General Sherman is - between us, with four divisions at Clinton. It is important to - reestablish communications, that you may be reënforced. If - practicable, come up in his rear at once--to beat such a detachment - would be of immense value. Troops here could coöperate. All the - troops you can quickly assemble should be brought. Time is - all-important." - -On the same day, the 14th, General Pemberton, then at Bovina, replied: - - "I have the honor to acknowledge receipt of your communication. I - moved at once with whole available force, about sixteen thousand, - leaving Vaughan's brigade, about fifteen hundred, at Big Black - Bridge; Tilghman's brigade, fifteen hundred, now at Baldwin's Ferry, - I have ordered to bring up the rear of my column; he will be, - however, from fifteen to twenty miles behind it. Baldwin's Ferry will - be left, necessarily, unprotected. To hold Vicksburg are Smith's and - Forney's divisions, extending from Snyder's Mills to Warrenton, - numbering effectives seven thousand eight hundred men. . . . I do not - think that you fully comprehend the position that Vicksburg will be - left in; but I comply at once with your order." - -On the same day, General Pemberton, after his arrival at Edwards's -Depot, called a council of war of all the general officers present. -He placed General Johnston's dispatch before them, and stated his own -views against the propriety of an advance, but expressed the opinion -that the only possibility of success would be by a movement on the -enemy's communications. A majority of the officers present expressed -themselves favorable to the plan indicated by General Johnston. The -others, including Major-Generals Loring and Stevenson, "preferred a -movement by which the army might attempt to cut off the enemy's -supplies from the Mississippi River." General Pemberton then sent the -following dispatch to General Johnston: - - EDWARDS'S DEPOT, _May 14, 1863._ - - "I shall move as early to-morrow morning as practicable, with a - column of seventeen thousand men, to Dillon's, situated on the main - road leading from Raymond to Port Gibson, seven and a half miles - below Raymond, and nine and a half miles from Edwards's Depot. The - object is to cut the enemy's communication and to force him to attack - me, as I do not consider my force sufficient to justify an attack on - the enemy in position, or to attempt to cut my way to Jackson. At - this point your nearest communication would be through Raymond." - -The movement commenced about 1 P.M. on the 15th, General Pemberton -states that the force at Clinton was an army corps, numerically -greater than his whole available force in the field; that-- - - "The enemy had at least an equal force to the south, on my right - flank, which would be nearer Vicksburg than myself, in case I should - make the movement proposed. I had, moreover, positive information - that he was daily increasing his strength. I also learned, on - reaching Edwards's Depot, that one division of the enemy (A. J. - Smith's) was at or near Dillon's." - -On the morning of the 16th, about 6.30 o'clock, Colonel Wirt Adams, -commanding the cavalry, reported to General Pemberton that his -pickets were skirmishing with the enemy on the Raymond road in our -front. At the same moment a courier arrived and delivered the -following dispatch from General Johnston: - - "CANTON ROAD, TEN MILES FROM JACKSON, - - "_May 15, 1863, 8.30_ o'clock A.M. - - "Our being compelled to leave Jackson makes your plan impracticable. - The only mode by which we can unite is by your moving directly to - Clinton and informing me, that we may move to that point with about - six thousand." - -Pemberton reversed his column to return to Edwards's Depot and take -the Brownsville road, so as to proceed toward Clinton on the north -side of the railroad, and sent a reply to General Johnston to notify -him of the retrograde movement and the route to be followed. Just as -the reverse movement commenced, the enemy drove in the cavalry -pickets and opened fire with artillery. - -The continuance of the movement was ordered, when, the demonstrations -of the enemy becoming more serious, orders were issued to form a line -of battle, with Loring on the right, Bowen in the center, and -Stevenson on the left. Major-General Stevenson was ordered to make -the necessary dispositions for protecting the trains on the Clinton -road and the crossing of Baker's Creek. The line of battle was -quickly formed in a position naturally strong, and the approaches -from the front well covered. The enemy made his first demonstration -on the right, but, after a lively artillery duel for an hour or more, -this attack was relinquished, and a large force was thrown against -the left, where skirmishing became heavy. About ten o'clock the -battle began in earnest along Stevenson's entire front. About noon -Loring was ordered to move forward and crush the enemy in his front, -and Bowen to coöperate. No movement was made by Loring; he said the -force was too strongly posted to be attacked, but that he would seize -the first opportunity to assault if one should offer. Stevenson soon -found that unless reënforced he would be unable to resist the heavy -and repeated attacks along his line. Aid was sent to him from Bowen, -and for a time the tide of battle turned in our favor. The enemy -still continued to move troops from his left to his right, thus -increasing on that flank his vastly superior forces. General -Pemberton, feeling assured that there was no important force in front -of Loring, again ordered him to move to the left as rapidly as -possible. To this order, the answer was given that the enemy was in -strong force and endeavoring to turn his flank. As there was no -firing on the right, the order was repeated. Much time was lost in -exchanging these messages. At 4 P.M. a part of Stevenson's division -broke badly and fell back. Some assistance finally came from Loring, -but it was too late to save the day, and the retreat was ordered. Had -the left been promptly supported when it was first so ordered, it is -not improbable that the position might have been maintained and the -enemy possibly driven back, although his increasing numbers would -have rendered it necessary to withdraw during the night to save our -communications with Vicksburg unless promptly reënforced. The -dispatch of the 15th from General Johnston, in obedience to which -Pemberton reversed his order of march, gave him the first -intelligence that Johnston had left Jackson; but, while making the -retrograde movement, a previous dispatch from Johnston, dated "May -14, 1863, camp seven miles from Jackson," informed Pemberton that the -body of Federal troops, mentioned in his dispatch of the 13th, had -compelled the evacuation of Jackson, and that he was moving by the -Canton road; he refers to the troops east of Jackson as perhaps able -to prevent the enemy there from drawing provisions from that -direction, and that his command might effect the same thing in regard -to the country toward Panola, and then asks these significant -questions: - - "Can he supply himself from the Mississippi? Can you not cut him off - from it? Above all, should he be compelled to fall back for want of - supplies, beat him? As soon as the reënforcements are all up, they - must be united to the rest of the army. . . . If prisoners tell the - truth, the force at Jackson must be half of Grant's array. It would - decide the campaign to beat it, which can only be done by - concentrating, especially when the remainder of the eastern troops - arrive. They are to be twelve or thirteen thousand." - -From Pemberton's communication it is seen that he did not feel his -army strong enough to attack the corps in position at Clinton, and -that he hoped by the course adopted to compel the enemy to attack our -force in position. Whether the movement toward Dillon's was well or -ill advised, it was certainly a misfortune to reverse the order of -march in the presence of the enemy, as it involved the disadvantage -of being attacked in rear. As has been described, the dispositions -for battle were promptly made, and many of the troops fought with a -gallantry worthy of all praise. Though defeated, they were not routed. - -Stevenson's single division for a long time resisted a force -estimated by him at "more than four times" his own. In the afternoon -he was reënforced by the unfaltering troops of Bowen's division. -Cockerell, commanding the First Missouri Brigade, fought with like -fortitude under like disadvantage. When Pemberton saw that the masses -assailing his left and left center by their immense numbers were -pressing our forces back into old fields, where the advantages of -position would be in his adversary's favor, he directed his troops to -retire, and sent to Brigadier-General Lloyd Tilghman instructions to -hold the Raymond road to protect the retreat. General Pemberton says -of him: - - "It was in the execution of this important duty, which could not have - been confided to a fitter man, that the lamented General bravely lost - his life." - -He was the officer whose devoted gallantry and self-sacrificing -generosity were noticed in connection with the fall of Fort Henry. -This severe battle was signalized by so many feats of individual -intrepidity that its roll of honor is too long for the limits of -these pages. - -Though some gave way in confusion, and others failed to respond when -called on, the heroism of the rest shed luster on the field, and "the -main body of the troops retired in good order." The gallant brigades -of Green and Cockerell covered the rear. - -The topographical features of the position at the railroad-bridge -across the Big Black were such as, with the artificial strength given -to it, made it quite feasible to defend it against a direct approach -even of an army as much superior in numbers to that of Pemberton as -was that of Grant; but the attack need not be made by a direct -approach. The position could be turned by moving either above or -below by fords and ferries, and thus advancing upon Vicksburg by -other and equally eligible routes. From what has already been quoted, -it will be understood that General Pemberton considered the -occupation of Vicksburg vitally important in connection with the -command of the Mississippi River, and the maintenance of -communication with the country beyond it. It was therefore that he -had been so reluctant to endanger his connection with that point as -his base. Pressed as he was by the enemy, whose object, it had been -unmistakably shown, was to get possession of Vicksburg and its -defenses, the circumstances made it imperative that he should abandon -a position, the holding of which would not effect his object, and -that he should withdraw his forces from the field to unite them with -those within the defenses of Vicksburg, and endeavor, as speedily as -possible, to reorganize the depressed and discomfited troops. - -One of the immediate results of the retreat from Big Black was the -necessity of abandoning our defenses on the Yazoo, at Snyder's Mills; -this position and the line of Chickasaw Bayou were no longer tenable. -All stores that could be transported were ordered to be sent into -Vicksburg as rapidly as possible, the rest, including heavy guns, to -be destroyed. During the night of the 17th nothing of importance -occurred. On the morning of the 18th the troops were disposed from -right to left on the defenses. On the entire line, one hundred and -two pieces of artillery of different caliber, principally field-guns, -were placed in position at such points as were deemed most suitable -to the character of the gun. Instructions had been given from Bovina -that all the cattle, sheep, and hogs, belonging to private parties, -and likely to fall into the hands of the enemy, should be driven -within our lines. Grant's army appeared on the 18th. - -The development of the intrenched line from our extreme right was -about eight miles, the shortest defensible line of which the -topography of the country admitted. It consisted of a system of -detached works, redans, lunettes, and redoubts, on the prominent and -commanding points, with the usual profile of raised field-works, -connected in most cases by rifle pits. To hold the entire line there -were about eighteen thousand five hundred infantry, but these could -not all be put in the trenches, as it was necessary to keep a reserve -always ready to reënforce any point heavily threatened. - -The campaign against Vicksburg had commenced as early as November, -1862, and reference has been made to the various attempts to capture -the position both before and after General Grant arrived and took -command in person. He had now by a circuitous march reached the rear -of the city, established a base on the Mississippi River a few miles -below, had a fleet of gunboats in the river, and controlled the -navigation of the Yazoo up to Haines's Bluff, and was relieved from -all danger in regard to supplying his army. We had lost the -opportunity to cut his communications while he was making his long -march over the rugged country between Bruinsburg and the vicinity of -Vicksburg. Pemberton had by wise prevision endeavored to secure -supplies sufficient for the duration of an ordinary siege, and, on -the importance which he knew the Administration attached to the -holding of Vicksburg, he relied for the coöperation of a relieving -army to break any investment which might be made. Disappointed in the -hope which I had entertained that the invading army would be unable -to draw its supplies from Bruinsburg or Grand Gulf, and be driven -back before crossing the Big Black, it now only remained to increase -as far as possible the relieving army, and depend upon it to break -the investment. The ability of the Federals to send reënforcements -was so much greater than ours, that the necessity for prompt action -was fully realized; therefore, when General Johnston on May 9th was -ordered to proceed to Mississippi, he was directed to take from the -Army of Tennessee three thousand good troops, and informed that he -would find reënforcements from General Beauregard. On May 12th a -dispatch was sent to him at Jackson, stating, "In addition to the -five thousand men originally ordered from Charleston [Beauregard], -about four thousand more will follow. I fear more can not be spared -to you." On May 22d I sent the following dispatch to General Bragg, -at Tullahoma, Tennessee: - - "The vital issue of holding the Mississippi at Vicksburg is dependent - on the success of General Johnston in an attack on the investing - force. The intelligence from there is discouraging. Can you aid him?" - -To this he replied on the 23d of May, 1863: - - "Sent thirty-five hundred with the General, three batteries of - artillery and two thousand cavalry since; will dispatch six thousand - more immediately." - -In my telegram to General Bragg, after stating the necessity, I -submitted the whole question to his judgment, having full reliance in -the large-hearted and comprehensive view which his self-denying -nature would take of the case, and I responded to him: - - "Your answer is in the spirit of patriotism heretofore manifested by - you. The need is sore, but you must not forget your own necessities." - -On the 1st of June General Johnston telegraphed to me that the troops -at his disposal available against Grant amounted to twenty-four -thousand one hundred, not including Jackson's cavalry command and a -few hundred irregular cavalry. Mr. Seddon, Secretary of War, replied -to him stating the force to be thirty-two thousand. In another -dispatch, of June 5th, the Secretary says his statement rested on -official reports of numbers sent, regrets his inability to promise -more, as we had drained our resources even to the danger of several -points, and urged speedy action. "With the facilities and resources -of the enemy time works against us." Again, on the 16th, Secretary -Seddon says: - - "If better resources do not offer, you must hazard attack." - -On the 18th, while Pemberton was inspecting the intrenchments along -which his command had been placed, he received by courier a -communication from General Johnston, dated "May 17, 1863, camp -between Livingston and Brownsville," in answer to Pemberton's report -of the result of the battles of Baker's Creek and Big Black, and the -consequent evacuation of Snyder's Mills. General Johnston wrote: - - "If Haines's Bluff is untenable, Vicksburg is of no value and can not - be held. If, therefore, you are invested in Vicksburg, you must - ultimately surrender. Under such circumstances, instead of losing - both troops and place, we must, if possible, save the troops. If it - is not too late, evacuate Vicksburg and its dependencies, and march - to the northeast." - -Pemberton, in his report, remarks: - - "This meant the fall of Port Hudson, the surrender of the Mississippi - River, and the severance of the Confederacy." - -He recurs to a former correspondence with myself in which he had -suggested the possibility of the investment of Vicksburg by land and -water, and the necessity for ample supplies to stand a siege, and -says his application met my favorable consideration, and that -additional ammunition was ordered. Confident in his ability, with the -preparations which had been made, to stand a siege, and firmly -relying on the desire of the President and of General Johnston to -raise it, he "felt that every effort would be made, and believed it -would be successful." He, however, summoned a council of war, -composed of all his general officers, laid before them General -Johnston's communication, and desired their opinion on "the question -of practicability," and on the 18th replied to General Johnston that -he had placed his instructions before the general officers of the -command, and that "the opinion was unanimously expressed that it was -impossible to withdraw the army from this position with such morale -and material as to be of further service to the Confederacy." He then -announces his decision to hold Vicksburg as long as possible, and -expresses the hope that he may be assisted in keeping this -obstruction to the enemy's free navigation of the Mississippi River. -He closes his letter thus: - - "I still conceive it to be the most important point in the - Confederacy." - -While the council of war was assembled, the guns of the enemy opened -on the works, and the siege proper commenced. - -Making meager allowance for a reserve, it required the whole force to -be constantly in the trenches, and, when they were all on duty, it -did not furnish one man to the yard of the _developed line_. On the -19th two assaults were made at the center and left. Both were -repulsed and heavy loss inflicted; our loss was small. At the game -time the mortar-fleet of Admiral Porter from the west side of the -peninsula kept up a bombardment of the city. - -Vicksburg is built upon hills rising successively from the river. The -intrenchments were upon ridges beyond the town, only approaching the -river on the right and left flanks, so that the fire of Porter's -mortar-fleet was mainly effective upon the private dwellings, and the -women, the children, and other noncombatants. - -The hills on which the city is built are of a tenacious calcareous -clay, and caves were dug in these to shelter the women and children, -many of whom resided in them during the entire siege. From these -places of refuge, heroically facing the danger of shells incessantly -bursting over the streets, gentlewomen hourly went forth on the -mission of humanity to nurse the sick, the wounded, and to soothe the -dying of their defenders who were collected in numerous hospitals. -Without departing from the softer character of their sex, it was -often remarked that, in the discharge of the pious duties assumed, -they seemed as indifferent to danger as any of the soldiers who lined -the trenches. - -During the 20th, 21st, and the forenoon of the 22d, a heavy fire of -artillery and musketry was kept up by the besiegers, as well as by -the mortar- and gun-boats in the river. On the afternoon of the 22d -preparation was made for a general assault. The attacking columns -were allowed to approach to within good musket-range, when every -available gun was opened with grape and canister, and our infantry, -"rising in the trenches, poured into their ranks volley after volley -with so deadly an effect that, leaving the ground literally covered -in some places with their dead and wounded, they [the enemy] -precipitately retreated." One of our redoubts had been breached by -their artillery previous to the assault, and a lodgment made in the -ditch at the foot of the redoubt, on which two colors were planted. -General Stevenson says in his report: - - "The work was constructed in such a manner that the ditch was - commanded by no part of the line, and the only means by which they - could be dislodged was to retake the angle by a desperate charge, and - either kill or compel the surrender of the whole party by the use of - hand-grenades. A call for volunteers for this purpose was made, and - promptly responded to by Lieutenant-Colonel E. W. Pettus, Twentieth - Alabama Regiment, and about forty men of Waul's Texas Legion. A more - gallant feat than this charge has not illustrated our arms during the - war. The preparations were quietly and quickly made, but the enemy - seemed at once to divine our intentions, and opened upon the angle a - terrible fire of shot, shell, and musketry. Undaunted, this little - band, its chivalrous commander at its head, rushed upon the work, - and, in less time than it required to describe it, the flags were in - our possession. Preparations were then quickly made for the use of - hand-grenades, when the enemy in the ditch, being informed of our - purpose, immediately surrendered. - - "From this time forward, although on several occasions their - demonstrations seemed to indicate other intentions, the enemy - relinquished all idea of assaulting us, and confined himself to the - more cautious policy of a system of gradual approaches and mining." - -His force was not less than sixty thousand men. Thus affairs -continued until July 1st, when General Pemberton thus describes the -causes which made capitulation necessary: - - "It must be remembered that, for forty-seven days and nights, those - heroic men had been exposed to burning suns, drenching rains, damp - fogs, and heavy dews, and that during all this period they never had, - by day or by night, the slightest relief. The extent of our works - required every available man in the trenches, and even then they were - in many places insufficiently manned. It was not in my power to - relieve any portion of the line for a single hour. Confined to the - narrow limits of trench, with their limbs cramped and swollen, - without exercise, constantly exposed to a murderous storm of shot and - shell. . . . Is it strange that the men grew weak and attenuated? . . . - They had held the place against an enemy five times their number, - admirably clothed and fed, and abundantly supplied with all the - appliances of war. Whenever the foe attempted an assault, they drove - him back discomfited, covering the ground with his killed and - wounded, and already had they torn from his grasp five stands of - colors as trophies of their prowess, none of which were allowed to - fall again into his hands." - -Under these circumstances, he says, he became satisfied that the time -had arrived when it was necessary either to evacuate the city by -cutting his way out or to capitulate. Inquiries were made of the -division commanders respecting the ability of the troops to make the -marches and undergo the fatigues necessary to accomplish a successful -sortie and force their way through the enemy; all of whom reported -their several commands quite unequal to the performance of such all -effort. Therefore, it was resolved to seek terms of capitulation. -These were obtained, and the city was surrendered on July 4th. - -The report of General Pemberton contains this statement: - - "Knowing the anxious desire of the Government to relieve Vicksburg, I - felt assured that, if within the compass of its power, the siege - would be raised; but, when forty-seven days and nights had passed, - with the knowledge I then possessed that no adequate relief was to be - expected, I felt that I ought not longer to place in jeopardy the - brave men whose lives had been intrusted to my care. Hence, after the - suggestion of the alternative of cutting my way out, I determined to - make terms, not because my men were starved out, not because I could - not hold out yet a little longer, but because they were overpowered - by numbers, worn down with fatigue, and each day saw our defenses - crumbling beneath their feet. . . . With an unlimited supply of - provisions, the garrison could, for the reasons already given, have - held out much longer." - -At the close of General Pemberton's report he notices two officers, -whose gallant services have been repeatedly mentioned in the -foregoing pages, as follows: - - "I can not close this report without brief tribute to the memory of - two of the best soldiers in the Confederate service. I refer to - Major-General John S. Bowen and Brigadier-General Martin E. Green. - Always faithful, zealous, and brave, they fell, as became them, in - the discharge of their duty. General Green died upon the lines he had - so long and so gallantly defended. General Bowen, having passed - scathless through the bloody scenes of Shiloh, Iuka, Corinth, Grand - Gulf, Port Gibson, Baker's Creek, and Vicksburg, perished by disease - after the capitulation." - -With an unlimited supply of provisions the garrison could not, for -the reasons already given, have held out much longer. Our loss in -killed, wounded, and missing, from the landing of the enemy on the -east to the capitulation, was 5,632; that of the enemy, according to -his own statement, was 8,875. The number of prisoners surrendered, as -near as I can tell, did not exceed 28,000. - -In addition to the efforts made to relieve Vicksburg by an attack on -Grant's army in the rear, instructions were sent to General Kirby -Smith, commanding on the west side of the river, to employ a part of -his forces in coöperation with our troops on the east side. From -General Richard Taylor's work, "Destruction and Reconstruction," I -learn that-- - - "the Federal army withdrew from Alexandria [a town on Red River, - Louisiana] on the 13th of May, and on the 23d crossed the Mississippi - and proceeded to invest Port Hudson. . . . A communication from - General Kirby Smith informed me that Major-General Walker, with a - division of infantry and three batteries, four thousand strong, was - on the march from Arkansas, and would reach me within the next few - days; and I was directed to employ Walker's force to relieve - Vicksburg, now invested by General Grant, who had crossed the - Mississippi on the 1st of May." - -General Taylor states that his view was that this force might be best -employed for the relief of Vicksburg by a movement to raise the siege -of Port Hudson, which he regarded as feasible, while a direct -movement toward Vicksburg he considered would be unavailing, because -the peninsula opposite to that city was partially occupied by the -enemy and commanded by the gunboats in the river; he states, however, -that he was overruled, and proceeded with Walker's division to cross -the Tensas and attack two Federal camps on the bank of the -Mississippi, the one ten and the other fourteen miles above -Vicksburg, but that, after driving the troops over the levee, the -gunboats in the river protected them from any further assault. Then, -being convinced that nothing useful could be effected in that -quarter, he, in conformity with his original idea, ordered General -Walker to retire to Alexandria, intending to go thence to the Têche. -He says this order was countermanded and the division kept in the -region between the Tensas and the Mississippi until the fall of -Vicksburg. Taylor had left Mouton's and Green's brigades in the -country west of the Têche, and thither he went in person. At -Alexandria he found three regiments of Texan mounted men, about six -hundred and fifty aggregate, under the command of Colonel (afterward -Brigadier-General) Major, and these were ordered to Morgan's Ferry on -the Atchafalaya. Taylor then proceeded to the camps of Mouton and -Green, on the lower Têche. After giving instructions preparatory to -an attack on a work which the Federals had constructed at Berwick's -Bay, Taylor returned to join Colonel Major's command on the -Atchafalaya, and with it moved down the Fardoche and Grossetete to -Fausse Rivière, opposite to Port Hudson. Here the noise of the -bombardment then in progress could be distinctly heard, and here he -learned that the Federal force left in New Orleans did not exceed one -thousand men. - -It was now the 10th of June. He was about one hundred miles from the -Federal force at Berwick's Bay. He furnished Colonel Major with -guides, informed him that he must be at Berwick's Bay on the morning -of the 23d, as Mouton and Green would attack at dawn on that day. -Taylor then hastened to the camp of Mouton and Green. The country -through which Major was to march was in possession of the enemy, -therefore secrecy and celerity were alike required for success. The -men carried their rations, and the wagons were sent back across the -Atchafalaya. In his rapid march. Major captured seventy prisoners and -burned two steamers, and the combined movements of Mouton, Green, and -Major, all reached their goal at the appointed time, of which General -Taylor says: "Although every precaution had been taken to exclude -mistakes and insure coöperation, such complete success is not often -attained in combined military movement; and I felt that sacrifices -were due to fortune." - -At Berwick's Bay the Federals had constructed works to strengthen a -position occupied as a depot of supplies. The effective garrison was -small, the principal number of those present being sick and -convalescents. The works mounted twelve guns, thirty-twos and -twenty-fours, and a gunboat was anchored in the bay. Our object was -to capture Berwick's Bay, and thence proceed to the execution of the -plan above indicated. For this purpose, having arrived on the Têche, -a short distance above Berwick's Bay, some small boats (skiffs) and a -number of sugar-coolers were collected, in which the men were -embarked. Major Hunter, of the Texas regiment, and Major Blair, of -the Second Louisiana, were placed in command, and detachments were -drawn from the forces. They embarked at night, and paddled down the -Têche to the Atchafalaya and Grand Lake. They had about twelve miles -to go, and were expected to reach the northeast end of the island, a -mile from Berwick's, before daylight, where they were to remain until -they heard the guns of our force on the west side of the bay. At dawn -on June 23d our guns opened on the gunboat and speedily drove it -away. Fire was then directed on the earthworks, and the enemy -attempted to reply, when a shout was heard in the rear, and Hunter -with his party came rushing on. Resistance ceased at once. The spoils -of Berwick's were of vast importance. Twelve thirty-two- and -twenty-four-pounder guns, many small arms and accouterments, great -quantities of quartermaster's and commissary's, ordnance, and medical -stores, and seventeen hundred prisoners were taken. Then, as promptly -as circumstances would permit, Taylor, with three thousand men of all -arms, proceeded, with the guns and munitions he had acquired, to the -execution of the object of his campaign--to raise the siege of Port -Hudson, by cutting Banks's communication with New Orleans and making -a demonstration which would arouse that city. "Its population of two -hundred thousand was bitterly hostile to Federal rule, and the -appearance of a Confederate force on the opposite bank of the river -would raise such a storm as to bring Banks from Port Hudson, the -garrison of which could then unite with General Joseph Johnston in -the rear of General Grant." - -In the first week in July, twelve guns were placed on the river below -Donaldsonville. Fire was opened and one transport destroyed and -several turned back. Gunboats attempted to dislodge our batteries, -but were driven away by dismounted men, protected by the levee. For -three days the river was closed to transports, and mounted scouts -were pushed down to a point opposite Kenner, sixteen miles above New -Orleans. A few hours more, and there would have been great excitement -in the city. But, by the surrender of Port Hudson on July 9th, the -enemy were in sufficient force, not only to arrest Taylor's -movements, but to require a withdrawal from the exposed position -which this little command had assumed for the great object of -relieving that place, and thus giving of its garrison, perhaps about -five thousand men, as a reënforcement to break the investment of -Vicksburg. - -Port Hudson, which thus capitulated, was situated on a bend of the -Mississippi, about twenty-two miles above Baton Rouge, Louisiana, and -one hundred and forty-seven above New Orleans. The defenses in front, -or on the water-side, consisted of three series of batteries situated -on a bluff and extending along the river above the place. Farther up -was an impassable marsh forming a natural defense, and in the rear -the works were strong, consisting of several lines of intrenchments -and rifle-pits, with heavy trees felled in every direction. General -Banks with a large force landed on May 21, 1863, and on the 27th an -assault was made on the works, and repulsed. A bombardment from the -river was then kept up for several days, and on June 14th another -unsuccessful assault was made. This was their last assault, but the -enemy, resorting to mines and regular approaches, was slowly -progressing with these when the news of the surrender of Vicksburg -was received. Major-General Gardner, who was in command, then made a -proposal to General Banks to capitulate, which was accepted by the -latter, and the position was yielded to him on the next day. The -surrender included about six thousand persons all told, fifty-one -pieces of artillery, and a quantity of ordnance stores. Our loss in -killed and wounded in the assaults was small compared to that of the -enemy, and by the fall of Vicksburg the position of Port Hudson had -ceased to have much importance. - -[Illustration: Map of Port Hudson] - -More than six weeks the garrison, which had resisted a vastly -superior force attacking by both land and water, had cheerfully -encountered danger and fatigue without a murmur, had borne famine and -had repulsed every assault, and yielded Port Hudson only when the -fall of Vicksburg had deprived the position of its importance. A -chivalric foe would have recognized the gallantry of the defense in -the terms usually given under like circumstances; such, for instance, -as were granted to Major Anderson at Fort Sumter, or, at the least, -have paroled the garrison. - -I had regarded it of vast importance to hold the two positions of -Vicksburg and Port Hudson. Though gunboats had passed the batteries -of both, they had found it hazardous, and transport-vessels could not -prudently risk it. The garrisons of both places had maintained them -with extraordinary gallantry, inspired no doubt as well by -consciousness of the importance of their posts as by the soldierly -character common to Confederate troops. Taylor on the 10th received -intelligence of the fall of Port Hudson, and some hours later learned -that Vicksburg had surrendered. His batteries and outposts were -ordered in to the Lafourche, and Mouton was sent to Berwick's to -cross the stores to the west side of the bay. On the 13th a force of -six thousand men followed his retreat down the Lafourche; but Green, -with fourteen hundred dismounted men and a battery, attacked the -Federals so vigorously as to drive them into Donaldsonville, -capturing two hundred prisoners, many small-arms, and two guns. -Undisturbed thereafter, Taylor continued his march, removed all the -stores from the fortification at Berwick's, and on the 21st of July -moved up the Têche. The pickets left at Berwick's reported that the -enemy's scouts only reached the bay twenty-four hours after Taylor's -troops had withdrawn. - -In the recital of those events connected with the sieges of Port -Hudson and Vicksburg, enough has been given to show the great anxiety -of the Administration to retain those two positions as necessary to -continued communication between the Confederate States on the east -and west sides of the Mississippi River. The reader will not have -failed to observe that General Johnston, commanding the department, -and General Pemberton, the district commander, entertained quite -different views. The former considered the safety of the garrisons of -such paramount importance, that the position should be evacuated -rather than the loss of the troops hazarded; the latter regarded the -holding of Vicksburg as of such vital consequence that an army should -be hazarded to maintain its possession. When General Pemberton and -his forces were besieged in Vicksburg, every effort was made to -supply General Johnston with an army which might raise the siege. -While General Johnston was at Jackson, preparing to advance against -the army investing Vicksburg, the knowledge that the enemy was -receiving large reënforcements made it evident that the most prompt -action was necessary for success; of this General Johnston manifested -a dear perception, for on the 25th of May he sent Pemberton the -following message: - - "Bragg is sending a division; when it comes, I will move to you." - -After all the troops which could be drawn from other points had been -sent to him, it was suggested that he might defeat the force -investing Port Hudson, and unite the garrison with his troops at -Jackson, but he replied: - - "We can not relieve Port Hudson without giving up Jackson, by which - we should lose Mississippi." - -On June 29th General Johnston reports that-- - - "Field transportation and other supplies having been obtained, the - army marched toward the Big Black, and on the evening of July 1st - encamped between Brownsville and the river." - -The 2d and 3d of July were spent in reconnaissance, from which the -conclusion was reached that an attack on the north side of the -railroad was impracticable, and examinations were commenced on the -south side of the railroad. On the 3d a messenger was sent to General -Pemberton that an attempt would be made about the 7th, by an attack -on the enemy, to create a diversion which might enable Pemberton to -cut his way out. The message was not received, and Pemberton, -despairing of aid from the exterior, capitulated on the 4th. - -General Grant, in expectation that an attack in his rear would be -made by General J. E. Johnston, formed a provisional corps by taking -brigades from several corps, and assigned General Sherman to command -it. He was sent in the direction of Big Black. Colonel Wilson, then -commanding the Fifteenth Illinois Cavalry, was sent to the Big Black -River to watch for the expected advance of Johnston, when Sherman was -to be notified, so that he might meet and hold Johnston in check -until additional reënforcements should arrive. Wilson never sent the -notice. An officer of Grant's army, whose rank and position gave -opportunity for accurate information, writes: - - "It was always a matter of surprise to Grant and his commanders that - Johnston failed to make the attempt to break up the siege of - Vicksburg, of which from the long line and consequent weakness of the - army of the North there seemed a fair chance of accomplishment." - -General Johnston, being informed on the 5th of the surrender of -Vicksburg, fell back to Jackson, where his army arrived on the 7th. - - "On the morning of the 9th the enemy appeared in heavy force in front - of the works thrown up for the defense of the place; these, - consisting of a line of rifle-pits prepared at intervals for - artillery, . . . were badly located and constructed, presenting but a - slight obstacle to a vigorous assault." [77] - -The weather was hot, deep dust covered the country roads, and for -about ten miles there was no water to supply the troops who were -advancing in heavy order of battle from Clinton; and the circumstances -above mentioned caused General Johnston, as he states, to expect that -the enemy "would be compelled to make an immediate assault." Sherman, -in command of the attacking column, did not, however, elect to assault -the intrenchments, but moved the left of his line around so as to rest -upon Pearl River above, and then, extending his right so as to reach the -river below, commenced intrenching a line of investment. As early as -May 27th Brigadier-General J. G. Rains had been directed to report to -General Johnston in connection with torpedoes and sub-terra shells, and -a request had been made for "all reasonable facilities and aid in the -supply of men or material for the fair trial of his torpedoes and -shells." There could scarcely have been presented a better opportunity -for their use than that offered by the heavy column marching against -Jackson, and the enemy would have been taken at great disadvantage if -our troops had met them midway between Jackson and Clinton. As the -defenses of Jackson had not been so corrected in location and increased -in strength as to avail against anything other than a mere assault, it -is greatly to be regretted that the railroad-bridge across Pearl River -was not so repaired that the large equipments of the Central road might -have been removed for use elsewhere and at other times. One of the -serious embarrassments suffered in the last two years of the war was -from the want of rolling-stock, with which to operate our railroads, as -required for the transportation of troops and supplies. On the 12th of -July a heavy cannonade was opened, and the missiles reached all parts of -the town. An assault was also made on Major-General Breckinridge's -position on our extreme left. His division, with the aid of Cobb's -and Slocum's batteries, repulsed it, inflicting severe loss, and -capturing two hundred prisoners, besides the wounded, and taking -three regimental colors. On the 15th General Johnston was assured -that the remainder of Grant's army was moving from Vicksburg to -Jackson, and on the night of the 16th he, having previously sent -forward his sick and wounded, successfully withdrew his army across -the Pearl River, and moved toward Brandon, and continued the march as -far as Morton, about thirty-five miles from Jackson. The enemy -followed no farther than Brandon, which was reached on the 19th, and -manifested no higher purpose than that of arson, which was exhibited -on a still larger scale at Jackson. - -Thus, within the first half of July, our disasters had followed close -upon the heels of one another. Though not defeated at Gettysburg, we -had suffered a check, and an army, to which nothing was considered -impossible, had been compelled to retire, leaving its opponent in -possession of the field of battle. The loss of Vicksburg and Port -Hudson was the surrender of the Mississippi to the enemy. It was true -that gunboats had run by our batteries, but not with impunity, and -some of them had been sunk in the attempt. Transports for troops, -supplies, and merchandise could not, except at great risk, use the -river while our batteries at those two points remained effective, and -gunboats cruising between them would have but a barren field. -Moreover, they needed to be very numerous to prevent intercourse -between the two sides of the river, which, thus far, they had never -been able to effect. - - -[Footnote 75: General D. H. Maury.] - -[Footnote 76: "Memoirs of General W. T. Sherman," vol i, pp. 310, 311.] - -[Footnote 77: General Johnston's "Report of Operations in Mississippi -and East Louisiana," pp. 12, 13.] - - - - -CHAPTER XL. - - Inactivity in Tennessee.--Capture of Colburn's Expedition.--Capture - of Streight's Expedition.--Advance of Rosecrans to Bridgeport.-- - Burnside in East Tennessee.--Our Force at Chattanooga.--Movement - against Burnside.--The Enemy moves on our Rear near Ringgold.-- - Battle at Chickamauga.--Strength and Distribution of our Forces.-- - The enemy withdraws.--Captures.--Losses.--The Enemy evacuates Passes - of Lookout Mountain.--His Trains captured.--Failure of General Bragg - to pursue.--Reënforcements to the Enemy, and Grant to command.--His - Description of the Situation.--Movements of the Enemy.--Conflict at - Chattanooga. - - -After the battle at Murfreesboro, in Tennessee, a period of -inactivity ensued between the large armed forces, which was disturbed -only by occasional expeditions by small bodies on each side. On March -5, 1863, an expedition of the enemy, under Colonel Colburn, was -captured at Spring Hill, ten miles south of Franklin, by Generals Van -Dorn and Forrest. Thirteen hundred prisoners were taken. In April -another expedition, under Colonel Streight, into northern Georgia, -was captured near Rome by our vigilant, daring cavalry leader, -Forrest. This was one of the most remarkable, and, to the enemy, -disastrous raids of the war. Seventeen hundred prisoners were taken. -In June some movements were made by General Rosecrans, which were -followed by the withdrawal of our forces from Middle Tennessee, and a -return to the occupation of Chattanooga. At this time General Buckner -held Knoxville and commanded the district of East Tennessee; General -Samuel Jones commanded the district of southwest Virginia, his -headquarters at Arlington, Virginia. Between the two was Cumberland -Gap, the well-known pass by which the first pioneer, Daniel Boone, -went into Kentucky, and the only one in that region through which it -was supposed an army, with the usual artillery and wagon-train, could -march from the north into East Tennessee or southwest Virginia. It -was, therefore, occupied and partially fortified, which, with the -precipitous heights flanking it on the right and left, would, it was -hoped, suffice against an attack in front, and prove an adequate -barrier to an advance on our important line of communication in its -rear, which Buckner and Jones were relied on to defend. - -On the 20th of August Brigadier-General I. W. Frazier, an educated -soldier in whom I had much confidence, assumed, by assignment, the -command of this position, and energetically commenced to perfect the -defenses, and ingeniously though unsuccessfully endeavored to bring a -supply of water into the fortifications. He reported his force to -amount to seventeen hundred effective infantry and artillery, and -about six hundred cavalry; the supply of ammunition was deficient, -and some of it damaged by a badly constructed magazine. - -About August 20th it was ascertained that the army under General -Rosecrans had crossed the mountains to Stevenson and Bridgeport. His -force of infantry and artillery amounted to seventy thousand men, -divided into four corps. About the same time General Burnside -advanced from Kentucky, crossed, by using pack-mules, the rugged -mountains west of Cumberland Gap, and, about the 1st of September, -approached Knoxville, East Tennessee, with a force estimated at over -twenty-five thousand men. General Buckner, therefore, evacuated -Knoxville, and took position at Loudon, with a force of about five -thousand infantry, artillery, and cavalry; this rendered the -occupation of Cumberland Gap hazardous to the garrison, and -comparatively of little value to us, but, when its surrender was -demanded by a force which might be resisted, General Frazier promptly -refused to comply with the demand. Subsequently, General Burnside -advanced with a large body of troops, and, approaching from the -south, renewed the demand, when General Frazier, recognizing the -inutility as well as futility of resistance, surrendered on the 9th -of September, 1863.[78] The main body of our army was encamped near -Chattanooga, while the cavalry force was recruiting from fatigue and -exhaustion near Rome, Georgia. The enemy first attempted to strike -Buckner in the rear, but failing, commenced a movement against our -left and rear. On the last of August he had crossed his main force -over the Tennessee River at Carpenter's Ferry, near Stevenson. Our -effective force of infantry and artillery was about thirty-five -thousand. By active reconnaissance of our cavalry, which had been -brought forward, it was ascertained that Rosecrans's general movement -was toward our left and rear, in the direction of Dalton and Rome, -keeping Lookout Mountain between us. The want of supplies in the -country and the force under Burnside on our right rendered hazardous -a movement on the rear of the former with our force. General Lee, -with commendable zeal for the public welfare and characteristic -self-denial, had consented to remain for a time on the defensive for -the purpose of reenforcing Bragg's army, and General Longstreet had -been detached with his corps for that purpose. These troops were to -come by rail from Atlanta, and might soon be expected to arrive. It -was, therefore, determined to retire toward our expected -reënforcements, as well as to meet the foe in front when he should -emerge from the mountain-gorges. - -As we could not thus hold Chattanooga, our army, on September 7th and -8th, took position from Lee and Gordon's Mill to Lafayette, on the -road leading south from Chattanooga and fronting the east slope of -Lookout Mountain. The forces on the Hiawassee and at Chickamauga -Station took the route by Ringgold. A small cavalry force was left in -observation at Chattanooga, and a brigade of infantry at Ringgold to -cover the railroad. - -The enemy immediately moved the corps that threatened Buckner into -Chattanooga, and, shortly after, it commenced to move on our rear by -the roads to Lafayette and Ringgold. Another corps was nearly -opposite the head of McLemore Cove, in Will's Valley, and one at -Colonel Winston's opposite Alpine. During the 9th it was ascertained -that a column, between four and five thousand, had crossed Lookout -Mountain by Stevens's and Cooper's Gaps into McLemore's Cove. An -effort was made by General Bragg to capture this column, with intent -then to turn upon the others, and beat each in succession. But, some -delay having occurred in the advance of our forces through the gap, -the enemy took advantage of it and retreated to the mountain-passes. -He then withdrew his corps from the route toward Alpine to unite with -the one near McLemore's Cove, which was gradually extended toward Lee -and Gordon's Mills. It was now determined to turn upon the Third -Corps of the enemy, approaching us from the direction of Chattanooga. -The forces sent toward the Cove were accordingly withdrawn to -Lafayette, and Polk's and Walker's corps were moved immediately in -the direction of Lee and Gordon's Mills, Lieutenant-General Polk -commanding. He was ordered to attack early the next morning, as the -enemy's corps was known to be divided, and it was hoped by successive -attacks to crush his army in detail; but the expectation was not -realized, as his forces withdrew and formed a junction. Our trains -and supplies were then put in a safe position, and all our forces -were concentrated along the Chickamauga, threatening the opposing -force in front. Major-General Wheeler, with two divisions of cavalry, -occupied the extreme left, vacated by Hill's corps, and was directed -to press the enemy in McLemore's Cove; to divert his attention from -the real movement, General Forrest covered the movement on our front -and right; General B. R. Johnson was moved from Ringgold to the -extreme right of the line; Walker's corps formed on his left opposite -Alexander's Bridge, Buckner's next, near Tedford Ford, Polk opposite -Lee and Gordon's Mills, and Hill on the extreme left. Orders were -issued to cross the Chickamauga at 6 A.M., commencing by the extreme -right. - -The movements were unexpectedly delayed by the difficulty of the -roads and the resistance of the enemy's cavalry. The right column did -not effect its crossing until late in the afternoon of the 18th; at -this time, Major-General Hood, from the Army of Northern Virginia, -arrived and assumed command of the column. General W. H. T, Walker -had a severe skirmish at Alexander's Bridge, from which he finally -drove the enemy, but not before he had destroyed it; General Walker, -however, found a ford, crossed, and Hood united with him after night. -The advance was resumed at daylight on the 19th, when Buckner's corps -with Cheatham's division of Polk's corps crossed the Chickamauga, and -our line of battle was thus formed: Buckner's left rested on the bank -of the stream about one mile below Lee and Gordon's Mills; on his -right came Hood with his own and Johnson's divisions, and Walker's -formed the extreme right; Forrest with his cavalry was in advance to -the right. He soon became engaged with such a large force that two -brigades were sent from Walker's division to his support. Forrest, -here fighting with his usual tenacity, desperately held in check the -comparatively immense force which he was resisting. General Walker, -being ordered to commence the attack on the right, boldly advanced, -and soon developed opposing forces greatly superior to his own; he, -however, drove them handsomely, capturing several batteries of -artillery, by dashing charges. As he pressed back the force in his -front, it rested upon such heavy masses in the rear, that he was in -turn repulsed. Cheatham's division was ordered to his support; it -came too late. Before it could reach him, assailed on both flanks, he -had been forced back to his first position, but the two commands -united, though yet greatly outnumbered, and, by a spirited attack, -recovered our advantage. These movements on our right were in such -direction as to create an opening between the left of Cheatham's -division and the right of Hood's. To fill this, Stewart's division, -the reserve of Buckner's corps, was ordered up, and soon became -engaged, as now did Hood's whole front. The enemy had transferred -forces from his extreme right so as to concentrate his main body on -his left, acutely perceiving the probability of an effort on our part -to gain his rear, and cut off his communication with his base at -Chattanooga. The main part of the battle, therefore, was fought on -the opposite flank from that where both armies had probably expected -it. Lieutenant-General Polk was now directed to move the remainder of -his corps across the stream, and to assume command in person; Hill's -corps was also directed to move to our right. Stewart, by a gallant -assault, broke the enemy's center, and pushed forward until he became -exposed to an enfilading fire. Hood steadily advanced, driving the -force in his front until night. Cleburne, of Hill's corps, -immediately on reaching the right, closed so impetuously with the -enemy as to create surprise, and drove him in great disorder. From -prisoners and otherwise, the commanding General became satisfied that -his antagonist had by marching night and day succeeded in -concentrating his whole force, and that it had that day been fought -on the field of Chickamauga. A part of the forces on our extreme left -had not reached the field of actual conflict in time to participate -in the engagement of that day; they, together with the remainder of -Longstreet's corps, were brought up and put in position to renew the -battle in the morning. Our troops slept upon the field they had so -bravely contested. The Confederate troops engaged on the right were -as follows: - - General W. H. T. Walker's division . . . . . 5,500 - Cheatham's division . . . . . . . . . . . . . 7,000 - A. P. Stewart's division . . . . . . . . . . 4,040 - Cleburne's division . . . . . . . . . . . . . 5,115 - Hood's, B. R. Johnson's, and Trigg's troops 8,428 - Forrest's and Pegram's cavalry . . . . . . . 3,500 - ------ - Total . . . . . . . . . . . . . . . . . . . 33,583 - -General Wheeler with his cavalry had been in observation on the left, -and for a fortnight, daily skirmishing with the enemy. On the 17th he -was ordered to move into McLemore's Cove to make a demonstration in -that direction, where, after a severe engagement, he developed a -force too large to be dislodged. On the 18th he was directed to hold -the gap in Pigeon Mountain, so as to prevent the enemy from moving on -our left. As appeared subsequently, General Rosecrans, by forced -marches, had made a _détour_, and formed a junction of his forces in -front of ours, so that it was no longer needful to hold the passes of -the Pigeon Mountain, and Wheeler with his cavalry was called to take -position on the left of our line. - -On the night of the 19th, the whole force having been assembled, -including the five thousand effective infantry sent for temporary -service from Virginia, the command was organized as two corps, the -one on the right to be commanded by Lieutenant-General Polk; the -other, on the left, to be commanded by Lieutenant-General Longstreet. -These corps consisted respectively as follows: Polk's right wing, of -Breckenridge's, Cleburne's, Cheatham's, and Walker's divisions, and -Forrest's cavalry--aggregate, 22,471; Longstreet's left wing, of -Preston's, Hindman's, Johnson's (Hood's), Law's, Kershaw's, Stewart's -divisions, and Wheeler's cavalry--aggregate, 24,850: grand aggregate -of both wings, 47,321, The forces under Rosecrans, as has been -subsequently learned, consisted of McCook's corps, 14,345; Thomas's, -24,072; Crittenden's, 13,975; Granger's, about 5,000; cavalry, 7,000: -whole number, 64,392. On the night of the 19th General Bragg gave his -instructions orally, to the general officers whom he had summoned to -his camp-fire, as to the position of the different commands; and the -order of battle was that the attack should commence on the right at -daybreak, and be taken up successively to the left. From a -combination of mishaps, it resulted that the attack was not commenced -until nine or ten o'clock in the day, and, what was much more -important, the troops from right to left did not in rapid succession -engage, so as to have that effectiveness which would have resulted -from concert of action. Prodigies of valor were performed, many -partial successes were gained in the beginning of the battle, but in -the first operations the troops so frequently moved to the assault -without the necessary cohesion in a charging line, that nearly all -early assaults by our right wing were successively repulsed with -loss. Though at first invariably successful, our troops were -subsequently compelled to retire before the heavy reënforcements -constantly brought. - -Wheeler with his cavalry struck boldly at the enemy's extreme right -and center, and with such effect that, in the Federal battle reports, -it appears the attack was mistaken for a flank movement by General -Longstreet. - -Rosecrans having transferred his main strength to our right, the -attack of the left met with less resistance, and was successfully and -vigorously followed up. About 4 P.M. a general assault was made by -the right, and the attack was pressed from right to left until the -enemy gave way at different points, and, finally, about dark, yielded -along the whole line. Our army bivouacked on the ground it had so -gallantly won. The foe, though driven from his lines, continued to -confront us when the action closed. But it was found the next morning -that he had availed himself of the night to withdraw from our front, -and that his main body was soon in position within his lines at -Chattanooga. We captured over eight thousand prisoners, fifty-one -pieces of artillery, fifteen thousand stand of small arms, and -quantities of ammunition, with wagons, ambulances, teams, and -medicines with hospital stores in large quantities. From the -appearance of the field the enemy's losses must have largely exceeded -ours, and the victory was complete; but these results could not -console us for the lives they cost. Pride in the gallantry of our -heroes, rejoicing at the repulse of the invader, was subdued by the -memory of our fallen brave. - -After General Rosecrans's retreat to Chattanooga, he withdrew his -forces from the passes of Lookout Mountain, which covered his line of -supplies from Bridgeport. These commanding positions were immediately -occupied by our troops, and a cavalry force was sent across the -Tennessee, which destroyed a large wagon-train in the Sequatchie -Valley, captured McMinnsville and other points on the railroad, and -thus temporarily cut off the source of supplies for the army at -Chattanooga. - -The reasons why General Bragg did not promptly pursue are stated in -his report thus: - - "Our supplies of all kinds were greatly reduced, the railroad having - been constantly occupied in transporting troops, prisoners, and our - wounded, and the bridges having been destroyed to a point two miles - south of Ringgold. These supplies were ordered to be replenished, - and, as soon as it was seen that we could be subsisted, the army was - moved forward to seize and hold the only communication the enemy had - with his supplies in the rear. His important road, and the shortcut - by half to his depot at Bridgeport, lay along the south bank of the - Tennessee. The holding of this all-important route was confided to - Lieutenant-General Longstreet's command, and its possession forced - the enemy to a road double the length, over two ranges of mountains, - by wagon transportation. At the same time, our cavalry, in large - force, was thrown across the river to operate on this long and - difficult route. These dispositions, faithfully sustained, insured - the enemy's speedy evacuation of Chattanooga for want of food and - forage." - -These reverses caused the enemy to send forward reënforcements from -the army at Vicksburg, and also to assign General Grant to the -command in Tennessee. As early as September 23d the Eleventh and -Twelfth Corps of the Army of the Potomac were detached, and sent -under General Hooker to Tennessee, and assigned to protect -Rosecrans's line of communication from Bridgeport to Nashville. It -was on October 23d that General Grant arrived at Chattanooga, and -only in time to save their army from starvation or evacuation. The -investment by General Bragg had been so close and their -communications had been so destroyed that Bragg was on the point of -realizing the evacuation of Chattanooga, which he had anticipated. -The report of Grant thus describes the situation on his arrival: - - "Up to this period our forces in Chattanooga were practically - invested, the enemy's lines extending from the Tennessee River, above - Chattanooga, to the river at and below the point of Lookout Mountain, - below Chattanooga, with the south bank of the river picketed nearly - to Bridgeport, his main force being fortified in Chattanooga Valley, - at the foot of and on Missionary Ridge and Lookout Mountain, and a - brigade in Lookout Valley. True, we held possession of the country - north of the river, but it was from sixty to seventy miles over the - most impracticable roads to army supplies. - - "The artillery horses and mules had become so reduced by starvation - that they could not have been relied upon for moving anything. An - attempt at retreat must have been with men alone, and with only such - supplies as they could carry. A retreat would have been almost - certain annihilation, for the enemy, occupying positions within - gunshot of and overlooking our very fortifications, would - unquestionably have pursued retreating forces. Already more than ten - thousand animals had perished in supplying half rations to the troops - by the long and tedious route from Stevenson and Bridgeport to - Chattanooga over Waldron's Ridge. They could not have been supplied - another week." - -The first movement under Grant was, therefore, to establish a new and -shorter line of supplies. For this purpose a night expedition was -sent down the river from Chattanooga, which seized the range of hills -at the mouth of Lookout Valley, and covered the Brown's Ferry road. -By 10 A.M. a bridge was laid across the river at the ferry, which -secured the end of the road nearest to our forces and the shorter -line over which the enemy could move troops. General Hooker also -entered Lookout Valley at Wauhatchie, and took up positions for the -defense of the road from Whiteside's, over which he had marched, and -also the road leading from Brown's Ferry to Kelly's Ferry. General -Palmer crossed from the north side of the river opposite Whiteside's, -and held the road passed over by Hooker. An unsuccessful attack was -made on a portion of Hooker's troops the first night after he entered -the valley. Subsequently, we lost the remaining heights held by us -west of Lookout Creek. - -Further operations of the enemy were delayed until the arrival of -Sherman's force from Memphis. After his arrival, on November 23d, an -attempt was made to feel our lines. This was done with so much force -as to obtain possession of Indian Hill and the low range of hills -south of it. That night Sherman began to move to obtain a position -just below the mouth of the South Chickamauga, and by daylight on the -24th he had eight thousand men on the south side of the Tennessee, -and fortified in rifle-trenches. By noon pontoon-bridges were laid -across the Tennessee and the Chickamauga, and the remainder of his -forces crossed. During the afternoon he took possession of the whole -northern extremity of Missionary Ridge nearly to the railroad-tunnel, -and fortified the position equally with that held by us. A raid was -also made on our line of communication, cutting the railroad at -Cleveland. On the same day Hooker sealed the western slope of Lookout -Mountain. On the 26th he took possession of the mountain-top with a -part of his force, and with the remainder crossed Chattanooga Valley -to Rossville. Our most northern point was assailed by Sherman, and -the attack kept up all day. He was reënforced by a part of Howard's -corps. In the afternoon the whole force of the enemy's center, -consisting of four divisions, was moved to the attack. They got -possession of the rifle-pits at the foot of Missionary Ridge, and -commenced the ascent of the mountain from right to left, and -continued it until the summit was reached, notwithstanding the -volleys of grape and canister discharged at them. Our forces -retreated from the ridge as the multitudinous assailants neared the -thin line on the crest, and during the night withdrew from the -positions on the plain below. General Grant, after advancing a short -distance from Chattanooga, dispatched a portion of his forces to the -relief of Burnside in East Tennessee, where he was closely besieged -by General Longstreet in Knoxville. Longstreet moved east into -Virginia, and ultimately joined General Lee. He had left the army of -General Lee, and moved to the West with his force, on the condition -that he should return when summoned. This summons had been sent to -him. The loss of the enemy in the conflicts at Chattanooga was 757 -killed, 4,529 wounded, and 337 missing; total, 5,616. Our loss in -killed and wounded was much less than theirs. - - -[Footnote 78: Some of the garrison of Cumberland Gap escaped, and stated -to General Jones that the surrender had been made without resistance, on -the demands of the smaller detachments which had preceded General -Burnside, and I was not advised of the fact that Buckner had -previously retreated toward Chattanooga, and that Burnside was in -possession of Knoxville. In my message of December 12, 1863, I -referred to the event, as reported to the War Department, as follows: - - "The country was painfully surprised by the intelligence that the - officer in command of Cumberland Gap had surrendered that important - and easily defensible pass, without firing a shot, upon the summons - of a force still believed to have been inadequate to its reduction, - and when reënforcements were in supporting distance and had been - ordered to his aid. The entire garrison, including its commander, - being still held prisoners by the enemy, I am unable to suggest any - explanation of this disaster which laid open Eastern Tennessee and - Southwestern Virginia to hostile operations." - -So far as censure of General Frazier was implied in these remarks, I -am now fully satisfied it was unjust, and I can only regret that the -authentic information recently furnished to me had not been received -at an earlier date, so that I might have relieved General Frazier -from the reflection while I held executive authority. It gives me -pleasure now to say that full and exact information justifies the -high estimate I placed upon him when he was assigned to the separate -command of that important post. Full justice can be done to General -Frazier only when his report and those of his subordinate officers -shall have been published.] - - - - -CHAPTER XLI. - - Movement to draw forth the Enemy.--Advance to Culpeper - Court-House.--Cavalry Engagement at Beverly's and Kelly's Fords.-- - Movement against Winchester.--Milroy's Force captured.-- - Prisoners.--The Enemy retires along the Potomac.--Maryland - entered.--Advance into Pennsylvania.--The Enemy driven back toward - Gettysburg.--Position of the Respective Forces.--Battle at - Gettysburg.--The Army Retires.--Prisoners.--The Potomac swollen.-- - No Interruption by the Enemy.--Strength of our Force.--Strength of - the Enemy.--The Campaign closed.--Observations.--Kelly's Ford.-- - Attempt to surprise our Army.--System of Breastworks.--Prisoners. - - -In the spring of 1863 the enemy occupied his former position before -Fredericksburg. He was in great strength, and, so far as we could -learn, was preparing on the grandest scale for another advance -against Richmond, which in political if not military circles was -regarded as the objective point of the war. The consolidated report -of the Army of the Potomac, then under the command of Major-General -Hooker, states the force present on May 10, 1863, to be 136,704. - -General Lee's forces had been reorganized into three army corps, -designated the First, Second, and Third Corps. In the order named, -they were commanded by Lieutenant-Generals Longstreet, Ewell, and A. -P. Hill. - -The zeal of our people in the defense of their country's cause had -brought nearly all of the population fit for military service to the -various armies then in the field, so that but little increase could -be hoped for by the Army of Northern Virginia. Under these -circumstances, to wait until the enemy should choose to advance was -to take the desperate hazard of the great inequality of numbers, as -well as ability to reënforce, which he possessed. In addition to the -army under General Hooker, a considerable force occupied the lower -part of the Valley of the Shenandoah. - -It was decided by a bold movement to attempt to transfer hostilities -to the north side of the Potomac, by crossing the river and marching -into Maryland and Pennsylvania, simultaneously driving the foe out of -the Shenandoah Valley. Thus, it was hoped, General Hooker's army -would be called from Virginia to meet our advance toward the heart of -the enemy's country. In that event, the vast preparations which had -been made for an advance upon Richmond would be foiled, the plan for -his summer's campaign deranged, and much of the season for active -operations be consumed in the new combinations and dispositions which -would be required. If, beyond the Potomac, some opportunity should be -offered so as to enable us to defeat the army on which our foe most -relied, the measure of our success would be full; but, if the -movement only resulted in freeing Virginia from the presence of the -hostile army, it was more than could fairly be expected from awaiting -the attack which was clearly indicated. - -Actuated by these and other considerations, the campaign was -commenced on June 3, 1863. Our forces advanced to Culpeper -Court-House, leaving A. P. Hill to occupy the lines in front of -Fredericksburg. On the 5th Hooker, having discovered our movement, -crossed an army corps to the south side of the Rappahannock, but, as -this was apparently for observation, it was not thought necessary to -oppose it. - -On the 9th a large force of the enemy's cavalry crossed at Beverly's -and Kelly's Fords and attacked General Stuart. A severe engagement -ensued, continuing from early in the morning until late in the -afternoon, when Stuart forced his assailant to recross the river with -heavy loss, leaving four hundred prisoners, three pieces of -artillery, and several stands of colors in our hands. - -Meantime, General Jenkins with a cavalry brigade had been ordered to -advance toward Winchester, to coöperate with an infantry expedition -into the lower Valley, and General Imboden made a demonstration -toward Romney to cover the movement against Winchester, and prevent -reënforcements from the line of the Baltimore and Ohio Railroad. Both -these officers were in position when Ewell left Culpeper Court-House -on the 6th. Crossing the Shenandoah near Front Royal, Rodes's -division went to Berryville to dislodge the force stationed there, -and cut off the communication between Winchester and the Potomac. -General Ewell, on the 13th of June, advanced directly upon -Winchester, driving the enemy into his works around the town. On the -next day he stormed the works, and the whole army of General Milroy -was captured or put to flight. Most of those who attempted to escape -were intercepted and made prisoners. Unfortunately, among the -exceptions, was their commander, who had been guilty of most -unpardonable outrages upon defenseless non-combatants. - -General Rodes marched from Berryville to Martinsburg, entering the -latter place on the 14th, and capturing seven hundred prisoners, five -pieces of artillery, and a considerable quantity of stores. These -operations cleared the Valley of the enemy. More than four thousand -prisoners, twenty-nine pieces of artillery, two hundred and seventy -wagons and ambulances, with four hundred horses, were captured, -besides a large amount of military stores. Our loss was small. On the -night that Ewell appeared at Winchester, the enemy at Fredericksburg -recrossed the Rappahannock, and on the next day disappeared behind -the hills of Stafford. - -The whole army of General Hooker, in retiring, pursued the roads near -the Potomac, offering no favorable opportunity for attack. His -purpose seemed to be to take a position which would enable him to -cover the approaches to Washington City. To draw him farther from his -base, and to cover the march of A. P. Hill, who had left for the -Valley, Longstreet moved from Culpeper Court-House on the 15th, and -occupied Ashby's and Snicker's Gaps. The cavalry under General Stuart -was in front of Longstreet to watch the enemy, and encountered his -cavalry on the 17th near Aldie, and drove it back. The engagement was -renewed on the next day, but the cavalry of the latter being now -strongly supported by infantry, Stuart was compelled to retire. He -had, however, taken in these engagements about four hundred prisoners -and a considerable number of horses and arms. - -Meantime, General Ewell, with the advance of his corps, had entered -Maryland. Jenkins, with his cavalry, penetrated as far as -Chambersburg, Pennsylvania. As these demonstrations did not cause the -hostile army to leave Virginia, nor did it seem disposed to advance -upon Longstreet's position, he was withdrawn to the west side of the -Shenandoah. General Hill had already reached the Valley. General -Stuart was left to guard the passes of the mountains and observe the -movements of the enemy, whom he was instructed to harass and impede -as much as possible should he attempt to cross the Potomac, In that -event General Stuart was directed to move into Maryland, crossing the -Potomac east or west of the Blue Ridge, as in his judgment should -seem best, and take position on the right of our column as it -advanced. General Longstreet says: - - "General Stuart held the gap for a while, and then hurried around - beyond Hooker's army, and we saw nothing more of him until the - evening of July 2d, when he came down from York and joined us, having - made a complete circuit of the Federal army." - -Longstreet and Hill crossed the Potomac, to be within supporting -distance of Ewell, and advanced into Pennsylvania, encamping near -Chambersburg on the 27th of June. The cavalry, under Colonel White, -advanced to the Susquehanna. - -On the night of the 27th information was received that General Hooker -had crossed the Potomac, and was advancing northward, and that the -head of the column had reached South Mountain. This menaced our -communications, and it was resolved to prevent his further progress -by concentrating our army on the east side of the mountain. -Accordingly, the different commands were ordered to proceed to -Gettysburg. This march was conducted more slowly than it would have -been had the movements of Hooker been known. Heth's, the leading -division of Hill's corps, met the enemy in front of Gettysburg on the -morning of July 1st, driving him back to within a short distance of -the town; the advance there encountered a larger force, with which -two of Hill's divisions became engaged. Ewell, coming up with two of -his divisions, joined in the engagement; and the opposing force was -driven through Gettysburg with heavy loss, including about five -thousand prisoners and several pieces of artillery. - -Under the instructions given to them not to bring on a general -engagement, these corps bivouacked on the ground they had won. - -In an address delivered at Lexington, Virginia, on January 17, 1873, -General W. N. Pendleton, chief of artillery, makes the following -statement: - - "The ground southwest of the town was carefully examined by me after - the engagement on July 1st. Being found much less difficult than the - steep ascent fronting the troops already up, its practicable - character was reported to our commanding General. He informed me that - he had ordered Longstreet to attack on that front at sunrise the next - morning. And he added to myself, 'I want you to be out long before - sunrise so as to reexamine and save time.' He also desired me to - communicate with General Longstreet as well as with himself. The - reconnaissance was accordingly made, as soon as it was light enough - on the 2d, and made through a long distance--in fact, very close to - what there was of the enemy's line. No insuperable difficulty - appearing, and the marching up--far off, the enemy's reenforcing - columns being seen--the extreme desirableness of immediate attack - there, was at once reported to the commanding General; and, according - to his wish, message was also sent to the intrepid but deliberate - corps commander whose sunrise attack there had been ordered. There - was, however, unaccountable delay. My own messages went repeatedly to - General Lee, and his, I know, was urgently pressed on General - Longstreet, until, as I afterward learned from officers who saw - General Lee, as I could not at the time, he manifested extreme - displeasure with the tardy corps commander. That hard-fighting - soldier, to whom it had been committed there to attack early in the - day, did not, in person, reach the commanding General, and with him - ride to a position whence to view the ground and see the enemy's - arriving masses, until twelve o'clock; and his column was not up and - ready for the assault until 4 P.M. All this, as it occurred under my - personal observation, it is nothing short of imperative duty that I - should thus fairly state." - -For the reasons set forth by General Pendleton, whose statement, in -regard to a fact coming under his personal observation, none who know -him will question, preparations for a general engagement were -unfortunately delayed until the afternoon, instead of being made at -sunrise; then troops had been concentrated, and "Round-Top," the -commanding position, unoccupied in the morning, had received the -force which inflicted such disaster on our assaulting columns. The -question as to the responsibility for this delay has been so fully -discussed in the Southern Historical Society papers as to relieve me -from the necessity of entering into it. - -The position at Gettysburg was not the choice of either side. South -from the town an irregular, interrupted line of hills runs, which is -sometimes called the "Gettysburg Ridge." This ridge, at the town, -turns eastward and then southward. At the turn eastward is Cemetery -Hill and at the turn southward Culps's Hill. From Cemetery Hill the -line runs southward about three miles in a well-defined ridge, since -the battle called Cemetery Ridge, and terminates in a high, rocky, -and wooded peak named Round-Top, which was the key of the enemy's -position, as it flanked their line. The less elevated portion, near -where the crest rises into Round-Top, is termed "Little Round-Top," a -rough and bold spur of the former. Thus, while Cemetery and Culps's -Hills require the formation of a line of battle to face northward, -the direction of Cemetery Ridge requires the line to face westward. -The crest has a good slope to the rear, while to the west it falls -off in a cultivated and undulating valley, which it commands. About a -mile distant is a parallel crest, known as Seminary Ridge, and which -our forces occupied during the battle. Longstreet, with the divisions -of Hood and McLaws, faced Round-Top and a good part of Cemetery -Ridge; Hill's three divisions continued the line from the left of -Longstreet, fronting the remainder of Cemetery Ridge; while Ewell, -with his three divisions, held a line through the town, and, sweeping -round the base of Cemetery Hill, terminated the left in front of -Culps's Hill. - -These were the positions of the three corps after the arrival of -General Longstreet's troops. - -The main purpose of the movement across the Potomac was to free -Virginia from the presence of the enemy. If this could be done by -manoeuvering merely, a most important result would be cheaply -obtained. The contingency of a battle was of course deemed probable, -and, with any fair opportunity, the Army of Northern Virginia was -considered sure to win a victory. - -[Illustration: Lieutenant-General James Longstreet] - -It had not been intended to fight a general battle at such a distance -as Gettysburg from our base, unless attacked; but, being unexpectedly -confronted by the opposing army, it became a matter of difficulty to -withdraw through the mountains with our large trains. At the same -time the country was unfavorable for collecting supplies while in the -presence of the main army of the enemy, as he was enabled to restrain -our foraging parties by occupying the passes of the mountains with -both regular and local troops. Encouraged by the successful issue of -the engagement of the first day, and in view of the valuable results -that would ensue from the defeat of the army of General Meade (who -had succeeded General Hooker), General Lee thought it preferable to -renew the attack. - -General Meade held the high ridge above described, along which he had -massed a large amount of artillery. General Ewell occupied the left -of our line, General Hill the center, and General Longstreet the -right. In front of General Longstreet the enemy held a position, from -which, if he could be driven, it was thought that our army could gain -the more elevated ground (Round-Top) beyond, and thus enable our guns -to rake the crest of the ridge. That officer was directed to endeavor -to carry this position, while General Ewell attacked directly the -high ground on the enemy's right, which had already been partially -fortified. General Hill was instructed to threaten the center of the -line, in order to prevent reënforcements to either wing, and to avail -himself of any opportunity that might present itself to attack. After -a severe struggle Longstreet succeeded in getting possession of and -holding the ground in his immediate front. Ewell also carried some of -the strong positions which he assailed, and the result was such as to -lead to the belief that he would ultimately be able to dislodge the -force in his front. The battle ceased at dark. These partial -successes determined Lee to continue the assault on the next day. -Pickett, with three of his brigades, joined Longstreet on the -following morning, and our batteries were moved forward to the -position gained by him on the day before. The general plan of attack -was unchanged, except that one division and two brigades of Hill's -corps were ordered to support Longstreet. - -General Meade, in the mean time, had strengthened his line with -earthworks. The morning was occupied in necessary preparations, and -the battle recommenced in the afternoon of the 3d, and raged with -great violence until sunset. Our troops succeeded in entering the -advanced works of the enemy, and getting possession of some of his -batteries; but, our artillery having nearly expended its ammunition, -the attacking columns became exposed to the heavy fire of the -numerous batteries near the summit of the ridge, and, after a most -determined and gallant struggle, were compelled to relinquish their -advantage and fall back to their original positions with severe loss. - -Owing to the strength of the enemy's position and the exhaustion of -our ammunition, a renewal of the engagement could not be hazarded, -and the difficulty of procuring supplies rendered it impossible to -continue longer where we were. Such of the wounded as could be -removed and a part of the arms collected on the field were ordered to -Williamsport. The army remained at Gettysburg during the 4th, and at -night began to retire by the road to Fairfield, carrying with it -about four thousand prisoners. Nearly two thousand had been -previously paroled; but the numerous wounded that had fallen into our -hands after the first and second day's engagements were left behind. -Little progress was made that night, owing to a severe storm, which -greatly embarrassed our movements. The rear of the column did not -leave its position near Gettysburg until after daylight on the 5th. -The march was continued during that day without interruption by the -enemy, except an unimportant demonstration upon our rear in the -afternoon, when near Fairfield, which was easily checked. The army, -after a tedious march, rendered more difficult by the rains, reached -Hagerstown on the afternoon of the 6th and morning of the 7th of July. - -The Potomac was so much swollen by the rains, that had fallen almost -incessantly since our army entered Maryland, as to be unfordable. A -pontoon-train had been sent from Richmond, but the rise in the river -gave to it a width greater than was expected, so that additional -boats had to be made by the army on its retreat. Our communication -with the south side was thus interrupted, and it was found difficult -to procure either ammunition or subsistence, the latter difficulty -being enhanced by the high water impeding the working of the mills. -The trains with the wounded and prisoners were compelled to wait at -Williamsport for the subsiding of the river or the construction of -additional pontoon-boats. The enemy had not yet made his appearance, -but, as he was in a condition to obtain large reënforcements and our -want of supplies was daily becoming more embarrassing, it was deemed -advisable to recross the river. By the 13th a good bridge was thrown -over at Falling Waters. On the 12th Meade's army approached. A -position had been previously selected to cover the Potomac from -Williamsport to Falling Waters, and an attack was awaited during that -and the succeeding day. This did not take place, though the two -armies were in close proximity, the enemy being occupied in -fortifying his own lines. - -General Meade, in his testimony before the Committee on the Conduct -of the War, said that he ordered an attack on our forces on the -morning of the 14th, and, if it had been made, it was his opinion -that "it would have resulted disastrously." When asked the reasons -for that opinion, he replied: - - "If I had attacked the enemy in the position which he then - occupied--he having the advantage of position, and being on the - defensive, his artillery in position, and his infantry behind - parapets and rifle-pits--the very same reasons and causes which - produced my success at Gettysburg would have operated in his favor - there, and be likely to produce success on his part." - -Our preparations being completed, and the Potomac, though still deep, -being pronounced fordable, the army commenced to withdraw to the -south side on the night of the 13th. Ewell's corps forded the river -at Williamsport, those of Longstreet and Hill crossed upon the -bridge. Owing to the condition of the roads the troops did not reach -the bridge until after daylight on the 14th, and the crossing was not -completed until 1 P.M., when the bridge was removed. General Lee said -that the enemy offered no serious interruption, and the movement was -attended with no loss of material except a few disabled wagons and -two pieces of artillery, which the horses were unable to move through -the deep mud. During the slow and tedious march to the bridge, in the -midst of a violent storm of rain, some of the men lay down by the way -to rest. Officers sent back for them failed to find many in the -obscurity of the night, and these, with some stragglers, a few of -Heth's division most remote from the bridge, were captured. On the -following day the army marched to Bunker Hill, in the vicinity of -which it encamped for several days. Owing to the swollen condition of -the Shenandoah River, the campaign which was contemplated when the -Potomac was recrossed, could not be immediately commenced. Before the -waters had subsided, the movements of the enemy required us to cross -the Blue Ridge and take position south of the Rappahannock. - -The strength of our army at Gettysburg is stated at 62,000 of all -arms.[79] The report of the Army of the Potomac under General Meade, -on June 30, 1863, states the force present at 112,988 men. Before the -Committee on the Conduct of the War, General Meade, in reference to -his force at Gettysburg, said, "Including all arms of the service, my -strength was a little under 100,000 men--about 95,000." - -If the strength of General Lee's forces, according to the last -accessible report before the movement northward, be compared with -that made after his return into Virginia, there is a decrease of -nineteen thousand of the brave men who had set the seal of -invincibility upon the Army of Northern Virginia. - -General Lee, in his report, noticing the large loss of men and -officers, says: - - "I can not speak of these brave men as their merits and exploits - deserve. Some of them are appropriately mentioned in the accompanying - reports, and the memory of all will be gratefully and affectionately - cherished by the people in whose defense they fell. - - "The loss of Major-General Pender is severely felt by the army and - the country. . . . Brigadier-Generals Armistead, Barksdale, Garnet, - and Semmes, died as they had lived, discharging the highest duty of - patriots with devotion that never faltered, and courage that shrank - from no danger." - -The testimony of General Meade, above mentioned, contains this -statement respecting his losses: - - "On the evening of the 2d of July, after the battle of that day had - ceased, and darkness had set in, being aware of the very heavy losses - of the First and Eleventh Corps on the 1st of July, and knowing how - severely the Third Corps, the Fifth Corps, and other portions of the - army, had suffered in the battle of the 2d of July--in fact, as - subsequently ascertained, out of the twenty-four thousand men killed, - wounded, and missing, which was the amount of my losses and - casualties at Gettysburg--over twenty thousand of them had been put - _hors de combat_ before the night of the 2d of July." - -Thus closed the campaign in Pennsylvania. The wisdom of the strategy -was justified by the result. The battle of Gettysburg was -unfortunate. Though the loss sustained by the enemy was greater than -our own, theirs could be repaired, ours could not. - -Had General Lee been able to compel the enemy to attack him in -position, I think we should have had a complete victory, and the -testimony of General Meade quoted above shows that he was not at all -inclined to make the experiment. If General Lee, by moving to the -right, would only have led General Meade to fall back on his -preferred position of Pipe Creek, his ability to wait and the -impossibility under such circumstances for General Lee to supply his -army for any length of time seem to me an answer to that point in the -criticism to which our great Captain has been subjected. To compel -Meade to retire would have availed but little to us, unless his army -had first been routed. To beat that army was probably to secure our -independence. The position of Gettysburg would have been worth -nothing to us if our army had found it unoccupied. The fierce battle -that Lee fought there must not be considered as for the position; to -beat the great army of the North was the object, and that it was of -possible attainment is to be inferred from the various successes of -our arms. Had there been a concentrated attack at sunrise on the -second day, with the same gallantry and skill which were exhibited in -the partial assaults, it may reasonably be assumed that the enemy -would have been routed. This, from the best evidence we have, was the -plan and the expectation of General Lee. These having failed, from -whatever cause, and Meade having occupied in force the commanding -position of Round-Top, it must be conceded that it would have been -better to withdraw than to renew the attack on the third day. The -high morale and discipline of our army, together with the unqualified -confidence of the men in their commanding General, excluded the -supposition that they would be demoralized by retreat. Subsequent -events proved how little cause there was to fear it. It is not -admitted that our army was defeated, and the enemy's claim to a -victory is refuted by the fact that, when Lee halted on the banks of -the Potomac, Meade, instead of attacking as a pursuing general would -a defeated foe, halted also, and commenced intrenching. - -The Battle of Gettysburg has been the subject of an unusual amount of -discussion, and the enemy has made it a matter of extraordinary -exultation. As an affair of arms it was marked by mighty feats of -valor to which both combatants may point with military pride. It was -a graceful thing in President Lincoln if, as reported, when he was -shown the steeps which the Northern men persistently held, he -answered, "I am proud to be the countryman of the men who assailed -those heights." - -The consequences of the battle have justified the amount of attention -it has received. It may be regarded as the most eventful struggle of -the war. By it the drooping spirit of the North was revived. Had -their army been there defeated, those having better opportunities to -judge than I or any one who was not among them, have believed it -would have ended the war. On the other hand, a drawn battle, where -the Army of Northern Virginia made an attack, impaired the confidence -of the Southern people so far as to give the malcontents a power to -represent the Government as neglecting for Virginia the safety of the -more southern States. - -In all free governments, the ability of its executive branch to -prosecute a war must largely depend upon public opinion; in an infant -republic, this, for every reason, is peculiarly the case. The volume -given to the voice of disaffection was therefore most seriously felt -by us. - -Shattered, it is true, but not disheartened, the Army of Northern -Virginia after recrossing the Potomac rose like the son of Terra, -with renewed vigor, and entered on the brilliant campaign hereafter -to be generally described. - -Early in October General Lee, with two corps (Ewell's and Hill's), -the First Corps of his army having been temporarily detached for -service in Tennessee, crossed the Rapidan to attack the flank of the -enemy, or to compel him to retreat. It resulted in the capture of -fifteen hundred prisoners, and forced Meade's army back to Alexandria -and Centreville. The campaign was an unbroken success, with the -exception of a rash and ill-conducted affair at Bristoe Station, -where our advance engaged a corps, and was repulsed, losing a number -of men and five guns. Thus, without a general battle, a large portion -of the State was for the time liberated. - -On November 7th the enemy advanced upon our force at Kelly's Ford, of -the Rappahannock River, effected a crossing, and, rushing upon two -brigades who were at Rappahannock Station defending the bridges, -overwhelmed and captured most of them, taking between twelve and -fifteen hundred men, and four pieces of artillery. The movements of -the enemy were concealed by the darkness, and his attack was a -surprise. - -On November 26th the army under General Meade crossed the Rapidan, -with the intention of interposing between the widely separated wings -of his adversary. Instead of being successful, this movement resulted -in an entire failure. General Meade found Lee's army posted behind -Mine Run, and ready to receive an attack whenever he was disposed to -make it. "Meade declared, it is related, that he could carry the -position with a loss of thirty thousand men; but, as that idea was -frightful, there seemed nothing to do but retreat." [80] Lee had -inaugurated that system of breastworks which did him good service in -his long campaign with General Grant. When the troops were halted in -a wood, the men felled the large trees, heavy logs were dragged -without loss of time to the prescribed line, where they were piled -upon one another in double walls, which were filled in rapidly with -earth; so that, in a short space of time, defenses which would turn a -cannon-shot were often constructed. In front, for some distance, the -felled timber made a kind of abatis. As General Meade did not attack, -General Lee, on the night of December 1st, determined to assail his -adversary on the next morning; but, when the dawn broke over the -hills, his camps were seen to be deserted. General Meade had -abandoned the campaign, and was in full retreat toward the Rapidan. -Pursuit was immediately made, but he had too much the start, and -reached the north side of the Rapidan before he could be overtaken. -Both armies then retired to their original positions. We captured -about seven hundred prisoners, four hundred mules and horses, and -destroyed or secured one hundred and twenty wagons. - - -[Footnote 79: "Four Years with General Lee."] - -[Footnote 80: "Life of General R. E. Lee," by J. E. Cooke.] - - - - -CHAPTER XLII. - - Subjugation of the States of Tennessee, Louisiana, Arkansas, and - Virginia.--Object of a State Government; its Powers are "Just - Powers"; how exercised; its Duty; necessarily sovereign; its Entire - Order; how founded; how destroyed.--The Crime against Constitutional - Liberty.--What is the Government of the United States?--It partakes - of the Nature of a Limited Partnership; its Peaceful Objects.-- - Distinction between the Governments of the States and that of the - United States.--Secession.--The Government of the United States - invades the State; refuses to recognize its Government; thus denies - the Fundamental Principle of Popular Liberty.--Founded a New State - Government based on the Sovereignty of the United States - Government.--Annihilation of Unalienable Rights.--Qualification of - Voters fixed by Military Power.--Condition of the Voter's Oath.-- - Who was the Sovereign in Tennessee?--Case of Louisiana.-- - Registration of Voters.--None allowed to register who could not or - would not take a Certain Oath; its Conditions.--Election of State - Officers.--Part of the State Constitution declared void.--All done - under the Military Force of the United States Government. - - -The most painful pages of this work are those which now present the -subjugation of the State governments by the Government of the United -States. The patriot, the lover of his country and of the liberties of -mankind, can not contemplate these facts without a feeling of grief -which will not be comforted. That the work of the fathers of the -republic, that the most magnificent system of constitutional -government which the wisdom of man has devised, should be turned from -its object, changed from its order, rendered powerless to protect the -unalienable rights and sovereignty of the people, and made the -instrument by which to establish and maintain imperialism, is a -revolution unlike any other that may be found in the history of -mankind. The result established the truthfulness of the assertion, so -often made during the progress of the war, that the Northern people, -by their unconstitutional warfare to gain the freedom of certain -negro slaves, would lose their own liberties. - -It has been shown that the governments of the States were instituted -to secure certain unalienable rights of the citizens with which they -were endowed by their Creator, and that among these rights were life, -liberty, and the pursuit of happiness; that they derived their just -powers from the consent of the governed; and that these powers were -organized by the citizens in such form as seemed to them most likely -to effect their safety and happiness. Where must the American citizen -look for the security of the rights with which he has been endowed by -his Creator? To his State government. Where shall he look to find -security and protection for his life, security and protection for his -personal liberty, security and protection for his property, security -and protection for his safety and happiness? Only to his State -government. - -The powers which the State government possesses for the security of -his life, his liberty, his property, his safety, and his happiness, -are "just powers." They have been derived from the unconstrained -consent of the governed, and they have been organized in such form as -seems most likely to effect these objects. - -Is the citizen's life in danger from violence? The State guarantees -his protection, and it is its duty to rescue him from danger and -obtain redress from the offender, whether an individual or a foreign -nation. Are the freedom and personal liberty of the citizen in danger -from unlawful arrest and imprisonment? The State guarantees both, and -it is its duty to secure and preserve his freedom. Is the property of -the citizen in danger of a violent and unjust seizure and unlawful -detention or destruction? The State government guarantees his title, -restores the property, or obtains damages. Is the personal property -of the citizen in danger of robbery or abduction? The State -government throws over it the shield of its protection, and regards -the burglar and the robber as the enemies of society. It is -unnecessary to proceed further with this enumeration. - -The duty of the State government is to give to its citizens perfect -and complete security. It is necessarily sovereign within its own -domain, for it is the representative and the constituted agent of the -inherent sovereignty of the individuals. For the performance of its -duty of protection it may unite with other sovereignties; and also, -for better safety and security to its citizens, it may withdraw or -secede from such Union. - -It will be seen that the entire order of the State government is -founded on the free consent of the governed. From this it springs; -from this it receives its force and life. It is this consent alone -from which "just powers" are derived. They can come from no other -source, and their exercise sources a true republican government. All -else are usurpations, their exercise is a tyranny, and their end is -the safety and security of the usurper, to obtain which the -unalienable rights of the people are sacrificed. The "just powers," -thus derived, are organized in such form as shall seem to the -governed to be most likely to secure their safety and happiness. It -is the governed who determine the form of the government, and not the -ruler nor his military force, unless he comes as a conqueror to make -the subjugated do his will. The object, or end, for which these "just -powers" are derived from the consent of the governed and organized in -such form as seems most likely to effect that object, is solely to -secure the unalienable rights of men--such as life, liberty, -property, justice, peace and order, and the pursuit of happiness. - -It will now be seen by the reader that, whenever any one of the -features of this order is perverted in its origin or progress, or -thwarted, or caused to deviate from its natural operation by any -internal or external interference, the order is destroyed, and the -State government, which represents it, is subverted, turned from its -object, changed from its natural purpose, rendered powerless to -protect the unalienable rights of its citizens, and made an -instrument to strengthen the hands of despotism. The commission of -such a subversion of the peaceful and fraternal States of this once -happy republic is fearlessly charged upon the Government of the -United States, as in itself constituting a monstrous crime against -constitutional liberty; and it is asserted that, when the -circumstances attending the deed are considered--the rage against a -whole people, the pillage, the arson, the inciting of servile war, -the slaughter of defenseless non-combatants, the devastation of whole -peaceful regions, the indiscriminate destruction of property--no -parallel can be found in the annals of mankind. - -What, then, is the Government of the United States? It is an -organization of a few years' duration. It might cease to exist, and -yet the States and the people continue prosperous, peaceful, and -happy. Unlike the governments of the States, which find their origin -deep in the nature of man, it sprang from certain circumstances which -existed in the course of human affairs. Unlike the governments of the -States and of separate nations, which have a divine sanction, it has -no warrant for its authority but the ratification of the sovereign -States. Unlike the governments of the States, which were instituted -to secure generally the unalienable rights of man, it has only the -enumerated objects, and is restrained from passing beyond them by the -express reservation of all delegated functions. It keeps no records -of property, and guarantees to no one the possession of his estate. -Marriage, from which springs the family and the State, it can neither -confirm nor annul. It partakes of the nature of an incorporation for -certain purposes, beyond which it has neither influence nor -authority. It is an anomaly among governments, and arose out of the -articles of agreement made by certain friendly States, which proposed -to form a society of States and invest a common agent with specified -functions of sovereignty. Its duration was intended to be permanent, -as it was hoped thus to promote the peaceful ends for which it was -established; but, to have declared it _perpetual_, would have been to -deny the right of a people to alter or abolish their government when -it should cease to answer the ends for which it was instituted. - -The objects which its creation was designed to secure to the States -and their people were of a truly peaceful nature, and commended -themselves to the approbation of men. They were stated by its authors -in a form called "the preamble" of their work, which is in these -words: - - "We, the people of the United States, in order to form a more perfect - union, establish justice, insure domestic tranquillity, provide for - the common defense, promote the general welfare, and secure the - blessings of liberty to ourselves and our posterity, do ordain and - establish this Constitution of the United States." - -Mankind must contemplate with horror the fact that an organization -established for such peaceful and benign ends did, within the first -century of its existence, lead the assault in a civil war that -brought nearly four millions of soldiers into the field, destroyed -thousands and thousands of millions of treasure, trampled the -unalienable rights of the people under foot, subverted and subjugated -the governments of the States, and ended by establishing itself as -supreme and sovereign over all. Some Christian writer has suggested -the thought that there may not be a spot of the earth's surface in -the Old World but has witnessed the commission of some human crime or -been wet with human gore. How nearly true this may be of the New -World's once-vaunted asylum for the victims of despotism, misrule, -and oppression, these pages can bear some testimony. After all, it is -the civil disorders, the violations of rights, and the perversions of -wise and useful institutions, that are the most disastrous in their -consequences. They last for ages; and often, too often, the lapse of -time brings no remedy to the suffering people. In their despair, they -say the past is gone for ever--a new era has opened; but what -horrors may be developed in its revolving years no mortal can -foresee, so they hug the chains they feel powerless to break. - -How distinct in its nature and objects was the Government of the -United States from the governments of the States, may be seen from -that which has already been said. The former was established by -common consent to look after the common interests. It was to make -peace or war with foreign nations, protect the frontiers, extend the -boundaries, decide disputes between citizens of different States, and -administer general affairs in a manner to promote the peace, the -order, and the happiness of all. But, to the fostering care of the -State government, the man, the citizen, the head of the family, the -parent, the child, the woman, the scholar, and the Christian all -looked with full confidence as to their natural and divinely -sanctioned protector against all foes within or without; and relied -upon its ever-present arm for the safety and security of their -persons, their homes, their property, and their institutions. How -wofully the confiding people were betrayed when the usurper came, let -some of the Northern States answer! - -Now let us proceed to notice the acts of the Government of the United -States, which subjugated the State governments. The details in the -case of Tennessee have been already stated. In that instance, the -government of the State, which derived its powers from the consent of -the governed, so that they were "just powers," found, in the -discharge of its duty to protect the institutions of its people, that -there were no means by which it could fulfill that duty but by a -withdrawal from the Union, so as to be rid of the Government of the -United States, and thus escape the threatened dangers of usurpation -and sectional hostility. It therefore resolved to withdraw from the -Union, and the people gave their assent to this resolution; so that -the State no longer considered itself a member of the Union, nor -recognized the laws and authority of its Government. The Government -of the United States, then, with a powerful military force, planted -itself at Nashville, the State capital. It refused to recognize the -State government, or any organization under it, as having any -existence, or to recognize the people otherwise than as a hostile -community. It said to them, in effect: "I am the sovereign and you -are the subjects. If you are stronger than I am, then drive me out of -the State; if I am stronger than you are, then I demand an -unconditional surrender to my sovereignty." It is evident that the -Government of the United States was not there by the consent of those -who were to be governed. It had not, therefore, any "just powers" of -government within the State of Tennessee. For, says the Declaration -of Independence of our fathers, governments "derive their 'just -powers' from the consent of the governed." It is further evident -that, by this action, the Government of the United States denied the -fundamental principle of popular liberty--that the people are the -source of all political power. In this instance, it not only -subverted the State government, but carried that subversion to the -extent of annihilation. It, therefore, proceeded to establish a new -order of affairs, founded, not on the principle of the sovereignty of -the people, which was wholly rejected, but on the assumption of -sovereignty in the United States Government. It appointed its -military Governor to be the head of the new order, and recognized no -civil or political existence in any man, except some of its notorious -adherents, until, betraying the State, he had taken an oath of -allegiance to the sovereignty of the Government of the United States. -Now commenced a system of denial of unalienable rights, for the -methods of the usurper are the same everywhere. Freedom of speech was -suppressed by the imposition of fines on those using "seditious" -language, and the demand of security for their future humility. The -freedom of the press was suppressed by suspension of publications and -the confiscation of the offices. Personal liberty was destroyed by -arrests, imprisonment, and exile. - -In process of time, an effort was made to erect a form of State -government which should be subservient and subject to the United -States Government. For this purpose, no one could be a voter until he -had bound himself by an oath to support and defend the Government of -the United States. Under the State governments, manhood, which came -by nature, and residence, which came by one's own will, were -sufficient qualifications for the voter. - -It will be apparent from this statement that the voter's right to -cast his ballot came not to him as an unalienable right, but rested -upon the permission of the Government of the United States, as his -sovereign, to whom his allegiance was due, and to whom he was -required, in the first instance, to bind himself by an oath of -allegiance without any mention whatever of a State government. -Indeed, a little later, the same oath was required with additional -conditions before a man was permitted to vote for a State -constitutional convention, or for delegates to such a convention. -These conditions were, that he would faithfully support all acts of -Congress and all proclamations of the President of the United States, -passed or made during the rebellion, having reference to slaves. -Thus, the voter's right was made to rest, not only upon his binding -himself in allegiance to the United States as his sovereign, but in -the binding by oath his consent to certain unconstitutional acts and -proclamations expressly designed to destroy one of the most important -institutions of the State. This, sustained by a military force, was -exacted by the United States Government as the lord paramount--the -sovereign within the State. At the same time, the action of the -voter, which should be perfectly free and unconstrained (for, under -American political principles, he is the sovereign over all), is -limited and bound down by an oath faithfully to support certain acts -to which it was presumable he had ever been conscientiously opposed. - -Under these circumstances, who was the sovereign in Tennessee? The -Government of the United States. Where was the government of the -State of Tennessee and the sovereign people? The former was subverted -and overthrown, and the latter subjugated. The approval by Tennessee, -under such circumstances, of Article XIII, as an amendment to the -Constitution of the United States prohibiting the existence of -slavery, was of no force; for consent given by a party under -constraint has neither legal nor moral validity. The State -Constitution was so amended as to contain certain new provisions -prescribed by the Government of the United States by a so-called -convention of delegates elected by the voters above specified, and -then submitted to these voters, and said to be ratified by them. They -were little more in numbers than a handful of the people of -Tennessee. Was this a Constitution amended and approved by the -consent of the people of Tennessee, the only sovereigns known under -our institutions, or was it a Constitution amended and voted for by a -small fraction of its population acting under the authority of the -Government of the United Stales, as the only sovereign in the State? -Admitting, even, that those who voted for the amended Constitution -were the only legal voters in the State, the Government of the United -States was no less an unlawful intruder and usurper when it -prescribed the amendments of the Constitution and designated the -voters. Nevertheless, this work was recognized by it, as constituting -a republican State government under the Constitution. - -Let us next notice some points in the subversion of the State -government of Louisiana. One of the earliest steps taken for a civil -organization, after the occupation of New Orleans, was to make a -registration of voters. The United States Government was in -possession by military force, and the object was to secure its -permanent supremacy. Therefore, the oath which was administered to -the person applying for registration contained this condition: - - "I now register myself as a voter, freely and voluntarily, for the - purpose of organizing a State government in Louisiana, loyal to the - Government of the United States." - -It was also announced, with the approval of the military Governor, -that any person swearing falsely to any material part of the oath -would be deemed to be guilty of perjury, and be liable to prosecution -and punishment. The effect of this measure was to secure a -registration only of persons who would maintain the supremacy of the -Government of the United States. A proclamation was next issued by -the commander of the United States forces for an election of State -officers under the laws and Constitution of the State. It was -declared that these officers, when thus elected, would constitute the -so-called civil government of the State, under the Constitution and -laws of Louisiana, "except so much of the said Constitution and laws -as recognize, regulate, or relate to slavery," which were also -declared to be inoperative and void. It was further provided, in the -same proclamation, as follows: - - "In order that the organic law of the State may be made to conform to - the will of the people and harmonize with the spirit of the age, as - well as to maintain and preserve the ancient landmarks of civil and - religions liberty, an election of delegates to a convention for the - revision of the Constitution will be held," etc. - -The effect of these acts was to establish a number of persons, -pledged to support the Government of the United States, as the only -qualified voters in the State, and to elect so-called State officers -and delegates to a so-called Constitutional Convention by their -ballots. But this was a work that could be done only by the sovereign -people acting through their lawful State government. It was not so -done, because the Government of the United States, with a powerful -military force, had taken possession of New Orleans, refused to -recognize the officers of the State government, and sought to capture -and imprison them, although it recognized the validity of the State -Constitution in part, and commanded these things to be done as if it -was the ultimate sovereign over all. - -Thus the government of the State was subverted, the Constitution of -the State in part set aside, and the sovereignty of the people -trampled down by a power that had no rightful authority for such -acts. Subsequently, a so-called convention was held, a so-called new -Constitution adopted, complying with the views of the Government of -the United States, the amendment to the Constitution of the United -States as above mentioned was adopted, the State Representatives were -admitted to seats in Congress, and the people acquiesced in the fraud -which they had not the power to correct. - -The proceedings in the States of Arkansas and Virginia, which -resulted in an entire subversion of the State Governments, the -destruction of the sovereignty of the people, and the establishment -of the supremacy of the Government of the United States, have been -stated on a preceding page. - - - - -CHAPTER XLIII. - - Subjugation of the Border States, Maryland, Kentucky, and Missouri.-- - A Military Force invades Maryland and occupies Baltimore.--Martial - Law declared.--A Military Order.--Banishment from the State.-- - Civil Government of the State suspended.--Unalienable Rights of the - Citizens invaded.--Arrests of Citizens commenced.--Number.--Case - of John Merryman.--Opinion of Chief-Justice Taney.--Newspapers - seized.--Houses searched for Arms.--Order of Commanding General to - Marshals to put Test to Voters.--The Governor appeals to the - President.--His Reply.--Voters imprisoned.--Statement of the - Governor.--Result of the Election.--State Constitutional - Convention.--Emancipation hardly carried.--First Open Measures in - Kentucky.--Interference at the State Election by the United States - Government.--Voters excluded.--Martial Law declared.--Soldiers - keeping the Polls.--The Vote.--Statement of the Governor.--Attempt - to enroll Able-bodied Negroes.--The Governor visits Washington.-- - The Result.--Arrests, Imprisonment, and Exile of Citizens.-- - Suspension of the Writ of _Habeas Corpus_ by President Lincoln.-- - Interference with the State Election.--Order to the Sheriffs.-- - Proclamation of the Governor.--Enlistment of Slaves.--Emancipation - by Constitutional Amendment.--Violent _Measures_ in Missouri.--The - Governor calls out the Militia.--His Words.--The Plea of the - Invader.--"The Authority of the United States is Paramount," said - President Lincoln.--Bravery of the Governor.--Words of the - Commanding General.--Troops poured into the State.--Proceedings of - the State Convention.--Numberless Usurpations.--Provisional - Governor.--Emancipation Ordinance passed. - - -If the State government is instituted with certain powers which -become "just powers" by the formal consent of the governed, for the -purpose of enforcing security to the unalienable rights of man, it -must be evident that any interference with those rights by which -their enjoyments diminished, endangered, or destroyed, is not only an -obstruction to the operation of the "just powers" of the State -government, but is subversive of the purpose which it was instituted -to effect. - -In this manner the State government of Maryland was subjugated. A -military force, under the authority of the Government of the United -States, occupied the city of Baltimore at a time when no invasion of -the State was threatened, and when there had been no application of -the Legislature, or of the Executive, for protection against domestic -violence, which circumstances alone could give a constitutional -authority for this organized military force to occupy the State. The -commanding General, Schenck, soon issued an order, of which the -following is an extract: - - "Martial law is declared and hereby established in the city and - county of Baltimore, and in all the counties of the Western Shore of - Maryland. The commanding General gives assurance that this suspension - of civil government within the limits defined shall not extend beyond - the necessities of the occasion. All the civil courts, tribunals, and - political functionaries of State, county, or city authority, are to - continue in the discharge of their duties as in times of peace, only - in no way interfering with the exercise of the predominant power - assumed and asserted by the military authority." - -It will be noticed that this military force of the Government of the -United States had no constitutional permission to come into Maryland -and exercise authority; that the commanding General says that the -civil government of the State is suspended within certain limits; -that this suspension will be continued according to the necessities -of the occasion; that the courts and political functionaries may -discharge their duties, only in no way interfering with the exercise -of the predominant military power. Now, where were the "just powers" -of the State government at this time? They were suspended in a part -of the State, says the commanding General, and for so long a time as -the military authority may judge the necessities of the occasion to -require, and that the courts and political functionaries may -discharge their duties while recognizing the supremacy of the -military power. Thus was the State government subjugated. - -A further subversion of the State government was now commenced by an -invasion and denial of some of the unalienable rights of the -citizens, for the security of which that government was instituted. -The Constitution of the United States says: - - "No person shall be deprived of life, liberty, or property, without - due process of law." [81] - - "The right of the people to be secure in their persons, houses, - papers, and effects, against unreasonable searches and seizures, - shall not be violated." [82] - - "Excessive bail shall not be required, nor excessive fines imposed, - nor cruel and unusual punishments inflicted." [83] - - "Congress shall make no law abridging the freedom of speech, or of - the press." [84] - -The Declaration of Independence says: - - "That they are endowed by their Creator with certain unalienable - rights; that among these are life, liberty, and the pursuit of - happiness; that, to secure these rights, governments are instituted - among men." - -Immediately upon the issue of the order of the commanding General, -the arrests of citizens commenced by provost-marshals. The family -residence of a lady was forced open; she was seized, put on board of -a steamer, and sent to the Confederate States. A man was arrested for -being "disloyal" to the United States Government, and held for -examination. Another was charged with interfering with the -enrollment; he was held for further examination. Another, charged -with being "disloyal" to the United States Government, took the oath -of allegiance, and was released. A woman charged with the attempt to -resist the enrollment was arrested, and subsequently released. A man, -on a charge of "disloyalty," took the oath, and was released. -Another, charged with having given improper information to enrolling -officers, was released on furnishing the information. Another, -charged with having powder in his possession, was released on taking -the oath of allegiance. Two others, charged with abuse of the negroes -laboring on the fortifications, were held for examination. Another, -charged with rendering assistance to wounded Confederate soldiers, -and expressing treasonable sentiments, took the oath of allegiance -and was released. Another, charged with being a soldier in the -Confederate army and paroled, was ordered to be sent across the -lines. A man, charged with treasonable language, was ordered to be -sent across the lines. Two others, charged with aiding Confederate -soldiers, took the oath of allegiance and were discharged. Another, -charged with receiving letters from Confederates for the purpose of -delivery, took the oath of allegiance, and was discharged. Another, -charged with expressing treasonable sentiments, was held for -examination. Two, charged with cheering for Jefferson Davis, took the -oath and were released. - -One case more most be stated. On May 25, 1861, John Merryman, a most -respectable citizen of the State, residing in Baltimore County, was -seized in his bed by an armed force, and imprisoned in Fort McHenry. -He petitioned the Chief-Justice of the United States that a writ of -_habeas corpus_ might be issued, which was granted. The officer upon -whom it was served declined to obey the writ. An attachment was -issued against the officer. The marshal was refused admittance to the -fort to serve it. Upon such return being made, the Chief-Justice said: - - "I ordered the attachment yesterday, because upon the face of the - return the detention of the prisoner was unlawful upon two grounds: - - "1. The President, under the Constitution and laws of the United - States, can not suspend the privilege of the writ of _habeas corpus_, - nor authorize any military officer to do so. - - "2. A military officer has no right to arrest and detain a person not - subject to the rules and articles of war for an offense against the - laws of the United States, except in aid of the judicial authority - and subject to its control; and, if the party is arrested by the - military, it is the duty of the officer to deliver him over - immediately to the civil authority, to be dealt with according to law. - - "Under the Constitution of the United States, these principles are - the fundamental law of the Union. In relation to the present return, - I propose to say that the marshal has legally the power to summon out - the _posse comitatus_ to seize and bring into court the party named - in the attachment; but it is apparent he will be resisted in the - discharge of that duty by a force notoriously superior to the _posse - comitatus_ and, such being the case, the Court has no power under the - law to order the necessary force to compel the appearance of the - party. - - "I shall reduce to writing the reasons under which I have acted, and - which have led me to the conclusions expressed in my opinion, and - shall report them, with these proceedings, to the President of the - United States, and call upon him to perform his constitutional duty - to enforce the laws; in other words, to enforce the process of this - court." - -During the month of July arrests were made of 361 persons, on charges -like the above mentioned, by the military authority. Of this number, -317 took the oath of allegiance to the Government of the United -States, and were released; 5 were sent to Fort McHenry, 3 to -Washington for the action of the authorities there, 11 to the North, -6 across the lines, and 19 were held for further examination. - -On September 11, 1863, one of the city newspapers published the poem -entitled "The Southern Cross." The publishers and editor were -immediately arrested, not allowed communication with any person -whatever, and on the same day sent across the lines, with the -understanding that they should not return during the war. On July 2d -an order was issued which forbade the citizens of Baltimore City and -County to keep arms unless they were enrolled as volunteer companies. -The Fifty-first Regiment of Massachusetts Volunteers was placed at -the disposal of General E. B. Tyler, assisted by the provost-marshal -and the chief of police. The soldiers, in concert with the police, -formed into parties of three or four, and were soon diligently -engaged in searching houses. Large wagons were provided, and muskets, -carbines, rifles, revolvers of all kinds, sabers, bayonets, swords, -and bird and ducking guns in considerable quantities were gathered. -The Constitution of the United States says: - - "The right of the people to keep and bear arms shall not be - infringed." [85] - -A further subversion of the State government of Maryland was next -made by a direct interference with the elections. An election was to -be held in the State for members of the Legislature and members of -Congress on November 3, 1863. The commanding General, on October -27th, issued an order to all marshals and military officers to cause -their direct interference with the voters. The Governor (Bradford) -applied to the President of the United States to have the order -revoked, and protested against any person who offered to vote being -put to any test not found in the laws of Maryland. President Lincoln -declined to interfere with the order, except in one less important -point. The Governor issued a proclamation on the day preceding the -election, which the military commander endeavored to suppress, and -issued an order charging that the tendency of the proclamation was to -invite and suggest disturbance. One or more regiments of soldiers -were sent out and distributed among several of the counties to attend -the places of election, in defiance of the known laws of the State -prohibiting their presence. Military officers and provost-marshals -were ordered to arrest voters, guilty, in their opinion, of certain -offenses, and to menace judges of election with the power of the army -in case this order was not respected. - -But, perhaps, the forcible language of the Governor to the -Legislature will furnish the most undeniable statement of the facts. -He says: - - "On Monday evening preceding the election I issued a proclamation - giving the judges of election the assurance of the protection of the - State to the extent of its ability. Before the following morning, - orders were sent to the Eastern Shore, directing its circulation to - be suppressed; the public papers were forbidden to publish it, and an - embargo laid on all steamers in port trading with that part of the - State, lest they might carry it. - - "The abuses commenced even before the opening of the polls. On the - day preceding the election, the officer in command of the regiment - which had been distributed among the counties of the Eastern Shore, - and who had himself landed in Kent County, commenced his operations - by arresting and sending across the bay some ten or more of the most - estimable and distinguished of its citizens, including several of the - most steadfast and most uncompromising loyalists of the Shore. The - jail of the county was entered, the jailer seized, imprisoned, and - afterward sent to Baltimore, and prisoners confined therein under - indictment set at liberty. The commanding officer gave the first clew - to the kind of disloyalty against which he considered himself as - particularly commissioned, by printing and publishing a proclamation - in which, referring to the election to take place on the next day, he - invited all the truly _loyal_ to avail themselves of that opportunity - and establish their _loyalty_, 'by giving a full and ardent support - to the whole Government ticket, upon the platform adopted by the - Union League Convention,' declaring that 'none other is recognized by - the Federal authorities as loyal or worthy of the support of any one - who desires the peace and restoration of the Union.' - - "This Government ticket was in several, if not all, of those counties - designated by its color. It was a yellow ticket, and, armed with - that, a voter could safely run the gantlet of the sabers and carbines - that guarded the entrance to the polls, and known sympathizers with - the rebellion were allowed to vote unquestioned if they would vote - that ticket, while loyal and respected citizens, ready to take the - oath, were turned back by the officer in charge without even allowing - them to approach the polls. In one district the military officer took - his stand at the polls before they were opened, declaring that none - but the 'yellow ticket should be voted,' and excluded all others - throughout the day. In another district a similar officer caused - every ballot offered to be examined, and, unless it was the favored - one, the voter was required to take the oath, and not otherwise. In - another district, after one vote only had been given, the polls wore - closed, the judges were all arrested and sent out of the county, and - military occupation taken of the town. Other statements might be made. - - "These abuses present a humiliating record, such as I had never - supposed we should be called upon to read in any State, still less in - a loyal one like this. Unless it be, indeed, a fallacy to suppose - that any rights whatever remain to such a State, or that any line - whatever marks the limit of Federal power, a bolder stride across - that line that power never made, even in a rebel State, than it did - in Maryland on the 3d of last November. A part of the army, which a - generous people had supplied for a very different purpose, was on - that day engaged in stifling the freedom of election in a faithful - State, intimidating its sworn officers, violating the constitutional - rights of its loyal citizens, and obstructing the usual channels of - communication between them and their Executive." - -The result was the election of a majority of members of the -Legislature in favor of a State Constitutional Convention. The acts -necessary for this object were passed. At the election of delegates, -the military authority again interfered in order to secure a majority -in favor of immediate and unconditional emancipation. The so-called -Convention assembled and drafted a so-called Constitution, in which -the twenty-third article of the Bill of Rights prohibited the -existence of slavery in the State, and said, "All persons held to -service or labor as slaves are hereby declared free." - -It was urged, in objection to the adoption of the so-called -Constitution by the Convention, that "the election by which the -Convention was called and its members elected was not free for the -legal voters of the State, but was held and conducted in clear -violation of the rights of voters, in consequence of which a majority -of the legal voters of the State were excluded from the polls." A -rigid article on the qualifications of voters at the State elections -was embodied in the Constitution, with the shameless provision that -it should be in force at the election for ratification or rejection -of the so-called Constitution which was to create the disabilities. -The instrument also authorized a poll to be opened in each company of -every Maryland regiment in the service of the United States at the -quarters of the commanding officer, and that the commissioned -officers of such company should act as the judges of election. The -aid of the President of the United States was also obtained to help -on the ratification of the new Constitution, and he concludes a -letter on the subject by saying, "I shall be gratified exceedingly if -the good people of the State shall, by their votes, ratify the new -Constitution." - -Notwithstanding the aid of the President, of the soldiers' votes, and -a most stringent oath, and the exclusion of every person who had in -any manner, by word or act, aided the cause of the Confederacy, the -majority for the so-called Constitution was only 375. The total vote -was 59,973. In 1860 the vote of the State was 92,502. Thus was the -State government subjugated and made an instrument of destruction to -the people; thus were their rights ruthlessly violated, and property -millions of dollars in value annihilated. - -The reader must have noticed, in all these proceedings which resulted -in the subjugation of the State governments, the cautious and -stealthy manner in which the Government of the United States -proceeded at the outset in each instance until it got a strong -foothold, that then the mask was thrown off, and both Governor and -people were made the unresisting victims of its unscrupulous and -lawless outrages. - -In the State of Kentucky, the first open and direct measures taken by -the Government of the United States for the subjugation of the State -government and people, thereby to effect the emancipation of the -slaves, consisted in an interference with the voters at the State -election in August, 1863. This interference was by means of a -military force stationed at the polls to sustain and enforce the -action of some of the servants of the Government of the United -States, the object being to overawe the judges of election, secure -the administration of a rigid oath of allegiance, and thereby the -rejection of as many antagonistic votes as possible. Indeed, it was -intended that none but so-called "Union" men should vote--that is, -men who were willing to approve of every measure which the Government -of the United States might adopt to carry on the war and -revolutionize the State. At the same time, no man was allowed to be a -candidate or to receive any votes unless he was a well-known advocate -of the Government of the United States. It will be seen that these -measures excluded the largest portion of the former Democratic party, -although they might be practically "Union" men, and placed everything -in the hands of the Administration party, where, by the use of -similar machinery, it remained a great many years after the war -closed. - -Meantime, on July 31, 1863, the commanding General of the Department -of the Ohio issued an order declaring the State under martial law, -and said, "It is for the purpose, only, of protecting, if necessary, -the rights of loyal citizens and the freedom of elections." He would -have more correctly said, "It is for the purpose of enforcing and -securing a majority for the candidates of my views." The General in -command in the western part of the State issued an order to regulate -the election in that quarter, and the colonels at every post did -likewise. In Louisville, on the day of election, there were ten -soldiers with muskets at each voting-place who, with crossed -bayonets, stood in the doors, preventing all access of voters to the -polls but by their permission, and who arrested and carried to the -military prison all whom they were told to arrest. Out of some eight -thousand voters in the city, less than five thousand votes were -taken. How many of the missing three thousand were deterred from -attempting to vote could not be ascertained, nor was it necessary, -for the intimidation of three thousand voters is no greater outrage -than the intimidation of only three hundred. The interpretation -generally put on the order of the commanding officer by the -opposition party was, that no man was to have the privilege of having -his right to vote tested by the judges of election if he was pointed -out to the guard by any one of the detectives as a proper person to -be arrested. As the commanding officer had not the semblance of legal -or rightful power to interfere with the election, the most sinister -suspicions were naturally aroused, and very many were said to have -been deterred from going to the polls through fear that they would be -made the victims to personal or party malice. Similar intimidation -was practiced in other parts of the State. The result was, that there -was not only direct military interference with the election, but it -was conducted in most of the State under the intimidation of the -bayonets of the Government of the United States. The total vote was -85,695. In 1860 the vote of the State was 146,216. The Governor-elect -in his message spoke, of such an unjust election, as follows: - - "The recent elections clearly and unmistakably define the popular - will and public judgment of Kentucky. It is settled that Kentucky - will, with unwavering faith and unswerving purpose, stand by and - support the Government in every effort to suppress the rebellion and - maintain the Union." - -The true sense of this language is, that the Government of the United -States had so far subverted the State government and destroyed the -sovereignty of the people that they could not withstand its further -aggressions. - -The Government of the United States was now ready to move forward in -its design to destroy one of the most valuable institutions of the -State. Steps were taken by its officers to enroll all able-bodied -male negroes in the State between the ages of twenty and forty-five -years, that they might form a part of its forces. The effect of this -measure was to break up the labor system of the State, and meanwhile -the pseudo-philanthropists furnished food for powder, and indulged -their ideas of freedom at their neighbors' expense. The excitement -produced caused the Governor to visit Washington and effect -agreements by which all recruiting should cease when a county's quota -was full, all recruits should be removed from the State, and other -similar provisions. A year later, he said to the Legislature: "Had -these agreements been carried out, a very different state of feeling -would have existed in Kentucky. But, instead of carrying them out, -the most offensive and injurious modes were adopted to violate them." - -The next step taken by the Government of the United States in the -subversion of the government of Kentucky was the destruction of the -unalienable right of personal liberty of the citizens, which the -State was in duty bound to protect. The Union Governor of the State, -whose election was aided by the United States military officers, as -above stated, is the witness for the facts. In his message to the -Legislature of January, 1865, he says: - - "The gravest matter of military outrage has been, and yet is, the - arrest, imprisonment, and banishment of loyal citizens without a - hearing, and without even a knowledge of the charges against them. - There have been a number of this class of arrests, merely for - partisan political vengeance, and to force them to pay heavy sums to - purchase their liberation. How the spoils so infamously extorted are - divided, has not transpired to the public information. For partisan - political ends, General John B. Huston was arrested at midnight - preceding the election, and hurried off under circumstances of - shameful aggravation. He was, however, released in a few days; but - that does not atone for the criminality of his malicious arrest and - false imprisonment. The battle-scarred veteran, Colonel Frank - Wolford, whose name and loyal fame are part of his country's proudest - memories, and whose arrest for political vengeance should put a - nation's cheek to blush, is yet held in durance vile, without a - hearing and without an accusation, so far as he or his friends can - ascertain. - - "Lieutenant-Governor Jacobs, whose yet unclosed wounds were received - in battle for his country, was made a victim to partisan and personal - enmity, and hurried without a hearing and without any known - accusation through the rebel lines into Virginia. The action in this - case is in defiance of Federal and State Constitutions and laws, in - defiance of the laws of humanity and liberty, dishonors the cause of - our country, and degrades the military rank to the infamous uses of - partisan and personal vengeance. Other cases might be mentioned, but - these are selected because they are known to the whole country; the - acts of these men are part of the glorious history of loyal heroism." - -The next step in the progress of the subjugation of the State -government was taken by President Lincoln on July 5, 1864, when he -issued a proclamation establishing martial law throughout the State, -and the suspension of the writ of _habeas corpus_. Civil proceedings -were allowed to be continued, "which did not affect the military -operations or the constituted authorities of the Government of the -United States." Arrests of individuals by military force soon -commenced, and a large number of eminent Kentuckians of all -professions and pursuits were imprisoned. A group of persons, -consisting of judges, magistrates, wealthy merchants, and young -women, without having been allowed a hearing, or trial, or any -opportunity to vindicate themselves, were banished from the State. In -this destruction of the unalienable right of personal liberty, the -State government was passive; indeed, it was powerless to resist. - -A State election was to be held on the first Monday of August for -local officers and a Judge of the High Court of Appeals from one -district. Chief-Justice Duvall was one of the two candidates. On July -29th an order was issued by the Major-General, commanding, to the -sheriffs of the counties concerned, as follows: - - "You will not allow the name of Alvin Duvall to appear upon the - poll-books as a candidate for office at the coming election." - -Another name was substituted. The election of a President of the -United States was to be held in November, but the Government of the -United States seems to have regarded the vote of the State as -unnecessary to secure the reelection of its officials, and refrained -from interference. Under these circumstances, the Governor of the -State took courage and issued a proclamation to the election -officers. It is of no importance except as showing their powers and -duties, and how grossly they had neglected them at previous -elections. He said: - - "As no officer of any rank, from the President down, has any right or - authority to interfere with elections, no order to do so can legalize - the act. If there be sufficient power in the citizens present, at any - place where such interference may be attempted, to arrest the - offenders, and hold them over to answer to the violated laws, it will - be the duty of the sheriff to make the arrest in such case. He has - authority to require the aid of every citizen, and it should be - readily and promptly given, in defense of a common right--of a - blood-bought franchise. If the force employed to interfere with the - election be too great, at any place of voting, to be arrested, the - officers of election, in such case, should adjourn and not proceed - with the election. If you are unable to hold a free election, your - duty is to hold none at all." - -By enlistment, over twenty-two thousand of the most valuable slaves -in the State had gone into the service of the United States, and on -March 3, 1865, its Congress passed an act declaring that the wives -and children of all such soldiers should be free. But the final -moment was near at hand when the annihilation of more than one -hundred millions of property and the destruction of one of the most -important institutions of the State was to take place by one of those -fictions so peculiar to this administration of the Government of the -United States. That was the pretended adoption of a constitutional -amendment, prohibiting the existence of slavery in the United States. -When a whole people suffers itself to be cajoled in this -unaccountable manner by its unscrupulous rulers, it argues as little -regard for the fundamental law of the Union as for the rights of the -States. - -The subversion of the State government of Missouri by the Government -of the United States was more rapid and more desperate than in the -case of Kentucky. As previously stated, the Governor of the State, at -the commencement of the difficulties, proposed the most conciliatory -terms to the Government of the United States, which were rejected. He -then, like a Governor, sensible of his duty to protect the rights of -his people and of the sacred obligations of his official oath, issued -his proclamation calling into active service fifty thousand of the -State militia, "for the purpose of repelling invasion, and for the -protection of the lives, liberty, and property of the citizens." He -said: - - "A series of unprovoked and unparalleled outrages have been inflicted - upon the peace and dignity of this Commonwealth and upon the rights - and liberties of its people, by wicked and unprincipled men, - professing to act under the authority of the Government of the United - States; solemn enactments of your Legislature have been nullified; - your volunteer soldiers have been taken prisoners; your commerce with - your sister States has been suspended; your trade with your own - fellow-citizens has been and is subjected to the harassing control of - an armed soldiery; peaceful citizens have been imprisoned without - warrant of law; unoffending and defenseless men, women, and children - have been ruthlessly shot down and murdered; and other unbearable - indignities have been heaped upon your State and yourselves." - -The plea of the invader was contained in an order issued from -Washington to the commanding General in these words: - - "The President observes with concern that, notwithstanding the pledge - of the State authorities to coöperate in preserving the peace of - Missouri, loyal citizens in great numbers continue to be driven from - their homes. It is immaterial whether the outrages continue from - inactivity or indisposition on the part of the State authorities to - prevent them. It is enough that they continue, and it will devolve on - you the duty of putting a stop to them summarily by the force under - your command, to be aided by such troops as you may require from - Kansas, Iowa, and Illinois. . . . The authority of the United States - is paramount, and, whenever it is apparent that a movement, whether - by order of State authority or not, is hostile, you will not hesitate - to put it down." - -In this order the only pretext put forward is that of domestic -violence. But in that case the Constitution of the United States -gives no authority to the United States Government to interfere -except on the express conditions of an "application of the -Legislature, or of the Executive, when the Legislature can not be -convened." There had been no application of the Legislature or of the -Executive. On the contrary, the Governor of the State, like a brave -man, told the Executive of the United States to keep his hands off, -and to keep his military forces without the State, and he pledged -himself to preserve its peace and neutrality. But arguments or -pledges on the part of the victim have never yet stopped the progress -of the remorseless usurper. The subjugation of the State government -of Missouri to the will and designs of the Government at Washington -had been determined upon, and the sovereignty of the people was to be -crushed by troops from the sister States of Kansas, Iowa, and -Illinois. - -But the bravery of the Governor and the determination of the -Legislature caused the Government of the United States to depart from -its usually stealthy progress in the invasion of the State government -and the sovereignty of the people, and to adopt bolder measures. The -Governor was charged with purposes of treason and secession, for his -attempt faithfully to discharge the duties of a conscientious -Governor to the citizens. Says the commander of the United States -forces, in his proclamation: - - "The recent proclamation of Governor Jackson, by which he has set at - defiance the authorities of the United States and urged you to make - war upon them, is but a consummation of his treasonable purposes, - long indicated by his acts and expressed opinions, and now made - manifest." - -These are fine words to come from the satrap of a usurper who invades -a State of the Union without lawful permission or authority, with the -design to subvert its government and overthrow the sovereignty of its -people, and to be applied by him to the only Governor in the Northern -States who strove defiantly to protect the unalienable rights and -sovereignty of his constituents! - -Troops were now poured into the State by the Government of the United -States so rapidly as to render the successful opposition of the -lawful authorities impossible, and the control of a large portion of -the State was soon held by the military forces. The Governor, unable -to resist, retired to the southern part of the State. Meantime, the -State Convention, which had been called to consider the relations -between the Government of the United States and the State of -Missouri, and to adopt such measures for vindicating the sovereignty -of the State as were necessary, reassembled on the call of its -committee. Entirely forgetful of the objects for which the people had -called it together, it proceeded to declare the State offices vacant, -and to elect a provisional Governor and other officers entirely -subservient to the will and behests of the Administration at -Washington. The commanding General now declared martial law in the -State, and the emancipation of all slaves belonging to persons who -had taken an active part with us. This emancipation clause was soon -modified by the President as in advance of the times. - -The attention of the reader is called to the numerous usurpations and -violations of constitutional principles and of laws, by the -Government of the United States and its champions, contained in the -few lines of the preceding paragraph, viz.: the invasion with -military force, the expulsion of the lawful State authorities, the -assumption by the State Convention of unlawful powers, the election -and introduction of persons to offices not vacant, the abandonment of -all protection of the unalienable rights of the people, the -declaration of martial law without any authority for it, and the -attempt to emancipate the slaves in violation of every law and -constitutional principle. - -The severity of the Executive of the United States now began to be -felt by the citizens of the State. All disaffected persons were -silenced or arrested, prisoners of war were treated as criminals, and -every obstacle to complete subjugation to the will of the conqueror -sought to be removed. The State government was represented by a -provisional Governor; and a State Convention, that adjourned its -sessions from year to year, after dallying periodically with the -subject of the emancipation of the slaves, finally passed an -ordinance for that purpose, to take effect in 1870. This was not -immediate emancipation, so the disturbances were kept up in the State -until, at a session of the Legislature in February, 1864, a bill was -passed for a so-called State Convention to revise the State -Constitution, and the election of delegates in November. It is -remarkable how much the orders of the commanding General now -contained relative to disorderly persons. This was preparatory to the -occupation of the polls by the military force, and the exclusion of -all opposition voters. The delegates were elected, and the so-called -Convention assembled on January 6, 1865. An immediate emancipation -ordinance was passed, and the State organization was subjugated to do -the will of the usurper and to disregard the will of the sovereign -people. - - -[Footnote 81: Article V, amendment.] - -[Footnote 82: Article IV, amendment.] - -[Footnote 83: Article VIII, amendment.] - -[Footnote 84: Article I, amendment.] - -[Footnote 85: Article II, amendment.] - - - - -CHAPTER XLIV. - - Subjugation of the Northern States.--Humiliating Spectacle of New - York.--"Ringing of a Little Bell."--Seizure and Imprisonment of - Citizens.--Number seized.--Paper Safeguards of Liberty.--Other - Safeguards.--Suspension of the Writ of _Habeas Corpus_ absolutely - forbidden with One Exception.--How done.--Not able to authorize - another.--Abundant Protective Provisions in New York, but all - failed.--Case of Pierce Butler.--Arrest of Secretary Cameron.--The - President assumes the Responsibility of the Crime.--No Heed given to - the Writ of _Habeas Corpus_ issued by the Court.--The Governor - passive.--Words of Justice Nelson.--Prison overflowing.--How - relieved.--Oath required of Applicants for Relief.--Oath declined - by some.--Reasons.--Order forbidding the Employment of Counsel by - Prisoners.--Victims in almost Every Northern State.--Defeat at the - Elections.--Result.--Suit for Damages commenced.--Congress - interferes to protect the Guilty.--State Courts subjugated.--How - suspend _Habeas Corpus_.--Congress violates the Constitution.--What - was New York?--Writ suspended throughout the United States.-What is - "Loyalty"?--Military Domination.--Correspondence between General - Dix and Governor Seymour.--Seizure of Newspapers.--Governor orders - Arrest of Offenders.--Interference with the State Election.--Vote - of the Soldiers.--State Agents arrested.--Provost-Marshals - appointed in Every Northern State.--Their Duties.--Sustained by - Force.--Trials by Military Commission.--Trials at Washington.-- - Assassination of the President.--Trial of Henry Wirz.--Efforts to - implicate the Author.--Investigation of a Committee of Congress as - to Complicity in the Assassination.--Arrest, Trial, and Banishment - of Clement C. Vallandigham.--Assertions of Governor Seymour on the - Case. - - -Now follows the humiliating spectacle of the subjugation of the State -government of New York--the "Empire" State, as she calls herself-- -where, with all her men and treasures, it might have been supposed -that some stanch defenders of constitutional liberty would have -sprung up. On the contrary, under the pretext of "preserving the -Union," her deluded children aided to destroy the Constitution on -which the Union was founded, and put forth all their strength to -exalt the Government of the United States to supremacy. Thus the -States were brought to a condition of subjugation, and their -governments subverted from the protection of the rights for which -they were instituted. These unalienable rights of the people were -left without a protector or a shield before the crushing hand of the -usurper; the sovereignty of the people was set aside, and in its -place arose the sovereignty of the Government of the United States. -With the foundation undermined, the superstructure subverted, the -ends for which the Great Republic was organized entirely lost to -sight, and the true balance of the system destroyed, unless the -dormant virtue and love for their inherited rights shall arouse the -citizens to a vigorous effort to restore the republican institutions -and powers of the States, the emperors and kings of the earth have -only to await calmly the lapse of time to behold a fulfillment of -their evil prophecies in regard to the "Great Republic" of the world. - -To show how the laws were disregarded, and how despotically the -personal liberty of the citizen was invaded, let this example bear -witness: The Secretary of State at Washington, William H. Seward, a -favored son of the State of New York, would "ring a little bell," -which brought to him a messenger, to whom was given a secret order to -arrest and confine in Fort Lafayette a person designated. This order -was sent by telegraph to the United States Marshal of the district in -which would be found the person who was to be arrested. The arrest -being forcibly made by the marshal with armed attendants without even -the form of a warrant, the prisoner without the knowledge of any -charge against him was conveyed to Fort Hamilton and turned over to -the commandant. An aid with a guard of soldiers then conveyed him in -a boat to Fort Lafayette and delivered him to the keeper in charge, -who gave a receipt for the prisoner. He was then divested of any -weapons, money, valuables, or papers in his possession. His baggage -was opened and searched. A soldier then took him in charge to the -designated quarter, which was a portion of one of the casemates for -guns, lighted only from the port-hole, and occupied by seven or eight -other prisoners. All were subjected to prison fare. Some were -citizens of New York, and the others of different States. This manner -of imprisonment was subsequently put under the direction of the -Secretary of War, and continued at intervals until the close of the -war. - -In the brief period between July 1 and October 19, 1861, the -Secretary of State, William H, Seward, made such diligent use of his -"little bell," that one hundred and seventy-five of the most -respectable citizens of the country were consigned to imprisonment in -this Fort Lafayette, a strong fortress in the lower part of the -harbor of New York. A decent regard for the memory of the friend of -Washington, and for the services rendered to the colonies in their -struggle for independence, might have led Mr. Seward to select for -such base uses some other place than that which bore the honored name -of Lafayette. - -The American citizen has always, like the ancient Roman, felt that -his personal liberty was secure. He supposed himself to be surrounded -with numerous paper safeguards, which, together with the love of -justice and respect for law, common to his fellow-citizens, would be -sufficient for his protection against any usurper. These now proved -to be as weak as the paper upon which they were written. What were -these supposed safeguards? There was the Constitution of the State of -New York, an instrument for the protection and government of the -people. It had received the consent of the people of the State who -were governed by it, and therefore its powers were "just powers." Its -first object was to protect the unalienable rights of its citizens, -relative to which it contains various provisions in its Bill of -Rights: its declarations respecting personal liberty; its regulations -to secure and enforce the great writ of freemen, the _habeas corpus_; -the powers granted to the courts which it created; the Legislature; -the Executive, in whose hands was placed the richest purse and the -strongest sword of the sovereign States to protect the rights of its -citizens. - -Further safeguards were placed in the Constitution of the United -States. These were designed to restrain that Government from any -invasion of the citizen's personal liberty. They are as follows: - - "The right of the people to be secure in their persons . . . shall - not be violated, and no warrant shall issue but upon probable cause, - supported by oath, or affirmation, and particularly describing . . . - the persons to be seized." [86] - -Again: - - "No person shall . . . be deprived of life, liberty, or property, - without due process of law." [87] - -Again: - - "No person shall be held to answer for a capital or otherwise - infamous crime, unless on a presentment or indictment of a grand - jury." [88] - -Again: - - "In all criminal prosecutions the accused shall enjoy the right to a - speedy and public trial, by an impartial jury of the State and - district wherein the crime shall have been committed, and to be - informed of the nature and cause of the accusation; to be confronted - with the witnesses against him; to have compulsory process for - obtaining witnesses in his favor, and to have the assistance of - counsel for his defense." [89] - -Among the enumerated powers of Congress is the following clause: - - "The privilege of the writ of _habeas corpus_ shall not be suspended, - unless when in cases of rebellion or invasion the public safety may - require." [90] - -This clause first forbids the suspension of the writ absolutely. A -single exception is then made by the words "unless the public safety -may require." A condition is attached to this exception which still -farther limits it, by the words "in cases of rebellion or invasion." -There is still another and far more sweeping limitation attached to -this clause. The writ must be suspended by an act of Congress, which -can be passed only when Congress is in session. This suspension must -be positive and absolute by Congress, not indefinite and dependent on -any future contingency. For the acts of Congress are not absolute -powers, if between enactment and enforcement they can be set aside by -a contingency, unless such contingency was attached in the clause of -the grant creating the power. But in these words, of the Constitution -there is no contingency expressed. Congress alone by positive -enactment can suspend the writ of _habeas corpus_. It can not -authorize the President to suspend its force, nor has he any -authority under the Constitution to do it. Neither can Congress make -an intermittent suspension of the force of the writ; but it must be -absolute under the specific condition. - -It is evident that the citizen of New York was abundantly provided -with the safeguards of personal liberty; yet they all proved to be of -no avail to secure and enforce his right in the hour of trial. A few -instances will afford an illustration of the facts. Mr. Pierce Butler -was suspected of corresponding with persons in the Confederate -States. He was arrested in Philadelphia on August 19, 1861, by order -of Simon Cameron, then Secretary of War, without process of law and -without any assigned cause. His trunks and drawers, wardrobe, and -entire apartments were searched, and his private papers taken by the -marshal and his four assistants. His office was also examined, and -his books and papers taken, and within an hour he was on his way to -Fort Lafayette with an armed guard. After five weeks of detention he -was liberated. No reason was given for his discharge any more than -for his arrest. As Mr. Cameron was about to sail as Minister to -Russia, in January ensuing, he was arrested for assault and battery -and false imprisonment, at the suit of Mr. Butler. The case was -brought to the knowledge of the President of the United States, and -on April 18, 1862, the Secretary of State, Seward, replied as follows: - - "The communication has been submitted to the President, and I am - directed by him to say in reply that he avows the proceeding of Mr. - Cameron referred to as one taken by him when Secretary of War, under - the President's directions, and deemed necessary for the prompt - suppression of the existing rebellion." - -The writ of _habeas corpus_ was issued by some of the State courts, -directing the officer in command at the fort to bring some one or -other of the prisoners into court for an investigation of the cause -and authority for his detention. But no attention was given to these -writs by the officer. Neither did the Governor of the State make any -effort to enforce the processes of the courts. He, perhaps, expected -that his efforts might be resisted by an overpowering force. But -expectations, of whatsoever nature, do not justify or excuse the -neglect of a positive duty. It is through such weaknesses that the -liberties of mankind have been too often lost. - -Thus the Constitution, the laws, the courts, the Executive of the -State of New York, were subverted, turned aside from the end for -which they were instituted, and all the specific arrangements were of -no avail to secure this guaranteed right of its citizens. Probably -every one of the prisoners was entirely innocent of any act whatever -that was criminal under the laws, either of the State or of the -United States. - -In opinion they were opposed to the military proceedings of the -Government of the United States; and these opinions they had -expressed, which liberty is a part of the birthright of freemen. -Indeed, Judge Nelson, of the Supreme Court of the United States, in -the Circuit of New York, in an opinion delivered about this time, -thus expressed himself: - - "Words, oral, written, or printed, however treasonable, seditious, or - criminal of themselves, do not constitute an overt act of treason - within the definition of the crime. When spoken, written, or printed, - in relation to an act or acts which, if committed with a treasonable - design, might constitute such overt act, they are admissible as - evidence, tending to characterize it and show the intent with which - the act was committed." - -Finally, the prison in New York Harbor became so full that many -prisoners were sent to Fort Warren in the harbor of Boston. At this -time the Government of the United States used the Old Capitol at -Washington, Fort McHenry of Baltimore, Fort Lafayette at New York, -and Fort Warren at Boston, for the confinement of those whom the -usurper designated as "state prisoners." Still further to relieve the -fullness of the prisons, two men, John A. Dix, of the army, and -Edwards Pierrepont, of civil life, were sent to investigate the cases -of the prisoners, and release some who were willing to take an "oath -of allegiance." Next it was made a condition precedent to an -investigation that the said oath should be taken by the prisoner. As -an instance, this proposal was made to two persons named Flanders, -citizens of the interior of New York. The oath was as follows: - - "I do solemnly swear that I will support, protect, and defend the - Constitution and Government of the United States against all enemies, - whether domestic or foreign, and that I will bear true faith, - allegiance, and loyalty to the same, any ordinance, resolution, or - law of any State Convention, or Legislature, to the contrary - notwithstanding; and, farther, that I do this with a full - determination, pledge, and purpose, without any mental reservation or - evasion whatsoever; and, further, that I will well and faithfully - perform all the duties which may be required of me by law." - -These persons declined to take the prescribed oath. The reasons which -they gave for this refusal furnish painful evidence of the extreme -subjugation of the government of the State of New York, and its -silent submission to the arbitrary and unconstitutional acts of the -Government of the United States, even at the sacrifice of the most -sacred rights of freemen. They said: - - "We have been guilty of no offense against the laws of our country, - but have simply exercised our constitutional rights as free citizens - in the open and manly expression of our opinions upon public affairs. - We have been placed here without legal charges, or, indeed, any - charges whatsoever being made against us, and upon no legal process, - but upon an arbitrary and illegal order of the Hon. William H. - Seward, Secretary of State of the United States. Every moment of our - detention here is a denial of our most sacred rights. We are entitled - to and hereby demand an unconditional discharge; and, while we could - cheerfully take the oath prescribed by the Constitution of the United - States, because we are, always have been, and ever intend to be loyal - to that instrument (though at the same time protesting against the - right of the Government to impose even such oath upon us as the - condition of our discharge), we can not consent to take the oath now - required of us, because we hold no office of any kind under the - Government of the United States, and it is an oath unknown to and - unauthorized by the Constitution, and commits us to the support of - the Government though it may be acting in direct conflict with the - Constitution, and deprives us of the right of freely discussing, and - by peaceful and constitutional methods opposing its measures--a - right which is sacred to freedom, and which no American citizen - should voluntarily surrender. That such is the interpretation put - upon this oath by the Government, and such its intended effect is - plainly demonstrated by the fact that it is dictated to this as a - condition of our release from an imprisonment inflicted upon us for - do other cause than that we have exercised the above-specified - constitutional rights." - -One important fact which illustrates the flagrant outrage committed -on all these prisoners should not be omitted. The Constitution of the -United States declares as follows: - - "In all criminal prosecutions, the accused shall enjoy the right . . . - to have the assistance of counsel for his defense." - -On December 3, 1861, the commanding officer at Fort Lafayette came to -the prisoners' quarters, and read a document, of which the following -is a copy: - - "_To the political prisoners in Fort Lafayette:_ - - "I am instructed by the Secretary of State to inform you that the - Department of State of the United States will not recognize any one - as an attorney for political prisoners, and will look with distrust - upon all applications for release through such channels; and that - such applications will be regarded as additional reasons for - declining to release the prisoners. - - "And, further, that if such prisoners wish to make any communication - to the Government, they are at liberty to make it directly to the - State Department. - - "SETH C. HAWLEY." - -Space will not permit me further to notice the instances of this -immense class of cases. In almost every Northern State the victims of -this violence were to be found. That there was no just cause for -these invasions of the rights of the States, and of the citizens, was -demonstrated in the most decisive manner. At this time (November 4, -1862) the friends of the Administration of the United States -Government were decisively defeated at the elections. On November 22d -ensuing, the War Department issued an order releasing all except -prisoners of war. The order was muffled up in a phraseology suited to -hide from the observation of the people that the result of the -elections had stricken home to the sensibilities of the usurpers. It -said: - - "_Ordered_--1. That all persons now in military custody, who have - been arrested for discouraging volunteer enlistments, opposing the - draft,[91] or for otherwise giving aid and comfort to the enemy, in - States where the draft has been made or the quota of volunteers and - militia has been furnished, shall be discharged from further military - restraint." - -Thus these arrests were for a short period suspended, and then -vigorously renewed. - -Many of these persons who had been illegally seized and imprisoned -now commenced suits for damages. This led to another step on the part -of the Government of the United States, by which the judiciary of the -State was entirely subverted and deprived of all jurisdiction in -these cases. Congress passed an act on March 3, 1863, which provided -that any order of the President of the United States, or arrest made -under his authority, when pleaded, should be a defense, in all -courts, to any action or prosecution for any search, seizure, arrest, -or imprisonment made, done, or committed, or any acts omitted to be -done, under or by virtue of such order, or under color of any law of -Congress. The act further provided that all actions against officers -and others for torts in arrests might be removed for trial to the -next Circuit Court of the United States held in the district, and -said: - - "It shall then be the duty of the State court to accept the surety - and proceed no further in the cause or prosecution, and the bail that - shall have been originally taken shall be discharged." - -It will be noticed that by the terms of this act the case could be -removed to the Circuit Court when the defendant "filed a petition -stating the facts verified by affidavit." Thus the jurisdiction of -all the courts of the State of New York was made to terminate and -cease upon the simple word of the defendant accompanied by an -affidavit. But these courts were instituted by the consent of the -governed, for the protection of the personal freedom of the citizen; -yet in the cases brought before them they ordered the removal on the -ground that they involved the question of the constitutionality of an -act of Congress, over which the courts of the United States had a -jurisdiction. The absurdity of this plea is manifest; for it is -founded on the presumption that the question, whether, under -authority from the President of the United States, any one, without -intervention of the judicial tribunals, can incarcerate a citizen, is -a question which can be treated as constituting a case arising under -the Constitution of the United States. Any statute authorizing such -acts is palpably void, and not entitled to be a ground for a bearing -under an appeal. - -The subjugation of the government of the State of New York was made -in another section of the same act of Congress of March 3, 1863. It -declares: - - "That, during the present rebellion, the President of the United - States, whenever in his judgment the public safety may require it, is - authorized to suspend the privilege of the writ of _habeas corpus_ in - any case throughout the United States, or any part thereof." - -Let us turn to the words of the Constitution of the United States -which are contained in the grant of powers to Congress: - - "The privilege of the writ of _habeas corpus_ shall not be suspended, - unless when in cases of rebellion or invasion the public safety may - require it." - -It will be seen that two facts are required to exist before the -Congress of the United States can suspend the privilege of this writ. -Congress must, therefore, determine the existence of these facts -before it has power constitutionally to act. If it finds either fact -to exist and not the other, it has no power to suspend the privilege -of the writ. There must be rebellion, and the public safety must -require the suspension. When Congress finds these facts to exist, it -can enact the suspension. It is the judgment of Congress alone that -can determine that the public safety requires the suspension. This -can not be delegated to the judgment of any other department of the -Government. Therefore, when Congress tells the President, in the -above-mentioned act, that he is authorized to suspend the privilege -of this writ whenever, in his judgment, the public safety may require -it, then that body undertakes to do that for which it has no -authority in the Constitution. The States delegated the power solely -to Congress; an act to transfer the trust to any other depository -could rightfully have no force whatever. - -Now, the State of New York, in which this writ was thus suspended by -the Government of the United States, was one of the Northern States -and a most ardent advocate of the Union. It had contributed more men -and money to support the Government of the United States than any -other State, and than some whole sections of States. Peace reigned -throughout all its borders. Yet, in this quiet and "loyal" State, -whose people had given so freely to aid the Government of the United -States, a claim was now set up to the right to nullify the rights and -immunities of every citizen, by that Government which had already -nullified the powers of every court in the State. This was done by -the declaration of the President that "the public safety" required -the suspension of the privilege of the writ of _habeas corpus_. - -The act of Congress was passed on March 3, 1863, and on September -15th the President issued his proclamation, and, referring to the -authority claimed to have been granted by the act, he proceeded to -say: - - "_Whereas_, In the judgment of the President, the public safety does - require that the privilege of said writ shall now be suspended - throughout the United States, in cases where, by the authority of the - President of the United States, military, naval, and civil officers - of the United States, or either of them, hold persons under their - custody, either as prisoners of war, spies, or aiders or abettors of - the enemy, or officers, soldiers, or seamen, enrolled, drafted, or - mustered, or enlisted in, or belonging to, the land or naval forces - of the United States, or as deserters therefrom, or otherwise - amenable to military law, or to the rules or articles of war, or the - rules and regulations prescribed for military and naval service by - the authority of the President of the United States, or for resisting - a draft, or for any other offense against the military or naval - service: Therefore I do hereby proclaim and make known that the - privilege of the writ of _habeas corpus_ is suspended throughout the - United States in the several cases before mentioned throughout the - duration of said rebellion." - -No autocrat ever issued an edict more destructive of the natural -right to personal liberty. Not only was the State government of New -York deprived of the power to fulfill its obligations to protect and -preserve this right of its citizens, but every State government of -the Northern States was in like manner subverted. The only -distinction known among the citizens was that established by the -Government of the United States in answer to the question applied to -each one, "Is he loyal or disloyal?" The only test of loyalty was -based on submission, and, as usual in such cases, the most abject in -spirit were the most loyal to the usurper. Ail those liberties of -conduct and action which stamp the true freeman everywhere throughout -the world disappeared; and the suppressed voice, the apprehensive -look, and the cautious movements were substituted for the free -speech, the open brow, and fearless tread which had characterized the -American. - -Another step in the subjugation of the government of the State of New -York was made by the domination over it of the military power of the -Government of the United States. This took place in a time of peace -in the State, when the courts were all open and the civil -administration of affairs was unobstructed. On July 30, 1863, the -United States commanding General of that department addressed a -letter to Governor Seymour, saying: - - "As the draft under the act of Congress of March 3, 1863, for - enrolling and calling out the national forces, will probably be - resumed in this city (New York) at an early day, I am desirous of - knowing whether the military power of the State may be relied on to - enforce the execution of the law, in case of forcible resistance to - it. I am very anxious there should be perfect harmony of action - between the Federal Government and that of the State of New York; and - if, under your authority to see the laws faithfully executed, I can - feel assured that the act referred to will be enforced, I need not - ask the War Department to put at my disposal, for the purpose, troops - in the service of the United States." - -Governor Seymour replied on August 3d: - - "I have this day sent to the President of the United States a - communication in relation to the draft in this State. I believe his - answer will relieve you and me from the painful questions growing out - of an armed enforcement of the conscription law in this patriotic - State, which has contributed so largely and freely to the support of - the national cause during the existing war." - -On August 8th General Dix writes again: - - "It is my duty, as commanding officer of the troops in the service of - the United States in this department, if called on by the enrolling - officers, to aid them in resisting forcible opposition to the - execution of the law; and it is from an earnest desire to avoid the - necessity of employing for the purpose any of my forces, which have - been placed here to garrison the forts and protect the public - property, that I wished to see the draft enforced by the military - power of the State, in case of armed or organized resistance to - it. . . . I designed, if your coöperation could not be relied on, - to ask the General Government for a force which should be adequate - to insure the execution of the law and to meet any emergency growing - out of it." - -Meantime Governor Seymour received no answer to his letter to the -President. He had asked for a suspension of the draft, on the ground -that the enrollments in the city were excessive as compared with -other portions of the State, and that due credit was not given for -the past. He therefore replied to General Dix, saying: - - "As you state in your letter that it is your duty to enforce the act - of Congress, and, as you apprehend its provisions may excite popular - resistance, it is proposed you should know the position which will be - held by the State authorities. Of course, under no circumstances, can - they perform duties expressly confided to others, nor can they - undertake to relieve others from their proper responsibilities. But - there can be no violations of good order, or riotous proceedings, no - disturbances of the public peace, which are not infractions of the - laws of the State; and those laws will be enforced under all - circumstances. I shall take care that all the executive officers of - this State perform their duties vigorously and thoroughly, and, if - need be, the military power will be called into requisition. As you - are an officer of the General Government, and not of the State, it - does not become me to make suggestions to you with regard to your - action under a law of Congress. You will, of course, be governed by - your instructions and your own views of duty." - -On August 18th General Dix thus wrote to the Governor: - - "Not having received an answer from you, I applied to the Secretary - of War on the 14th inst. for a force adequate to the object. The call - was promptly responded to, and I shall be ready to meet all - opposition to the draft." - -The force sent by the Secretary of War, to keep the peace and -subjugate the sovereignty of the people, amounted to forty-two -regiments and two batteries. There was no occasion for the exertion -of their powers, but the wrong to the State of New York was none the -less gross. - -Again, the subjugation of the government of the State of New York by -the domination of the military power was made still more manifest by -another act on the part of the Government of the United States. A -spurious proclamation, seeming to have been issued by the President, -calling for four hundred thousand men, by a fraudulent imposition -appeared in two papers of New York City (the "Journal of Commerce" -and the "World") on the morning of May 18, 1864. It was immediately -contradicted by the authorities at Washington, and orders were -issued, under which the offices of these papers were entered by armed -men, the property of the owners seized, the premises held by force -for several days, and the publications suspended. At the same time -the office of the independent telegraph line was occupied by a -military force in the name of the Government of the United States. -The operators were taken into custody, and the proprietors of the -newspapers were ordered to be arrested and imprisoned. But these -orders were suspended. - -Governor Seymour immediately instructed the District Attorney to -proceed against the offenders, saying: - - "In the month of July last, when New York was a scene of violence, I - gave warning that 'the laws of the State must be enforced, its peace - and order maintained, and the property of its citizens protected at - every hazard.' The laws were enforced at a fearful cost of blood and - life. The declaration I then made was not intended merely for that - occasion, or against any class of men. It is one of an enduring - character, to be asserted at all times, and against all conditions of - citizens without favor or distinction. Unless all are made to bow to - the law, it will be respected by none. Unless all are made secure in - their rights of person and property, none can be protected." - -An investigation was made by one of the city judges, and warrants -were issued for the arrest of Major-General Dix and several of his -officers. They voluntarily appeared by counsel on July 6th, and the -argument was set down for the 9th. On that day the counsel for the -defense said: - - "Since this warrant was issued, the President of the United States - has issued another order to General Dix, which directs him that, - while this civil war lasts, he 'must not relieve himself from his - command, or be deprived of his liberty to obey any order of a - military nature which the President of the United States directs him - to execute.'" - -The result of the arguments was that the officers were held to await -the action of the grand jury, who, however, took no action on the -charges. The guilty person was arrested in two or three days after -the appearance of the proclamation, and imprisoned in Fort Lafayette; -the newspaper and telegraph offices were restored to the owners, and -the publications resumed. But the government of New York never -obtained any indemnification of these losses by its citizens. - -Another subversion of the State government was brought about by the -military interference on the part of the Government of the United -States with the State election. This was in 1864, when President -Lincoln and General McClellan were the candidates for the Presidency -of the United States. As usual, in all these cases, proceedings to -work up a pretended necessity for interference on the part of the -United States Government were commenced by the appearance of a -grandiloquent proclamation from the commanding General, Dix, telling -what horrible designs, there was reason to believe, the agents of the -Confederate States in Canada had prepared to be executed on -election-day, by an invasion of voters from Canada to colonize -different points. Therefore, to avert these dreadful dangers and -arrest the guilty parties, it was necessary that provost-marshals, -sustained by a military force, should be present with authority at -the polls. At the same time the State Department issued a dispatch, -saying: - - "Information has been received from the British provinces to the - effect that there is a conspiracy on foot to set fire to the - principal cities in the Northern States on the day of the - Presidential election." - -Thus was created an apparent necessity for the military force to be -very active on the day of election. Governor Seymour issued a -proclamation, saying: - - "There is no reason to doubt that the coming election will be - conducted with the usual quiet and order." - -Major-General Butler was sent to take command in the city, and seven -thousand additional men were placed in the forts of the harbor, and -proclamations were issued, threatening, by the United States -Government, the severest punishment upon every person who might -attempt improperly to vote at the election in the State of New York. - -The State Legislature, at its previous session, had passed an act to -provide for the vote of the soldiers in the field, to be taken -previous to the day of election. Agents were appointed by the State -government, to the localities where the soldiers were stationed, to -receive the votes. The informers of the United States Government -immediately brought charges of fraud against some of these agents, -and they were seized by the military authorities, sent to Washington, -cast into prison, and held to be tried by a military commission. The -Governor of New York immediately appointed Amasa J. Parker and two -other most respectable citizens as commissioners, to proceed to -Washington in behalf of the State and investigate the difficulties. -They informed the Governor that several hundred ballots, which had -been seized, were given up, and that they visited the principal agent -of the State of New York in his prison, through the permission of -Edwin M. Stanton, Secretary of War. They reported thus: - - "The undersigned availed themselves of the permit granted them to - visit Colonel North, M. M. Jones, and Levi Cohn. They found them in - the 'Carroll Prison,' in close confinement. They then learned that - Messrs. North and Cohn had been confined together in one room, and - had not been permitted to leave it for a moment during the four days - they had been prisoners, even for the purposes of answering the calls - of nature. They had been supplied with meager and coarse - prison-rations, to be eaten in their room, where they constantly - breathed the foul atmosphere arising from the standing odor. They had - no vessel out of which to drink water, except the one furnished them - for the purpose of urination. They had but one chair, and had slept - three of the nights of their confinement upon a sack of straw upon - the floor. They had not been permitted to see a newspaper, and were - ignorant of the cause of their arrest. All communication between them - and the outer world had been denied them, and no friend had been - allowed to see them. The undersigned complained to the acting - superintendent, who seemed humanely disposed, but justified his - course by the prison rules and the instructions of his superiors." - -The commissioners further say: - - "From the best investigation the undersigned have been able to make, - though there may have been irregularities, they have found no - evidence that any frauds, either against any elector or the elective - franchise, have been committed by any person connected with the New - York agency." - -The commissioners then addressed a communication to the Secretary of -War. A few extracts from this communication will show how utter was -the subversion of the authority of the government of the State of New -York. They say: - - "They, North, Cohn, and Jones, were not in the military or naval - service of the United States, and by no law of which we are aware - were they subject to the martial and military laws of the United - States, or to the orders of the War Department. . . . The charges, so - far as we can learn, are not for the violation of any law of the - United States, but relate to acts purporting to have been done under - the law of the State of New York concerning elections, and making - provisions for soldiers voting in that State; it being claimed that - certain irregularities hare intervened which give reason to suspect - that frauds and forgeries are intended, and may be consummated. These - suspected and anticipated frauds have respect solely to the election - laws of the State of New York, and the action of the Government in - making the arrest is claimed to be justified upon the ground that, - unless thus prevented, frauds will be perpetrated against the - ballot-box at the approaching election in the State of New York. We - beg leave, in behalf of the State, respectfully to protest against - this jurisdiction, assumed as well over the alleged offense as over - the persons of the accused, who are citizens of the State, in its - employ, and entitled to its protection. The proper business of the - State agency is greatly interfered with by the arrest and detention - of the agents, and the State is deprived of its proper jurisdiction - over its agents and citizens, over offenses against its laws, and - over its own ballot-box and the exercise of the elective franchise - within its limits." - -The demands made by the State of New York through these commissioners -were refused. The persons arrested were finally tried before a -military commission, clearly without jurisdiction, in violation of -their personal rights, and in usurpation of the just powers of the -State. They were, however, acquitted and discharged, glad to get off -no worse. - -The proposed limits will not permit me further to present the details -relative to the subjugation of the State government of New York by -the Government of the United States. Neither can space be spared to -relate the details of the subjugation of the government of each -Northern State. In many the events were similar to those in New York; -in others they arose under dissimilar circumstances; but, in all, the -sovereignty of the people was entirely disregarded, and the operation -of the institutions which had been established for the protection of -their rights was suspended, or nullified, by a military force of the -Government of the United States. Only such events, therefore, can be -stated as serve to show how universal and how complete was the work -done by the United States Government to secure a recognition of its -supremacy, over not only acts but even words, from every citizen. All -were its subjects; the "loyal," as some were called, were its -friends, and could be trusted; the "disloyal" were its disaffected -subjects, and must be watched by spies and informers, and, if -necessary, put in prison to secure their passive submission. - -A military domination was established in all of the Northern States, -under the pretext of securing the arrest of deserters from the army. -This was accomplished on September 24, 1862, by the appointment of a -Provost-Marshal-General of the War Department at Washington, and in -each State one or more special provost-marshals, who were required to -report to and receive instructions from the Provost-Marshal-General. -It was made the duty of the special marshals-- - - "To arrest all deserters, whether regulars, volunteers, or militia, - and send them to the nearest military commander or military post, - where they can be cared for and sent to their respective regiments; - to arrest, upon the warrant of the Judge Advocate, all disloyal - persons subject to arrest under the orders of the War Department; to - inquire into and report treasonable practices, seize stolen or - embezzled property of the Government, detect spies of the enemy, and - perform such other duties as may be enjoined on them by the War - Department." - -To enable these marshals to perform their duties efficiently, they -were authorized to call on any available military force within their -respective districts, or else to employ the assistance of citizens, -constables, sheriffs, or police officers, so far as might be -necessary. No trial was allowed to any person thus arrested except -before a military commission consisting of military officers -designated for the purpose; the prosecutor was the Judge Advocate, -and the punishments were exemplary, unusual, and too often such as -were unknown to the laws. The State governments within whose domains -the courts were open, the civil institutions in quiet operation, and -the transactions of peaceful life uniform and constant, were -powerless to protect their citizens in their unalienable rights of -freedom of speech and personal liberty, and the mandates of their -courts were treated with contempt. In utter disregard of the -principles of civil liberty, a military control was established in -every Northern State, the declarations of rights in their -Constitutions were violated, their laws nullified, and the authority -of their governments subverted by an absolute and direct usurpation -on the part of the Government of the United States. - -The country was tilled with horror during 1865 by two trials held -before a military commission in the city of Washington. The first -commenced on May 13th, and ended on June 29th. The specification -was-- - - "That David E. Harold, Edward Spangler, Lewis Payne, John H. Surratt, - Michael O'Loughlin, Samuel Arnold, George A. Atzerott, Samuel A. - Mudd, and Mary E. Surratt, did on April 15, 1865, combine, - confederate, and conspire together to murder President Abraham - Lincoln, Vice-President Andrew Johnson, Lieutenant-General U. S. - Grant, and Secretary of State William H. Seward." - -President Lincoln had been shot, and Secretary Seward was badly -wounded with a knife. The others were uninjured. - -The sentence of the commission was that David E. Harold, G. A. -Atzerott, Lewis Payne, and Mary E. Surratt, be hanged by the proper -military authority, under the direction of the Secretary of War, on -July 7, 1865. The others were sentenced to imprisonment at hard labor -for a term of years or for life. With only one day's delay, the -sentences were carried into execution. John H. Surratt escaped before -trial. He was sought for by the spies of the War Department half -round the world, and after a long time was found serving as a soldier -in the corps of Papal Zouaves at Rome. He was brought back to -Washington, tried, and acquitted. - -The insertion of my name with those of others, honorable gentlemen, -as "inciting and encouraging" these acts, served as an exhibition of -the malignant spirit with which justice was administered by the -authorities in Washington at that time. The case of Mrs. Surratt, at -whose house some of these persons had boarded, awakened much -sympathy. She was spoken of by her counsel, Reverdy Johnson, of -Maryland, as "a devout Christian, ever kind, affectionate, and -charitable," which was confirmed by evidence and uncontradicted. On -the day of the execution, her daughter, who was quite a devoted and -affectionate person, sought to obtain an audience with President -Johnson to implore at least a brief suspension of the sentence of her -mother. She was obstructed and prevented from seeing the President by -ex-Senator Preston King, of New York, and Senator James H. Lane, of -Kansas, who were reported to have been at the Executive Mansion to -keep guard over President Johnson. Each of these Senators at a later -period committed suicide. - -The trial of Major Henry Wirz was the next in importance which came -before a military commission. In April, 1865, President Johnson -issued a proclamation, stating that, from evidence in possession of -the "Bureau of Military Justice," it appeared that I, Jefferson -Davis, was implicated in the assassination of President Lincoln, and -for that reason he offered a reward of one hundred thousand dollars -for my capture. That testimony was subsequently found to be entirely -false, having been a mere fabrication. The manner in which this was -done will be presently stated. Meantime, certain persons of influence -and public position at that time, either aware of the fabricated -character of this testimony or convinced of its insufficiency to -secure my conviction on a trial, sought to find ample material to -supply this deficiency, in the great mortality of the soldiers we had -captured during the war and imprisoned at Andersonville.[92] - -Orders were therefore issued by the authorities of the United States -Government to arrest a subaltern officer, Captain Henry Wirz, a -foreigner by birth, poor, friendless, and wounded, and held as a -prisoner of war. He had been included in the surrender of General J. -E. Johnston. On May 7th he was placed in the "Old Capitol" Prison at -Washington. The poor man was doomed before he was heard, and the -permission to be heard according to law was denied him. Captain Wirz -had been in command at the Confederate prison at Andersonville. The -first charge alleged against him was that of conspiring with myself, -Secretary Seddon, General Howell Cobb, General Winder, and others, to -cause the death of thousands of the prisoners through cruelty, etc. -The second charge was alleged against himself for murder in violation -of the laws and customs of war. - -The military commission before which he was tried was convened by an -order of President Johnson, of August 19th, directing the officers -detailed for that purpose to meet as a special military commission on -August 20th, for the trial of such prisoners as might be brought -before it. The commission convened, and Wirz was arraigned on the -charges above mentioned, and pleaded not guilty. At the suggestion of -the Judge Advocate, Joseph Holt, he was remanded to prison and the -court adjourned. The so-called trial afterward came on, and lasted -for three months, but no evidence whatsoever was produced showing the -existence of such a conspiracy as had been charged. Wirz was, -however, pronounced guilty, and, in accordance with the sentence of -the commission, he was executed on November 10, 1865. - -On April 4, 1867, Mr. Louis Schade, of Washington, and the attorney -for Wirz on the trial, in compliance with the request of Wirz so to -do, as soon as the times should be propitious, published a -vindication of his character. The following is an extract from this -publication: - - "On the night previous to the execution of the prisoner, some parties - came to the confessor of Wirz (Rev. Father Boyle) and also to me. One - of them informed me that a high Cabinet officer wished to assure Wirz - that, if he would implicate Jefferson Davis with the atrocities - committed at Andersonville, his sentence should be commuted. He (the - messenger, whoever he was) requested me to inform Wirz of this. In - presence of Father Boyle, I told him next morning what had happened. - The Captain simply and quietly replied: 'Mr. Schade, you know that I - have always told you that I do not know anything about Jefferson - Davis. He had no connection with me as to what was done at - Andersonville. If I knew anything of him, I would not become a - traitor against him or anybody else to save my life.' Thus ended the - attempt to suborn Captain Wirz against Jefferson Davis." - -The following is an extract from a letter of Captain C. B. Winder to -Mrs. Davis, dated Eastern Shore of Virginia, January 9, 1867: - - "The door of the room which I occupied while in confinement at the - Old Capitol Prison, Washington, was immediately opposite Captain - Wirz's door--both of which were occasionally open. About two days - before Captain Wirz's execution, I saw three or four men pass into - his room, and, upon their coming out, Captain Wirz told me that they - had given him assurances that his life would be spared and his - liberty given to him if he (Wirz) could give any testimony that would - reflect upon Mr. Davis or implicate him directly or indirectly with - the condition and treatment of prisoners of war, _as charged_ by the - United States authorities; that he indignantly spurned these - propositions, and assured them that, never having been acquainted - with Mr. Davis, either officially, personally, or socially, it was - utterly impossible that he should know anything against him, and that - the offer of his life, dear as the boon might be, could not purchase - him to treason and treachery to the South and his friend." - -The following letter is from the Rev. Father F. E. Boyle, of -Washington: - - "WASHINGTON, D. C., _October 10, 1880._ - - "Hon. JEFFERSON DAVIS. - - "DEAR SIR: . . . I know that, on the evening before the day of the - execution of Major Wirz, a man visited me, on the part of a Cabinet - officer, to inform me that Major Wirz would be pardoned if he would - implicate Jefferson Davis in the cruelties of Andersonville. No names - were given by this messenger, and, upon my refusal to take any action - in the matter, he went to Mr. Louis Schade, counsel for Major Wirz, - with the same purpose and with a like result. - - "When I visited Major Wirz the next morning, he told me that the same - proposal had been made to him, and had been rejected with scorn. The - Major was very indignant, and said that, while he was innocent of the - cruel charges for which he was about to suffer death, he would not - purchase his liberty by perjury and a crime, such as was made the - condition of his freedom. I attended the Major to the scaffold, and - he died in the peace of God, and praying for his enemies. I know he - was indeed innocent of all the cruel charges on which his life was - sworn away, and I was edified by the Christian spirit in which he - submitted to his persecutors. Yours very truly, - - "F. E. BOYLE." - -In the other case of the fabrication of evidence by some of the -authorities in Washington relative to myself, it will be sufficient -here to present what others have said and done. The subject is -noticed in these pages only to show the desperate extremities to -which the agents of the Government of the United States proceeded in -order to compass my ignominious death. Three principal measures were -resorted to for the accomplishment of this object: the charge in the -case of Wirz, above mentioned; the fabrications in the case now under -consideration; and the cruel and inhuman treatment inflicted upon me -while a prisoner in Fortress Monroe. - -At the session of Congress of 1865-'66, a committee was appointed in -the House of Representatives "to inquire into and report upon the -alleged complicity of Jefferson Davis with the assassination of the -late President Lincoln," or words to that effect. George S. Boutwell -was chairman of the committee, and the majority of the members were -extreme advocates of the war. The charge emanated from the "Bureau of -Military Justice," as it was designated--a similar institution to -the "Secret Committee" of the French Revolution. Of this institution -Judge-Advocate Joseph Holt was the chief. After an investigation -continuing through several months, a majority of the committee made -their report to Congress. - - "That report not only failed to establish the charge, but the - committee were forced to confess in it that the witnesses, on whose - testimony Holt had affected to rely, were wholly untrustworthy. - Shortly after this report was presented to the House, Mr. A. J. - Rogers, of the committee, a very respectable member from New Jersey, - made a minority report. He asserted that much of the evidence was - altogether suppressed, and that the witnesses, who had received large - sums of money from Holt for testifying to the criminality of Mr. - Davis, recanted their evidence before the committee, and acknowledged - that they had perjured themselves by testifying to a mass of - falsehoods; that they had been tutored to do so by one S. Conover; - and that, from him down through all the miserable list, the very - names under which these hired informers were known to the public were - as false as the narratives to which they had sworn." [93] - -Much more might be added to show the evil purpose of these men, -together with the correspondence of Holt and his associates, but it -would be out of place if it was put in these pages. - -Another case of this kind occurred in the State of Ohio, in April, -1863, in the arrest, trial, and banishment of Clement L. -Vallandigham. On April 13th Major-General Ambrose E. Burnside, -commanding the Department, issued an order, declaring-- - - "That, hereafter, all persons found within our lines who commit acts - for the benefit of the enemies of our country will be tried as spies - or traitors, and, if convicted, will suffer death." (The different - classes of persons were then named in the order.) "The habit of - declaring sympathies for the enemy will no longer be tolerated in - this department. Persons committing such offenses will be at once - arrested, with a view to being tried as above stated, or sent beyond - our lines into the lines of their friends. It must be distinctly - understood that treason, expressed or implied, will not be tolerated - in this department." - -Mr. Vallandigham commented upon this order, on May 1st, at a public -meeting of citizens. Three days afterward a body of soldiers was sent -by railroad from Cincinnati to Dayton, who, with violence, broke into -his residence at three o'clock in the morning, seized, and hurried -him to the cars before a rescue could be made, and departed for -Cincinnati, where he was confined in a military prison. He was -brought to trial before a military commission on May 6th. The -specification made against him in the charge was that "he addressed a -large meeting of citizens at Mount Vernon, and did utter sentiments -in words, or in effect, as follows: declaring the present war 'a -wicked, cruel, and unnecessary war'; a war not being waged for the -preservation of the Union'; 'a war for the purpose of crushing out -liberty and creating a despotism'; 'a war for the freedom of the -blacks and the enslavement of the whites'; stating that, 'if the -Administration had so wished, the war could have been honorably -terminated months ago'; characterizing the military order 'as a base -usurpation of arbitrary authority'; declaring 'that he was at all -times and upon all occasions resolved to do what he could to defeat -the attempts now made to build up a monarchy upon the ruins of our -free government.'" He was adjudged as guilty, and sentenced to -confinement in Fort Warren, Boston Harbor, during the war. This -sentence was changed by President Lincoln to banishment to the -Confederate States. This military usurpation was spoken of by -Governor Seymour, of New York, in a letter written at the time, in -these words: - - "The transaction involved a series of offenses against our most - sacred rights. It interfered with the freedom of speech; it violated - our rights to be secure in our homes against unreasonable searches - and seizures; it pronounced sentence without a trial, save one which - was a mockery, which insulted as well as wronged. The perpetrators - now seek to impose punishment, not for an offense against law, but - for a disregard of an invalid order, put forth in utter violation of - the principles of civil liberty. If this proceeding is approved by - the Government and sanctioned by the people, it is not merely a step - toward revolution, it is revolution; it will not only lead to - military despotism, it establishes military despotism. If it is - upheld, our liberties are overthrown. The safety of our persons, the - security of our property, will hereafter depend upon the arbitrary - wills of such military rulers as may be placed over us, while our - constitutional guarantees will be broken down. Even now the Governors - and the courts of some of the great Western States have sunk into - insignificance before the despotic powers claimed and exercised by - military men who have been sent into their borders." - -A large number of such arrests were made in Ohio, newspapers were -suspended, and editors imprisoned. Like scenes were very numerous in -Indiana and Illinois. In Pennsylvania arrests were made, newspapers -suspended, editors imprisoned, and offices destroyed. In New -Hampshire, Vermont, and Wisconsin many similar scenes occurred. The -provost-marshal system was used as a weapon of vindictiveness against -influential citizens of opposite political views throughout all the -Northern States. No one of such persons knew when he was safe. A -complaint of his neighbors, supported by affidavit of "disloyal" -words spoken or "disloyal" acts approved, received prompt attention -from all marshals. Everything was brought into subjection to the will -of the Government of the United States and its military officers. - -In view of all the facts here presented relative to the Northern -States, let the reader answer where the sovereignty _de facto_ -resided. Most clearly in the Government of the United States. That -presided over the ballot-box, held the keys of the prisons, arrested -all citizens at its pleasure, suspended or suppressed newspapers, and -did whatever it pleased under the declaration that the public welfare -required it. But, under the principles of American liberty, the -sovereignty is inherent in the people as an unalienable right; and, -for the preservation and protection of this and other rights, the -State governments were instituted. If, therefore, the people have -lost this inherent sovereignty, it is evident that the State -governments have failed to afford that protection for which they were -instituted. If they have thus failed, it has been in consequence of -their subversion and loss of power to fulfill the object for which -they were established. This subversion was achieved when the General -Government, under the pretext of preserving the Union, made war on -its creators the States, thus changing the nature of the Federal -Union, which could rightfully be done only by the sovereign, the -people of the States, in like manner as it was originally formed. If -they should permit their sovereignty to be usurped and themselves to -be subjugated, individuals might remain, States could not. Of their -wreck a nation might be built, but there could not be a Union, for -that implies entities united, and of a State which has lost its -sovereignty there may only be written, "_It was_." - - -[Footnote 86: Article IV, amendment.] - -[Footnote 87: Article V, amendment.] - -[Footnote 88: Article V, amendment.] - -[Footnote 89: Article VI, amendment.] - -[Footnote 90: Article I, section 9.] - -[Footnote 91: The first act of Congress providing for an enrollment and -draft was passed on March 8, 1363, three and a half months later than -this order.] - -[Footnote 92: See chapter on exchange of prisoners.] - -[Footnote 93: Baltimore "Gazette," September 25, 1866.] - - - - -CHAPTER XLV. - - Inactivity of the Army of Northern Virginia.--Expeditions of Custer, - Kilpatrick, and Dahlgren for the Destruction of Railroads, the - Burning of Richmond, and Killing the Officers of the Government.-- - Repelled by Government Clerks.--Papers on Dahlgren's Body.--Repulse - of Butler's Raid from Bermuda Hundred.--Advance of Sheridan repulsed - at Richmond.--Stuart resists Sheridan.--Stuart's Death.--Remarks - on Grant's Plan of Campaign.--Movement of General Butler.--Drury's - Bluff.--Battle there.--Campaign of Grant in Virginia. - - -Both the Army of Northern Virginia and the army under General Meade -remained in a state of comparative inaction during the months of -January and February, 1864. - -On February 26, 1864, while General Lee's headquarters were at Orange -Court-House, two corps of the army of the enemy left their camp for -Madison Court-House. The object was, by a formidable feint, to engage -the attention of General Lee, and conceal from him their plans for a -surprise and, if possible, capture of the city of Richmond. This was -to be a concerted movement, in which General Butler, in command of -the forces on the Peninsula, was to move up and make a demonstration -upon Richmond on the east, while Generals Custer and Kilpatrick and -Colonel Dahlgren were to attack it and enter on the west and north. - -Two days later another army corps left for Madison Court-House, and -other forces subsequently followed. At the same time General Custer, -with two ten-inch Parrott guns and fifteen hundred picked men, -marched for Charlottesville by the James City road. His purpose was -to destroy the Orange and Alexandria Railroad, running by -Charlottesville to Gordonsville, where the junction was made of the -railroad running north from Lynchburg, with the Central running to -Richmond. The capture of the army stores there, the destruction of -the tracks running south, west, and east, and cutting the telegraph, -would have severed the communication between Lee's army and Richmond -by that route. This movement, with the destruction of railroads by -General Kilpatrick, and of the Central Railroad and the James River -and Kanawha Canal by Colonel Dahlgren, would have isolated that army -from its base of supplies. - -[Illustration: General Wade Hampton] - -Three hours later, on the same day on which General Custer started, -General Kilpatrick with five thousand picked cavalry and a light -battery of six guns, left Stevensburg, near Culpeper Court-House, for -the lower fords of the Rapidan. His object was to make a dash upon -Richmond for the purpose of releasing the United States prisoners, -and doing whatever injury might be possible. He moved rapidly, -destroying railroads and depots, and plundering the country, but -found no obstacle except in being closely harassed in his rear by -Colonel Bradley T. Johnson with his sixty Marylanders, who, with -extraordinary daring, activity, and skill, followed him until he -reached the line of the defenses of Richmond. There, while attacked -in the rear by Colonel Johnson and his pickets driven in, he was at -the same time opposed in front by Colonel W. H. Stevens, who, with a -detachment of engineer troops, manned a few sections of light -artillery. After an engagement of thirty minutes, Kilpatrick's entire -force began to retreat in the direction of the Meadow Bridge on the -Central Railroad. At night his camp-fires were discovered by General -Wade Hampton, who dismounted one hundred men to act as infantry, and, -supported by the cavalry, opened his two-gun battery upon the enemy -at short range. He then attacked the camp of Davies's and of a part -of two other brigades. The camp was taken, and the whole force of -Kilpatrick fled at a gallop, leaving one hundred and five prisoners -and more than one hundred horses. - -Colonel Dahlgren started with General Kilpatrick, but at -Spottsylvania Court-House was dispatched with five hundred men to -Frederickhall, a depot of the Central Railroad, where some eighty -pieces of our reserve artillery had been parked. His orders were to -destroy the artillery, the railroads, and telegraph-lines. Finding -the artillery too well guarded, he proceeded to destroy the line of -railroad as far as Hanover Junction. Thence he moved toward the James -River and Kanawha Canal, which he reached twenty-two miles west of -Richmond. Thence his command moved toward the city, pillaging and -destroying dwelling-houses, out-buildings, mills, canal-boats, grain, -and cattle, and cutting one lock on the canal. The first resistance -met was by a battalion of General G. W. C. Lee's force, consisting of -about two hundred and twenty of the armory-men, under command of -their major, Ford. This small body was driven back until it joined a -battalion of the Treasury Department clerks, who, in the absence of -their major, Henly, were led by Captain McIlhenney. The officers and -men were all clerks of the Treasury Department, and, like those of -other departments and many citizens of Richmond, who were either too -old or too young to be in the army, were enrolled and organized to -defend the capital in the absence of troops. Captain McIlhenney, as -soon as he saw the enemy, promptly arranged to attack. This was done -with such impetuosity that Dahlgren and his men wore routed, leaving -some eighteen killed, twenty to thirty wounded, and as many more -prisoners. About a hundred horses, with equipments, a number of -small-arms, and one three-inch Napoleon gun were captured. Our loss -was one captain and two lieutenants killed, three lieutenants and -seven privates wounded--one of the latter mortally. This feat of the -Clerks' Battalion commanded the grateful admiration of the people, -and the large concourse that attended the funeral of the fallen -expressed the public lamentation. - -Dahlgren now commenced his retreat. To increase the chances of -escape, the force was divided, he leading one party in the direction -of King and Queen County. The home guard of the country turned out -against the raiders, and, being joined by a detachment from the -Forty-second Battalion of Virginia Cavalry and some furloughed -cavalry-men of Lee's army, surprised and attacked the retreating -column of Dahlgren, killed the leader, and captured nearly one -hundred prisoners, with negroes, horses, etc. - -On the body of Dahlgren was found an address to his officers and men, -another paper giving special orders and instructions, and one giving -his itinerary, the whole disclosing the unsoldierly means and -purposes of the raid, such as disguising the men in our uniform, -carrying supplies of oakum and turpentine to burn Richmond, and, -after releasing their prisoners on Belle Isle, to exhort them to -destroy the hateful city, while on all was impressed the special -injunction that the city must be burned, and "Jeff Davis and Cabinet -killed." - -The prisoners, having been captured in disguise, were, under the -usages of war, liable to be hanged as spies, but their protestations -that their service was not voluntary, and the fact that as enlisted -men they were subject to orders, and could not be held responsible -for the infamous instructions under which they were acting, saved -them from the death-penalty they had fully incurred. Photographic -copies of the papers found on Dahlgren's body were taken and sent to -General Lee, with instructions to communicate them to General Meade, -commanding the enemy's forces in his front, with an inquiry as to -whether such practices were authorized by his Government, and also to -say that, if any question was raised as to the copies, the original -paper would be submitted. No such question was then made, and the -denial that Dahlgren's conduct had been authorized was accepted. - -Many sensational stories, having not even a basis of truth, were put -in circulation to exhibit the Confederate authorities as having acted -with unwarrantable malignity toward the deceased Colonel Dahlgren. -The fact was, that his body was sent to Richmond and decently -interred in the Oakwood Cemetery, where other Federal soldiers were -buried. The enormity of his offenses was not forgotten, but -resentment against him ended with his life. It was also admitted -that, however bad his preceding conduct had been, he met his fate -gallantly, charging at the head of his men when he found himself -inextricably encompassed by his foe. - -Custer and Kilpatrick, who were to coöperate with him in the -expedition, especially the first-named, manifested a saving degree of -"that rascally virtue," as Charles Lee, of Revolutionary memory, -called it. After the feeble demonstration upon some parked artillery -which has been described, he fancied that he heard the roaring of -cars coming with reënforcements, and retreated, burning the bridges -behind him--a precaution quite in vain, as there were none there to -pursue him. - -Kilpatrick, followed as above stated by Colonel Bradley T. Johnson, -who hung close upon his rear, finally reached the defenses of -Richmond. There, out of respect to the field artillery he -encountered, he turned off to cross the Chickahominy, and that night -he was routed by the cavalry command of our gallant cavalier General -Wade Hampton. Thus ended the combined movement with which Northern -papers had regaled their readers by announcing as made "with -instructions to sack the rebel capital." - -During the first week in May, Major-General B. F. Butler landed at -Bermuda Hundred with a considerable force, and moved up so as to cut -the telegraph line and reach by a raiding party the railroad at -Chester, between Richmond and Petersburg. General Ransom, then in -command of the defenses at Richmond and those of Drury's Bluff, with -a small force, attacked the advance of General Butler, and after a -sharp skirmish compelled him to withdraw. - -Meantime, because of the warning which Stuart had sent, General -Ransom was summoned to Richmond to resist an impending assault by -General Sheridan on the outer works north of the city. Taking the two -disposable brigades of Gracie and Fry and a light battery, he -hastened forward, arriving at the fortifications on the -Mechanicsville Turnpike; just in time to see a battery of artillery, -then entirely unsupported, repulse the advance of Sheridan. During -the night the clerks and citizens, under General G. W. Custis Lee, -had formed a thin line along part of the fortifications on the west -side of the city. As the day advanced, Oracle's brigade was thrown in -front of the works and pressed forward to feel Sheridan; but it was -regarded as worse than useless with two small brigades to engage in -an open country many times their number of well-appointed cavalry, -Sheridan showed no purpose to attack, but withdrew from before our -defenses, and the two brigades returned to the vicinity of Drury's -Bluff--the approach on the south side of James River, by forces -under General Butler, being then considered the most imminent danger -to Richmond. - -After the battle of the Wilderness, on May 4th and 5th, as hereafter -narrated, General Grant moved his army toward Spottsylvania -Court-House, and General Lee made a corresponding movement. At this -time Sheridan, with a large force of United States cavalry, passed -around and to the rear of our army, so as to place himself on the -road to Richmond, which, in the absence of a garrison to defend it, -he may have not unreasonably thought might be surprised and captured. - -Stuart, our most distinguished cavalry commander--fearless, faithful -Stuart--soon knew of Sheridan's movement, perceived its purpose, -and, with his usual devotion to his country's welfare, hastily -collected such of his troops as were near, and pursued Sheridan. He -fell upon Sheridan's rear and flank at Beaver Dam Station, where a -pause had been made to destroy the railroad, some cars, and -commissary's stores, and drove it before him. The route of the enemy -being unmistakably toward Richmond, Stuart, to protect the capital, -or at least to delay attack, so as to give time to make preparation -for defense, made a _détour_ around Sheridan, and by a forced march -got in front of him, taking position at a place called Yellow Tavern, -about seven or eight miles from Richmond. Here, with the daring and -singleness of purpose which characterized his whole career, he -decided, notwithstanding the great inequality between his force and -that of his foe, to make a stand, and offer persistent resistance to -his advance. The respective strength of the two commands, as given by -Colonel Heros von Borke, chief of General Stuart's staff, was, -Stuart, eleven hundred; Sheridan, eight thousand. While engaged in -this desperate service, General Stuart sent couriers to Richmond to -give notice of the approach of the enemy, so that the defenses might -be manned. - -Notwithstanding the great disparity of force, the contest was -obstinate and protracted, and fickle Fortune cheered our men with -several brilliant successes. Stuart, who in many traits resembled the -renowned Murat, like him was always a leader when his cavalry -charged. On this occasion he is represented when he was wounded to -have been quite in advance, to have fired the last load in his -pistol, and to have been shot by a fugitive whom he found cowering -under a fence, and ordered to surrender. The "heavy battalions" at -last prevailed, our line was broken, and our chieftain, though -mortally wounded, still kept in his saddle, invoking his men to -continue the fight.[94] Our gallant chieftain was brought wounded -into Richmond, a noble sacrifice on the altar of duty. - -Long accustomed to connect him only with daring exploits and -brilliant successes, there was much surprise and deeper sorrow when -the news spread through the city. Admired as a soldier, loved as a -man, honored as a Christian patriot, to whom duty to his God and his -country was a supreme law, the intense anxiety for his safety made us -all shrink from realizing his imminent danger. When I saw him in his -very last hours, he was so calm, and physically so strong, that I -could not believe that he was dying, until the surgeon, after I had -left his bedside, told me he was bleeding inwardly, and that the end -was near. - -Grant's plan of campaign, as now revealed to us, was to continue his -movement against Lee's army, and, if, as experience had taught him, -he should be unable to defeat it and move directly to his objective -point, Richmond, he was to continue his efforts so as to reach the -James River below Richmond, and thus to connect with the array under -General Butler, moving up on the south side of the James. The -topography of the country favored that design. The streams in the -country in which he was operating all trended toward the southeast, -and his change of position was frequently made under cover of them. -Butler, in the mean time, was ordered with the force of his -department, about twenty thousand, reënforced by Gilmer's division of -ten thousand, to move up to City Point, there intrench, and -concentrate all his troops as rapidly as possible. From this base he -was expected to operate so as to destroy the railroad connections -between Richmond and the South. On the 7th of May he telegraphed that -he had "destroyed many miles of railroad, and got a position which, -with proper supplies, we can hold out against the whole of Lee's -army." - -At this time Major-General Robert Ransom, as before mentioned, was in -command at Richmond, including Drury's Bluff. His force consisted, -for the defense of both places, of the men serving the stationary or -heavy artillery, and three brigades of infantry--Hunton's at -Chapin's Bluff, and Barton's and Gracie's for field service. To -these, in cases of emergency, the clerks and artisans in the -departments and manufactories, were organized, to be called out as an -auxiliary force when needed for the defense of the capital It was -with this field force that Ransom, as has been related, moved upon -Butler, and drove him from the railroad, the destruction of which he -had so vauntingly announced. - -A few days thereafter he again emerged from his cover, but this time -changed his objective point, and, diverging from the south bank of -the James River, moved toward Petersburg, and reached the railroad at -Port Walthal Junction, where he encountered some of General -Beauregard's command, which had been ordered from Charleston, and was -driven from the railroad and turnpike. The troops ordered from -Charleston with General Beauregard had, by May 14th, reached the -vicinity of Drury's Bluff. In connection with the works and -rifle-pits on the bluff, which were to command the river and prevent -the ascent of gunboats, an intrenched line had been constructed on a -ridge about a mile south of the bluff, running across the road from -Richmond to Petersburg. This ridge was higher than the ground on -which the fort was built, and was designed to check an approach of -the enemy from the south, as well as to cover the rear of the fort. -In the afternoon of the 14th I rode down to visit General Beauregard -at his headquarters in the field. Supposing his troops to be on the -line of intrenchment, I passed Major Drury's house to go thither, -when some one by the roadside called to me and told me that the -troops were not on the line of intrenchment, and that General -Beauregard was at the house behind me. - -My first question on meeting him was to learn why the intrenchments -were abandoned. He answered that he thought it better to concentrate -his troops. Upon my stating to him that there was nothing then to -prevent Butler from turning his position, he said he would desire -nothing more, as he would then fall upon him, cut him off from his -base, etc. - -According to my uniform practice never to do more than to make a -suggestion to a general commanding in the field, the subject was -pressed no further. We then passed to the consideration of the -operations to be undertaken against Butler, who had already advanced -from his base at Bermuda Hundred. I offered, for the purpose of -attacking Butler, to send Major-General Ransom with the field force -he had for the protection of Richmond. In addition to his high -military capacity, his minute knowledge of the country in which they -were to operate made him specially valuable. He reported to General -Beauregard at noon on the 15th, received his orders for the battle -which was to occur the next day, and about 10 P.M. was, with a -division of four brigades and a battery of light artillery, in -position in front of the breastworks. Colonel Dunovant, with a -regiment of cavalry not under Ransom's orders, was to guard the space -between his left and the river, so as to give him information of any -movement in that quarter. General Whiting, with some force, was -holding a defensive position at Petersburg. General Beauregard -proposed that the main part of it should advance and unite with him -in an attack upon Butler wherever he should be found between Drury's -and Petersburg. To this I offered distinct objection, because of the -hazard during a battle of attempting to make a junction of troops -moving from opposite sides of the enemy; and proposed that Whiting's -command should move at night by the Chesterfield road, where they -would not probably be observed by Butler's advance. This march I -supposed they could make so as to arrive at Drury's by or soon after -daylight. The next day being Sunday, they could rest, and, all the -troops being assigned to their positions, could move to make a -concerted attack at daylight on Monday. He spoke of some difficulty -in getting a courier who knew the route and could certainly deliver -the order to General Whiting. Opportunely, a courier arrived from -General Whiting, who had come up the Chesterfield road. He then said -the order would have to be drawn with a great deal of care, and that -he would prepare it as soon as he could. I arose to take leave, and -he courteously walked down the stairs with me, remarking as we went -that he was embarrassed for the want of a good cavalry commander. I -saw in the yard Colonel Chilton, assistant adjutant and -inspector-general, and said, "There is an old cavalry officer who was -trained in my old regiment, the First Dragoons, and who I think will -answer your requirements," Upon his expressing the pleasure it would -give him to have Colonel Chilton, I told him of General Beauregard's -want, and asked him if the service would be agreeable to him. He -readily accepted it, and I left, supposing all the preliminaries -settled. In the next forenoon Colonel Samuel Melton, of the adjutant -and inspector-general's department, called at my residence and -delivered a message from General Beauregard to the effect that he had -decided to order Whiting to move by the direct road from Petersburg, -instead of by the Chesterfield route, and, when I replied that I had -stated my objections to General Beauregard to a movement which gave -the enemy the advantage of being between our forces, he said General -Beauregard had directed him to explain to me that upon a further -examination he found his force sufficient; that his operations, -therefore, did not depend upon making a junction with Whiting. - -On Monday morning I rode down to Drury's, where I found that the -enemy had seized our line of intrenchments, it being unoccupied, and -that a severe action had occurred, with serious loss to us before he -could be dislodged. He had crossed the main road to the west, -entering a dense wood, and our troops on the right had moved out and -were closely engaged with him. We drove him back, frustrating the -attempt to turn the extreme right of our line. The day was wearing -away, a part of the force had been withdrawn to the intrenchment, and -there was no sign of purpose to make any immediate movement. General -Beauregard said he was waiting to hear Whiting's guns, and had been -expecting him for some time to approach on the Petersburg road. Soon -after this, the foe in a straggling, disorganized manner, commenced -crossing the road, moving to the east, which indicated a retreat, or -perhaps a purpose to turn our left and attack Fort Drury in rear. He -placed a battery in the main road and threw some shells at our -intrenchment, probably to cover his retiring troops. General Ransom, -in an unpublished report, says that, at the time he received the -order of battle, General Beauregard told him, "As you know the -region, I have given you the moving part of the army, and you will -take the initiative." He further states that at dawn of day he moved -to the south of Kingsland Creek, formed two lines with a short -interval, and at once advanced to the attack. A dense fog suddenly -enveloped him, so as to obscure all distant objects. Moving forward, -the skirmishers were quickly engaged, and the fighting was pressed so -vigorously that by sunrise he had captured a brigade of infantry, a -battery of artillery, and occupied about three quarters of a mile of -the enemy's temporary breastworks, which were strengthened by wire -interwoven among the trees in their front; this was not effected, -however, without considerable loss in killed and wounded, and much -confusion, owing to the denseness of the fog. General Ransom's report -continues: - - "Having no ammunition-wagons and requiring replenishment of infantry - cartridges, and knowing that delay would mar the effect of the - success gained, I sent instantly to Beauregard, reporting what had - happened, and asked that Ransom's brigade might come to me at once, - so that I might continue the pressure and make good the advantage - already gained." - -He then describes the further delay in getting ammunition, and his -renewal of the request for Ransom's brigade, which he had organized -and formerly commanded, but, instead of which, two small regiments -were sent to him, the timely arrival of which, it is to be gratefully -remembered, enabled him to repulse an advance of the enemy. It would -be neither pleasant nor profitable to dwell on the lost opportunity -for a complete victory, or to recount the possible consequences which -might have flowed from it. On the next morning, our troops moved down -the river road as far as Howlett's, about three or four miles, but -saw no enemy. The "back door" of Richmond was closed, and Butler -"bottled up." - -Soon after the affair at Drury's Bluff, General Beauregard addressed -to me a communication, proposing that he should be heavily reinforced -from General Lee's army, so as to enable him to crush Butler in his -intrenchments, and then, with the main body of his own force, -together with a detachment from General Lee's army, that he should -join General Lee, overwhelm Grant, and march to Washington. I knew -that General Lee was then confronting an army vastly superior to his -in numbers, fully equipped, with inexhaustible supplies, and a -persistence in attacking of which sufficient evidence had been given. -I could not therefore expect that General Lee would consent to the -proposition of General Beauregard; but, as a matter of courteous -consideration, his letter was forwarded with the usual formed -endorsement. General Lee's opinion on the case was shown by the -instructions he gave directing General Beauregard to straighten his -line so as to reduce the requisite number of men to hold it, and send -the balance to join the army north of the James. - - -[Footnote 94: Address of Major H. B. McClellan before Army of Northern -Virginia Association.] - - - - -CHAPTER XLVI. - - General Grant assumes Command in Virginia.--Positions of the - Armies.--Plans of Campaign open to Grant's Choice.--The Rapidan - crossed.--Battle of the Wilderness.--Danger of Lee.--The Enemy - driven back.--Flank Attack.--Longstreet wounded.--Result of the - Contest.--Rapid Flank Movement of Grant.--Another Contest.-- - Grant's Reënforcements.--Hanover Junction.--The Enemy moves in - Direction of Bowling Green.--Crosses the Pamunkey.--Battle at Cold - Harbor.--Frightful Slaughter.--The Enemy's Soldiers decline to - renew the Assault when ordered.--Loss.--Asks Truce to bury the - Dead.--Strength of Respective Armies.--General Pemberton.--The - Enemy crosses the James.--Siege of Petersburg begun. - - -It was in March, 1864, that Major-General Ulysses S. Grant, having -been appointed lieutenant-general, assumed command of the armies of -the United States. He subsequently proceeded to Culpeper and assumed -personal command of the Army of the Potomac, although nominally that -army remained under the command of General Meade. Reënforcements were -gathered from every military department of the United States and sent -to that army. - -On May 3d General Lee held the south bank of the Rapidan River, with -his right resting near the mouth of Mine Run and his left extending -to Liberty Mills, on the road from Gordonsville to the Shenandoah -Valley. Ewell's corps was on the right, Hill's on the left, and two -divisions of Longstreet's corps, having returned from East Tennessee, -were encamped in the rear near Gordonsville. The army of General -Grant had occupied the north bank of the Rapidan, with the main body -encamped in Culpeper County and on the Rappahannock River. - -While Grant with his immense and increasing army was thus posted, -Lee, with a comparatively small force, and to which few -reënforcements could be furnished, confronted him on a line -stretching from near Somerville Ford to Gordonsville. To Grant was -left the choice to move directly on Lee and attempt to defeat his -army, the only obstacle to the capture of Richmond, and which his -vast means rendered supposable, or to cross the Rapidan above or -below Lee's position. The second would fulfill the condition, so -imperatively imposed on McClellan, of covering the United States -capital; the third would be in the more direct line toward Richmond. -Of the three he chose the last, and so felicitated himself on his -unopposed passage of the river as to suppose that he had, unobserved, -turned the flank of Lee's army, got between it and Richmond, and -necessitated the retreat of the Confederates to some point where they -might resist his further advance. So little could he comprehend the -genius of Lee, that he expected him to be surprised, as appears from -his arrangements contemplating only combats with the rear-guard -covering the retreat. Lee, dauntless as he was sagacious, seized the -opportunity, which the movement of his foe offered, to meet him where -his artillery would be least available, where his massive columns -would be most embarrassed in their movements, and where Southern -individuality and self-reliance would be specially effective. Grant's -object was to pass through "the Wilderness" to the roads between Lee -and Richmond. Lee resolved to fight him in those pathless woods, -where mind might best compete with matter. - -Providence held its shield over the just cause, and heroic bands -hurled back the heavy battalions shattered and discomfited, as will -be now briefly described. - -In order to cross the Rapidan, Grant's army moved on May 3d toward -Germania Ford, which was ten or twelve miles from our right. He -succeeded in seizing the ford and crossing. The direct road from this -ford to Richmond passed by Spottsylvania Court-House, and, when Grant -had crossed the river, he was nearer than General Lee to Richmond. -From Orange Court-House there are two nearly parallel roads running -eastwardly to Fredericksburg. The one nearest the river is called the -"Stone Turnpike," and the other the "Plank-road." The road from the -ford to Spottsylvania Court-House crosses the Old Stone Turnpike at -the "Old Wilderness Tavern," and, two or three miles farther on, it -crosses the plank-road. - -As soon as Grant's movement was known, Lee's troops were put in -motion. Swell's corps moved on the Stone Turnpike, and Hill's corps -on the plank-road, into which Longstreet's force also came from his -camp near Gordonsville. Ewell's corps crossed Mine Run, and encamped -at Locust Grove, four miles beyond, on the afternoon of the 4th. On -the morning of the 5th it was again in motion, and encountered -Grant's troops in heavy force at a short distance from the Old -Wilderness Tavern, and Jones's and Battle's brigades were driven back -in some confusion. Early's division was ordered up, formed across the -pike, and moved forward. It advanced through a dense pine-thicket, -and, with other brigades of Rodes's division, drove the enemy back -with heavy loss, capturing several hundred prisoners and gaining a -commanding position on the right. Meantime, Johnson's division, on -the left of the pike, and extending across the road to Germania Ford, -was heavily engaged in front, and Hays's brigade was sent to his left -to participate in a forward movement. It advanced, encountered a -large force, and, not meeting with the expected coöperation, was -drawn back. Subsequently, Pegram's brigade took position on Hays's -left, and just before night an attack was made on their front, which -was repulsed with severe loss to the enemy. During the afternoon -there was hot skirmishing along the whole line, and several attempts -were made by the foe to regain the position from which he had been -driven. At the close of the day, Ewell's corps had captured over a -thousand prisoners, besides inflicting on the enemy very severe -losses in killed and wounded. Two pieces of artillery had been -abandoned and were secured by our troops. - -A. P. Hill, on the 4th, with Heth's and Wilcox's divisions of his -corps, moved eastwardly along the plank-road. They bivouacked at -night near Verdiersville, and resumed their march on the 5th with -Heth in advance. About 1 P.M. musketry firing was heard in front; the -sound indicated the presence of a large body of infantry. Kirkland's -brigade deployed on both sides of the plank-road, and the column -proceeded to form in line of battle on its flanks. Hill's advance had -followed the plank-road, while Ewell's pursued the Stone turnpike. -These parallel movements were at this time from three to four miles -apart. The country intervening and round about for several miles is -known as the "Wilderness," and, having very little open ground, -consists almost wholly of a forest of dense undergrowth of shrubs and -small trees. In order to open communication with Ewell, Wilcox's -division moved to the left, and effected a junction with Gordon's -brigade on Ewell's extreme right. The line of battle thus completed -extended from the right of the plank-road through a succession of -open fields and dense forest to the left of the Stone turnpike. It -presented a line of six miles, and the thicket that lay along the -whole front of our army was so impenetrable as to exclude the use of -artillery save only at the roads. Heth's skirmishers were driven in -about 3 P.M. by a massive column that advanced, firing rapidly. The -straggle thus commenced in Hill's front continued for two or three -hours unabated. Heth's ranks were greatly reduced, when Wilcox was -ordered to his support, but the bloody contest continued until night -closed over our force in the position it had originally taken. This -stubborn and heroic resistance was made by the divisions of Heth and -Wilcox, of Hill's corps, fifteen thousand strong, against the -repeated and desperate assaults of five divisions--four divisions of -Hancock's and one of Sedgwick's corps, numbering about forty-five -thousand men. Our forces completely foiled their adversaries, and -inflicted upon them most serious loss.[95] During the day the Ninth -Corps of the enemy under General Burnside, had come on the field. The -third division of Hill's corps, under General Anderson, and the two -divisions of Longstreet's corps, did not reach the scene of conflict -until dawn of day on the morning of the 6th. Simultaneously the -attack on Hill was renewed with great vigor. In addition to the force -he had so successfully resisted on the previous day, a fresh division -of the enemy's Fifth Corps had secured position on Hill's flank, and -coöperated with the column assaulting in front. After a severe -contest, the left of Heth's division and the right of Wilcox's were -overpowered before the advance of Longstreet's column reached the -ground, and were compelled to return. The repulsed portions of the -divisions were in considerable disorder. General Lee now came up, -and, fully appreciating the impending crisis, dashed amid the -fugitives, calling on the men to rally and follow him. - - "The soldiers, seeing General Lee's manifest purpose to advance with - them, and realizing the great danger in which he then was, begged him - to go to the rear, promising that they would soon have matters - rectified. The General waved them on with some words of cheer." [96] - -The assault was checked. - -Longstreet, having come up with two divisions, deployed them in line -of battle, and gallantly advanced to recover the lost ground. The -enemy was driven back over the ground he had gained by his assault on -Hill's line, but reformed in the position previously held by him. -About mid-day an attack on his left flank and rear was ordered by -Longstreet. For this purpose three brigades were detached, and, -moving forward, were joined by General J. R. Davis's brigade, which -had been the extreme right of Hill's line. Making a sufficient _détour_ -to avoid observation, and, rushing precipitately to attack the foe in -flank and reverse while he was preparing to resist the movement in -his front, he was taken completely by surprise. The assault resulted -in his utter rout, with heavy loss on that part of his line. - -Preparations were now made to follow up the advantages gained by a -forward movement of the whole line under General Longstreet's -personal direction. When advancing at the head of Jenkins's brigade, -with that officer and others, a body of Confederates in the wood on -the roadside, supposing the column to be a hostile force, fired into -it, killing General Jenkins, distinguished alike for civil and -military virtue, and severely wounding General Longstreet. The -valuable services of General Longstreet were thus lost to the army at -a critical moment, and this caused the suspension of a movement which -promised the most important results; and time was thus afforded to -the enemy to rally, reënforce, and find shelter behind his -intrenchments. Under these circumstances the commanding General -deemed it unadvisable to attack. - -On the morning of the 6th the contest was renewed on the left, and a -very heavy attack was made on the front, occupied by Pegram's -brigade, but it was handsomely repulsed, as were several subsequent -attacks at the same point. In the afternoon an attack was made on the -enemy's right flank, resting in the woods, when Gordon's brigade, -with Johnson's in the rear and followed by Pegram's, succeeded in -throwing it into great confusion, doubling it up and forcing it back -some distance, capturing two brigadier-generals and several hundred -prisoners. Darkness closed the contest. On the 7th an advance was -made which disclosed the fact that Grant had given up his line of -works on his right. During the day there was some skirmishing, but no -serious fighting. The result of these battles was the infliction of -severe loss upon the foe, the gain of ground, and the capture of -prisoners, artillery, and other trophies. The cost to us, however, -was so serious as to enforce, by additional considerations, the -policy of Lee to spare his men as much as was possible. - -A rapid flank movement was next made by Grant to secure possession of -Spottsylvania Court-House. General Lee comprehended his purpose, and -on the night of the 7th a division of Longstreet's corps was sent as -the advance to that point. Stuart, then in observation on the flank, -and ever ready to work or to fight as the one or the other should -best serve the cause of his country, dismounted his troopers, and, by -felling trees, obstructed the roads so as materially to delay the -march of the enemy. The head of the opposing forces arrived almost at -the same moment on the 8th; theirs, being a little in advance, drove -back our cavalry, but in turn was quickly driven from the strategic -point by the arrival of our infantry. On the 9th the two armies, each -forming on its advance as a nucleus, swung round and confronted each -other in line of battle. - -The 10th and 11th passed in comparative quiet. On the morning of the -12th the enemy made a very heavy attack on Ewell's front, and broke -the line where it was occupied by Johnson's division. At this time -and place the scene occurred of which Mississippians are justly -proud. Colonel Tenable, of General Lee's staff, states that, on the -receipt of one of the messages from General Rodes for more troops, he -was sent by General Lee to bring Harris's Mississippi brigade from -the extreme right; that General Lee met the brigade and rode at its -head until under fire, when a round shot passed so near to him that -the soldiers invoked him to go back; and when he said, "If you will -promise me to drive those people from our works, I will go back," the -brigade shouted the promise, and Colonel Venable says: - - "As the column of Mississippians came up at a double quick an - aide-de-camp came up to General Rodes with a message from Ramseur - that he could hold out only a few minutes longer unless assistance - was at hand. Your brigade was thrown instantly into the fight, the - column being formed into line under a tremendous fire and on very - difficult ground. Never did a brigade go into fiercer battle under - greater trials; never did a brigade do its duty more nobly." [97] - -A portion of the attacking force swept along Johnson's line to -Wilcox's left, and was checked by a prompt movement on that flank. -Several brigades sent to Ewell's assistance were carried into action -under his orders, and they all suffered severely. Subsequently, on -the same day, some brigades were thrown to the front, for the purpose -of moving to the left and attacking the flank of the column which -broke Ewell's line, to relieve the pressure on him, and recover the -part of the line which had been lost. These, as they moved, soon -encountered the Ninth Corps, under Burnside, advancing to the attack. -They captured over three hundred prisoners and three battle-flags, -and their attack on the enemy's flank, taking him by surprise, -contributed materially to his repulse. - -Taylor, in his "Four Years with General Lee," says that Lee, having -detected the weakness of "the salient" occupied by the division of -General Edward Johnson, of Ewell's corps, directed a second line to -be constructed across its base, to which he proposed to move the -troops occupying the angle. Suspecting another flank movement by -Grant, before these arrangements were quite completed, he ordered -most of the artillery at this portion of the lines to be withdrawn so -as to be available. Toward dawn on the 12th, Johnson, discovering -indications of an impending assault, ordered the immediate return of -the artillery, and made other preparations for defense. But the -unfortunate withdrawal was so partially and tardily restored, that a -spirited assault at daybreak overran that portion of the lines before -the artillery was put in position, and captured most of the division, -including its brave commander. - -The above mentioned attacking column advanced, under cover of a -pine-thicket, to within a very short distance of a salient defended -by Walker's brigade. A heavy fire of musketry and artillery, from a -considerable number of guns on Heth's line, opened with tremendous -effect upon the column, and it was driven back with severe loss, -leaving its dead in front of our works.[98] - -Several days of comparative quiet ensued. During this time the army -of General Grant was heavily reënforced from Washington. - - "In numerical strength his army so much exceeded that under General - Lee that, after covering the entire Confederate front with double - lines of battle, he had in reserve a large force with which to extend - his flank and compel a corresponding movement on the part of his - adversary, in order to keep between him and his coveted prize--the - capital of the Confederacy." [99] - -On the 18th another assault was made upon our lines, but it produced -no impression. On the 20th of May, after twelve days of skirmish and -battle at Spottsylvania against a superior force, General Lee's -information led him to believe that the enemy was about to attempt -another flanking movement, and interpose his army between the -Confederate capital and its defenders. To defeat this purpose -Longstreet was ordered to move at midnight in the direction of -Hanover Junction, and on the following day and night Swell's and -Hill's corps marched for the same point. - -The Confederate commander, divining that Grant's objective point was -the intersection of the two railroads leading to Richmond at a point -two miles south of the North Anna River, crossed his army over that -stream and took up a line of battle which frustrated the movement. - -Grant began his flanking movement on the night of the 20th, marching -in two columns, the right, under General Warren, crossing the North -Anna at Jericho Ford without opposition. On the 23d the left, under -General Hancock, crossing four miles lower down, at the Chesterfield -or County Bridge, was obstinately resisted by a small force, and the -passage of the river was not made until the 24th. After crossing the -North Anna, Grant discovered that his movement was a blunder, and -that his army was in a position of much peril. - -The Confederate commander established his line of battle on the south -side of the river, both wings refused so as to form an obtuse angle, -with the apex resting on the river between the two points of the -enemy's crossing, Longstreet's and Hill's corps forming the two -sides, and Little River and the Hanover marshes the base. Ewell's -corps held the apex or center. - -The hazard of Grant's position appears not to have been known to him -until he attempted to unite his two columns, which were four miles -apart, by establishing a connecting line along the river. Foiled in -the attempt, he discovered that the Confederate army was interposed -between his two wings, which were also separated by the North Anna, -and that the one could give no support to the other except by a -double crossing of the river. That the Confederate commander did not -seize the opportunity to strike his embarrassed foe and avail himself -of the advantage which his superior generalship had gained, may have -been that, concluding from past observation of Grant's tactics, he -felt assured that the "continuous hammering" process was to be -repeated without reference to circumstances or position. If Lee acted -on this supposition, he was mistaken, as the Federal commander, -profiting by the severe lessons of Spottsylvania and the Wilderness, -with cautious, noiseless movement, withdrew under cover of the night -of the 26th to the north side of the North Anna, and moved eastward -down to the Pamunkey River. - -At Hanover Junction General Lee was joined by Pickett's division of -Longstreet's corps, which had been on detached service in North -Carolina, and by a small force under General Breckinridge from -southwestern Virginia, twenty-two hundred strong. Hoke's brigade, of -Early's division, twelve hundred strong, which had been on detached -duty at the Junction, here also rejoined its division. On the 29th -the whole of Grant's army was across the Pamunkey, while General -Lee's army on the next day was in line of battle with his left at -Atlee's Station. By another movement eastward the two armies were -brought face to face at Cold Harbor on June 3d. Here fruitless -efforts were made by General Grant to pierce or drive back the forces -of General Lee. Our troops were protected by temporary earthworks, -and while under cover of these were assailed by the enemy: - - "But in vain. The assault was repulsed along the whole line, and the - carnage on the Federal side was fearful. I[100] well recall having - received a report, after the assault, from General Hoke--whose - division reached the army just previous to this battle--to the - effect that the ground in his entire front, over which the enemy had - charged, was literally covered with their dead and wounded; and that - up to that time he had not had a single man killed. No wonder that, - when the command was given to renew the assault, the Federal soldiers - sullenly and silently declined. 'The order[101] was issued through - the officers to their subordinate commanders, and from them descended - through the wonted channels; but no man stirred, and the immobile - lines pronounced a verdict, silent yet emphatic, against further - slaughter. The loss on the Union side in this sanguinary action was - over thirteen thousand, while on the part of the Confederates it is - doubtful whether it reached that many hundreds.' After some - disingenuous proposals, General Grant finally asked a truce to enable - him to bury his dead. Soon after this he abandoned his chosen line of - operations, and moved his army so as to secure a crossing to the - south side of James River. The struggle from the Wilderness to this - point covered a period of over one month, during which time there had - been an almost daily encounter of arms, and the Army of Northern - Virginia had placed _hors de combat_, of the army under General - Grant, a number exceeding the entire numerical strength, at the - commencement of the campaign, of Lee's army, which, notwithstanding - its own heavy losses and the reinforcements received by the enemy, - still presented an impregnable front to its opponent." - -By the report of the United States Secretary of War (Stanton), Grant -had, on the 1st of May, 1864, two days before he crossed the Rapidan, -120,380 men, and in the Ninth Army Corps 20,780, or an aggregate with -which he marched against Lee of 141,160. To meet this vast force, Lee -had on the Rapidan less than 50,000 men. By the same authority it -appears that Grant had a reserve upon which he could draw of 137,672. -Lee had practically no reserve, for he was compelled to make -detachments from his army for the protection of West Virginia and -other points, about equal to all the reënforcements which he -received. In the "Southern Historical Papers," vol. vi, page 144, -upon the very reliable authority of the editor, there appears the -following statement: - - "Grant says he lost, in the campaign from the Wilderness to Cold - Harbor, 39,000 men; but Swinton puts his loss at over 60,000, and a - careful examination of the figures will show that his real loss was - nearer 100,000. In other words, he lost about twice as many men as - Lee had, in order to take a position which he could have taken at - first without firing a gun or losing a man." - -On June 12th the movement was commenced by Grant for crossing the -James River. Pontoon-bridges were laid near Wilcox's Wharf for the -passage of his army. J. C. Pemberton, who, after the fall of -Vicksburg, was left without a command corresponding to his rank of -lieutenant-general in the provisional army, in order that he might -not stand idle, nobly resigned that commission, and asked to be -assigned to duty according to his rank in the regular army, which was -that of lieutenant-colonel. Ho was accordingly directed to report to -General Lee for service with the Army of Northern Virginia. Being a -skillful artillerist, he was directed to find a position where he -could place a mortar so as to throw shells on the enemy's bridge when -it should be put into use. By a daring reconnaissance and exact -calculation, he determined a point from which the desired effect -might be produced by vertical fire, over a wood. At the proper moment -he opened upon the bridge, and his expectations were verified by the -shells falling on the troops harassingly. This, his first service -with the Army of Northern Virginia, was interrupted by the failure to -send promptly a cohering force to protect the mortar, the position of -which was disclosed by its fire. The injury it inflicted caused the -Federal commander to send a detachment which drove away the gunners -and captured the mortar. - -On the 14th and 15th of June the crossing of Grant's army was -completed. It will be remembered that he had crossed the Rapidan on -the 3d of May. It had therefore taken him more than a month to reach -the south side of the James. In his campaign he had sacrificed a -hecatomb of men, a vast amount of artillery, small-arms, munitions of -war, and supplies, to reach a position to which McClellan had already -demonstrated there was an easy and inexpensive route. It is true that -the Confederate army had suffered severely, and, though the loss was -comparatively small to that of its opponents, it could not be -repaired, as his might be, from the larger population and his -facility for recruiting in Europe. To those who can approve the -policy of attrition without reference to the number of lives it might -cost, this may seem justifiable, but it can hardly be regarded as -generalship, or be offered to military students as an example worthy -of imitation. After an unsuccessful attempt, by a surprise, to -capture Petersburg, General Grant concentrated his army south of the -Appomattox River and commenced the operations to be related hereafter. - - -[Footnote 95: "Four Years with General Lee."] - -[Footnote 96: "Four Years with General Lee."] - -[Footnote 97: Letter from Colonel C. S Venable, "Southern Historical -Society Papers," vol. viii, p. 106, March, 1880.] - -[Footnote 98: "Memoir of the Last Year," etc, by General Early.] - -[Footnote 99: "Four Years with General Lee."] - -[Footnote 100: Taylor, "Four Years with General Lee."] - -[Footnote 101: Swinton, "Army of the Potomac," p. 487.] - - - - -CHAPTER XLVII. - - Situation in the Shenandoah Valley.--March of General Early.--The - Object.--At Lynchburg.--Staunton.--His Force.--Enters Maryland.-- - Attack at Monocacy.--Approach to Washington.--The Works.-- - Recrosses the Potomac.--Battle at Kernstown.--Captures.--Outrages - of the Enemy.--Statement of General Early.--Retaliation on - Chambersburg, Pennsylvania.--Battle near Winchester.--Sheridan's - Force routed.--Attack subsequently renewed with New Forces.-- - Incapacity of our Opponent.--Early falls back.--The Enemy - retires.--Early advances.--Report of a Committee of Citizens on - Losses by Sheridan's Orders.--Battle at Cedar Creek.--Losses, - Subsequent Movements, and Captures.--The Red River Campaign.-- - Repulse and Retreat of General Banks.--Capture of Fort Pillow. - - -Before the opening of the campaign of 1864, the lower Shenandoah -Valley was held by a force under General Sigel, with which General -Grant decided to renew the attempt which had been made by Crook and -Averill to destroy the Virginia and Tennessee Railroad west of -Lynchburg as a means to his general purpose of isolating Richmond; -and a prompt movement of General Morgan had defeated those attempts -and driven off the invaders. Sigel, with about fifteen thousand men, -commenced his movement up the Valley of the Shenandoah. Major-General -Breckinridge, commanding in southwestern Virginia, was notified, on -the 4th of May, of the movement of Sigel, and started immediately -with two brigades of infantry to Staunton, at which place he arrived -on the 9th. The reserves of Augusta County, under Colonel Harmon, -were called out, numbering several hundred men, and the cadets of the -Military Institute at Lexington, numbering two hundred, voluntarily -joined him. With this force Breckinridge decided to march to meet -Sigel. General Imboden, with a cavalry force of several hundred, had -been holding, as best he might, the upper Valley, and joined -Breckinridge in the neighborhood of New Market, informing him that -Sigel then occupied that place. Breckinridge having marched so -rapidly from Staunton that it was probable that his advance was -unknown to the enemy, he determined to make an immediate attack. His -troops were put in motion at one o'clock, and by daylight was in line -of battle two miles south of New Market. Sigel seems to have been -unconscious of any other obstruction to the capture of Staunton than -the small cavalry force under Imboden. At this time Lee was engaged -with the vastly superior force of Grant, which had crossed the -Rapidan, and Sigel's was a movement to get upon our flank, and thus -coöperate with Grant in his attempt to capture Richmond. Breckinridge -had an infantry force not much exceeding three thousand. The hazard -of an attack was great, but the necessity of the case justified it. -Breckinridge's force was only enough to form one line of battle in -two ranks, the cadets holding the center between the two brigades. -There were no reserves, and Colonel Harmon's command formed the guard -for the trains. Skirmish lines were promptly engaged, and soon -thereafter the enemy fell back beyond New Market, where Sigel, -assuming the defensive, took a strong position, in which to wait for -an attack. Our artillery was moved forward, and opened with effect -upon the enemy's position; then our infantry advanced, "with the -steadiness of troops on dress parade, the precision of the cadets -serving well as a color-guide for the brigades on either side to -dress by. . . . The Federal line had the advantage of a stone wall -which served as a breastwork." [102] Sigel's cavalry attempted to turn -our right flank, but was repulsed disastrously, and in a few moments -the enemy was in full retreat, crossing the Shenandoah and burning -the bridge behind him. - -Breckinridge captured five pieces of artillery and over five hundred -prisoners, exclusive of the wounded left on the field. Our loss was -several hundred killed and wounded. General Lee, after receiving -notice of this, ordered Breckinridge to transfer his command as -rapidly as possible to Hanover Junction. The battle was fought on the -15th, and the command reached Hanover Junction on the 20th of May. - -Before General Breckinridge left the Valley, he issued an order -thanking his troops, "particularly the cadets, who, though mere -youths, had fought with the steadiness of veterans." - -Brigadier-General W. E. Jones had, with a small cavalry force, come -from southwestern Virginia to the Valley after Breckinridge's -departure, and this, with the command of Imboden, only sufficient for -observation, was all that remained in the Valley when the Federal -General David Hunter, with a larger force than Sigel's, succeeded the -latter. Jones, with his cavalry and a few infantry, encountered this -force at Piedmont, was defeated and killed. Upon the receipt of this -information, Breckinridge with his command was sent back to the -Valley. - -On June 13th Major-General Early, with the Second Corps of Lee's -army, numbering a little over eight thousand muskets and two -battalions of artillery, commenced a march to strike Hunter's force -in the rear, and, if possible, destroy it; then to move down the -Valley, cross the Potomac, and threaten Washington. On the 17th he -reached Lynchburg, and Hunter arrived at the same time. Preparations -were made for the attack of Hunter on the 19th, when he began to -retreat, and was pursued with much loss, until he was disposed of by -taking the route to the Kanawha River. On the 27th Early's force -reached Staunton on its march down the Valley. It now amounted to ten -thousand infantry and about two thousand cavalry, having been joined -by Breckinridge, and Colonel Bradley T. Johnson, with a battalion of -Maryland cavalry. The advance was rapid. Railroad bridges were -burned, the track destroyed, and stores captured. The Potomac was -crossed on the 5th and 6th of June, and the move was made through the -gaps of South Mountain to the north of Maryland Heights, which were -occupied by a hostile force. A brigade of cavalry was sent north of -Frederick to strike the railroads from Baltimore to Harrisburg and -Philadelphia, burn the bridges over the Gunpowder, and to cut the -railroad between Washington and Baltimore, and threaten the latter -place. The other troops moved forward toward Monocacy Junction, where -a considerable body of Federal troops under General Wallace was found -posted on the eastern bank of the Monocacy, with an earthwork and two -block-houses commanding both bridges. The position was attacked in -front and on the flank, and it was carried and the garrison put to -flight. Between six and seven hundred unwounded prisoners fell into -our hands, and the enemy's loss in killed and wounded was far greater -than ours, which was about seven hundred. - -An advance was made on the 10th nearly to Knoxville, on the -Georgetown Pike. On the next day it was continued to Washington, with -the hope of getting into the fortifications before they could be -manned. But the heat and the dust impeded the progress greatly. Fort -Stevens was approached soon after noon, and appeared to be lightly -manned, but, before our force could get into the works, a column of -the enemy from Washington filed into them on the right and left, -skirmishers were thrown out in front, and an artillery-fire was -opened on us from a number of batteries. An examination was now made -to determine if it were practicable to carry the defenses by assault. -"They were found to be exceedingly strong, and consisted of what -appeared to be inclosed forts for heavy artillery, with a tier of -lower works in front of each, pierced for an immense number of guns, -the whole being connected by curtains with ditches in front, and -strengthened by palisades and abatis. The timber had been felled -within cannon-range all around and left on the ground, making a -formidable obstacle, and every possible approach was raked by -artillery." As far as the eye could reach, the works appeared to be -of the same impregnable character. The exhaustion of our force, the -lightness of its artillery, and the information that two corps of the -enemy's forces had just arrived in Washington, in addition to the -veteran reserves and hundred-days-men, and the parapets lined with -troops, led us to refrain from making an assault, and to retire -during the night of the 12th. On the morning of the 14th General -Early recrossed the Potomac, bringing off the prisoners captured at -Monocacy and everything else in safety, including a large number of -beef-cattle and horses. There was some skirmishing in the rear -between our cavalry and that which was following us, and on the -afternoon of the 14th there was artillery-firing across the river at -our cavalry watching the fords. Meantime General Hunter had arrived -at Harper's Ferry and united with Sigel, and some skirmishing took -place; but General Early determined to concentrate near Strasburg, so -as to enable him to put the trains in safety, and mobilize his -command to make an attack. On the 22d he moved across Cedar Creek -toward Strasburg, and so posted his force as to cover all the roads -from the direction of Winchester. Learning on the next day that a -large portion of the column sent after him from Washington was -returning, and that the Army of West Virginia, under Crook, including -Hunter's and Sigel's forces, with Averill's cavalry, was at -Kernstown, he determined to attack at once. - -After the enemy's skirmishers had been driven in, it was discovered -that his left flank was exposed, and General Breckinridge was ordered -to move Echols's division undercover of some ravines on our right and -attack that flank. The attacking division struck the enemy's left -flank in open ground, doubling it up and throwing his whole line into -great confusion. The other divisions then advanced, and his rout -became complete. He was pursued by the infantry and artillery beyond -Winchester. Our loss was very light; his loss in killed and wounded -was severe. The whole defeated force crossed the Potomac, and took -refuge at Maryland Heights and Harper's Ferry. The road was strewed -with debris of the rapid retreat--twelve caissons and seventy-two -wagons having been abandoned, and most of them burned. - -On the 26th the Confederate force moved to Martinsburg: - - "While at Martinsburg," says General Early in his memoir, "it was - ascertained beyond all doubt that Hunter had been again indulging in - his favorite mode of warfare, and that, after his return to the - Valley, while we were near Washington, among other outrages, the - private residences of Mr. Andrew Hunter, a member of the Virginia - Senate, Mr. Alexander R. Boteler, an ex-member of the Confederate - Congress, as well as of the United States Congress, and Edmund I. - Lee, a distant relative of General Lee, all in Jefferson County, with - their contents, had been burned by his orders, only time enough being - given for the ladies to get out of the houses. A number of towns in - the South, as well as private country-houses, had been burned by - Federal troops, and the accounts had been heralded forth in some of - the Northern papers in terms of exaltation, and gloated over by their - readers, while they were received with apathy by others. I now came - to the conclusion that we had stood this mode of warfare long enough, - and that it was time to open the eyes of the people of the North to - its enormity by an example in the way of retaliation. I did not - select the cases mentioned as having more merit or greater claims for - retaliation than others, but because they had occurred within the - limits of the country covered by my command, and were brought more - immediately to my attention.[103] - - "The town of Chambersburg was selected as the one on which - retaliation should be made, and McCausland was ordered to proceed - with his brigade and that of Johnson's and a battery of artillery to - that place, and demand of the municipal authorities the sum of one - hundred thousand dollars in gold, or five hundred thousand dollars in - United States currency, as a compensation for the destruction of the - houses named and their contents; and in default of payment to lay the - town in ashes, in retaliation for the burning of those houses and - others in Virginia, as well as for the towns which had been burned in - other Southern States. A written demand to that effect was also sent - to the municipal authorities, and they were informed what would be - the result of a failure or a refusal to comply with it. I desired to - give the people of Chambersburg an opportunity of saving their town, - by making compensation for part of the injury done, and hoped that - the payment of such a sum would have the desired effect, and open the - eyes of people of other towns at the North to the necessity of urging - upon their Government the adoption of a different policy. - - "On July 30th McCausland reached Chambersburg, and made the demand as - directed, reading to such of the authorities as presented themselves - the paper sent by me. The demand was not complied with, the people - stating that they were not afraid of having their town burned, and - that a Federal force was approaching. The policy pursued by our army - on former occasions had been so lenient that they did not suppose the - threat was in earnest at this time, and they hoped for speedy relief. - McCausland, however, proceeded to carry out his orders, and the - greater part of the town was laid in ashes. He then moved in the - direction of Cumberland, but found it defended by a strong force. He - then withdrew and crossed the Potomac, near the mouth of the South - Branch, capturing the garrison and partly destroying the - railroad-bridge. Averill pursued from Chambersburg, and surprised and - routed Johnson's brigade, and caused a loss of four pieces of - artillery and about three hundred prisoners from the whole command." - -Meantime a large force, consisting of the Sixth, Nineteenth, and -Crook's corps, of the Federal army, had concentrated at Harper's -Ferry under Major-General Sheridan. After various manoeuvres, both -armies occupied positions in the neighborhood of Winchester. Early -had about eight thousand five hundred infantry fit for duty, nearly -three thousand mounted men, three battalions of artillery, and a few -pieces of horse-artillery. Sheridan's force, according to the best -information, consisted of ten thousand cavalry, thirty-five thousand -infantry, and artillery that greatly outnumbered ours both in men and -guns. - -On the morning of September 19th, the enemy began to advance in heavy -force on Ramseur's position, on an elevated plateau between Abraham's -Creek and Red Bud Run, about a mile and a half from Winchester, on -the Berryville road. Nelson's artillery was posted on Ramseur's line, -covering the approaches as far as practicable; and Lomax, with -Jackson's cavalry and a part of Johnson's, was on the right, watching -the valley of Abraham's Creek and the Front Royal road beyond, while -Fitzhugh Lee was on the left, across the Red Bud, with cavalry, -watching the interval between Ramseur's left and the Red Bud. These -troops held the enemy's main force in check until Gordon's and -Rodes's divisions arrived, a little after 10 A.M. Gordon was placed -under cover in rear of a piece of woods, behind the interval between -Ramseur's line and the Red Bud. Rodes was directed to form on -Gordon's right, in rear of another piece of woods. Meanwhile, we -discovered very heavy columns, that had been massed under cover -between the Red Bud and the Berryville road, moving to attack Ramseur -on his left flank, while another force pressed him in front. Rodes -and Gordon were immediately hurled upon the flank of the advancing -columns. But Evans's brigade, of Gordon's division, on the extreme -left of our infantry, was forced back through the woods from behind -which it had advanced by a column, which followed to the rear of the -woods and within musket-range of seven pieces of Braxton's artillery. -Braxton's guns stood their ground and opened with canister. The fire -was so well directed that the column staggered, halted, and commenced -falling back. Just then Battle's brigade moved forward and swept -through the woods, driving the enemy before it, while Evans's brigade -was rallied and coöperated. Our advance was resumed, and the enemy's -attacking columns, the Sixth and Nineteenth Corps, were thrown into -great confusion and fled from the field. General Early exclaims, "It -was a grand sight to see this immense body hurled back in utter -disorder before my two divisions, numbering very little over five -thousand muskets!" This affair occurred about 11 A.M., and a splendid -victory had been gained. But the enemy still had a fresh corps which -had not been engaged, and there remained his heavy force of cavalry. -Our lines were now formed across from Abraham's Creek to Red Bud, and -were very attenuated. There was still seen in front a formidable -force, and away to the right a division of cavalry massed, with some -artillery overlapping us at least a mile. Late in the afternoon, two -divisions of the enemy's cavalry drove in the small force that had -been watching it on the Martinsburg road, and Crook's corps, which -had not been engaged, advanced at the same time on the north side of -Red Bud and forced back our brigade of infantry and cavalry. A -considerable force of cavalry then swept along the Martinsburg road -to the skirts of Winchester, thus getting in the rear of our left -flank. This was soon driven back by two of Wharton's brigades, and -subsequently another charge of cavalry was also repulsed. But many of -the men in the front line, hearing the fire in the rear, and thinking -they were flanked and about to be cut off, commenced to fall back. At -the same time Crook's corps advanced against our left, and Evans's -brigade was thrown into line to meet it, but, after an obstinate -resistance, that brigade also retired. The whole front line had now -given way, but was rallied and formed behind some old breastworks, -and with the aid of artillery the progress of the enemy's infantry -was arrested. Their cavalry afterward succeeded in getting around on -our left, producing great confusion, for which there was no remedy. -We now retired through Winchester, a new line was formed, and the -hostile advance checked until nightfall. We then retired to Newton -without serious molestation. Our trains, stores, sick, and wounded -that could be removed had been sent to Fisher's Hill. This battle, -beginning with the skirmishing in Ramseur's front, had lasted from -daylight until dark, and, at the close of it, we had been forced back -two miles, after having repulsed the first attack with great -slaughter, and subsequently contested every inch of ground with -unsurpassed obstinacy. We deserved the victory, and would have gained -it but for the enemy's immense superiority in cavalry. In his memoir -General Early says: - - "When I look back to this battle, I can but attribute my escape from - utter annihilation to the incapacity of my opponent." - -Our loss was severe for the size of our force, but only a fraction of -that ascribed to us by the foe, while his was very heavy, and some -prisoners fell into our hands. - -On the 22d, after two days spent in reconnoitering, the enemy -prepared to make an attack upon our position at Fisher's Hill; but, -as our force was not strong enough to resist a determined assault, -orders were given to retire after dark. Before sunset, however, an -advance was made against Ramseur's left by Crook's corps. The -movement to put Pegram's brigades into line successively to the left -produced some confusion, when the enemy advanced along his entire -line, and, after a brief contest, our force retired in disorder. We -fell back to a place called Narrow Passage, all the trains being -removed in safety. Some skirmishing ensued as we withdrew up the -Valley, but without important result. - -On October 1st our force was in position between Mount Sidney and -North River, and the enemy's had been concentrated around -Harrisonburg and on the north bank of the river. On the 5th we were -reënforced by General Rosser with six hundred mounted men, and -Kershaw's division, numbering twenty-seven hundred muskets, with a -battalion of artillery. On the morning of the 6th it was discovered -that the foe had retired down the Valley. General Early then moved -forward and arrived at New Market with his infantry on the 7th. -Rosser pushed forward on the back and middle roads in pursuit of the -cavalry, which was engaged in burning houses, mills, barns, and -stacks of wheat and hay, and had several skirmishes with it. - -A committee, consisting of thirty-six citizens and the same number of -magistrates, appointed by the County Court of Rockingham County, for -the purpose of making an estimate of the losses of that county by the -execution of General Sheridan's orders, made an investigation, and -reported as follows: - - "Dwelling-houses burned, 30; barns burned, 450; mills burned, 31; - fences destroyed (miles), 100; bushels of wheat destroyed, 100,000; - bushels of corn destroyed, 50,000; tons of hay destroyed, 6,233; - cattle carried off, 1,750; horses carried off, 1,750; sheep carried - off, 4,200; hogs carried off, 3,350; factories burned, three; - furnaces burned, one. In addition there was an immense amount of - farming utensils of every description destroyed, many of them of - great value, such as reapers and thrashing-machines; also, household - and kitchen furniture, and money, bonds, plate, etc., pillaged." - -General Early, having learned that Sheridan was preparing to send a -part of his troops to Grant, moved down the Valley again on the 12th, -and reached Fisher's Hill. The enemy was found on the north bank of -Cedar Creek in strong force. He gave no indication of an intention to -move, nor did he evince any purpose of attacking us, though the two -positions were in sight of each other. At the same time it became -necessary for us to move back for want of provisions and forage, or -to attack him in his position with the hope of driving him from it. -An attack was determined upon by General Early, and, as he was not -strong enough to assault the fortified position in front, he resolved -to get around one of the enemy's flanks and attack him by surprise. -His plan of attack is thus stated by him: - - "I determined to send the three divisions of the Second Corps, to - wit, Gordon's, Ramseur's, and Pegram's, under General Gordon, to the - enemy's rear, to make the attack at 5 A.M., which would be a little - before daybreak on the 19th; to move myself with Kershaw's and - Wharton's divisions and all the artillery along the pike through - Strasburg, and attack the enemy on the front and left flank, as soon - as Gordon should become engaged, and for Bosser to move with his own - and Wickham's brigade on the back road across Cedar Creek, and attack - the enemy's cavalry simultaneously with Gordon's attack, while Lomax - should move by Front Royal, cross the river, and come to the Valley - pike, so as to strike the enemy wherever he might be, of which he was - to judge by the sound of the firing." - -Gordon moved at the appointed time. At 1 A.M. Kershaw and Wharton, -accompanied by General Early, advanced. At Strasburg, Kershaw moved -to the right on the road to Bowman's Mill, and Wharton moved along -the pike to Hupp's Hill, with instructions not to display his forces, -but to avoid notice until the attack began, when he was to move -forward, support the artillery when it came up, and send a force to -get possession of the bridge on the pike over the creek. Kershaw's -division got in sight of the enemy at half-past three o'clock. He was -directed to cross his division at the proper time over the creek as -quietly as possible, and to form it into column of brigades as he did -so, and advance in that manner against the left breastwork, extending -to the right or left as might be necessary. At half-past four he was -ordered forward, and, a very short time after he started, the firing -from Bosser on our left and the picket-firing at the ford at which -Gordon was crossing were heard. Kershaw crossed the creek without -molestation and formed his division as directed, and precisely at -five o'clock his leading brigade, with little opposition, swept over -the left work, capturing seven guns, which were at once turned on the -enemy. At the same time Wharton and the artillery were just arriving -at Hupp's Hill, and a very heavy fire of musketry was heard in the -rear from Gordon's column. Wharton had advanced his skirmishers to -the creek, capturing some prisoners, but the foe still held the works -on our left of the pike, commanding that road and the bridge, and -opened with his artillery on us. Our artillery was at once brought -into action, and opened on the enemy, but he soon evacuated his -works, and our men from the other columns rushed into them. Wharton -was immediately ordered forward, Kershaw's division had swept along -the enemy's works on the right of the pike, which were occupied by -Crook's corps, and he and Gordon had united at the pike, and their -divisions had pushed across it in pursuit. A delay of an hour at the -river had occurred in Gordon's movement, which enabled Sheridan -partially to form his lines after the alarm produced by Kershaw's -attack; and Gordon's, which was after daylight, was therefore met -with greater obstinacy by the enemy than it would otherwise have -encountered, and the fighting had been severe. Gordon, however, -pushed his advance with such energy, that the Nineteenth and Crook's -corps were in complete rout, and their camps, with a number of pieces -of artillery and a considerable quantity of small-arms, abandoned. -The Sixth Corps, which was on the right, and some distance from the -point attacked, had had time to get under arms and take position so -as to arrest our progress. A fog which had prevailed soon rose -sufficiently for us to see the Sixth Corps' position on a ridge to -the west of Middletown, and it was discovered to be a strong one. The -enemy had not advanced, but opened on us with artillery, and orders -were given to concentrate all our guns on him. In the mean time a -force of cavalry was moving along the pike, through the fields to the -right of Middletown, thus placing our right and rear in great danger. -Wharton was ordered to form his division at once, and take position -to hold that cavalry in check. Discovering that the Sixth Corps could -not be attacked with advantage on its left flank, because the -approach in that direction was through an open flat and across a -boggy stream with high banks, Gordon in conjunction with Kershaw was -ordered to assail the right flank, while a heavy fire of artillery -was opened from our right. In a short time eighteen or twenty guns -were concentrated on the enemy, and he was soon in retreat. Ramseur -and Pegram advanced at once to the position from which he was driven, -and just then his cavalry commenced pressing heavily on the right, -and Pegram's division was ordered to move to the north of Middletown -and take position across the pike against the cavalry. As soon as -Pegram moved, Kershaw was ordered from the left to supply his place. -Bosser had attacked the enemy promptly at the appointed time, but had -not been able to surprise him, as he was found on the alert on that -flank. There was now one division of cavalry threatening our right -flank, and two were on the left near the Back road, held in check by -Bosser. His force was so weak he could only watch. - -After he had been driven from his second position, the enemy had -taken a new one about two miles north of Middletown. An advance by -Gordon and Kershaw and Ramseur was ordered, but, after it had been -made for some distance, Gordon's skirmishers came back, reporting a -line of battle in front, behind breastworks, and an attack was not -made. - - "It was now apparent that it would not do," says General Early, "to - press my troops farther. They had been up all night and were much - jaded. In passing over rough ground to attack the enemy at dawn their - own ranks had been much disordered and the men scattered, and it had - required time to reform them. Their ranks were much thinned by the - absence of the men engaged in plundering the enemy's camps." - -It was determined, therefore, to try to hold what had been gained, -and orders were given to carry off the captured and abandoned -artillery, small-arms, and wagons. A number of bold attempts were -made, during the subsequent part of the day, by the enemy's cavalry, -to break our line on the right, but they were invariably repulsed. -Late in the afternoon, his infantry advanced against Ramseur's, -Kershaw's, and Gordon's lines, and the attack on Ramseur's and -Kershaw's fronts was handsomely repulsed; but a portion of the -assailants had penetrated an interval which was between Evans's -brigade on the extreme left and the rest of the line, when that -brigade gave way, and Gordon's other brigades soon followed. General -Gordon made every possible effort to rally his men and lead them -back, but without avail. This affair was soon known with -exaggerations along Kershaw's and Ramseur's lines, and their men, -fearing to be flanked, began to fall back in disorder, though no -force was pressing them. At the same time the enemy's cavalry, -observing the disorder in our ranks, made another charge on our -right, but was again repulsed. Every effort was made to rally the -men, but the mass of them continued to resist all appeals. Ramseur -succeeded in retaining with him two or three hundred men of his -division, and about the same number was retained by Major Goggin from -Conner's brigade; these, aided by several pieces of artillery, held -the whole force on our left in check for one hour and a half until -Ramseur was shot down, and the ammunition of the artillery was -exhausted. While the latter was being replaced by other guns, the -force that had continued steady gave way also. Pegram's and Wharton's -divisions and Wofford's brigade had remained steadfast on the right, -and resisted every effort of the cavalry, but no portion of this -force could be moved to the left without leaving the pike open to the -cavalry, which would have destroyed all hope at once. Every effort to -rally the men in the rear having failed, these troops were ordered to -retire. The disorder soon extended to them. The greater part of the -infantry was halted at Fisher's Hill, and Rosser, whose command had -retired in good order on the Back road, was ordered to that point -with his cavalry to cover the retreat, and hold that position until -the troops were beyond pursuit. He fell back on the forenoon of the -20th, when the enemy had not advanced to that place. The troops were -halted at Newmarket, seven miles from Mount Jackson. Our loss in the -battle of Cedar Creek was twenty-three pieces of artillery, some -ordnance, and medical wagons and ambulances, about 1,860 killed and -wounded, and something over a thousand prisoners; 1,500 prisoners -were captured from the enemy and brought off, and his loss in killed -and wounded was very heavy. We had in this battle about 8,500 muskets -and a little over forty pieces of artillery. Sheridan's cavalry -numbered 8,700, and his infantry force was fully as large as at -Winchester. - -Subsequently General Early confronted Sheridan's whole force north of -Cedar Creek for two days, November 11th and 12th, without an attack -being made upon him. On November 27th the fortified post at New Creek -on the Baltimore and Ohio Railroad was surprised and captured by -General Rosser. Two regiments of Federal cavalry with their arms and -colors were taken, and eight pieces of artillery and a very large -amount of ordnance, quartermaster, and commissary stores fell into -our hands. Eight hundred prisoners, four pieces of artillery, and -some wagons and horses were brought off. When the campaign closed, -the invader held precisely the same position in the Valley which he -held before the opening of the campaign in the spring. - -In the Red River country of Louisiana, it became certain in February, -1864, that the enemy was about to make an expedition against our -forces under General Richard Taylor, not so much to get possession of -the country as to obtain the cotton in that region. Their forces were -to be commanded by Major-General Banks, and to consist of his -command, augmented by a part of Major-General Sherman's army from -Vicksburg, and accompanied by a fleet of gunboats under Admiral -Porter. With these the force under General Steele, in Arkansas, was -to coöperate. Taylor's forces at this time consisted of Harrison's -mounted regiment with a four-gun battery, in the north toward Monroe; -Mouton's brigade, near Alexandria; Polignac's, at Trinity, on the -Washita, fifty-five miles distant; Walker's division, at Marksville -and toward Simmsport, with two hundred men detached to assist the -gunners at Fort De Russy, which, though still unfinished, contained -eight heavy guns and two field-pieces. Three companies of mounted men -were watching the Mississippi, and the remainder of a regiment was on -the Têche. - -On March 12th Admiral Porter, with nineteen gunboats and ten thousand -men of Sherman's army, entered the Red River. A detachment on the -14th marched to De Russy and took possession of it. On the 15th the -advance of Porter reached Alexandria, and on the 19th General -Franklin left the lower Têche with eighteen thousand men to meet him. -General Steele, in Arkansas, reported his force at seven thousand -men. The force of General Taylor at this time had increased to five -thousand and three hundred infantry, five hundred cavalry, and three -hundred artillerymen; and Liddel on the north had about the same -number of cavalry and a four-gun battery. Some reënforcements were -soon received. On March 31st Banks's advance reached Natchitoches, -and Taylor moved toward Pleasant Hill, arriving on the next day. On -April 4th and 5th. He moved to Mansfield, concentrating his force in -that vicinity. There two brigades of Missouri infantry and two of -Arkansas, numbering four thousand and four hundred muskets, joined -him. On April 7th the enemy were reported from Pleasant Hill to be -advancing in force, but their progress was arrested by a body of our -cavalry. - -General Taylor then selected his position in which to wait for an -attack expected on the next day. It was in the edge of a wood, -fronting an open field eight hundred yards in width and twelve -hundred in length, through the center of which the road to Pleasant -Hill passed. On the opposite side of the field was a fence separating -it from the pine-forest, which, open on the higher ground and filled -with underwood on the lower, spread over the country. The position -was three miles in front of Mansfield, and covered a cross-road -leading to the Sabine. On each side of the main Mansfield-Pleasant -Hill road at two miles' distance, was a road parallel to it, and -these were connected by this Sabine cross-road. - -On the 8th General Taylor disposed, on the right of the road to -Pleasant Hill, Walker's infantry division of three brigades with two -batteries; on the left, Mouton's two brigades and two batteries. As -the horsemen came in from the front, they took position, dismounted, -on Mouton's left. A regiment of horsemen was posted on each of the -parallel roads, and cavalry with a battery held in reserve on the -main road. Taylor's force amounted to 5,300 infantry, 3,000 mounted -men, and 500 artillerymen; total, 8,800. Banks left Grand Ecore with -an estimated force of 25,000. - -As the enemy showed no disposition to advance, a forward movement of -the whole line was made. On the left our forces crossed the field -under a heavy fire and entered the wood, where a bloody contest -ensued, which resulted in gradually turning their right, which was -forced back with loss of prisoners and guns. On the right little -resistance was encountered until the wood was entered. Finding that -our force outflanked the opponent's left, the right brigade was kept -advanced, and we swept everything before us. - -His first line, consisting of all the mounted force and one division -of the Thirteenth Corps, was in full flight, leaving prisoners, guns, -and wagons in our hands. Two miles to the rear of the first position, -the Second Division of the Federal Thirteenth Corps was brought up, -but was speedily routed, losing guns and prisoners. The advance was -continued. Four miles from the original position, his Nineteenth Army -Corps was found drawn up on a ridge overlooking a small stream. Sharp -work followed, but, as our force persisted, his fell back at -nightfall. Twenty-five hundred prisoners, twenty pieces of artillery, -several stands of colors, many thousands of small-arms, and two -hundred and fifty wagons, were taken. - -On the next morning the enemy was found about a mile in front of -Pleasant Hill, which occupies a plateau a mile wide from west to east -along the Mansfield road. His lines extended across the plateau from -the highest ground on the west, his left, to a wooded height on the -right of the Mansfield road. Winding along in front of this position -was a dry gully cut by winter rains, bordered by a thick growth of -young pines. This was held by his advanced infantry, his main line -and guns being on the plateau. The force of General Taylor-- -Churchill's brigade having joined him now--amounted to twelve -thousand five hundred men against eighteen thousand of General Banks, -among them the fresh corps of General A. J. Smith. The action -commenced about 4.30 P.M. It was the plan of General Taylor, as no -offensive movement on the part of the enemy was anticipated, to turn -both his flanks and subject him to a concentric fire and overwhelm -him. The right was successfully turned, but our force on his left did -not proceed far enough to outflank him. An obstinate contest ensued, -with much confusion, and failure to execute the plan of battle. Night -ended the conflict on our right, and both sides occupied their -original positions. General Banks made no attempt to recover the -ground from which his right and center had been driven. During the -night he retreated, leaving four hundred wounded, and his dead -unburied. On the next morning he was pursued twenty miles before his -rear was overtaken, and on the road were found stragglers, and -burning wagons and stores. Our loss in the two actions of Mansfield -and Pleasant Hill was twenty-two hundred. At Pleasant Hill the loss -was three guns and four hundred and twenty-six prisoners. The loss of -the enemy in killed and wounded was larger than ours. We captured -twenty guns and twenty-eight hundred prisoners, not including -stragglers. Their campaign was defeated. In the second volume of the -"Report of the Committee on the Conduct of the War," page 239, a -report of Admiral Porter, dated Grand Ecore, April 14, 1864, says: - - "The army here has met with a great defeat, no matter what the - generals try to make of it," etc. - -On April 21st General Banks retreated from Grand Ecore to Alexandria, -harassed by a small cavalry force. A large part of our forces had -been taken by General E. K. Smith to follow General Steele. On April -28th Porter's fleet was lying above the falls, then impassable, and -Banks's army was in and around Alexandria behind earthworks. On May -13th both escaped from Alexandria, and on May 19th Banks crossed the -Atchafalaya, and the campaign closed at the place where it began. -Porter was able to extricate his eight ironclads and two wooden -gunboats by building a dam with transports, as shown in the adjoining -cut. General Banks boasted that the army obtained ten thousand bales -of cotton, to which Admiral Porter added five thousand more as -collected by the navy. This was the compensation reported for the -loss of many lives, much public property, and a total defeat. Even -for the booty as well as for the escape of their fleet, they were -probably indebted to the unfortunate withdrawal of a large part of -Taylor's force, as mentioned above.[104] - -On April 12, 1864, an attack was made by two brigades of General N. -B. Forrest's force, under Brigadier-General J. R. Chalmers, upon Fort -Pillow. This was an earthwork on a bluff on the east side of the -Mississippi, at the mouth of Coal Creek. It was garrisoned by four -hundred men and six pieces of artillery. General Chalmers promptly -gained possession of the outer works and drove the garrison to their -main fortifications. The fort was crescent-shaped, the parapet eight -feet in height and four feet across the top, surrounded by a ditch -six feet deep and twelve feet in width. About this time General -Forrest arrived and soon ordered his forces to move up. The brigade -of Bell, on the northeast, advanced until it gained a position in -which the men were sheltered by the conformation of the ground, which -was intersected by a ravine. The other brigade, under McCulloch, -carried the intrenchments on the highest part of the ridge, -immediately in front of the southeastern face of the fort, and -occupied a cluster of cabins on its southern face and about sixty -yards from it. The line of investment was now short and complete, -within an average distance of one hundred yards. It extended from -Coal Creek on the north, which was impassable, to the river-bank -south of the fort. In the rear were numerous sharpshooters, well -posted on commanding ridges, to pick off the garrison whenever they -exposed themselves. At the same time, our forces were so placed that -the artillery could not be brought to bear upon them with much effect -except by a fatal exposure of the gunners. During all this time a -gunboat in the river kept up a continuous fire in all directions, but -without effect. General Forrest, confident of his ability to take the -fort by assault, which it seemed must be perfectly apparent to the -garrison, and desiring to prevent further loss of life, sent a demand -for an unconditional surrender, with the assurance that they should -be treated as prisoners of war. The answer was written with a pencil -on a slip of paper, "Negotiations will not attain the desired -object." Meantime, three boats were seen to approach, the foremost of -which was apparently loaded with troops, and, as an hour's time had -been asked for to communicate with the officers of the gunboat, it -seemed to be a pretext to gain time for reënforcements. General -Forrest, understanding also that the enemy doubted his presence and -had pronounced the demand to be a trick, declared himself, and -demanded an answer within twenty minutes whether the commander would -fight or surrender. Meanwhile, the foremost boat indicated an -intention to land, but a few shots caused her to withdraw to the -other side of the river, along which they all passed up. The answer -from the fort was a positive refusal to surrender. Three companies on -the left were now placed in an old rifle-pit and almost in the rear -of the fort, and on the right a portion of Barton's regiment of -Bell's brigade was also under the bluff and in the rear of the fort. - -On the signal, the works were carried without a halt. As the troops -poured into the fortification the enemy retreated toward the river, -arms in hand and firing back, and their colors flying, doubtless -expecting the gunboats to shell us away from the bluff and protect -them until they could be taken off or reënforced. As they descended -the bank an enfilading and deadly fire was poured in upon them from -right and left by the forces in rear of the fort, of whose presence -they were ignorant. To this was now added the destructive fire of the -regiments that had stormed the fort. Fortunately some of our men cut -down the flag, and the firing ceased. Our loss was twenty killed and -sixty wounded. Of the enemy two hundred and twenty-eight were buried -that evening and quite a number next day. We captured six pieces of -artillery and about three hundred and fifty stand of small-arms. The -gunboat escaped up the river. - - -[Footnote 102: I. Stoddard Johnston, "Southern Historical Society -Papers," June, 1879, p. 258, _et seq_.] - -[Footnote 103: "I had often seen delicate ladies who had been plundered, -insulted, ind rendered desolate by the acts of our most atrocious -enemies, and, while they did not call for it, yet in the anguished -expressions of their features while narrating their misfortunes, -there was a mute appeal to every manly sentiment of my bosom for -retribution, which I could no longer withstand. On my passage through -the lower Valley into Maryland, a lady had said to me, with tears in -her eyes: 'Our lot is a hard one, and we see no peace; but there are -a few green spots in our lives, and they are when the Confederate -soldiers come along and we can do something far them.' May God defend -and bless these noble women of the Valley, who so often ministered to -the wounded, sick, and dying Confederate soldiers, and gave their -last morsel of bread to the hungry! They bore with heroic courage the -privations, sufferings, persecutions, and dangers to which the war, -which was constantly waged in their midst, exposed them, and upon no -portion of the Southern people did the disasters, which finally -befell our army and country, fall with more crushing effect than on -them."] - -[Footnote 104: "Destruction and Reconstruction," Taylor, p. 162, _et. -seq_.] - - - - -CHAPTER XLVIII. - - Assignment of General J. E. Johnston to the Command of the Army of - Tennessee.--Condition of his Army.--An Offensive Campaign - suggested.--Proposed Objects to be accomplished.--General - Johnston's Plans.--Advance of Sherman.--The Strength of the - Confederate Position.--General Johnston expects General Sherman to - give Battle at Dalton.--The Enemy's Flank Movement via Snake Creek - Gap to Resaca.--Johnston falls back to Resaca.--Further Retreat to - Adairsville.--General Johnston's Reasons.--Retreat to Cassville.-- - Projected Engagement at Kingston frustrated.--Retreat beyond the - Etowah River.--Strong Position at Alatoona abandoned.--Nature of - the Country between Marietta and Dallas.--Engagements at New Hope - Church.--Army takes Position at Kenesaw.--Senator Hill's Letter.-- - Death of Lieutenant-General Polk.--Battle at Kenesaw Mountain.-- - Retreat beyond the Chattahoochee.--Results reviewed.--Popular - Demand for Removal of General Johnston.--Reluctance to remove him.-- - Reasons for Removal.--Assignment of General J. B. Hood to the - Command.--He assumes the Offensive.--Battle of Peach-tree Creek.-- - Death of General W. H. T. Walker.--Sherman's Movement to - Jonesboro.--Defeat of Hardee.--Evacuation of Atlanta.--Sherman's - Inhuman Order.--Visit to Georgia.--Suggested Operations.--Want of - coöperation by the Governor of Georgia.--Conference with Generals - Beauregard, Hardee, and Cobb, at Augusta.--Departure from Original - Plan.--General Hood's Movement against the Enemy's Communications.-- - Partial Successes.--Withdrawal of the Army to Gadsden and Movement - against Thomas.--Sherman burns Atlanta and begins his March to the - Sea.--Vandalism.--Direction of his Advance.--General Wheeler's - Opposition.--His Valuable Service.--Sherman reaches Savannah.-- - General Hardee's Command.--The Defenses of the City.--Assault and - Capture of Fort McAlister.--The Results.--Hardee evacuates Savannah. - - -On December 16, 1863, I directed General J. E. Johnston to transfer -the command of the Department of Mississippi and East Louisiana to -Lieutenant-General Polk, and repair to Dalton, Georgia, to assume -command of the Army of Tennessee, representing at that date an -effective total of 43,094. My information led me to believe that the -condition of that army, in all that constitutes efficiency, was -satisfactory, and that the men were anxious for an opportunity to -retrieve the loss of prestige sustained in the disastrous battle of -Missionary Ridge. I was also informed that the enemy's forces, then -occupying Chattanooga, Bridgeport, and Stevenson, with a detached -force at Knoxville, were weaker in numbers than at any time since the -battle of Missionary Ridge, and that they were especially deficient -in cavalry and in artillery and train-horses. I desired, therefore, -that prompt and vigorous measures be taken to enable our troops to -commence active operations against the enemy as early as practicable. -It was important to guard against the injurious results to the morale -of the troops, which always attend a prolonged season of inactivity; -but the recovery of the territory in Tennessee and Kentucky, which we -had been compelled to abandon, and on the supplies of which the -proper subsistence of our armies mainly depended, imperatively -demanded an onward movement. I believed that, by a rapid -concentration of our troops between the scattered forces of the -enemy, without attempting to capture his intrenched positions, we -could compel him to accept battle in the open field, and that, should -we fail to draw him out of his intrenchments, we could move upon his -line of communications. The Federal force at Knoxville depended -mainly for support on its connection with that at Chattanooga, and -both were wholly dependent on uninterrupted communication with -Nashville. Could we, then, by interposing our force, separate these -two bodies of the enemy, and cut off his communication from Nashville -to Chattanooga by destroying the railroad, both conditions were -fulfilled. Of the practicability of this movement I had little doubt; -of its expediency, if practicable, there could be none. I impressed -repeatedly upon General Johnston by letter, and by officers of my -staff and others, sent to him by me for the purpose of putting him in -possession of these views, the importance of a prompt aggressive -movement by the Army of Tennessee. The following were among the -considerations presented to General Johnston, at my request, by -Brigadier-General W. N. Pendleton, chief of artillery of the Army of -Northern Virginia, on April 16, 1864: - -1. To take the enemy at disadvantage while weakened, it is believed, -by sending troops to Virginia, and having others still absent on -furlough. - -2. To break up his plans by anticipating and frustrating his -combinations. - -3. So to press him in his present position as to prevent his heavier -massing in Virginia. - -4. To defeat him in battle, and gain great consequent strength in -supplies, men, and productive territory. - -5. To prevent the waste of the army incident to inactivity. - -6. To inspirit the troops and the country by success, and to -discourage the enemy. - -7. To obviate the necessity of falling back, which might probably -occur if our antagonist be allowed to consummate his plans without -molestation. - -General Johnston cordially approved of an aggressive movement, and -informed me of his purpose to make it as soon as reënforcements and -supplies, then on the way, should reach him. He did not approve the -proposed advance into Tennessee. He believed that the Federal forces -in Tennessee were not weaker, but if anything stronger, than at -Missionary Ridge; that defeat beyond the Tennessee would probably -prove ruinous to us, resulting in the loss of his army, the -occupation of Georgia by the enemy, the "piercing of the Confederacy -in its vitals," and the loss of all the southwestern territory. He -proposed, therefore, to stand on the defensive until strengthened, -"to watch, prepare, and strike" as soon as possible. As soon as -reënforced, he declared his purpose to advance to Ringgold, attack -there, and, if successful, as he expected to be, to strike at -Cleveland, cut the railroad, control the river, and thus isolate East -Tennessee, and, as a consequence, force his antagonist to give battle -on this side of the Tennessee River. Simultaneously with, and in aid -of, this movement, General Johnston proposed that a large cavalry -force should be sent to Middle Tennessee, in the rear of the enemy. -These operations, he thought, would result in forcing the Federal -army to evacuate the Tennessee Valley, and make an advance into the -heart of the State safely practicable. - -The irreparable loss of time in making any forward movement as -desired having sufficed for the combinations which rendered an -advance across the Tennessee River no longer practicable, I took -prompt measures to enable General Johnston to carry out immediately -his own proposition to strike first at Ringgold and then at -Cleveland, proposing that General Buckner should threaten Knoxville, -General Forrest advance into or threaten Middle Tennessee, and -General Roddy hold the enemy in northern Alabama, and thus prevent -his concentration in our front. This movement, although it held out -no such promise as did the plan of advance before the enemy had had -time to make his combinations, might have been attended with good -results had it been promptly executed. But no such movement was made -or even attempted. General Johnston's belief that General Grant would -be ready to assume the offensive before he could be prepared to do -so, proved too well founded, while his purpose, if the Federal army -did not attack, that we should prepare and take the initiative -ourselves, was never carried out.[105] - -On the morning of May 2, 1864, General Johnston discovered that the -enemy, under the command of General Sherman, was advancing against -him, and two days subsequently it was reported that he had reached -Ringgold (about fifteen miles north of Dalton) in considerable force. - -At this date the official returns show that the effective strength of -the Army of Tennessee, counting the troops actually in position at -Dalton and those in the immediate rear of that place, was about fifty -thousand. When to these is added General Polk's command (then _en -route_), and the advance of which joined him at Resaca, the effective -strength of General Johnston's army was not less than 68,620 men of -all arms, excluding from the estimate the thousands of men employed -on extra duty, amounting, as General Hood states, to ten thousand -when he assumed command of the army. - - - Army at Dalton, May 1, 1864, according to General - Johnston's estimates[106] . . . . . . . . . . . . 37,652 infantry. - 2,812 artillery. - 2,392 cavalry. - Mercer's brigade, joined May 2d . . . . . . . . . 2,000 infantry. - Thirty-seventh Mississippi Regiment, _en route_ 400 " - Dibrell's and Harrison's brigades in rear, - recruiting their horses . . . . . . . . . . . . . 2,336 cavalry. - Martin's division at Cartersville . . . . . . . . 1,700 " - ------ - 49,292 - Polk's command . . . . . . . . . . . . . . . . . . 19,330 - ------ - Total effective . . . . . . . . . . . . . . . . . 68,620 - -To enable General Johnston to repulse the hostile advance and assume -the offensive, no effort was spared on the part of the Government. -Almost all the available military strength of the south and west, in -men and supplies, was pressed forward and placed at his disposal. The -supplies of the commissary, quartermaster, and ordnance departments -of his army were represented as ample and suitably located. The -troops, encouraged by the large accessions of strength which they saw -arriving daily, and which they knew were marching rapidly to their -support, were eager to advance, and confident in their power to -achieve victory and recover the territory which they had lost. Their -position was such as to warrant the confident expectation of -successful resistance at least. Long mountain-ranges, penetrated by -few and difficult roads and paths, and deep and wide rivers, seemed -to render our position one from which we could not be dislodged or -turned, while that of the enemy, dependent for his supplies upon a -single line of railroad from Nashville to the point where he was -operating, was manifestly perilous. The whole country shared the hope -which the Government entertained, that a decisive victory would soon -be won in the mountains of Georgia, which would free the south and -west from invasion, would open to our occupation and the support of -our armies the productive territory of Tennessee and Kentucky, and so -recruit our army in the West as to render it impracticable for the -enemy to accumulate additional forces in Virginia. - -On May 6th the Confederate forces were in position in and near -Dalton, which point General Johnston believed that General Sherman -would attack with his whole force. This belief seems to have been -held by General Johnston until the evening of May 12th, when, having -previously learned the proximity of the advance of Lieutenant-General -Polk's command, and that the rest of his troops were hurrying forward -to reënforce him, but discovering that the main body of Sherman's -army was moving round his left flank, via Snake-Creek Gap to Resaca, -under cover of Rocky-Face Mountain, he withdrew his troops from -Dalton and fell back on Resaca, situated on the Western and Atlantic -Railroad, eighteen miles south of Dalton on a peninsula formed by the -junction of the Oostenaula and Conasauga Rivers. The Confederate -position at this place was strengthened by continuous rifle-pits and -strong field-works, by which it was protected on the flanks on the -above-named rivers, and a line of retreat across the Oostenaula -secured. Information, on May 15th, that the right of the Federal army -was crossing the Oostenaula near Calhoun (four miles south of -Resaca), thus threatening his line of communications, induced General -Johnston to fall back from Resaca toward Adairsville, thirteen miles -south on the railroad. General Johnston, in accounting for his -abandonment of his strong position at Dalton, and of his subsequent -position at Resaca, states that he was dislodged from the first -position--that in front of Dalton--by General Sherman's movement to -his right through Snake-Creek Gap, threatening our line of -communication at Resaca; and from the position taken at Resaca to -meet that movement, by a similar one on the part of the Federal -General toward Calhoun--the second being covered by the river, as -the first had been by the mountains. - -After abandoning Resaca, General Johnston hoped to find a good -position near Calhoun; but, finding none, he fell back to a position -about a mile north of Adairsville, where the valley of the Oothcaloga -was supposed from the map to be so narrow that his army, formed in -line of battle across it, could hold the heights on both flanks. On -reaching this point, however, it was found that the valley was so -much broader than was supposed, that the army, in line of battle, -could not obtain the anticipated advantage of ground. Hence a further -retreat to Cassville was ordered, seventeen miles farther south, and -a few miles to the east of the railroad. Here, supposing that the -Federal army would divide, one column following the railroad through -Kingston and the other the direct road to the Etowah Railroad Bridge -through Cassville, General Johnston hoped that the opportunity would -be offered him to engage and defeat one of the enemy's columns before -it could receive aid from the other, and, as the distance between -them would be greatest at Kingston, he determined to attack at this -point. The coming battle was announced in orders to each regiment of -the army. - -The battle, for causes which were the subject of dispute, did not -take place as General Johnston had originally announced, and, instead -of his attacking the divided columns of the enemy, the united Federal -army was preparing to attack him. Here our army occupied a position -which General Johnston describes as "the best that he saw during the -war," but owing, as he represents, to an expressed want of confidence -on the part of lieutenant-Generals Hood and Polk in their ability to -resist the enemy, the army was again (May 19, 1864) ordered to -retreat beyond the Etowah. - -General Hood, in his official report, and in a book written by him -since the war, takes a very different view of the position in rear of -Cassville, and states that he and General Polk explained that their -corps were on ground commanded and enfiladed by the batteries of the -enemy, therefore wholly unsuited for defense, and, unless it was -proposed to attack, that the position should be abandoned. General -Shoup, a scientific and gallant soldier, confirms this opinion of the -defects of the position, as does Captain Morris, chief-engineer of -the Army of Mississippi, and others then on duty there.[107] - -The next stand of our army was at Alatoona, in the Etowah Mountains, -and south of the river of that name; but the reported extension of -the Federal army toward Dallas, threatening Marietta, was deemed to -necessitate the evacuation of that strong position. The country -between Dallas and Marietta, eighteen miles wide, and lying in a due -westerly direction from the latter place, constitutes a natural -fortress of exceptional strength. Densely wooded, traversed by ranges -of steep hills, seamed at intervals by ravines both deep and rugged, -with very few roads, and those ill constructed and almost impassable -to wheels, it is difficult to imagine a country better adapted for -defense, where the advantages of numerical superiority in an invading -army were more thoroughly neutralized, or where, necessarily ignorant -of the topography, it was compelled to advance with greater caution. - -The engagements at New Hope Church, June 27th and 28th, though severe -and marked by many acts of gallantry, did not result in any advantage -to our army. Falling back slowly as the enemy advanced to Acworth -(June 8th), General Johnston made his next stand in that mountainous -country that lies between Acworth and Marietta, remarkable for the -three clearly defined eminences: Kenesaw Mountain, to the west of the -railroad, and overlooking Marietta; Lost Mountain, half-way between -Kenesaw and Dallas, and west of Marietta; and Pine Mountain, about -half a mile farther to the north, forming, as it were, the apex of a -triangle, of which Kenesaw and Lost Mountains form the base. These -heights are connected by ranges of lower heights, intersected by -numerous ravines, and thickly wooded. The right of our army rested on -the railroad, the line extending four or five miles in a westerly -direction, protected by strong earthworks, with abatis on every -avenue of approach. While the enemy, feeling his way slowly, was -skirmishing on the right of our position, our army, our country, and -mankind at large, sustained an irreparable loss on June 13th in the -death of that noble Christian and soldier, Lieutenant-General Polk. -Having accompanied Generals Johnston and Hardee to the Confederate -outpost on Pine Mountain, in order to acquaint himself more -thoroughly with the nature of the ground in front of the position -held by his corps, he was killed by a shot from a Federal battery six -or seven hundred yards distant, which struck him in the chest, -passing from left to right. Since the calamitous fall of General -Albert Sidney Johnston at Shiloh and of General T. J. Jackson at -Chancellorsville, the country sustained no heavier blow than in the -death of General Polk. - -On June 18th, heavy rains having swollen Nose's Creek on the left of -our position so that it became impassable, the Federal army, under -cover of this stream, extended its lines several miles beyond -Johnston's left flank toward the Chattahoochee, causing a further -retrograde movement by a portion of his force. For several days brisk -fighting occurred at various points of our line. - -The cavalry attack on Wheeler's force on the 20th, the attack upon -Hardee's position on the 24th, and the general assault upon the -Confederate position on the 27th were firmly met and handsomely -repulsed. On the 4th of July, it having been reported by General G. -W. Smith, in command of about a thousand militia, and occupying the -extreme left of our army, that the enemy's "cavalry was pressing him -in such force that he would be compelled to abandon the ground he had -been holding and retire before morning to General Shoup's line of -redoubts," [108] constructed on the high ground near the Chattahoochee -and covering the approaches to the railroad-bridge and Turner's -Ferry, General Johnston deemed it necessary to abandon his position -at Kenesaw on July 5th and fall back to the line constructed by -General Shoup, as the enemy's position covered one of the main roads -to Atlanta, and was nearer to that city than the main body of General -Johnston's force. On the 9th, Sherman having crossed the -Chattahoochee with two corps on the day previous, the Confederate -army crossed that river and established itself two miles in its rear. - -Thus, from Dalton to Resaca, from Resaca to Adairsville, from -Adairsville to Alatoona (involving by the evacuation of Kingston the -loss of Rome, with its valuable mills, foundries, and large -quantities of military stores), from Alatoona to Kenesaw, from -Kenesaw to the Chattahoochee, and then to Atlanta; retreat followed -retreat, during seventy-four days of anxious hope and bitter -disappointment, until at last the Army of Tennessee fell back within -the fortifications of Atlanta. The Federal army soon occupied the arc -of a circle extending from the railroad between Atlanta and the -Chattahoochee River to some miles south of the Georgia Railroad (from -Atlanta to Augusta) in a direction north and northeast of Atlanta. We -had suffered a disastrous loss of territory. - -Whether the superior numerical strength of the enemy, by enabling him -to extend his force beyond the flank of ours, did thereby necessitate -the abandonment of every position taken by our army, and whether the -enemy, declining to assault any of our intrenched camps, would have -ventured to leave it in rear, upon his only line of communication and -supply, or whether we might have obtained more advantageous results -by a vigorous and determined effort to attack him in detail during -some of his many flank movements--are questions upon which there has -been a decided conflict of opinion, and upon which it would be for me -now neither useful nor pleasant to enter. When it became known that -the Army of Tennessee had been successfully driven from one strong -position to another, until finally it had reached the earthworks -constructed for the exterior defense of Atlanta, the popular -disappointment was extreme. The possible fall of the "Gate City," -with its important railroad communication, vast stores, factories for -the manufacture of all sorts of military supplies, rolling-mill and -foundries, was now contemplated for the first time at its full value, -and produced intense anxiety far and wide. From many quarters, -including such as had most urged his assignment, came delegations, -petitions, and letters, urging me to remove General Johnston from the -command of the army, and assign that important trust to some officer -who would resolutely hold and defend Atlanta. While sharing in the -keen sense of disappointment at the failure of the campaign which -pervaded the whole country, I was perhaps more apprehensive than -others of the disasters likely to result from it, because I was in a -position to estimate more accurately their probable extent. On the -railroads threatened with destruction, the armies then fighting the -main battles of the war in Virginia had for some time to a great -degree depended for indispensable supplies, yet I did not respond to -the wishes of those who came in hottest haste for the removal of -General Johnston; for here again, more fully than many others, I -realized how serious it was to change commanders in the presence of -the enemy. This clamor for his removal commenced immediately after it -became known that the army had fallen back from Dalton, and it -gathered volume with each remove toward Atlanta. Still I resisted the -steadily increasing pressure which was brought to bear to induce me -to revoke his assignment, and only issued the order relieving him -from command when I became satisfied that his declared purpose to -occupy the works at Atlanta with militia levies and withdraw his army -into the open country for freer operations, would inevitably result -in the loss of that important point, and where the retreat would -cease could not be foretold. If the Army of Tennessee was found to be -unable to hold positions of great strength like those at Dalton, -Resaca, Etowah, Kenesaw, and on the Chattahoochee, I could not -reasonably hope that it would be more successful in the plains below -Atlanta, where it would find neither natural nor artificial -advantages of position. As soon as the Secretary of War showed me the -answer which he had just received in reply to his telegram to General -Johnston, requesting positive information as to the General's plans -and purposes, I gave my permission to issue the order relieving -General Johnston and directing him to turn over to General Hood the -command of the Army of Tennessee. I was so fully aware of the danger -of changing commanders of an army while actively engaged with the -enemy, that I only overcame the objection in view of an emergency, -and in the hope that the impending danger of the loss of Atlanta -might be averted. - -The following extracts are made from a letter of the Hon. Benjamin H. -Hill, of Georgia, written at Atlanta, October 12, 1878, and handed to -me by the friend to whom it was addressed: - -* * * * * - -"On Wednesday or Thursday, I think the 28th or 29th of June, 1864, a -messenger came to my house, sent, as he said, by General Johnston, -Senator Wigfall, of Texas, and Governor Brown, of Georgia. - -"The purpose of his mission, as he explained, was to persuade me to -write a letter to President Davis urging him to order either Morgan -or Forrest with five thousand men into Sherman's rear, etc. . . . - -"The result of this interview was a determination on my part to go at -once to see General Johnston, and place myself at his service. I -reached his headquarters near Marietta, on the line of the Kenesaw, -on Friday morning, which was the last day of June or the first day of -July. We had a full and free interview, and I placed myself -unreservedly at his disposal. - -"He explained at length that he could not attack General Sherman's -army in their intrenchments, nor could he prevent Sherman from -ditching round his (Johnston's) flank and compelling his retreat. - -"The only method of arresting Sherman's advance was to send a force -into his rear, cut off his supplies, and thus compel Sherman either -to give battle on his (Johnston's) terms or retreat. In either case, -he thought, he could defeat Sherman, and probably destroy his army. - -"I said to him, 'As you do not propose to attack General Sherman in -his intrenchments, could you not spare a sufficient number of your -present army, under Wheeler or some other, to accomplish this work?' - -"He said he could not--that he needed all the force he had in front. - -"He then said that General Morgan was at Arlington, Virginia, with -five thousand cavalry, and, if the President would so order, this -force could be sent into Sherman's rear at once. - -"He also said that Stephen D. Lee had sixteen thousand men under him -in Mississippi, including the troops under Forrest and Roddy, and -that, if Morgan could not be sent, five thousand of those under -Forrest could do the work. Either Morgan or Forrest, with five -thousand men, could compel Sherman to fight at a disadvantage or -retreat, and there was no reason why either should not be sent if the -President should give the order. He explained that he (General -Johnston) had had a consultation with Senator Wigfall and Governor -Brown, the result of which was the messenger to me to secure my -coöperation to influence President Davis to make the order. I -repelled the idea that any influence with the President was needed, -and stated that, if the facts were as General Johnston reported them, -the reënforcement would be sent on his request. - -[Illustration: J. E. Johnston] - -"But the situation was so critical, involving, as I believed and -explained at length to General Johnston, the fate of the Confederacy, -that I said I would go in person to Richmond and lay all the facts -before the President, and I did not doubt he would act promptly. - -"I then said to General Johnston: 'How long can you hold Sherman -north of the Chattahoochee River? This is important, because I must -go to Richmond, and Morgan must go from Virginia or Forrest from -Mississippi, and this will take some time, and all must be done -before Sherman drives you to Atlanta.' General Johnston did not -answer this question with directness, but gave me data which -authorized me to conclude that he could hold Sherman north of the -Chattahoochee River at least fifty-four days, and perhaps sixty days. -I made this calculation with General Johnston's data in his presence, -and told him the result, and he assented to it. When this result was -stated, General Hood, who was present, said, 'Mr. Hill, when we leave -our present line, we will, in my judgment, cross the Chattahoochee -River very rapidly.' 'Why, what makes you think that?' said General -Johnston, with some interest. 'Because,' answered General Hood, 'this -line of the Kenesaw is the strongest line we can get in this country. -If we surrender this to Sherman, he can reconnoiter from its summit -the whole country between here and Atlanta, and there is no such line -of defense in the distance.' - -"'I differ with your conclusion,' said General Johnston. 'I admit -this is a strong line of defense, but I have two more strong lines -between this and the river, from which I can hold Sherman a long -time.' - -"I was delayed _en route_ somewhat, and reached Richmond on Sunday -morning week, which I think was the 9th day of July. I went to the -hotel, and in a few moments was at the Executive mansion. - -"This interview with Mr. Davis I can never forget. - -"I laid before him carefully, and in detail, all the facts elicited -in the conversation with General Johnston, and explained fully the -purpose of my mission. When I had gone through, the President took up -the facts, one by one, and fully explained the situation. I remember -very distinctly many of the facts, for the manner as well as matter -stated by Mr. Davis was impressive. 'Long ago,' said the President, -'I ordered Morgan to make this movement upon Sherman's rear, and -suggested that his best plan was to go directly from Abingdon through -East Tennessee. But Morgan insisted that, if he were permitted to go -through Kentucky and around Nashville, he could greatly recruit his -horses and his men by volunteers. I yielded, and allowed him to have -his own way. He undertook it, but was defeated, and has retreated -back, and is now at Abingdon with only eighteen hundred men, very -much demoralized, and badly provided with horses.' He next read a -dispatch from General Stephen D. Lee, to the effect that A. J, Smith -had left Memphis with fifteen thousand men, intended either as a -reënforcement for Sherman or for an attack on Mobile; that, to meet -this force, he (Lee) had only seven thousand men, including the -commands of Forrest and Roddy. He would like to have reënforcements, -but anyhow, with or without reënforcements, 'he should meet Smith, -and whip him, too.' 'Ah! there is a man for you,' said Mr. Davis. And -he did meet Smith with his inferior force, and whipped him, too. He -next read a dispatch from a commander at Mobile (who, I think, was -General Maury), to the effect that Canby was marching from New -Orleans with twenty thousand men, and A. J. Smith from Memphis with -fifteen thousand, intending to make a combined attack on Mobile. To -meet this force of thirty-five thousand men he had four thousand, and -Lee, with Forrest and Roddy, seven thousand, making eleven thousand -in all. He asked for reënforcements. - -"After going fully through this matter, and showing how utterly -General Johnston was at fault, as to the numbers of troops in the -different commands, the President said, 'How long did you understand -General Johnston to say he could hold Sherman north of the -Chattahoochee River?' From fifty-four to sixty days I said, and -repeated the facts on that subject as above stated. Thereupon the -President read me a dispatch from General Johnston, announcing that -he had crossed or was crossing the Chattahoochee River." - -* * * * * - -"The next day (Monday), Mr. Seddon, the Secretary of War, called to -see me. He asked me to reduce my interview with General Johnston to -writing, for the use of the Cabinet, and I did so, and gave it to -him. Mr. Seddon said he was anxious for General Johnston's removal, -and he was especially anxious because, he said, he was one of those -who was responsible for his appointment. He had urged his appointment -very earnestly, but it was a great mistake, and he desired to do all -he could, even at this late day, to atone for it. The President, he -said, was averse to the removal. He made the appointment against his -own convictions, but thought it a very hazardous thing to remove him -now, and he would not do it, if he could have any assurance that -General Johnston would not surrender Atlanta without a battle. - -"Other members of the Cabinet, I know, had views similar to those -expressed by Mr. Seddon. The question, or rather the situation, was -referred to General Lee, but he declined to give any positive advice, -and expressed regret that so grave a movement as the removal of -General Johnston, under the circumstances existing, should be found -to be necessary." [109] - -* * * * * - - "During all the time, a telegraphic correspondence was kept up with - General Johnston--the object being to ascertain if he would make a - determined fight to save Atlanta. His answers were thought to be - evasive. Finally, the question was put to General Johnston - categorically to this effect: 'Will you surrender Atlanta without a - fight?' To this the answer was regarded as not only evasive, but as - indicating the contemplated contingency of surrendering Atlanta, on - the ground that the Governor of the State had not furnished, as - expected, sufficient State troops to man the city while the army was - giving battle outside. 'This evasive answer to a positive inquiry,' - said one of the Cabinet to me, 'brought the President over. He - yielded very reluctantly.' I was informed of the result at once, and - was also informed that Mr. Davis was the last man in the Cabinet to - agree to the order of removal.". . . - -General Hood assumed command on the 18th of July. In his report of -the operations of the army while under his command, he states that -the effective strength of his force on that day was forty-eight -thousand seven hundred and fifty men of all arms. - -Feeling that the only chance of holding Atlanta consisted in assuming -the offensive by forcing the enemy to accept battle, General Hood -determined, on the 20th of July, to attack the corps of Generals -Thomas and Schofield, who were in the act of crossing Peachtree -Creek, hoping to defeat Thomas before he could fortify himself, then -to fall on Schofield, and finally to attack McPherson's corps, which -had reached Decatur, on the Georgia Railroad, driving the enemy back -to the creek and into the narrow space included between that stream -and the Chattahoochee River. Owing to an unfortunate misapprehension -of the order of battle and the consequent delay in making the attack, -the movement failed. On the 21st, finding that McPherson's corps was -threatening his communications, General Hood resolved to attack him -at or near Decatur, in front and on flank, turn his left, and then, -following up the movement from the right to the left with his whole -army, force the enemy down Peachtree Creek. This engagement was the -hottest of the campaign, but it failed to accomplish any other -favorable result than to check General McPherson's movement upon the -communications of our army, while it cost heavily in the loss of many -officers and men, foremost among whom was that _preux_ chevalier and -accomplished soldier, Major-General W. H. T. Walker, of Georgia. - -Beyond expeditions by the enemy, for the most part by cavalry, to -destroy the lines of railroad by which supplies and reënforcements -could reach Atlanta, and successful efforts on our part to frustrate -their movements, resulting in the defeat and capture of General -Stoneman and his command near Macon, the utter destruction of the -enemy's cavalry force engaged by General Wheeler at Newnan, and the -defeat of Sherman's design to unite his cavalry at the Macon and -Western Railroad, and effectually destroy that essential avenue for -the conveyance of stores and ammunition for our army, no movement of -special importance took place between July 22d and August 26th, at -which latter date it was discovered that Sherman had abandoned his -works upon our right, and, leaving a considerable force to hold his -intrenched position at the railroad-bridge over the Chattahoochee, -was marching his main body to the south and southwest of Atlanta, to -use it, as he himself has expressed it, "against the communications -of Atlanta, instead of against its intrenchments." On the 30th, it -being known that he was moving on Jonesboro, the county town of -Clayton County, about twenty miles south of Atlanta, General Hood -sent two corps under General Hardee to confront him at that point, in -the hope that he could drive him across Flint River, oblige him to -abandon his works on the left, and then be able to attack him -successfully in flank. The attack at Jonesboro was unsuccessful. -General Hardee was obliged, on September 1st, to fall back to -Lovejoy's, seven miles south of Jonesboro, on the Macon and Western -Railroad. Thus, the main body of the Federal army was between Hardee -and Atlanta, and the immediate evacuation of that city became a -necessity. There was an additional and cogent reason for that -movement. Owing to the obstinately cruel policy which the United -States Government had pursued for some time, of refusing on any terms -to exchange prisoners of war, upward of thirty thousand prisoners -were at Andersonville in southwestern Georgia at this time. To guard -against the release and arming of these prisoners, General Hood -thought it necessary to place our army between them and the enemy, -and abandon the project, which he thought feasible, of moving on -Sherman's communications and destroying his depots of supplies at -Marietta. - -Upon abandoning Atlanta, Hood marched his army in a westerly -direction, and formed a junction with the two corps which had been -operating at Jonesboro and Lovejoy's under General Hardee. - -General Sherman, desisting from any further aggressive movement in -the field, returned to Atlanta, which had been formally surrendered -by the Mayor on September 2d, with the promise, as reported, on the -part of the Federal commander, that non-combatants and private -property should be respected. Shortly after his arrival, the -commanding General of the Federal forces, forgetful of this promise, -and on the pretense that the exigencies of the service required that -the place should be used exclusively for military purposes, issued an -order directing all civilians living in Atlanta, male and female, to -leave the city within five days from the date of the order (September -5th). Since Alva's atrocious cruelties to the noncombatant population -of the Low Countries in the sixteenth century, the history of war -records no instance of such barbarous cruelty as that which this -order designed to perpetrate. It involved the immediate expulsion -from their homes and only means of subsistence of thousands of -unoffending women and children, whose husbands and fathers were -either in the army, in Northern prisons, or had died in battle. In -vain did the Mayor and corporate authorities of Atlanta appeal to -Sherman to revoke or modify this inhuman order, representing in -piteous language "the woe, the horror, and the suffering, not to be -described by words," [110] which its execution would inflict on -helpless women and infant children. His only reply was: - - "I give full credit to your statements of the distress that will be - occasioned by it, and yet shall not revoke my order, because my - orders are not designed to meet the humanities of the case." - -At the time appointed, the women and children were expelled from -their houses, and, before they were passed within our lines, -complaint was generally made that the Federal officers and men who -were sent to guard them had robbed them of the few articles of value -they had been permitted to take from their homes. The cowardly -dishonesty of its executioners was in perfect harmony with the temper -and spirit of the order. - -During the month of September the Federal army in and around Atlanta -made no movement beyond strengthening its defenses and collecting -within it large quantities of military supplies. General Hood, -meantime, held his troops in the vicinity of Jonesboro. His reports -to the War Department represented the morale of his army as "greatly -impaired by the recurrence of retreat," decreasing in numbers day by -day, and the surrounding country devoid of natural strength or any -advantageous position upon which he could retire. With a view to -judge better the situation, and then determine after personal -inspection the course which should seem best to pursue, I visited -General Hood's headquarters at Palmetto. The crisis was grave. It was -not to be expected that General Sherman would remain long inactive. -The rapidity with which he was collecting recruits and supplies at -Atlanta indicated that he contemplated a movement farther south, -making Atlanta a secondary base. To rescue Georgia, save the Gulf -States, and retain possession of the lines of communication upon -which we depended for the supplies of our armies in the field, an -effort to arrest the further progress of the enemy was necessary; and -to this end the railroads in his rear must be effectually torn up, -the great railroad-bridge over the Tennessee River at Bridgeport -destroyed, and the communication between Atlanta, Chattanooga, and -Nashville completely cut off. Could this be accomplished, all the -fruits of Sherman's successful campaign in Georgia would be blighted, -his capture of Atlanta would become a barren victory, and he would -probably be compelled to make a retreat toward Tennessee, at every -mile of which he might be harassed by our army. Or, should he, -relying on Atlanta as a base, push forward through Georgia to the -Atlantic coast, our army, having cut his communications north of -Atlanta, could fall upon his rear, and, with the advantages of a -better knowledge of the country, of the surrounding devoted -population, of the auxiliary force to be expected under the -circumstances, and our superiority in cavalry, it was not -unreasonable to hope that retributive justice might overtake the -ruthless invader. - -My first object was to fill up the depleted ranks of the army, to -bring the absentees and deserters back to the ranks, and induce the -Governor and State officials to coöperate heartily and earnestly with -the Confederate Government in all measures that might be found -necessary to give the proposed movement a reasonable prospect of -success. - -The avowed objection of the Governor of Georgia to the acts of -Congress providing for raising troops by conscription, and his -persistent opposition to the authority of the Confederate Executive -to appoint the generals and staff officers of the volunteer -organizations received from the States to form the provisional army -of the Confederacy, caused him frequently to obstruct the Government -officials in the discharge of their duty, to withhold the assistance -which he might be justly expected to render, and, in the -contemplation of his own views of the duties and obligations of the -Executive and legislative departments of the General Government, to -lose sight of those important objects, the attainment of which an -exalted patriotism might have told him depended on the coöperation of -the State and Confederate governments. The inordinate exemption from -military service as State officials of men between the ages of -eighteen and forty-live (it was estimated that the number of exempts -in November, 1864 amounted to fifteen thousand) was an abuse which I -endeavored in vain to correct. Were the majority of the men thus -exempted, and who remained at home "that the army might be fed," -really engaged in that important service, the end might be said to -justify the means; but, for any less exigent demand, patriotism and -humane consideration for the brave men at the front required that the -number of these exempts should be reduced to the minimum, if, indeed, -the number of those unfit for military duty was not sufficient to -perform this service. After a thorough inspection of the Army of -Tennessee at Palmetto, after conference with several prominent -Georgians, and notably with that pure patriot and distinguished -statesman and soldier. General Howell Cobb, whose brain and heart and -means and energies were all at the service of his country, I -proceeded to Augusta during the first week of October, in order, with -Generals Hardee and Cobb and other officers of prominence, to meet -and confer with General Beauregard, whom I had just assigned to the -command of the Military Division of the West, and to impart to him my -views as to the exigencies of the occasion, and how I thought that -they might be most advantageously met. - -Before this time General Hood had already crossed the Chattahoochee -with his entire force, moving against the enemy's line of -communication. General Forrest, with a strong force of cavalry, had -been ordered to Tennessee to strike the railroad from Nashville to -Chattanooga. During my visit to Hood's army, I learned that the -morale of it had been partially restored, many absentees had returned -to duty, and the waning hope of the people was beginning to revive. - -The plan of operations which I had discussed with General Hood while -at his headquarters was fully explained to General Beauregard at -Augusta, and by him cordially approved. It comprised the occupation -of a strong position on the enemy's line of communication by the -railroad between Atlanta and Chattanooga, the capture of his depots -of supplies and the small garrisons left to guard them. If this, as -was probable, should cause Sherman to move to attack as in position, -in that case, if the tone of the troops justified it, a battle should -be joined; otherwise, he should retreat toward Gadsden, where -supplies would be collected, and, should Sherman follow him so far, -then there, on the dividing line of the States of Georgia and -Alabama, the largest practicable number of militia and home-guards of -both States would be assembled as an auxiliary force, and there a -final stand should be made for a decisive battle. If victorious, as -under the circumstances it was hoped we should be, the enemy could -not retreat through the wasted country behind him, and must surrender -or disperse. If Sherman should not pursue our retiring army to -Gadsden, but return to Atlanta to march toward the seacoast, he was -to be pursued, and, by our superiority in cavalry, to be prevented -from foraging on the country, which, according to our information as -to his supplies on hand at Atlanta, and as to his inadequate means of -transportation, would be indispensable for the support of his troops. -Should Sherman, contrary to that information, have supplies and -transportation sufficient to enable him to march across the country, -and he should start toward the seacoast, the militia, the local -troops, and others who could be employed, should obstruct the roads -and fords in his front by felling trees, and, by burning bridges and -other available means, delay his progress until his provisions should -be consumed and absolute want should deplete if not disintegrate his -army. It was supposed that Augusta, on account of our principal -powder-manufactory and some important workshops being located there, -would be the first objective point of Sherman, should he march toward -the east. General Hood's calculation was that, taking a route north -of Sherman, where he would have smaller streams to cross, he could -reach Augusta as soon as Sherman. - -General Cobb, the local commander in Georgia, in addition to -obstructing roads, etc., was, in the last supposed contingency, to -assemble at Augusta the invalid soldiers, the militia, and others to -defend the place. General George W. Rains, an accomplished soldier -and military engineer, was instructed to enlarge and strengthen the -defenses of the place, and General G. R. Rains, the author of the -system of defense by sub-terra shells, was, on the coming of the -enemy, to apply his invention to the threatened approaches of the -town. There was another contemplated contingency, viz., that Sherman, -emboldened by his recent successes, would move against Hood with such -overweening confidence as might offer to the latter the opportunity -to strike in detail. - -After the full conversation with General Beauregard above noticed, -General Hardee was called in and asked to give his opinion on the -plan, which I regarded as entitled to great consideration, not only -because of his high capacity as a soldier, but also because of his -long connection with the Army of Tennessee, and minute knowledge of -the country in which it was proposed to operate. He had previously -been made fully aware of the plans and purposes discussed between -General Hood and myself, and stated to General Beauregard -substantially that, while he could not say the plan would succeed, he -was confident it was the best which we could adopt, and that, if it -failed, none other with our means would succeed. General Beauregard -left for General Hood's headquarters, as I supposed, to aid in the -execution of the proposed plan, to the success of which the larger -command with which he was invested, it was hoped, would contribute. - -General Hood moved as was expected upon the enemy's line of -communication, and his successes at Big Shanty and Acworth, in -capturing those stations and thoroughly destroying the railroad -between them, and his partial success at Allatoona, caused Sherman, -leaving one corps to garrison Atlanta, to move out with his main body -to restore his communications. Hood further succeeded in destroying -the railroad from Resaca to Tunnel Hill, capturing the enemy's posts -at Tilton, Dalton, and Mill-Creek Gap; but, not deeming his army in -condition to risk a general engagement, withdrew his forces in a -southwesterly direction toward Gadsden, which place he reached -October 20th, finding there supplies adequate for the wants of his -troops. Sherman had turned back toward Atlanta, and Hood, instead of -hanging on his rear, not allowing him to repair the damage to the -railroad, and otherwise harassing him in his march as much as -possible, after conference with General Beauregard, decided to -continue his march into Tennessee.[111] His reasons for this change -of plan are elaborately and forcibly presented in his book, "Advance -and Retreat," published since the war, and in which he emphatically -contradicts the attempt which has been made to represent that -campaign into Tennessee as one projected by me. The correspondence of -General Sherman, published in the same work, shows that Hood was not -far wrong in the supposition that Sherman would follow the movement -made on his line of communication; the only error being that he could -thus draw him beyond the limits of Georgia. After my return to -Richmond, a telegram from General Beauregard informed me of the -change of programme. My objection to that movement remained, and, -though it was too late to regain the space and time which had been -lost, I replied promptly on November 30, 1864, as follows: - - "General BEAUREGARD, care of Colonel W. M. Browne, _Augusta, Georgia._ - - "Yours of 24th received. It is probable that the enemy, if short of - supplies, may move directly for the coast. When that is made - manifest, you will be able to concentrate your forces upon the one - object, and I hope, if you can not defeat his attempt, that you may - reduce his army to such condition as to be inefficient for further - operations. - - "Until Hood reaches the country proper of the enemy, he can scarcely - change the plans for Sherman's or Grant's campaigns. They would, I - think, regard the occupation of Tennessee and Kentucky as of minor - importance. - - "JEFFERSON DAVIS." - -To the arguments offered to show that our army could not, after it -had reached the Tennessee River, have effectually pursued Sherman in -his march through southern Georgia, it is only needful to reply that -the physical difficulties set forth would not have existed, had our -army commenced the pursuit from Gadsden. - -To make the movement into Tennessee a success, even so far as to -recover that country, it was necessary that it should be executed so -promptly as to anticipate the concentration of the enemy's forces, -but unforeseen and unavoidable delays occurred, which gave full time -for preparation. After having overcome many vexatious detentions, -Hood on the 20th of November completed his crossing of the Tennessee -River at Gunter's Landing, and moved forward into Tennessee on the -route to Nashville, whither Sherman had sent General Thomas for the -protection of his depots and communications against an apprehended -attack by cavalry under General Forrest. - -Most unwilling to criticise the conduct of that very gallant and -faithful soldier who, battle-scarred and mutilated, survived the war, -and whose recent death our country has so much deplored, I must say -after the event, as I did before it, that I consider this movement -into Tennessee ill-advised. - -Thomas having been sufficiently reënforced in Tennessee to enable him -to hold Hood in check, and Sherman relieved from the necessity of -defending himself against an active army, and of protecting a long -line of railroad communication with a fortified base in his rear, -resolved upon his march to the sea, abandoning Atlanta, after having -first utterly destroyed that city by fire. Not a single house was -spared, not even a church. Similar acts of vandalism marked the -progress of the Federal army at Rome, Kingston, Acworth, Marietta, -and every town or village along its route, thus carrying out General -Sherman's order "to enforce a devastation more or less relentless" -along the line of his march, where he only encountered helpless women -and children. The arson of the dwelling-houses of non-combatants and -the robbery of their property, extending even to the trinkets worn by -women, made the devastation as relentless as savage instincts could -suggest. - -On November 16th Sherman left his intrenchments around Atlanta, and, -dividing his army into two bodies, each from twenty-five to thirty -thousand strong, the one followed the Georgia Railroad in the -direction of Augusta, and the other took the line of the Macon and -Western Railroad to Jonesboro. Avoiding Macon and Augusta, they -passed through central Georgia, taking Milledgeville on the way, -marching in compact column, and advancing with extreme caution, -although only opposed by detachments of Wheeler's cavalry and a few -hastily formed regiments of raw militia. Partial efforts were made to -obstruct and destroy the roads in the front and on the flanks of the -invading army, and patriotic appeals by prominent citizens were made -to the people, to remove all provisions from its path, but no -formidable opposition was made, except at the railroad-bridge over -the Oconee, where Wheeler, with a portion of his command and a few -militia, held the enemy in check for two or three days. With his -small force, General Wheeler daringly and persistently harassed, and, -when practicable, delayed the enemy's advance, attacking and -defeating exposed detachments, deterring his foragers from venturing -far from the main body, defending all cities and towns along the -railroad lines, and affording protection to depots of supplies, -arsenals, and other important Government works. The report of his -operations from November 14th to December 20th displays a dash, -activity, vigilance, and consummate skill, which justly entitle him -to a prominent place on the roll of great cavalry leaders. By his -indomitable energy, operating on all sides of Sherman's columns, he -was enabled to keep the Government and commanders of our troops -advised of the enemy's movements, and, by preventing foraging parties -from leaving the main body, he saved from spoliation all but a narrow -tract of country, and from the torch millions worth of property which -would otherwise have been certainly consumed. - -It soon became manifest that Savannah was General Sherman's objective -point. That city was occupied by General W. J. Hardee with about -eighteen thousand men, a considerable portion of which was composed -of militia, local troops, reserves, and hastily organized regiments -and battalions made up of convalescents from the hospitals and -artisans from the Government shops. On the 10th of December the -enemy's columns reached the immediate vicinity of Savannah, and on -the 12th they occupied a semicircular line extending from the -Savannah River to the Savannah and Gulf Railroad. The defenses of the -city were strong, the earthworks and other fortifications were -flanked by inundated rice-swamps extending across the peninsula -formed by the Savannah and Ogeechee Rivers, and the causeways leading -through them were well fortified by works mounting heavy guns. With a -sufficient force to occupy his long lines of defense, General Hardee -could have sustained a protracted siege. The city was amply supplied, -and its lines of communication were still open. Although Sherman had -reached Savannah, he had not yet opened communication with the -Federal fleet. Fort McAllister, situated on the right bank of the -Ogeechee, about six miles from Ossabaw Sound, was a serious obstacle -in his way, as it was a work of considerable strength, mounting -twenty-one heavy guns, a deep and wide ditch extending along its -front, with every avenue of approach swept by the guns mounted upon -its bastions. The fort was held by a garrison of two hundred and -fifty men under the command of experienced officers. The work was -attacked on the evening of the 13th, and carried by assault after a -short and feeble resistance. In consequence of the loss of this fort, -Sherman speedily opened communication with the fleet, and became -perfectly secure against any future want of supplies. This also -enabled him to obtain heavy ordnance for use against the city. He -proceeded immediately to take measures to invest Savannah, and in a -few days had succeeded in doing so on every side of the city except -that fronting the river. While Hardee's troops had not yielded a -single position or lost a foot of ground, with the exception of Fort -McAllister, when, on December 20th, he discovered that Sherman had -put heavy siege-guns in position near enough to bombard the city, and -that the enemy was threatening Union Causeway, which extends across -the large swamps that lie between Savannah and Charleston, and -offered the only practicable line of retreat, he determined to -evacuate the place rather than expose the city and its inhabitants to -bombardment. He also thought holding it had ceased to be of any -special importance, and that his troops could do more valuable -service in the field. Accordingly, on the night of December 20th, -having destroyed the navy-yard, the ironclads, and other Government -property, and razed the fortifications below the city, he withdrew -his army and reached Hardeeville on the evening of the 22d, without -hindrance or molestation on the part of the enemy. - -[Illustration: General John B. Hood] - -Having heretofore stated my objections to the plan of sending Hood's -army into Tennessee after the fall of Atlanta, I will now follow it -in that campaign, relying for the facts on the official report of -General Hood of the 15th of February, 1865. The fidelity and -gallantry of that officer and the well-known magnanimity of his -character are a sufficient guarantee of the impartiality of his -narration. - -He reported the arrival of his army at Gadsden on the 20th of -October, 1864, where he was joined by General P. G. T. Beauregard, -commanding the military department. He writes that, after withdrawing -from Atlanta, his hope had been that Sherman in following might offer -an opportunity to strike him in detail, but in this he was -disappointed. Hood reported that the morale of his army, though -improved, was not such as, in the opinion of his corps commanders, -would justify a general engagement while the enemy remained united. -At Gadsden he found a thorough supply of shoes and other stores, but, -after a full and free conference with General Beauregard at -Tuscumbia, he decided to cross the Tennessee and move against Thomas, -who with his corps had been detached by Sherman and sent into Middle -Tennessee. General Beauregard had sent orders to General Forrest to -move with his cavalry into Tennessee; the main body of Hood's cavalry -had been sent to follow Sherman. As the orders to Forrest were -accidentally delayed, and Hood had not cavalry enough to protect his -trains, he was compelled to wait for the coming of Forrest, and, to -hasten the meeting, moved down the river as far as Florence, where he -arrived on the 31st of October. This unfortunate delay gave the enemy -time to repair the railroad to Chattanooga, and accumulate supplies -at Atlanta for a march thence toward the Atlantic coast. Forrest's -cavalry joined on the 21st of November, and the movement began. The -enemy's forces at that time were concentrated at Pulaski and at -Lawrenceburg. Hood endeavored to place his army between these forces -and Nashville, but our cavalry, having driven off the enemy at -Lawrenceburg, gave notice of our advance, and on the 23d he evacuated -Pulaski and moved rapidly by the turnpike and railroad to Columbia. -On the evening of the 27th of November our army took position in -front of the works at that place. During the night the town was -evacuated, and a strong position was taken on the opposite side of -the river, about a mile and a half distant. On the evening of the -28th General Forrest crossed Duck River a few miles above Columbia, -and in the morning of the 29th Stewart's and Cheatham's corps -followed the cavalry, leaving Lieutenant-General Stephen D. Lee's -corps confronting the enemy at Columbia. The cavalry and the two -infantry corps moved in light marching order, the object being, by -advancing rapidly on roads parallel to the Columbia and Franklin -turnpike at or near Spring Hill, to cut off that portion of the foe -at Columbia. The movement having been discovered after Hood's forces -had got well on the flank of the enemy, he began to retreat along the -turnpike toward Spring Hill. About noon of that day the cavalry -attacked his trains, but found them too strongly guarded to be -captured. The retreat was rapidly conducted along the turnpike, with -flankers thrown out to protect the main column. Near Spring Hill -Major-General Cheatham, being in the advance, commenced to come in -contact with the retreating column about two miles from Spring Hill. -He was ordered to attack vigorously, and get possession of the -turnpike. This was so feebly executed that he failed to attain the -object, and the enemy passed on toward Spring Hill. Though the golden -opportunity had passed with daylight, Hood did not abandon the hope -of effecting by a night movement the end he sought. Accordingly, -Lieutenant-General Stewart was furnished with a guide, and ordered to -move his corps beyond Cheatham's, and place it across the road beyond -Spring Hill. In the dark and confusion, he did not succeed in getting -the position desired. About midnight, ascertaining that the enemy was -moving in disorder, with artillery, wagons, and troops intermixed, -Hood sent instructions to General Cheatham to advance a heavy line of -skirmishers, still further to impede the retreat. This was not -accomplished. The enemy continued to move along the road in hurry and -confusion nearly all the night. Thus was lost a great opportunity for -striking him for which we had labored so long--the greatest this -campaign had offered, and one of the greatest during the war. -Lieutenant-General S. D. Lee, left in front of the enemy at Columbia, -was instructed to press him the moment he abandoned his position at -that point. He did not abandon his works until dark, showing that his -trains obstructed the road for fifteen miles during the day and a -great part of the night. At daylight Hood pursued the enemy so -rapidly as to compel him to burn a number of his wagons. On the hills -about four miles south of Franklin, he made demonstration as if to -give battle, but, when our forces deployed for the attack, he retired -to Franklin. - -From dispatches captured at Spring Hill, Hood learned that Schofield -was instructed by Thomas to hold that position until Franklin could -be made secure, and thus knew that it was important to attack -Schofield promptly, and concluded that, if he should escape at -Franklin, he would gain the fortifications about Nashville. Hood -reports that "the nature of the position was such as to render it -inexpedient to attempt any other flank movement, and I therefore -determined to attack him in front and without delay." - -As this was one of the bloodiest battles of the war, and its results -materially affected the future, before entering on an account of it, -I pause for some general reflections. It is not quite easy to -determine what my gallant friend Hood meant by the expression, "the -nature of the position." It may have referred to the probability that -the enemy, if he attempted a flank movement, would retreat rapidly, -as he had done from Columbia, and it is now known that a part of his -troops and a large part of his train had already been sent across the -Harpeth River. Thomas's dispatch indicated a purpose to hold -Franklin; and its relation to Murfreesboro, where a garrison was -maintained, would seem to render this a probable part of a plan to -maintain communication with Chattanooga. Franklin had to us, as a -mere _military_ question, no other value than that the road to -Nashville led through it. Whether it would have been possible to turn -the position so promptly as to strike the enemy's line of retreat is -a question which no doubt General Hood considered and decided in the -negative, otherwise he would surely have preferred to attack the -enemy on the march rather than in his intrenchments, especially as -these were so near to the town that Hood was restrained from using -his artillery on account of the women and children resident in it. -The position itself was favorable for defense; the Harpeth River by a -short bend flows on two sides of the town, and the works in front had -the center so boldly salient, their flanks resting on the river, as -to inclose the town in something like a square, two sides being river -and two sides intrenchment. The exterior line of defense had been -recently and hastily constructed; the interior line was much -stronger. Behind the town there were two bridges, one on the main -road leading through it, and the other a pontoon-bridge a short -distance above it. Hood had served with distinction under Lee and -Jackson, and his tactics were of that school. If he had, by an -impetuous attack, crushed Schofield's army, without too great a loss -to his own, and Forrest could have executed his orders to capture the -trains when Schofield's army was crushed, we should never have heard -complaint because Hood attacked at Franklin, and these were the hopes -with which he made his assault. - -On the 30th of November he formed his line of battle. At 4 P.M. he -gave the order to advance; his troops moved gallantly forward, -carried the first line, and advanced against the interior works; here -the engagement was close and fierce; the combatants occupied the -opposite sides of the intrenchments, our men carrying them in some -places, many being killed entirely inside the enemy's works. Some of -the Tennesseeans, after years of absence, saw again their homes, and -strove with desperation to expel the invader from them; the contest -continued till near midnight, when the enemy abandoned his works and -crossed the river, leaving his dead and wounded behind him, We had -won a victory, but it was purchased at fearful cost. General Hood, in -his letter of December 11, 1864, written near Nashville, reported his -entire loss at about four thousand five hundred, and among them was -Major-General Cleburne, Brigadier-Generals Gist, John Adams, Strahl, -and Granberry, all well known to fame, and whose loss we could ill -afford to bear. Around Cleburne thickly lay the gallant men who, in -his desperate assault, followed him with the implicit confidence that -in another army was given to Stonewall Jackson; and in the one case, -as in the other, a vacancy was created which could never be filled. -Hood reported that the number of dead left on the field by the enemy -indicated that his loss was equal to or near our own; that those of -our men who were captured were inside the enemy's works. - -The next morning at daylight, the wounded being cared for and the -dead buried, Hood moved forward toward Nashville, about eighteen -miles distant, and Forrest with his cavalry closely pursued the -enemy. On the 2d of December our army took position in front of -Nashville about two miles from the city, Lieutenant-General Lee's -corps in the center resting on the Franklin turnpike, Cheatham's on -the right, Stewart's on the left, and the cavalry on each flank. Hood -then commenced to construct detached works to cover the flanks, -should offensive movements be attempted against our flank and rear. -The enemy still held Murfreesboro with a garrison of about six -thousand, strongly fortified; he also had small forces at Chattanooga -and Knoxville. It was supposed that he would soon have to take the -offensive to relieve his garrisons at those points, or cause them to -be evacuated, in which latter case Hood hoped to capture the forces -at Murfreesboro, and thus open communication with Georgia and -Virginia; and he thought, if attacked in position, that he could -defeat Thomas, gain possession of Nashville with its abundant -supplies, and thus get the control of Tennessee. The people of the -country, in the mean time, were able and willing to furnish our army -with supplies, and we had captured rolling-stock to put the railroad -to Pulaski in successful operation. - -Hood sent Major-General Forrest with the greater part of his cavalry -and a division of infantry against Murfreesboro. The infantry did not -fulfill expectation, and it was withdrawn. Mercer's and Palmer's -brigades of infantry were sent to replace the division. Nothing of -importance occurred until the morning of the 15th, and the enemy, -having been reënforced by about fifteen thousand men from the -trans-Mississippi, attacked simultaneously both flanks of our line. -On our right he was repulsed with heavy loss; but on our left, toward -evening, he earned some of the partially completed redoubts. During -the night of the 15th our line was shortened and strengthened, the -left being thrown back and dispositions made to meet any renewed -attack. The corps of Major-General Cheatham was transferred from our -right to the left. Early on the 16th of December the enemy made a -general attack on our lines, accompanied by a heavy fire of -artillery. All his assaults were repulsed with heavy loss until 3.30 -P.M., when a portion of our line to the left of the center suddenly -gave way. Up to this time no battle ever progressed more favorably-- -the troops in excellent spirits, waving their colors and bidding -defiance to the enemy; but the position he then gained being such as -to enfilade us, caused our entire line to give way in a few moments -and our troops to retreat in the direction of Franklin, most of them -in great confusion. Confidence in the ability to hold the line had -caused the artillery-horses to be sent to the rear for safety, and -the abandonment of the position was so unexpected and sudden that it -was not possible to bring forward the horses to remove the guns which -had been placed in position, and fifty-four of them were consequently -lost. Our loss in killed and wounded was small. At Brentwood, about -four miles from the field of battle, the troops were partially -rallied, and Lieutenant-General S. D, Lee took command of the -rear-guard and encamped for the night. On leaving the field, Hood -sent one of his staff-officers to inform General Forrest of our -defeat, and to direct him to rejoin the army with as little delay as -possible, but heavy rains had so swollen the creeks that he was -unable to effect the junction with his main force until it reached -Columbia. During the 17th the enemy's cavalry pressed boldly on the -retreating column, the open character of the country being favorable -to cavalry operations. Lieutenant-General Lee, commanding the -covering force, was severely wounded, but not until after he and the -corps he commanded had rendered such service as to receive the -special commendation of the General commanding the army. - -Hood reports that when he left the field before Nashville he had -hoped to be able to remain in Tennessee, on the line of Duck River; -but, after arriving at Colombia, he became convinced that the -condition of the army made it necessary to recross the Tennessee -without delay. On the 21st he resumed his march for Pulaski, leaving -Major-General Walthall, with five infantry brigades, and General -Forrest, with the main body of his cavalry, at Columbia, to cover the -movements of the army. The retreat continued, and on the 25th, 26th, -and 27th, the army, including the rear-guard, crossed the Tennessee -River at Bainbridge. The enemy had followed the rear-guard with all -his cavalry and three corps of infantry to Pulaski, and thence the -cavalry continued the pursuit to the Tennessee River. After crossing -the river, the army moved by easy marches to Tupelo, Mississippi. -General Hood reported his losses in the Tennessee campaign to have -been about ten thousand men, including prisoners, and that when he -arrived at Tupelo he had 18,500 infantry and artillery, and 2,306 -cavalry. I again quote from General Hood's report: - - "Here, finding so much dissatisfaction throughout the country, as, in - my judgment, greatly to impair, if not destroy, my usefulness, and - counteract my exertions, and with no desire but to serve my country, - I asked to be relieved, with the hope that another might be assigned - to the command who might do more than I could hope to accomplish. - Accordingly, I was so relieved on the 23d of January, by authority of - the President." - -Though, as General Hood states in his book, page 273, I was "averse -to his going into Tennessee," he might well assume that I "was not, -as General Beauregard and himself, acquainted with the true condition -of the army" when they decided on the Tennessee campaign. Of the -manner in which he conducted it, Isham G. Harris, the Governor of -Tennessee, a man of whose judgment, integrity, and manhood I had the -highest opinion, wrote to me, on the 25th of December, 1864: - - ". . . I have been with General Hood from the beginning of this - campaign, and beg to say, disastrous as it has ended, I am not able - to see anything that General Hood has done that he should not, or - neglected any thing that he should, have done, . . . and regret to - say that, if all had performed their parts as well as he, the results - would have been very different." - -To this I will only add that General Hood was relieved at his -reiterated request, made from such creditable motives as are -expressed in the extract above, taken from his official report, and -that it was in no wise due to a want of confidence in him on my part. - - -[Footnote 105: It was during this time, i. e.. in March and April, 1864, -that Forrest made his extraordinary expedition from north Mississippi -across Tennessee to Paducah, Kentucky, and continued his operations -against depots of supplies, lines of communication, and troops moving -to reënforce Sherman--having, on June 11th, a severe action in -Tishemingo with a force estimated at eight or nine thousand, supposed -to be on their way to join Sherman. The energy, strategy, and high -purposes of Forrest, during all this period, certainly entitle him to -higher military rank than that of a partisan, and enroll him in the -list of great cavalry commanders. Some of his other expeditions are -elsewhere mentioned in these pages.] - -[Footnote 106: "Narrative," p. 302.] - -[Footnote 107: "Advance and Retreat," by J. B. Hood, pp. 98-116.] - -[Footnote 108: Johnston's "Narrative," p. 346.] - -[Footnote 109: Mr. Seddon, ex-Secretary of War, in a letter written to -me on the 10th of February, 1879, states, in regard to his interview -with General Lee, that it was held after the determination had been made -"to remove General Johnston from his command at Atlanta," and says of -the purpose of the interview with General Lee: "It was designed -merely to secure General Lee's estimate of qualifications in the -selection of a successor for the command."] - -[Footnote 110: Mayor Calhoun's Petition to General Sherman, September 11, -1864.] - -[Footnote 111: "Advance and Retreat," by General J. B. Hood; letter of -General Beauregard to President Davis, p. 278, _et seq_.] - - - - -CHAPTER XLIX. - - Exchange of Prisoners.--Signification of the Word "loyal."--Who is - the Sovereign?--Words of President Lincoln.--The Issue for which we - fought.--Position of the United States Government.--Letters of - Marque granted by us.--Officers and Crew First Prisoners of the - Enemy.--Convicted as "Pirates."--My Letter to President Lincoln.-- - How received.--Act of Congress relating to Prisoners.--Exchanges, - how made.-Answer of General Grant.--Request of United States - Congress.--Result.--Commissioners sent.--Agreement.--Disputed - Points.--Exchange arranged.--Order to pillage issued.--General - Pope's Order.--Proceedings.--Letter of General Lee relative to - Barbarities.--Answer of General Halleck.--Case of Mumford.--Effect - of Threatened Retaliation.--Mission of Vice-President Stephens.--A - Failure.--Excess of Prisoners.--Paroled Men.--Proposition made by - us.--No Answer.--Another Arrangement.--Stopped by General Grant.-- - His words, "Put the Matter offensively."--Exchange of Slaves.-- - Proposition of Lee to Grant.--Reply of Grant.--Further Reply.--His - Dispatch to General Butler.--Another Proposition made by us.--No - Answer.--Proposition relative to Sick and Wounded.--Some - exchanged.--The Worst Cases asked for to be photographed.-- - Proposition as to Medicines.--No Answer.--A Final Effort.-- - Deputation of Prisoners sent to Washington.--A Failure.-- - Correspondence between Ould and Butler.--Order of Grant.--Report of - Butler.--Responsibility of Grant for Andersonville.--Barbarities of - the United States Government.--Treatment of our Men in Northern - Prisons.--Deaths on Each Side. - - -Perhaps there was no question in the treatment of which the true -character and intentions of the Government of the United States was -so clearly exposed as in the exchange of prisoners. That we should -dare to resort to arms for the preservation of our rights, and "to -secure the blessings of liberty to ourselves and our posterity," was -regarded by our enemies as most improbable. Their aspirations for -dominion and sovereignty, through the Government of the Union, had -become so deep-seated and apparently real as to cause that -Government, at its first step, to assume the haughtiness and -imperiousness of an absolute sovereign. "I appeal to all loyal -citizens to favor, facilitate, and aid this effort," said President -Lincoln, in the first proclamation, calling for seventy-five thousand -men. The term "loyal" has no signification except as applied to the -sovereign of an empire or kingdom. In a republic the people are the -sovereign, and the term "loyal" or its opposite can have no -signification except in relation to the true sovereign. To say, -therefore, that the agent of the sovereign people, the representative -of the system they have organized to conduct their common affairs, -composed the real sovereign, and that loyalty or disloyalty is of -signification in relation to this sovereign alone, is not only a -perversion of language, but an error, that leads straight to the -subversion of all popular government and the establishment of the -monarchical or consolidated form. The Government of the United States -is now the sovereign here, says President Lincoln in this -proclamation, and loyalty consists in the maintenance of that -sovereignty against all its foes. The sovereignty of the people and -of the several and distinct States, in his mind, was only a weakness -and enthusiasm of the fathers. The States and the people thereof had -become consolidated into a national Union. "I appeal," says President -Lincoln, "to all loyal citizens to favor, facilitate, and aid this -effort to maintain the honor, the integrity, and the existence of our -national Union." - -The Confederate States refused thus "to favor, facilitate, and aid -this effort to maintain the honor, the integrity, and the existence -of a national Union." They not only refused to aid, but they took up -arms to defeat the consummation of such a monstrous usurpation of -popular rights and popular sovereignty. It was evident that, if no -efforts for a rescue were made, the time would soon come when the -rights of all the States might be denied, and the hope of mankind in -constitutional freedom be for ever lost. This was the usurpation. -This lay at the foundation of the war. Every subsequent act of the -Government was another step in the same direction, all tending -palpably to supremacy for the Government of the United States, the -subjugation of the States, and the submission of the people. - -This was the adversary with whom we had to struggle, and this was the -issue for which we fought. That we dared to draw our swords to -vindicate the rights and the sovereignty of the people, that we dared -to resist and deny all sovereignty as inherently existing in the -Government of the United States, was adjudged an infamous crime, and -we were denounced as "rebels." It was asserted that those of us "who -were captured should be hung as rebels taken in the act." Crushing -the corner-stone of the Union, the independence of the States, the -Federal Government assumed toward us a position of haughty arrogance, -refused to recognize us otherwise than as insurrectionists and -"rebels," who resisted and denied its usurped sovereignty, and who -were entitled to no amelioration from the punishment of death, except -such as might proceed only from the promptings of mercy. - -On April 17, 1861, I issued a proclamation in which I offered to -grant letters of marque and reprisal to seamen. On April 19th -President Lincoln issued a counter-proclamation, declaring that, "if -any person, under the pretended authority of said States, or under -any other pretense, shall molest a vessel of the United States, or -the persons or cargo on board of her, such person shall be held -amenable to the laws of the United States for the prevention and -punishment of piracy," which was death. - -Some small vessels obtained these letters of marque and were -captured. Their officers and crew constituted the first prisoners -that fell into the hands of the enemy. They were immediately -imprisoned, and held for trial as pirates. The trial came on later in -the year. A report of it states that "the views of all the judges -seemed to center upon the one point, that these men were taken in -arms against the Government of the United States, and that, inasmuch -as the laws of that Government did not recognize the authority under -which the men acted, there was no course but to condemn them." - -As soon as the treatment of these prisoners was known in Richmond, -before their trial and as early as July 6, 1861, I sent by a special -messenger a communication to President Lincoln, in substance as -follows: - - "Haying learned that the schooner Savannah, a private armed vessel in - the service and sailing under a commission issued by the authority of - the Confederate States of America, had been captured by one of the - vessels forming the blockading squadron off Charleston Harbor, I - directed a proposition to be made to the commanding officer of the - squadron for an exchange of officers and crew of the Savannah for - prisoners of war held by this Government, 'according to number and - rank.' To this proposition, made on the 19th ultimo, Captain Mercer, - the officer in command of the blockading squadron, made answer, on - the same day, that 'the prisoners' (referred to) 'are not on board - any of the vessels under my command.' - - "It now appears, by statements made without contradiction in - newspapers published in New York, that the prisoners above mentioned - were conveyed to that city, and have been treated not as prisoners of - war, but as criminals; that they have been put in irons, confined in - jail, brought before courts of justice on charges of piracy and - treason; and it is even rumored that they have been convicted of the - offenses charged, for no other reason than that they bore arms in - defense of the rights of this Government and under the authority of - its commission. - - "I could not, without grave discourtesy, have made the newspaper - statements above referred to the subject of this communication, if - the threat of treating as pirates the citizens of this Confederacy, - armed for its service on the high-seas, had not been contained in - your proclamation of the 19th of April last. That proclamation, - however, seems to afford a sufficient justification for considering - these published statements as not devoid of probability. - - "It is the desire of this Government so to conduct the war now - existing as to mitigate its horrors as far as may be possible, and, - with this intent, its treatment of the prisoners captured by its - forces has been marked by the greatest humanity and leniency - consistent with public obligation. Some have been permitted to return - home on parole, others to remain at large, under similar conditions, - within this Confederacy, and all have been furnished with rations for - their subsistence, such as are allowed to our own troops. It is only - since the news has been received of the treatment of the prisoners - taken on the Savannah, that I have been compelled to withdraw these - indulgences, and to hold the prisoners taken by us in strict - confinement. - - "A just regard to humanity and to the honor of this Government now - requires me to state explicitly that, painful as will be the - necessity, this Government will deal out to the prisoners held by it - the same treatment and the same fate as shall be experienced by those - captured on the Savannah; and, if driven to the terrible necessity of - retaliation by your execution of any of the officers or crew of the - Savannah, that retaliation will be extended so far as shall be - requisite to secure the abandonment of a practice unknown to the - warfare of civilized man, and so barbarous as to disgrace the nation - which shall be guilty of inaugurating it. - - "With this view, and because it may not have reached you, I now renew - the proposition made to the commander of the blockading squadron, to - exchange for the prisoners taken on the Savannah an equal number of - those now held by us according to rank." - -This communication was taken by Colonel Thomas Taylor, who was -permitted to visit Washington, but was refused an audience with -President Lincoln. He was obliged to content himself with a verbal -reply from General Winfield Scott that the communication had been -delivered to President Lincoln, and that he would reply in writing as -soon as possible. No answer ever came. We were compelled to select by -lot from among the prisoners in our hands a number to whom we -proposed to mete out the same fate which might await the crew of the -Savannah. These measures of retaliation arrested the cruel and -illegal purposes of the enemy. - -Meantime, as early as May 21, 1861, the Confederate Congress passed -an act which provided that-- - - "All prisoners of war taken, whether on land or sea, during the - pending hostilities with the United States, shall be transferred by - the captors from time to time, and as often as convenient, to the - Department of War; and it shall be the duty of the Secretary of War, - with the approval of the President, to issue such instructions to the - quartermaster-general and his subordinates as shall provide for the - safe custody and sustenance of prisoners of war, and the rations - furnished prisoners of war shall be the same in quantity and quality - as those furnished to enlisted men in the army of the Confederacy." - -This law of Congress was embodied in the orders issued from the War -Department and from the headquarters in the field, and no order was -ever issued in conflict with its humane provisions. - -Nevertheless, the Government of the United States, forgetful of the -conduct of Great Britain toward her revolted colonies, apparently -refused all consideration of the question of exchange of prisoners, -as if impressed with the idea that it would derogate from the dignity -of its position to accept any interchange of courtesy. An exchange -was therefore occasionally made by the various commanders of troops -under flags of truce, while the Federal Government made the paltry -pretense of not knowing it. We released numbers at different points -on parole, and the matter was compromised in various ways. -Fifty-seven wounded soldiers were unconditionally released at -Richmond and sent home. In response, twenty of our soldiers, mostly -North Carolinians, were released from Bedloe's Island, New York, and -sent to Fortress Monroe, to be discharged on condition of taking the -oath, so called, of loyalty to the United States Government. -Thirty-seven confined in the military prison at Washington were -released on taking the oath. On September 3d an exchange was made -between General Pillow and Colonel Wallace, of the United States -Army. Whereupon General Polk proposed an exchange to General Grant, -who replied, on October 14th: - - "I can, of my own accordance, make none. I recognize no 'Southern - Confederacy' myself, but will communicate with higher authorities - for their views." - -An exchange was made on October 23d between General McClernand and -General Polk. Subsequently, on November 8th, General Grant offered to -surrender to General Polk certain wounded men and invalids -unconditionally. To this proposition General Polk replied: - - "My own feelings would prompt me to waive again the unimportant - affectation of declining to recognize these States as belligerents in - the interest of humanity; but my Government requires all prisoners to - be placed at the disposal of the Secretary Of War." - -On November 1st General Fremont made an agreement with General Price, -in Missouri, by which certain persons named were authorized to -negotiate for the exchange of any persons who might be taken -prisoners of war, upon a plan previously arranged. General Hunter, -who succeeded General Fremont, on November 7th, repudiated this -agreement. A proposition made in the Confederate Congress to return -the prisoners captured by us at first Manassas, without any formality -whatever, would doubtless have prevailed but for the difficulty in -reference to the crew of the Savannah. - -But this determination of the United States Government, not to meet -us on the equal footing consistent with the modern usages of war and -exchange prisoners, thus far prevented any general arrangement for -that object. In consequence, however, of the clamors of the Northern -people for the restoration of their friends, both Houses of Congress -united in a request to President Lincoln to take immediate steps for -a general exchange. Instead of complying with this request, two -respectable commissioners were, however, appointed to visit the -prisoners we held, relieve their necessities, and provide for their -comfort at the expense of the United States. It is impossible to -conceive any reason for such conduct, unless it was to exasperate and -"fire up the Northern heart," as it was expressed, and thus cause the -people to make greater efforts for our devastation. This action on -the part of the Government was at a later day known by the expression -"waving the bloody shirt." - -The commissioners arrived at Norfolk, Virginia, but were not allowed -to proceed any farther. A readiness on our part to negotiate for a -general exchange was manifested, and agreed to by them. This was -subsequently approved at Washington. Shortly afterward, on February -14, 1862, an arrangement was made between General Howell Cobb on our -part and General Wool, the commander at Fortress Monroe, by the terms -of which the prisoners of war in the hands of each Government were to -be exchanged man for man, the officers being assimilated as to rank; -our privateersmen were to be exchanged on the footing of prisoners of -war; any surplus remaining on either side was to be released; and -during the continuance of hostilities prisoners taken on either side -should be paroled. The exchange proceeded, and about three hundred in -excess had been delivered, when it was discovered that not one of our -privateersmen had been released, and that our men taken prisoners at -Fort Donelson, instead of being paroled, had been sent into the -interior. Some of the hostages we held for our privateersmen had gone -forward, but the remainder were retained. Being informed of this -state of affairs, I recommended to Congress that all of our men who -had been paroled by the United States Government should be released -from the obligations of their parole so as to bear arms in our -defense, in consequence of this breach of good faith on the part of -that Government. It was subsequently said, on behalf of the United -States Government, that the detention of our privateersmen had been -intended to be only temporary, to make it certain that the hostages -were coming forward. - -It is further stated that the only unadjusted point between Generals -Cobb and Wool was, that the latter was unwilling that each party -should agree to pay the expenses of transporting their prisoners to -the frontier, and this he promised to refer to his Government. At a -second interview, on March 1, 1862, General Wool informed General -Cobb that his Government would not consent to pay these expenses, and -thereupon General Cobb promptly receded from his demand, and agreed -to the terms proposed by the other side. But General Wool, who had -said at the beginning of the negotiation, "I am clothed with full -power for the purpose of arranging for the exchange of prisoners," -was now under the necessity of stating that "his Government had -changed his instructions." And thus the negotiations were abruptly -broken off, and the matter left where it was before.[112] After these -negotiations had begun, the capture of Forts Henry and Donelson had -given to the United States a considerable preponderance in the number -of prisoners held by them, and they at once returned to their -original purpose of an equal treatment. - -A suspension of exchange for some months ensued. Finally, a storm of -indignation beginning to arise among the Northern people at the -conduct of their Government, it was forced to yield its absurd -pretensions, and, on July 22, 1862, a cartel for the exchange of -prisoners was executed, based on the cartel of 1812 between the -United States and Great Britain. In accordance with these terms an -exchange commenced, and by the middle of August most of the officers -of rank on either side, who had been for any long period in -captivity, were released. - -On the same day on which the cartel was signed, an order was issued -by the Secretary of War, in Washington, under instructions from -President Lincoln, empowering the military commanders in Virginia and -elsewhere "to seize and use any property, real or personal, which may -be necessary or convenient for their several commands for supplies or -for other military purposes," and "to keep accounts sufficiently -accurate and in detail to show quantities and amounts and from whom -it shall come, as a basis upon which compensation can be made in -proper cases." This was simply a system of plunder, for no -compensation would be made to any person unless he could prove his -fidelity to the Government of the United States. - -On the next day, Major-General Pope, in command of the United States -forces near Washington,[113] issued a general order directing the -murder of our peaceful inhabitants as spies, if found quietly tilling -the farms in his rear, even outside of his lines; and one of his -brigadier-generals seized upon innocent and peaceful inhabitants to -be held as hostages, to the end that they might be murdered in cold -blood if any of his soldiers were killed by some unknown persons, -whom he designated as "bushwhackers." Under this state of facts, I -issued a general order, recognizing General Pope and his commissioned -officers to be in the position which they had chosen for themselves-- -that of robbers and murderers, and not that of public enemies, -entitled, if captured, to be considered as prisoners of war. Some of -the military authorities of the United States seemed to suppose that -better success would attend a savage war, in which no quarter was to -be given and no age or sex to be spared, than had hitherto been -secured by such hostilities as were alone recognized to be lawful by -civilized men. We renounced our right of retaliation on the innocent, -and continued to treat the soldiers of General Pope's army as -prisoners of war, confining our repressive measures to the punishment -only of commissioned officers as were willing participants in such -crimes. General Pope was soon afterward removed from command. - -In August a letter involving similar principles was addressed by -General R. E. Lee to the commanding General at Washington, General -Halleck, making inquiries as to the truth of the case of William B. -Mumford, reported to have been murdered at New Orleans by -Major-General Benjamin F. Butler, and of Colonel John Owens, reported -to have been murdered in Missouri by order of Major-General Pope. I -had also been credibly informed that numerous other officers of the -army of the United States within the Confederacy had been guilty of -felonies and capital offenses, which are punishable by all laws human -and divine. Inquiries were made by letter relative to a few of the -best-authenticated cases. It was announced that Major-General Hunter -had armed slaves for the murder of their masters, and had thus done -all in his power to inaugurate a servile war, which is worse than -that of the savage, inasmuch as it super-adds other horrors to the -indiscriminate slaughter of all ages, sexes, and conditions. - -In a letter, dated Port Royal, South Carolina, June 23, 1862, General -Hunter said: - - "It is my hope to have organized by the end of next fall, and to be - able to present to the Government, from forty-eight to fifty thousand - of these hardy and devoted soldiers." - -Brigadier-General Phelps was reported to have initiated at New -Orleans the example set by General Hunter in South Carolina. -Brigadier-General G. N. Fitch was stated in the public journals to -have murdered in cold blood two peaceful citizens, because one of his -men, when invading our country, was killed by some unknown person -while defending his home. General Lee was further directed by me to -say that, if a reply was not received in fifteen days, it would be -assumed that the alleged facts were true, and were sanctioned by the -Government of the United States, and on that Government would rest -the responsibility of retaliatory measures. The reply of the -commanding General (Halleck) at Washington was in these words: - - "As these papers are couched in language insulting to the Government - of the United States, I most respectfully decline to receive them." - -On August 20, 1862, I issued an order threatening retaliation for the -lives of peaceable citizens reported to have been executed by -Brigadier-General Fitch. That report was afterward ascertained to be -untrue. On the next day I issued another order, which, after reciting -the principal facts, directed that Major-General Hunter and -Brigadier-General Phelps should be no longer held and treated as -public enemies of the Confederate States, but as outlaws; and that in -the event of the capture of either of them, or that of any other -commissioned officer employed in drilling, organizing, or instructing -slaves, with a view to their armed service in this war, he should not -be regarded as a prisoner of war, but held in close confinement for -execution as a felon, at such time and place as may be ordered. - -In the case of William B. Mumford, a letter was received from General -Halleck, dated August 7, 1862, stating sufficient causes for a -failure to make an earlier reply to the letter of July 6th; asserting -that "no authentic information had been received in relation to the -execution of Mumford, but measures will be immediately taken to -ascertain the facts of the alleged execution," and promising that -General Lee should be duly informed thereof. Subsequently, on -November 25, 1862, our agent for the exchange of prisoners, Mr. -Robert Ould, under my instructions, addressed the agent of the United -States, informing him that the explanation promised on August 7th had -not been received; and that, if no answer was sent within fifteen -days, it would be considered that an answer was declined. On December -3d our agent, Mr. Ould, was apprised by the agent of the United -States that his letter had been forwarded to the Secretary of War at -Washington, and no answer was returned, which was regarded as a tacit -admission of the charge. Besides, I had received evidence fully -establishing the fact that the said Mumford, a citizen of the -Confederacy, was actually and publicly executed in cold blood by -hanging after the occupation of New Orleans by the forces under -General Benjamin F. Butler, when said Mumford was an unresisting and -non-combatant captive, and for no offenses even alleged to have been -committed by him subsequent to the date of the occupation of the -city. It appeared that the silence of the Government of the United -States and its maintenance of Butler in high office, under its -authority, afforded evidence too conclusive that it sanctioned his -conduct, and was determined that he should remain unpunished for -these crimes. I therefore pronounced and declared the said Butler a -felon, deserving capital punishment, and ordered that he be no longer -considered and treated as a public enemy of the Confederate States, -but as an outlaw and common enemy of mankind; and that, in the event -of his capture, the officer in command should cause him to be -immediately executed by hanging. - -These measures of retaliation were in conformity with the usages of -war, and were adapted to check and punish the cruelties of our -adversary. - -At length, so many difficulties were raised and so many complaints -made in the execution of the cartel, that, for the sake of the -unfortunate prisoners, I resolved to seek an adjustment through the -authorities at Washington. For this purpose Vice-President Stephens -offered his services as a commissioner. The following papers will -show the proposition we were prepared to make, and illustrate the -disposition with which our humane designs were regarded by the enemy: - - "RICHMOND, _July 2, 1863._ - - "Hon. ALEXANDER H. STEPHENS, _Richmond, Virginia._ - - "SIR: Having accepted your patriotic offer to proceed as a military - commissioner under flag of truce to Washington, you will receive - herewith your letter of authority to the Commander-in-Chief of the - Army and Navy of the United States. The letter is signed by me, as - Commander-in-Chief of the Confederate land and naval forces. - - "You will perceive from the terms of the letter that it is so worded - as to avoid any political difficulties in its reception. Intended - exclusively as one of those communications between belligerents which - public law recognizes as necessary and proper between hostile forces, - care has been taken to give no pretext for refusing to receive it on - the ground that it would involve a tacit recognition of the - independence of the Confederacy. Your mission is simply one of - humanity, and has no political aspect. - - "If objection is made to receiving your letter on the ground that it - is not addressed to Abraham Lincoln as President, instead of - Commander-in-Chief, etc., then you will present the duplicate letter - which is addressed to him as President and signed by me as President. - To this latter, objection may be made on the ground that I am not - recognized to be President of the Confederacy. In this event you will - decline any further attempt to confer on the subject of your mission, - as such conference is admissible only on the footing of perfect - equality. - - "My recent interviews with you have put you so fully in possession of - my views, that it is scarcely necessary to give you any detailed - instructions, even were I at this moment well enough to attempt it. - My whole purpose is in one word to place this war on the footing of - such as are waged by civilized people in modern times, and to divest - it of the savage character which has been impressed on it by our - enemies, in spite of all our efforts and protests. War is full enough - of unavoidable horrors under all its aspects, to justify and even to - demand of any Christian rulers who may be unhappily engaged in - carrying it on, to seek to restrict its calamities and to divest it - of all unnecessary severities. You will endeavor to establish the - cartel for the exchange of prisoners on such a basis as to avoid the - constant difficulties and complaints which arise, and to prevent for - the future what we deem the unfair conduct of our enemies in evading - the delivery of the prisoners who fall into their hands; in retarding - it by sending them on circuitous routes, and by detaining them - sometimes for months in camps and prisons; and in persisting in - taking captives non-combatants. - - "Your attention is also called to the unheard-of conduct of Federal - officers in driving from their homes entire communities of women and - children, as well as of men, whom they find in districts occupied by - their troops, for no other reason than because these unfortunates are - faithful to the allegiance due to their States, and refuse to take an - oath of fidelity to their enemies. - - "The putting to death of unarmed prisoners has been a ground of just - complaint in more than one instance; and the recent execution of - officers of our army in Kentucky, for the sole cause that they were - engaged in recruiting service in a State which is claimed as still - one of the United States, but is also claimed by us as one of the - Confederate States, must be repressed by retaliation if not - unconditionally abandoned, because it would justify the like - execution in every other State of the Confederacy; and the practice - is barbarous, uselessly cruel, and can only lead to the slaughter of - prisoners on both sides--a result too horrible to be contemplated - without making every effort to avoid it. - - "On these and all kindred subjects you will consider your authority - full and ample to make such arrangements as will temper the present - cruel character of the contest, and full confidence is placed in your - judgment, patriotism, and discretion that, while carrying out the - objects of your mission, you will take care that the equal rights of - the Confederacy be always preserved." - - - "HEADQUARTERS, RICHMOND, _July 2, 1863._ - - "SIR: As Commander-in-Chief of the land and naval forces now waging - war against the United States, I have the honor to address this - communication to you, as Commander-in-Chief of their land and naval - forces. - - "Numerous difficulties and disputes have arisen in relation to the - execution of the cartel of exchange heretofore agreed on by the - belligerents, and the commissioners for the exchange of prisoners - have been unable to adjust their differences. Their action on the - subject of these differences is delayed and embarrassed by the - necessity of referring each subject as it arises to superior - authority for decision. I believe that I have just grounds of - complaint against the officers and forces under your command for - breach of the terms of the cartel, and, being myself ready to execute - it at all times in good faith, I am not justified in doubting the - existence of the same disposition on your part. - - "In addition to this matter, I have to complain of the conduct of - your officers and troops in many parts of the country, who violate - all the rules of war, by carrying on hostilities, not only against - armed foes, but against non-combatants, aged men, women, and - children; while others not only seize such property as is required - for the use of your forces, but destroy all private property within - their reach, even agricultural implements; and openly avow the - purpose of seeking to subdue the population of the districts where - they are operating, by the starvation that must result from the - destruction of standing crops and agricultural tools. - - "Still, again, others of your officers in different districts have - recently taken the lives of prisoners who fell into their power, and - justify their act by asserting a right to treat as spies the military - officers and enlisted men under my command, who may penetrate for - hostile purposes into States claimed by me to be engaged in the - warfare now waged against the United States, and claimed by the - latter as having refused to engage in such warfare. - - "I have heretofore, on different occasions, been forced to make - complaint of these outrages, and to ask from you that you should - either avow or disclaim having authorized them, and have failed to - obtain such answer as the usages of civilized warfare require to be - given in such cases. - - "These usages justify, and indeed require, redress by retaliation, as - the proper means of repressing such cruelties as are not permitted in - warfare between Christian peoples. I have, notwithstanding, refrained - from the exercise of such retaliation, because of its obvious - tendency to lead to a war of indiscriminate massacre on both sides, - which would be a spectacle so shocking to humanity and so disgraceful - to the age in which we live and the religion we profess, that I can - not contemplate it without a feeling of horror that I am disinclined - to doubt you would share. - - "With the view, then, of making one last solemn attempt to avert such - calamities, and to attest my earnest desire to prevent them, if it be - possible, I have selected the bearer of this letter, the Hon. - Alexander H. Stephens, as a military commissioner to proceed to your - headquarters under flag of truce, there to confer and agree on the - subjects above mentioned; and I do hereby authorise the said - Alexander H. Stephens to arrange and settle all differences and - disputes which may have arisen or may arise in the execution of the - cartel for exchange of prisoners of war, heretofore agreed on between - our respective land and naval forces; also to agree to any just - modification that may be found necessary to prevent further - misunderstandings as to the terms of said cartel; and finally to - enter into such arrangement or understanding about the mode of - carrying on hostilities between the belligerents as shall confine the - severities of the war within such limits as are rightfully imposed, - not only by modern civilization, but by our common Christianity. I - am, very respectfully, your obedient servant, - - "JEFFERSON DAVIS, - - "_Commander-in-Chief of the land and naval forces of the Confederate - States._ - - "To ABRAHAM LINCOLN, - - "_Commander-in-Chief of the land and naval fores of the United - States._" - -On July 3, 1863, Mr. Stephens proceeded down the James River under a -flag of truce, and when near Newport News his further progress was -arrested by the orders of the Admiral of the enemy's fleet. The -object of his mission, with a request for permission to go to -Washington, was made known to that officer, who, by telegraph, -communicated with the Government at Washington. The reply of that -Government was: - - "The request is inadmissible. The customary agents and channels are - adequate for all needful military communications and conference - between the United States forces and the insurgents." - -This was all the notice ever taken of our humane propositions. We -were stigmatized as insurgents, and the door was shut in our faces. -Does not this demonstrate an intent to subjugate our States? - -From the correspondence of our exchange commissioner, Judge Ould, it -appears that, from the date of the cartel on July 22, 1862, until the -summer of 1863, we had an excess of prisoners. During the interval -deliveries were made as fast as the enemy furnished transportation. -Indeed, upon more than one occasion they were urged to send increased -means of transportation. It was never alleged that we failed or -neglected to make prompt deliveries of prisoners who were not held -under charges when they had the excess. On the other hand, the cartel -was openly and notoriously violated by the Washington authorities. -Officers and men were kept in confinement, sometimes in irons or -doomed to cells, without charge or trial. Many officers were kept in -confinement even after the notices published by the enemy had -declared them to be exchanged. - -In the summer of 1863 the authorities at Washington insisted upon -exchanges limited to such as were held in confinement on either side. -This was resisted as in violation of the cartel. Such a construction -not only kept in confinement the excess on either side, but ignored -all paroles which were held by the Confederate Government. These were -very many, being the paroles of officers and men who had been -released on capture. The authorities at Washington at that time held -few or no paroles. They had all, or nearly all, been surrendered. We -gave prisoners as an equivalent for them. As long as we had the -excess of prisoners, matters went on smoothly enough; but, as soon as -the posture of affairs in that respect was changed, the cartel could -no longer be observed. So long as the United States Government held -the paroles of Confederate officers and men, they were respected and -made the basis of exchange; but when equivalents were obtained for -them, and no more were in hand, they would not recognize the paroles -which were held by us. In consequence of the position thus assumed by -the Government of the United States, the requirement of the cartel -that all prisoners should be delivered within ten days was -practically nullified. The deliveries which were afterward made were -the results of special agreements. - -The wish of the Confederate Government, which it was hoped had been -accomplished by the cartel, was the prompt release of all prisoners -on both sides, either by exchange or parole. When, in 1864, the -cartel was so disregarded by the enemy as to indicate that prisoners -would be held long in confinement, Andersonville, in Georgia, was -selected for the location of a principal prison. The site was chosen -because of its supposed security from raids, together with its -salubrity, the abundance of water and timber, and the productive -farming country around it. General Howell Cobb, then commanding in -Georgia, employed a large number of negro laborers in the -construction of a stockade and temporary shelter for the number of -prisoners it was expected would be assembled there. The number, -however, rapidly increased, and, by the middle of May, gangrene and -scurvy made their appearance. General John H. Winder, who had been -stationed in Richmond in charge of the police and local guards, as -well as the general control of prisoners, went to Andersonville in -June, and found disease prevailing to such an extent that, to abate -the pestilence, he immediately advised the removal of prisoners to -other points. As soon as arrangements could be made, he was -instructed to disperse them to Millen and elsewhere, as in his -judgment might be best for their health, comfort and safety. In July -he made arrangements to procure vegetables, recommended details of -men to cultivate gardens, and that hospital accommodations should be -constructed outside of the prison; all of which recommendations were -approved, and as far as practicable executed. In September General -Winder, with the main body of the prisoners, removed first to Millen, -Georgia, and then to Florence, South Carolina. - -Major Wirz thereafter remained in command at Andersonville, and the -testimony of Chief-Surgeon Stevenson, of the hospital at -Andersonville, bears testimony to the success with which Wirz -improved the post, and the good effect produced upon the health of -the prisoners. This unfortunate man--who, under the severe -temptation to which he was exposed before his execution, exhibited -honor and fidelity strongly in contrast with his tempters and -persecutors--it now appears, was the victim of men whom, in his -kindness, he paroled to take care of their sick comrades, and who, -after having violated their parole, appeared to testify against him. - -In like manner has calumny pursued the memory of General John H. -Winder, a man too brave to be cruel to anything within his power, too -well bred and well born to be influenced by low and sordid motives. I -have referred only to a few of the facts illustrative of his kindness -to the prisoners after he went to Georgia, and they were in keeping -with his conduct toward the prisoners at Richmond. This latter fact, -together with his sterling integrity and soldierly character, had -caused his selection for the chief control of Confederate prisons. - -The Adjutant-General, Samuel Cooper, a man as pure in heart as he was -sound in judgment, was the classmate of Winder; their lives had been -passed in the array in frequent intercourse; and General Cooper, in a -letter of July 9, 1871, wrote that "General Winder, who had the -control of the Northern prisoners, was an honest, upright, and humane -gentleman, and as such I had known him for many years. He had the -reputation, in the Confederacy, of treating the prisoners confided to -his general supervision with great kindness and consideration." - -In January, 1864, and even earlier, it became manifest that, in -consequence of the complication in relation to exchanges, the large -mass of prisoners on both sides would remain in captivity for many -long and weary months, if not for the duration of the war. In order -to alleviate the hardships of confinement on both sides, our -commissioner, on January 24, 1863, addressed a communication to -General E. A. Hitchcock, United States commissioner of exchange, in -which he proposed that all prisoners on each side should be attended -by a proper number of their own surgeons, who, under rules to be -established, should be permitted to take charge of their health and -comfort. - -It was also proposed that these surgeons should act as commissaries, -with power to receive and distribute such contributions of money, -food, clothing, and medicines as might be forwarded for the relief of -the prisoners. It was further proposed that these surgeons should be -selected by their own Government, and that they should have full -liberty at any and all times, through the agents of exchange, to make -reports, not only of their own acts, but of any matters relating to -the welfare of the prisoners. - -To this communication no reply of any kind was ever made. - -Again, Commissioner Ould, in a communication published in August, -1868, further says: - - "About the last of March, 1864, I had several conferences with - General B. F. Butler, then agent of exchange at Fortress Monroe, in - relation to the difficulties attending the exchange of prisoners, and - we reached what we both thought a tolerably satisfactory basis. The - day that I left there General Grant arrived. General Butler says he - communicated to him the state of the negotiations, and 'most emphatic - verbal directions were received from the Lieutenant-General not to - take any step by which another able-bodied man should be exchanged - until further orders from him'; and that on April 30, 1864, he - received a telegram from General Grant 'to receive all the sick and - wounded the Confederate authorities may send you, but send no more in - exchange.' Unless my recollection fails me, General Butler also, in - an address to his constituents, substantially declared that he was - directed, in his management of the question of exchange with the - Confederate authorities, to put the matter _offensively, for the - purpose of preventing an exchange_." - -The signification of the word "offensively," in the preceding line, -relates to the exchange of negro soldiers. The Government of the -United States contended that the slaves in their ranks were such no -longer; that it was bound to accord to them, when made prisoners, the -same protection that it gave all other soldiers. We asserted the -slaves to be property, under the Constitution of the United States -and that of the Confederate States, and that property recaptured from -the enemy in war reverts to its owner, if he can be found, or it may -be disposed of by its captor. - -On October 1st, when the number of prisoners was large on either -side. General Lee addressed a note to General Grant, saying: - - "With a view of alleviating the sufferings of our soldiers, I have - the honor to propose an exchange of the prisoners of war belonging to - the armies operating in Virginia, man for man, or upon the basis - established by the cartel." - -On the next day General Grant replied: - - "I could not of a right accept your proposition further than to - exchange those prisoners captured within the last three days, and who - have not yet been delivered to the commanding General of prisoners. - Among those lost by the armies operating against Richmond were a - number of colored troops. Before further negotiations are had upon - the subject, I would ask if you propose delivering these men the same - as white soldiers." - -On the next day General Lee said, in rejoinder: - - "In my proposition of the 1st inst., to exchange the prisoners of war - belonging to the armies operating in Virginia, I intended to include - all captured soldiers of the United States, of whatever nation and - color, under my control. Deserters from our service and negroes - belonging to our citizens are not considered subjects of exchange, - and were not included in my proposition. If there are any such among - those stated by you to have been captured around Richmond, they can - not be returned." - -On October 20th General Grant finally answered, saying; - - "I shall always regret the necessity of retaliating for wrong done - our soldiers, but regard it my duty to protect all persons received - into the army of the United States, regardless of color or - nationality; when acknowledged soldiers of the Government are - captured, they must be treated as prisoners of war, or such treatment - as they receive inflicted upon an equal number of prisoners held by - us." - -This was "putting the matter offensively, for the purpose of -preventing an exchange," as recommended by General Grant for the -adoption of General Butler. - -But let us return to the progress of negotiations. In a dispatch from -General Grant to General Butler, dated City Point, August 18, 1864, -the former says: - - "On the subject of exchange, however, I differ from General - Hitchcock. It is hard on our men held in Southern prisons not to - exchange them, but it is humanity to those left in the ranks to fight - our battles. Every man released on parole, or otherwise, becomes an - active soldier against us at once, either directly or indirectly. If - we commence a system of exchange, which liberates all prisoners - taken, we will have to fight on until the whole South is - exterminated. If we hold those caught, they amount to no more than - dead men. At this particular time to release all rebel prisoners - North would insure Sherman's defeat, and would compromise our safety - here." - -We now proposed to the Government of the United States to exchange -the prisoners respectively held, officer for officer and man for man. -We had previously declined this proposal, and insisted on the terms -of the cartel, which required the delivery of the excess on either -side on parole. At the same time we sent a statement of the mortality -prevailing among the prisoners at Andersonville. - -As no answer had been received relative to this proposal, a -communication was sent, on August 22, 1864, to Major-General E. A. -Hitchcock, United States commissioner of exchange, containing the -same proposal which had been before delivered to the assistant -commissioner, and a request was made for its acceptance. - -No answer was received to either of these letters, and on August 31st -the assistant commissioner stated that he had no communication on the -subject from the United States Government, and that he was not -authorized to make an answer. - -This offer, which would have released every soldier of the United -States confined in our prisons, was not even noticed. Indeed, the -United States Government had, at that time, a large excess of -prisoners, and the effect of the proposal, if carried out, would have -been to release all the prisoners belonging to it, while a large -number of ours would have remained in prison awaiting the chances of -the capture of their equivalents. - -Thus, having ascertained that exchanges could not be made, either on -the basis of the cartel, or officer for officer and man for man, we -offered to the United States Government their sick and wounded -without requiring any equivalents. On these terms, we agreed to -deliver from ten to fifteen thousand at the mouth of the Savannah -River; and we further added that, if the number for which -transportation might be sent could not be readily made up from sick -and wounded, the difference should be supplied with well men. -Although the offer was made in the summer, the transportation did not -arrive until November. And as the sick and wounded were at points -distant from Georgia, and could not be brought to Savannah within a -reasonable time, five thousand well men were substituted. In return, -some three thousand sick and wounded were delivered to us at the same -place. The original rolls showed that some thirty-five hundred had -started from Northern prisons, and that death had reduced the number -during the passage to about three thousand. - -On two occasions we were specially asked to send the very sick and -desperately wounded prisoners, and a particular request was made for -men who were so seriously sick that it was doubtful whether they -would survive a removal a few miles down James River. Accordingly, -some of the worst cases, contrary to the judgment of our surgeons, -but in compliance with the piteous appeals of the sick prisoners, -were sent away, and after being delivered they were taken to -Annapolis, Maryland, and there photographed as specimen prisoners. -The photographs at Annapolis were terrible indeed, but the misery -they portrayed was surpassed by some of those we received in exchange -at Savannah. Why was there this delay between the summer and November -in sending vessels for the transportation of sick and wounded, for -whom no equivalents were asked? Were Federal prisoners left to -suffer, and afterward photographed "to aid in firing the popular -heart of the North"? - -In the summer of 1864, in consequence of certain information -communicated to our commissioner, Mr. Ould, by the Surgeon-General of -the Confederate States, as to the deficiency of medicines. Mr. Ould -offered to make purchases of medicines from the United States -authorities, to be used exclusively for the relief of the Union -prisoners. He offered to pay gold, cotton, or tobacco for them, and -even two or three prices if required. At the same time he gave -assurances that the medicines would be used exclusively for the -treatment of Union prisoners; and moreover agreed, on behalf of the -Confederate States, if it were insisted on, that such medicines might -be brought into the Confederate lines by the United States surgeons, -and dispensed by them. Incredible as it may appear, it is, -nevertheless, strictly true that no reply was ever received to this -offer. - -One final effort was now made to obtain an exchange. This consisted -in my sending a delegation from the prisoners at Andersonville to -plead their cause before the authorities at Washington. It was of no -avail. President Lincoln refused to see them. They were made to -understand that the interests of the Government of the United States -required that they should return to prison and remain there. They -carried back the sad tidings that their Government held out no hope -of their release. - - "We have a letter from the wife of the chairman of that delegation - (now dead) in which she says that her husband always said that he was - more contemptuously treated by Secretary of War Stanton than he ever - was at Andersonville." [114] - -Another prisoner, Henry M. Brennan, writes: - - "I was at Andersonville when the delegation of prisoners spoken of by - Jefferson Davis left there to plead our cause with the authorities at - Washington; and nobody can tell, unless it be a shipwrecked and - famished mariner, who sees a vessel approaching and then passing on - without rendering the required aid, what fond hopes were raised, and - how hope sickened into despair, waiting for the answer that never - came. In my opinion, and that of a good many others, a good part of - the responsibility for the horrors of Andersonville rests with - General U. S. Grant, who refused to make a fair exchange of - prisoners." - -The following extracts are from the official report of Major-General -Butler to "the Committee on the Conduct of the War," which was -appointed by a joint resolution of Congress, during the war: - - "Mr. Ould left on the 31st of March, 1864, with the understanding - that I would get authority and information from my Government, by - which all disputed points could be adjusted, and would then confer - with him further, either meeting him at City Point or elsewhere for - that purpose. In the mean time exchanges of sick and wounded, and - special exchanges, should go on. - - "General Grant visited Fortress Monroe on April 1st, being the first - time I had ever met him. To him the state of the negotiations as to - exchange[115] was verbally communicated; and most emphatic directions - were received from the Lieutenant-General not to take any step by - which another able-bodied man should be exchanged, until further - orders from him." - -General Butler next gives the following from General Mulford, United -States assistant agent of exchange, addressed to him: - - "GENERAL: The Confederate authorities will exchange prisoners on the - basis heretofore proposed by our Government--that is, man for man. - This proposition was proposed formally to me after I saw you." - -General Butler's report continues as follows: - - "Accident prevented my meeting the rebel commissioner, so that - nothing was done; but after conversation with General Grant, in reply - to the proposition of Mr. Ould to exchange all prisoners of war on - either side held, man for man, officer for officer, I wrote an - argument showing our right to our colored soldiers. This argument set - forth our claims in the most offensive form possible, consistently - with ordinary courtesy of language, for the purpose of carrying out - the wishes of the Lieutenant-General that no prisoners of war should - be exchanged. This paper was published so as to bring a public - pressure by the owners of slaves upon the rebel Government, in order - to forbid their exchange." - -The report continues: - - "In case the Confederate authorities took the same view as General - Grant, believing that an exchange 'would defeat Sherman and imperil - the safety of the Armies of the Potomac and the James,' and therefore - should yield to the argument, and formally notify me that their - former slaves captured in our uniform would be exchanged as other - soldiers were, and that they were ready to return us all our - prisoners at Andersonville and elsewhere in exchange for theirs, then - I had determined, with the consent of the Lieutenant-General, as a - last resort to prevent exchange, to demand that the outlawry against - me should formally be reversed and apologized for, before I would - further negotiate the exchange of prisoners. But the argument was - enough, and the Confederates never offered to me afterward to - exchange the colored soldiers who had been slaves, held in prison by - them." - -Further on in the report General Butler gives the history of some -naval exchanges, in the course of which colored prisoners were -delivered, and concludes his observations on that head as follows: - - "It will be observed that the rebels had exchanged all the naval - colored prisoners, so that the negro question no longer impeded the - exchange of prisoners; in fact, if we had demanded the exchange of - all, man for man, officer for officer, they would have done it." - -The conclusion of the report is as follows: - - "I have felt it my duty to give an account with this particular - carefulness of my participation in the business of exchange of - prisoners, the orders under which I acted, and the negotiations - attempted, which comprises a faithful narration of all that was done, - so that all may become a matter of history. The great importance of - the questions; the fearful responsibility for the many thousands of - lives which, by the refusal to exchange, were sacrificed by the most - cruel forms of death, from cold, starvation, and pestilence of the - prison-pens of Raleigh and Andersonville, being more than all the - British soldiers killed in the wars of Napoleon; the anxiety of - fathers, brothers, sisters, mothers, wives, to know the exigency - which caused this terrible, and perhaps, as it may have seemed to - them, useless and unnecessary, destruction of those dear to them, by - horrible deaths, each and all have compelled me to this exposition, - so that it may be seen that those lives were spent as a part of the - system of attack upon the rebellion, devised by the wisdom of the - General-in-Chief of the armies, to destroy it by depletion, depending - upon our superior numbers to win the victory at last. The loyal - mourners will doubtless derive solace from this fact, and appreciate - all the more highly the genius which conceived the plan, and the - success won at so great a cost." - -Sufficient facts have been presented to satisfy every intelligent and -candid mind of our entire readiness to surrender, for exchange, all -the prisoners in our possession, whenever the Government of the -United States would honestly meet us for that purpose. At any hour -perfect arrangements could have been made with us for the restoration -to it of all its soldiers held as prisoners by us, if its authorities -at Washington had consented so to do. On them rests the criminality -for the sufferings of these prisoners. - -Further, the Government of the United States, in order to effect our -subjugation, devastated our fields, destroyed our crops, broke up our -railroads, and thus interrupted our means of transportation, and -reduced our people, our armies, and consequently their soldiers, who -were our prisoners, all alike, to the most straitened condition for -food. Our medicines for the sick were exhausted, and, contrary to the -usage of civilized nations, they were made, by our enemy, contraband -of war. After causing these and other distressing events--of which -Atlanta, where the women and children were driven into the fields and -their houses burned, and Columbia, with its smoking and plundered -ruins, were prominent examples--after every effort to excite our -slaves to servile war--this Government of the United States turned -to the Northern people, and, charging us with atrocious cruelties to -their sons, who were our prisoners, appealed to them again and again -to recruit the armies and take vengeance upon us by our abject -subjugation or entire extermination. It was the last effort of the -usurper to save himself. - -But there is another scene to be added to these cruelties. During all -this time, Northern prisons were full of our brave and heroic -soldiers, of whom there were about sixty thousand. The privations -which they suffered, the cruelties inspired by the malignant spirit -of the Government, which were inflicted upon them, surpass any -records of modern history: yet we have had no occasion to seek out a -Wirz for public trial before an illegal court, that we might conceal -behind him our own neglect and cruel sacrifice of them. That we might -clothe our brave men in the prisons of the United States Government, -I made an application for permission to send cotton to Liverpool, and -therewith purchase the supplies which were necessary. The request was -granted, but only on condition that the cotton should be sent to New -York and the supplies bought there. This was done by our agent, -General Beale. The suffering of our men in Northern prisons caused -the application; that it was granted, refutes the statement that our -men were comfortably maintained. - -Finally, to the bold allegations of ill-treatment of prisoners on our -side, and humane treatment and adequate supplies on that of our -opponents, it is only necessary to offer two facts: First, the report -of the Secretary of War, E. M. Stanton, made on July 19, 1866, shows -that, of all the prisoners in our hands during the war, only 22,576 -died; while, of the prisoners in our opponents' hands, 26,246 died. -Second, the official report of Surgeon-General Barnes, an officer of -the United States Government, states that, in round numbers, the -number of Confederate States prisoners in their hands amounted to -220,000, the number of United States prisoners in our hands amounted -to 270,000. Thus, out of the 270,000 in our hands, 22,000 died; while -of the 220,000 of our soldiers in their hands, 26,000 died. Thus, -more than twelve per cent. of the prisoners in our opponents' hands -died, and less than nine per cent. of the prisoners in our hands died. - -When, in this connection, it is remembered how much our resources -were reduced, that our supply of medicines required in summer -diseases was exhausted, and that Northern men when first residing at -the South must undergo acclimation, and that these conditions in the -Northern States were the reverse in each particular--the fact that -greater mortality existed in Northern than in Southern prisons can -only be accounted for by the kinder treatment received in the latter. -To present the case in a sentence--we did the best we could for -those whom the fortune of war had placed at our mercy; and the enemy, -in the midst of plenty, inflicted cruel, wanton deprivation on our -soldiers who fell within his power. - -In regard to the failure in the exchange of prisoners, General B. F. -Butler has irrefutably fixed the responsibility on the Government at -Washington and on General Grant. The obstacles thus thrown in the way -were not only persistently interposed, but artfully designed to be -insurmountable. - -On the other hand, the Confederate Government, through Colonel Ould, -its commissioner of exchanges, sought by all practicable means to -execute the obligations of the cartel, and otherwise to relieve the -suffering of prisoners kept in confinement; through a delegation of -the Federal prisoners at Andersonville, it sought to attract the -notice of their Government to their sufferings; and, finally, -confiding in the chivalry characteristic of soldiers, sought, through -General Lee, to make an arrangement with General Grant for the -exchange of all the prisoners held in their respective commands, and -as many more as General Grant could add in response to all held by -the Confederate Government.[116] - - -[Footnote 112: "Southern Historical Society Papers," March, 1876.] - -[Footnote 113: See chapter xxxiv.] - -[Footnote 114: Editor of Southern Historical Society Papers.] - -[Footnote 115: "The negotiations as to exchange, to which General Butler -refers, were the points of agreement between General Butler and -myself, under which exchanges of all white and free black soldiers, -man for man and officer for officer, were to go on, leaving the -question as to slaves to be disposed of by subsequent arrangement."-- -(Letter of Mr. Ould, June, 1879.)] - -[Footnote 116: For full and exact information, compiled from official -records and other documents, the reader is referred to "Treatment of -Prisoners," by J. William Jones, D. D., and to "The Southern Side: or -Andersonville Prison, compiled from Official Documents" by R. -Randolph Stevenson, M. D.] - - - - -CHAPTER L. - - Subjugation the Object of the Government of the United States.--The - only Terms of Peace offered to us.--Rejection of all Proposals.-- - Efforts of the Enemy.--Appearance of Jacques and Gilmore - at Richmond.--Proposals.--Answer.--Commissioners sent to Canada.-- - The Object.--Proceedings.--Note of President Lincoln.--Permission - to visit Richmond granted to Francis P. Blair.--Statement of my - Interview with him.--My Letter to him.--Response of President - Lincoln.--Three Persons sent by me to an Informal Conference.-- - Their Report.--Remarks of Judge Campbell.--Oath of President - Lincoln.--The Provision of the Constitution and his Proclamation - compared.--Reserved Powers spoken of in the Constitution.--What are - they, and where do they exist?--Terms of Surrender offered to our - Soldiers. - - -That it was the purpose of the Government of the United States to -subjugate the Southern States and the Southern people, under the -pretext of a restoration of the Union, is established by the terms -and conditions offered to us in all the conferences relative to a -settlement of differences. All were comprehended in one word, and -that was subjugation. If the purpose had been an honorable and -fraternal restoration of the Union as was avowed, methods for the -adjustment of difficulties would have been presented and discussed; -propositions for reconciliation with concessions and modifications -for grievances would have been kindly offered and treated; and a way -would have been opened for a mutual and friendly intercourse. How -unlike this were all the propositions offered to us, will be seen in -the proceedings which took place in the conferences, and in the terms -of surrender offered to our soldiers. It should be remembered that -mankind compose one uniform order of beings, and thus the language of -arbitrary power has the same signification in all ages. When Major -Pitcairn marched the British soldiers upon the common, at Lexington, -in Massachusetts, on April 19, 1775, and, drawing his sword, rushed -upon the little line of Continentals, exclaiming: "Disperse, ye -rebels! throw down your arms and disperse!" he expressed the same -conditions which were offered to us in all our negotiations with the -President of the United States and his generals. Does any one doubt -that Major Pitcairn meant subjugation, or that Great Britain meant -subjugation? Let them as dispassionately construe the Government of -the United States in its declarations to us. - -Several efforts were made by us to communicate with the authorities -at Washington without success. Commissioners were sent before -hostilities were begun, and the Government of the United States -refused to receive them, or hear what they had to say. A second time -I sent a military officer with a communication addressed by myself to -President Lincoln. The letter was received by General Scott, who did -not permit the officer to see Mr. Lincoln, but promised that an -answer would be sent. No answer was ever received. The third time a -gentleman was sent whose position, character, and reputation were -such as to insure his reception, if the enemy had not been determined -to receive no proposals whatever from our Government. Vice-President -Stephens made a patriotic tender of his services, in the hope of -being able to promote the cause of humanity; and, although little -belief was entertained of his success, I cheerfully yielded to his -suggestions, that the experiment should be tried. The enemy refused -to let him pass through their lines or to hold any conference with -him. He was stopped before he reached Fortress Monroe. - -If we would break up our Government, dissolve the Confederacy, -disband our armies, emancipate our slaves, take an oath of -allegiance, binding ourselves to obedience to it and to disloyalty to -our own States, the Government of the United States proposed to -pardon us, and not to deprive us of anything more than the property -already robbed from us, and such slaves as still remained. In order -to render the proposals so insulting as to secure their rejection, -the President of the United States joined to them a promise to -support with his army one tenth of the people of any State who would -attempt to set up a government over the other nine tenths; thus -seeking to sow discord among the people of the several States, and to -excite them to civil war in furtherance of his ends. - -The next movement relating to the accommodation of differences -occurred in July, 1864, and consisted in the appearance at Richmond -of Colonel James F. Jacques, of the Seventy-eighth Illinois Infantry, -and James R. Gilmore, of Massachusetts, soliciting an interview with -me. They stated that they had no official character or authority, -"but were fully possessed of the views of the United States -Government, relative to an adjustment of the differences existing -between the North and the South," and did not doubt that a free -interchange of views would open the way to official negotiations, -etc. They had crossed our lines through a letter of General Grant to -Colonel Ould, commissioner for the exchange of prisoners. The -Secretary of State, Mr. Benjamin, to whom they were conducted, -accompanied them to my office. Colonel Jacques expressed the ardent -desire he felt, in common with the men of their army, for a -restoration of peace, using such emphatic terms as that the men would -go home in double-quick time if they could only see peace restored. -Mr. Gilmore addressed me, and in a few minutes conveyed the -information that the two gentlemen had come to Richmond impressed -with the idea that the Confederate Government would accept a peace on -the basis of a reconstruction of the Union, the abolition of slavery, -and the grant of an amnesty to the people of the States as repentant -criminals. In order to accomplish the abolition of slavery, it was -proposed that there should be a general vote of all the people of -both federations, in mass, and the majority of the vote thus taken -was to determine that as well as all other disputed questions. These -were stated to be Mr. Lincoln's views. The impudence of the remarks -could only be extenuated because of the ignorance displayed and the -profuse avowal of the kindest motives and intentions. - -I answered that, as these proposals had been prefaced by the remark -that the people of the North were a majority, and that a majority -ought to govern, the offer was, in effect, a proposal that the -Confederate States should surrender at discretion, admit that they -had been wrong from the beginning of the contest, submit to the mercy -of their enemies, and avow themselves to be in need of pardon for -their crimes; that extermination was preferable to dishonor. I stated -that, if they were themselves so unacquainted with the form of their -own government as to make such propositions, Mr. Lincoln ought to -have known, then giving them his views, that it was out of the power -of the Confederate Government to act on the subject of the domestic -institutions of the several States, each State having exclusive -jurisdiction on that point, still less to commit the decision of such -a question to the vote of a foreign people. Having no disposition to -discuss questions of state with such persons, especially as they bore -no credentials, I terminated the interview, and they withdrew with -Mr. Benjamin. - -The opening of the spring campaign of 1864 was deemed a favorable -conjuncture for the employment of the resources of diplomacy. To -approach the Government of the United States directly would have been -in vain. Repeated efforts had already demonstrated its inflexible -purpose--not to negotiate with the Confederate authorities. -Political developments at the North, however, favored the adoption of -some action that might influence popular sentiment in the hostile -section. The aspect of the peace party was quite encouraging, and it -seemed that the real issue to be decided in the Presidential election -of that year, was the continuance or cessation of the war. A -commission of three persons, eminent in position and intelligence, -was accordingly appointed to visit Canada, with a view to negotiation -with such persons in the North as might be relied upon to aid the -attainment of peace. The commission was designed to facilitate such -preliminary conditions as might lead to formal negotiations between -the two Governments, and they were expected to make judicious use of -any political opportunity that might be presented. - -The commissioners--Messrs. Clay, of Alabama; Holcombe, of Virginia; -and Thompson, of Mississippi--established themselves at Niagara -Falls in July, and on the 12th commenced a correspondence with Horace -Greeley, of New York. Through him they sought a safe-conduct to -Washington. Mr. Lincoln at first appeared to favor an interview, but -finally refused on the ground that the commissioners were not -authorized to treat for peace. His final announcement to them was the -following: - - "EXECUTIVE MANSION, WASHINGTON, D. C, _July 18, 1864._ - - "_To whom it may concern:_ - - "Any proposition which embraces the restoration of peace, the - integrity of the whole union, and the abandonment of slavery, and - which comes by and with an authority that can control the armies now - at war against the United States, will be received and considered by - the Executive Government of the United States, and will be met by - liberal terms on other substantial and collateral points, and the - bearer or bearers thereof shall have safe conduct both ways. - - "ABRAHAM LINCOLN." - -This movement, like all others which had preceded it, was a failure. - -On December 30, 1864, I received a request from Mr. Francis P. Blair, -a distinguished citizen of Montgomery County, Maryland, for -permission to visit Richmond for certain personal objects, which was -conceded to him. On January 12, 1865, he visited me, and the -following statement of our interview was immediately afterward -prepared: - - "RICHMOND, VIRGINIA, _January 12, 1865._ - - "_Memorandum of a confidential conversation held this day with F. - P. BLAIR, of Montgomery County, Maryland._ - - "Mr. Blair stated that, not receiving an answer to his application - for permission to visit Richmond, which had been sent from the - headquarters of General Grant's army, he returned to Washington and - there received the reply which had been made to his application, but - by some means had been withheld from him and been forwarded after - having been opened; that he had originally obtained permission to - visit Richmond from Mr. Lincoln, after stating to him that he (Mr. - Blair) had for many years held friendly relations with myself. Mr. - Lincoln stopped him, though he afterward gave him permission to visit - me. He stated, in explanation of his position, that he, being a man - of Southern blood, felt very desirous to see the war between the - States terminated, and hoped by an interview with me to be able to - effect something to that end; that, after receiving the pass which - had been sent to him by my direction, he sought before returning to - have a conversation with Mr. Lincoln; had two appointments for that - purpose, but on each occasion was disappointed, and, from the - circumstances, concluded that Mr. Lincoln avoided the interview, and - therefore came not only without credentials but without such - instructions from Mr. Lincoln as enabled him to speak for him. His - views, therefore, were to be regarded merely as his own, and said - they were perhaps merely the dreams of an old man, etc. He said, - despairing of being able to see me, he had determined to write to me, - and had the rough draft of a letter which he had prepared, and asked - permission to read it. Soon after commencing to do so, he said - (pleasantly) that he found his style was marked by his old pursuit, - and that the paper appeared too much like an editorial. He omitted, - therefore, portions of it, reading what he considered the main points - of his proposition. He had recognized the difference of our positions - as not entitling him to a response from me to the arguments and - suggestions which he desired to offer. I therefore allowed him to - read without comment on my part. When he had finished, I inquired as - to his main proposition, the cessation of hostilities and the union - of the military forces for the common purpose of maintaining the - 'Monroe doctrine'--how that object was to be reached. He said that - both the political parties of the United States asserted the Monroe - doctrine as a cardinal point of their creed; that there was a general - desire to apply it to the case of Mexico. For that purpose a secret - treaty might be made, etc. I called his attention to my past efforts - for negotiation, and my inability to see--unless Mr. Lincoln's - course in that regard should be changed--how we were to take the - first step. He expressed the belief that Mr. Lincoln would now - receive commissioners, but subsequently said he could not give any - assurance on that point, and proposed to return to Washington to - explain his project to Mr. Lincoln, and notify me, if his hope proved - well founded, that Mr. Lincoln would now agree to a conference for - the purpose of entering into negotiations. He affirmed that Mr. - Lincoln did not sympathize with the radical men who desired the - devastation and subjugation of the Southern States, but that he was - unable to control the extreme party, which now had great power in the - Congress, and would at the next session have still more; referred to - the existence of two parties in the Cabinet, to the reluctant - nomination of Mr. Chase to be Chief-Justice, etc. For himself, he - avowed an earnest desire to stop the further effusion of blood, as - one every drop of whose blood was Southern. He expressed the hope - that the pride, the power, and the honor of the Southern States - should suffer no shock; looked to the extension of Southern territory - even to the Isthmus of Darien, and hoped, if his views found favor, - that his wishes would be realized; reiterated the idea of State - sovereignty, with illustrations, and accepted the reference I made to - explanation given in the 'Globe,' when he edited it, of the - proclamation of General Jackson. - - "When his attention was called to the brutal atrocities of their - armies, especially the fiendish cruelty shown to helpless women and - children, as the cause of a deep-seated hostility on the part of our - people, and an insurmountable obstacle to an early restoration of - fraternal relations, he admitted the necessity for providing a new - channel for the bitter waters, and another bond than that of former - memories and interests. This was supposed to be contained in the - proposed common effort to maintain the 'Monroe doctrine' on the - American Continent. It was evident that he counted on the - disintegration of the Confederate States if the war continued, and - that in any event he regarded the institution of slavery as doomed to - extinction. I thought any remark by me on the first proposition would - lead to intimations in connection with public men which I preferred - not more distinctly to hear than as manifested in his general - remarks; on the latter point, for the reason stated, the inequality - of his responsibility and mine, I preferred to have no discussion. - The only difficulty which he spoke of as insurmountable was that of - existing engagements between European powers and the Confederate - States. This point, when referred to a second time as the dreaded - obstacle to a secret treaty which would terminate the war, was met by - me with a statement that we had now no such complication, were free - to act as to us should seem best, and desired to keep state policy - and institutions free from foreign control. Throughout the conference - Mr. Blair appeared to be animated by a sincere desire to promote a - pacific solution of the existing difficulty, but claimed no other - power than that of serving as a medium of communication between those - who had thus far had no intercourse, and were therefore without the - co-intelligence which might secure an adjustment of their - controversy. To his hopeful anticipation in regard to the restoration - of fraternal relations between the sections, by the means indicated, - I replied that a cessation of hostilities was the first step toward - the substitution of reason for passion, of sense of justice for a - desire to injure, and that, if the people were subsequently engaged - together to maintain a principle recognized by both, if together they - should bear sacrifices, share dangers, and gather common renown, that - new memories would take the place of those now planted by the events - of this war, and might, in the course of time, restore the feelings - which preexisted. But it was for us to deal with the problems before - us, and leave to posterity questions which they might solve, though - we could not; that, in the struggle for independence by our colonial - fathers, had failure instead of success attended their effort, Great - Britain, instead of a commerce which has largely contributed to her - prosperity, would have had the heavy expense of numerous garrisons, - to hold in subjection a people who deserved to be free and had - resolved not to be subject. Our conference ended with no other result - than an agreement that he would learn whether Mr. Lincoln would adopt - his (Mr. Blair's) project, and send or receive commissioners to - negotiate for a peaceful solution of the questions at issue; that he - would report to him my readiness to enter upon negotiations, and that - I knew of no insurmountable obstacle to such a treaty of peace as - would secure greater advantage to both parties than any result which - arms could achieve. - - "_January 14, 1865._ - - "The foregoing memorandum of conversation was this day read to Mr. - Blair, and altered in so far as he desired, in any respect, to change - the expressions employed. - - "JEFFERSON DAVIS." - -The following letter was given by me to Mr. Blair: - - "RICHMOND, VIRGINIA, _January 12, 1865._ - - "F. P. BLAIR, Esq. - - "SIR: I have deemed it proper and probably desirable to you to give - you in this form the substance of remarks made by me to be repeated - by you to President Lincoln, etc., etc. - - "I have no disposition to find obstacles in forms, and am willing - now, as heretofore, to enter into negotiations for the restoration of - peace, am ready to send a commission whenever I have reason to - suppose it will be received, or to receive a commission if the United - States Government shall choose to send one. That, notwithstanding the - rejection of our former offers, I would, if you could promise that a - commissioner, minister, or other agent would be received, appoint one - immediately, and renew the effort to enter into conference with a - view to secure peace to the two countries. - - "Yours, etc., JEFFERSON DAVIS." - - - "WASHINGTON, _January 18, 1865._ - - "F. P. BLAIR, Esq. - - "SIR: You having shown me Mr. Davis's letter to you of the 12th - instant, you may say to him that I have constantly been, am now, and - shall continue ready to receive any agent whom he or any other - influential person now resisting the national authority may - informally send to me with the view of securing peace to the people - of our one common country. - - "Yours, etc., A. LINCOLN." - -When Mr. Blair returned and gave me this letter of Mr. Lincoln of -January 18th, it being a response to my note to Mr. Blair of the -12th, he said it had been a fortunate thing that I gave him that -note, as it had created greater confidence in Mr. Lincoln regarding -his efforts at Richmond. Further reflection, he said, had modified -the views he formerly presented to me, and that he wanted to have my -attention for a different mode of procedure. - -He had, as he told Mr. Lincoln, held friendly relations with me for -many years; they began as far back as when I was a schoolboy at -Lexington, Kentucky, and he a resident of that place. In later years -we had belonged to the same political party, and our views had -generally coincided. There was much, therefore, to facilitate our -conference. He then unfolded to me the embarrassment of Mr. Lincoln -on account of the extreme men in Congress and elsewhere, who wished -to drive him into harsher measures than he was inclined to adopt; -whence it would not be feasible for him to enter into any arrangement -with us by the use of political agencies; that, if anything -beneficial could be effected, it must be done without the -intervention of the politicians. He, therefore, suggested that -Generals Lee and Grant might enter into an arrangement by which -hostilities would be suspended, and a way paved for the restoration -of peace. I responded that I would willingly intrust to General Lee -such negotiation as was indicated. - -The conference then ended, and, to report to Mr. Lincoln the result -of his visit, Mr. Blair returned to Washington. He subsequently -informed me that the idea of a military convention was not favorably -received at Washington, so it only remained for me to act upon the -letter of Mr. Lincoln. - -I determined to send, as commissioners or agents for the informal -conference, Messrs. Alexander H. Stephens, R. M. T. Hunter, and John -A. Campbell. - -A letter of commission or certificate of appointment for each was -prepared by the Secretary of State in the following form: - - "In compliance with the letter of Mr. Lincoln, of which the foregoing - is a copy, you are hereby requested to proceed to Washington City for - conference with him upon the subject to which it relates," etc. - -This draft of a commission was, upon perusal, modified by me so as to -read as follows: - - "RICHMOND, _January 28, 1865._ - - "In conformity with the letter of Mr. Lincoln, of which the foregoing - is a copy, you are requested to proceed to Washington City for an - informal conference with him upon the issues involved in the existing - war, and for the purpose of securing peace to the two countries." - -Some objections were made to this commission by the United States -officials, because it authorized the commissioners to confer for the -purpose "of securing peace to the two countries"; whereas the letter -of Mr. Lincoln, which was their passport, spoke of "securing peace to -the people of our one common country." But these objections were -finally waived. - -The letter of Mr. Lincoln expressing a willingness to receive any -agent I might send to Washington City, a commission was appointed to -go there; but it was not allowed to proceed farther than Hampton -Roads, where Mr. Lincoln, accompanied by Mr. Seward, met the -commissioners. Seward craftily proposed that the conference should be -confidential, and the commissioners regarded this so binding on them -as to prevent them from including in their report the discussion -which occurred. This enabled Mr. Seward to give his own version of it -in a dispatch to the United States Minister to the French Government, -which was calculated to create distrust of, if not hostility to, the -Confederacy on the part of the power in Europe most effectively -favoring our recognition. - -Why Mr. Lincoln changed his purpose, and, instead of receiving the -commissioners at Washington, met them at Hampton Roads, I can not, of -course, explain. Several causes may be conjecturally assigned. The -commissioners were well known in Washington, had there held high -positions, and, so far as there was any peace party there, might have -been expected to have influence with its members; but a more -important inquiry is: If Mr. Lincoln previously had determined to -hear no proposition for negotiation, and to accept nothing less than -an unconditional surrender, why did he propose to receive informally -our agent? If there was nothing to discuss, the agent would have been -without functions. - -I think the views of Mr. Lincoln had changed after he wrote the -letter to Mr. Blair of June 18th, and that the change was mainly -produced by the report which he made of what he saw and heard at -Richmond on the night he staid there. Mr. Blair had many -acquaintances among the members of the Confederate Congress; and all -those of the class who, of old, fled to the cave of Adullam, -"gathered themselves unto him." - -Mr. Hunter, in a published article on the peace commission, referring -to Mr. Blair's visit to Richmond, says: "He saw many old friends and -party associates. Here his representations were not without effect -upon his old confederates, who for so long had been in the habit of -taking counsel with him on public affairs." He then goes on to -describe Mr. Blair as revealing dangers of such overwhelming disaster -as turned the thoughts of many Confederates toward peace more -seriously than ever before. That Mr. Blair saw and noted this serious -inclining of many to thoughts of peace, scarcely admits of a doubt; -and, if he believed the Congress to be infected by a cabal -undermining the Executive in his efforts successfully to prosecute -the war, Mr. Lincoln may be naturally supposed thence to have reached -the conclusion that he should accept nothing but an unconditional -surrender, and that he should not allow a commission from the -Confederacy to visit the United States capital. - -The report of the commissioners, dated February 5, 1865, was as -follows: - - "_To the President of the Confederate States:_ - - "SIR: Under your letter of appointment of the 28th ult. We proceeded - to seek 'an informal conference' with Abraham Lincoln, President of - the United States, upon the subject mentioned in the letter. The - conference was granted and took place on the 30th ult., on board of a - steamer anchored in Hampton Roads, where we met President Lincoln and - the Hon. Mr. Seward, Secretary of State of the United States. It - continued for several hours, and was both full and explicit. We - learned from them that the message of President Lincoln to the - Congress of the United States, in December last, explains clearly and - distinctly his sentiments as to the terms, conditions, and method of - proceeding by which peace can be secured to the people, and we were - not informed that they would be modified or altered to obtain that - end. We understood from him that no terms or proposals of any treaty, - or agreement looking to an ultimate settlement, would be entertained - or made by him with the authorities of the Confederate States, - because that would be a recognition of their existence as a separate - power, which under no circumstances would be done; and, for a like - reason, that no such terms would be entertained by him for the States - separately; that no extended truce or armistice (as at present - advised) would be granted or allowed without a satisfactory assurance - in advance of the complete restoration of the authority of the - Constitution and laws of the United States over all places within the - States of the Confederacy; that whatever consequences may follow from - the reestablishment of that authority must be accepted; but that - individuals subject to pains and penalties under the laws of the - United States might rely upon a very liberal use of the power - confided to him to remit those pains and penalties if peace be - restored. - - "During the conference, the proposed amendment to the Constitution of - the United States adopted by Congress on the 31st ultimo was brought - to our notice. - - "This amendment provides that neither slavery nor involuntary - servitude, except for crime, should exist within the United States, - or any place within their jurisdiction, and that Congress should have - power to enforce this amendment by appropriate legislation. Very - respectfully, etc., - - "ALEXANDER H. STEPHENS, - - "R. M. T. HUNTER, - - "JOHN A. CAMPBELL." - -Thus closed the conference, and all negotiations with the Government -of the United States for the establishment of peace. Says Judge -Campbell, in his memoranda: - - "In conclusion, Mr. Hunter summed up what seemed to be the result of - the interview: that there could be no arrangements by treaty between - the Confederate States and the United States, or any agreements - between them; that there was nothing left for them but unconditional - submission." - -By reference to the message of President Lincoln of December 6, 1864, -which is mentioned in the report, it appears that the terms of peace -therein stated were as follows: - - "In presenting the abandonment of armed resistance to the national - authority on the part of the insurgents, as the only indispensable - condition to ending the war on the part of the Government, I retract - nothing heretofore said as to slavery. I repeat the declaration made - a year ago, that 'while I remain in my present position I shall not - attempt to retract or modify the emancipation proclamation, nor shall - I return to slavery any person who is free by the terms of that - proclamation, or by any act of Congress.' - - "If the people should, by whatever mode or means, make it an - executive duty to reënslave such persons, another, and not I, must be - their instrument to perform it." - -On the 4th of March, 1861, President Lincoln appeared on the western -portico of the Capitol at Washington, and in the presence of a great -multitude of witnesses took the following oath: - - "I do solemnly swear that I will faithfully execute the office of - President of the United States, and will, to the best of my ability, - preserve, protect, and defend the Constitution of the United States." - -The first section of the fourth article of the Constitution of the -United States is in these words: - - "No person held to service or labor in one State, under the laws - thereof, escaping into another, shall, in consequence of any law or - regulation therein, be discharged from such service or labor, but - shall be delivered up on claim of the party to whom such service or - labor may be due." - -The intelligent reader will observe that the words of this section, -"in consequence of any law or regulation therein," embrace a -President's emancipation proclamation, as well as any other -regulation therein. Thus the Constitution itself nullified Mr. -Lincoln's proclamation, and made it of no force whatever. Yet he -assumed and maintained, with all the military force he could command, -that it set every slave free. Which is the higher authority, Mr. -Lincoln and his emancipation proclamation or the Constitution? If the -former, then what are constitutions worth for the protection of -rights? - -Again he says: - - "Nor shall I return to slavery any person who is free by the terms of - that proclamation or by an act of Congress." - -But the Constitution says he shall return them-- - - "but shall be delivered up on claim of the party to whom such service - is due." - -Who shall decide? Which is sovereign, Mr. Lincoln and his -proclamation or the Constitution? The Constitution says: - - "This Constitution, and the laws of the United States which shall be - made in pursuance thereof, shall be the supreme law of the land." - -Was it thus obeyed by Mr. Lincoln as the supreme law of the land? It -was not obeyed, but set aside, subverted, overturned by him. But he -said in his oath: - - "I do solemnly swear that I will, to the best of my ability, - preserve, protect, and defend the Constitution of the United States." - -Did he do it? Is such treatment of the Constitution the manner to -preserve, protect, and defend it? Of what value, then, are paper -constitutions and oaths binding officers to their preservation, if -there is not intelligence enough in the people to discern the -violations, and virtue enough to resist the violators? - -Again the report says: - - "We understood from him that no terms or proposals of any treaty or - agreement looking to an ultimate settlement would be entertained or - made by him with the authorities of the Confederate States, because - that would be a recognition of their existence as a separate power, - which under no circumstances would be done; and, for a like reason, - that no such terms would be entertained by him for the States - separately." - -Now the Constitution of the United States says, in Article X: - - "The powers not delegated to the United States by the Constitution, - nor prohibited by it to the States, are reserved to the States - respectively, or to the people." - -Within the purview of this article of the Constitution the States are -independent, distinct, and sovereign bodies--that is, in their -reserved powers they are as sovereign, separate, and supreme as the -Government of the United States in its delegated powers. One of these -reserved powers is the right of the people to alter or abolish any -form of government, and to institute a new one such as to them shall -seem most likely to effect their safety and happiness; that power is -neither "delegated to the United States by the Constitution nor -prohibited by it to the States." On the contrary, it is guaranteed to -the States by the Constitution itself in these words: - - "The powers not delegated to the United States by the Constitution, - nor prohibited by it to the States, are reserved to the States - respectively, or to the people." - -Mark the words, "are reserved to the States respectively, or to the -people." No one will venture to say that a sovereign State, by the -mere act of accession to the Constitution, delegated the power of -secession. The assertion would be of no validity if it were made; for -the question is one of fact as to the powers delegated or not -delegated to the United States by the Constitution. It is absurd to -ask if the power of secession in a State is delegated to the United -States by the Constitution, or prohibited by it to the States. No -trace of the delegation or prohibition of this power is to be found -in the Constitution. It is, therefore, as the Constitution says, -"reserved to the States respectively, or to the people." - -The Convention of the State of New York, which ratified the -Constitution of the United States on July 26, 1788, in its resolution -of ratification said: - - "We do declare and make known . . . that the powers of Government may - be reassumed by the people, whensoever it shall become necessary to - their happiness; that every power, jurisdiction, and right, which is - not by the said Constitution clearly delegated to the Congress of the - United States, or to the departments of the Government thereof, - remains to the people of the several States, or to their respective - State governments, to whom they may have granted the same. . . . - Under these impressions, and declaring that the rights aforesaid can - not be abridged or violated," etc., etc., "we, the said delegates, in - the name and in behalf of the people of the State of New York, do, by - these presents, assent to and ratify the said Constitution." - -With this and other conditions stated in the resolution of -ratification, it was accepted and approved by the other States, and -New York became a member of the Union. The resolution of Rhode Island -asserts the same reservation in regard to the reassumption of powers. - -It is unnecessary to examine here whether this reserved power exists -in the States respectively or in the people; for, when the -Confederate States seceded, it was done by the people, acting -through, or in conjunction with, the State, and by that power which -is expressly reserved to them in the Constitution of the United -States. When Mr. Lincoln, therefore, issued his proclamation calling -for seventy-five thousand men to subjugate certain "combinations too -powerful to be suppressed by the ordinary course of judicial -proceedings," he not only thereby denied the validity of the -Constitution, but sought to resist, by military force, the exercise -of a power clearly reserved in the Constitution, and reaffirmed in -its tenth amendment, to the States respectively or to the people for -their exercise. But, in order to justify his flagrant disregard of -the Constitution, he contrived the fiction of "combinations," and -upon this basis commenced the bloody war of subjugation with all its -consequences. Thus, any recognition of the Confederate States, or of -either of them, in his negotiations, would have exposed the -groundlessness of his fiction. But the Constitution required him to -recognize each of them, for they had simply exercised a power which -it expressly reserved for their exercise. Thus it is seen who -violated the Constitution, and upon whom rests the responsibility of -the war. - -It has been stated above that the conditions offered to our soldiers -whenever they proposed to capitulate, were only those of subjugation. -When General Buckner, on February 16, 1862, asked of General Grant to -appoint commissioners to agree upon terms of capitulation, he replied: - - "No terms, except unconditional and immediate surrender, can be - accepted." - -When General Lee asked the same question, on April 9, 1865, General -Grant replied: - - "The terms upon which peace can be had are well understood. By the - South laying down their arms, they will hasten that most desirable - event, save thousands of human lives and hundreds of millions of - property not yet destroyed." - -When General Sherman made an agreement with General Johnston for -formal disbandment of the army of the latter, it was at once -disapproved by the Government of the United States, and Sherman -therefore wrote to Johnston: - - "I demand the surrender of your army on the same terms as were given - to General Lee at Appomattox, on April 9th, purely and simply." - -It remains to be stated that the Government which spurned all these -proposals for peace, and gave no terms but unconditional and -immediate surrender, was instituted and organized for the purposes -and objects expressed in the following extract, and for no others: - - "We, the people of the United States, in order to form a more perfect - union, establish justice, insure domestic tranquillity, provide for - the common defense, promote the general welfare, and secure the - blessings of liberty to ourselves and our posterity, do ordain and - establish this Constitution for the United States of America." - - -[Footnote 117: General Hampton's letter to General Sherman, February 27, -1865.] - -[Footnote 118: "The Story of the Great March, from the Diary of a Staff -Officer." By Brevet Major George Ward Nichols, Aide-de-Camp to -General Sherman. New York: Harper & Brothers, 1865, pp. 112, _et seq_.] - - - - -CHAPTER LI. - - General Sherman leaves Savannah.--His March impeded.--Difficulty In - collecting Troops to oppose him.--The Line of the Salkehatchie.-- - Route of the Enemy's Advance.--Evacuation of Columbia.--Its - Surrender by the Mayor.--Burning the City.--Sherman responsible.-- - Evacuation of Charleston.--The Confederate Forces in North - Carolina.--General Johnston's Estimate.--General Johnston assigned - to the Command.--The Enemy's Advance from Columbia to Fayetteville, - North Carolina.--"Foraging Parties."--Sherman's Threat and - Hampton's Reply.--Description of Federal "Treasure-Seekers" by - Sherman's Aide-de-Camp.--Failure of Johnston's Projected Attack at - Fayetteville.--Affair at Kinston.--Cavalry Exploits.--General - Johnston withdraws to Smithfield.--Encounter at Averysboro.-- - Battles of Bentonville.--Union of Sherman's and Schofield's - Forces.--Johnston's Retreat to Raleigh. - - -After the evacuation of Savannah by General Hardee, it soon became -known that General Sherman was making preparations to march northward -through the Carolinas with the supposed purpose of uniting his forces -with those of General Grant before Richmond. General Hardee, having -left detachments at proper points to defend the approaches to -Charleston and Augusta, Georgia, withdrew the rest of his command to -the first-named city. General Wheeler's cavalry held all the roads -northward, and, by felling trees and burning bridges, obstructed -considerably the enemy's advance, which in the early part of January -was still further impeded by the heavy rains which had swollen the -rivers and creeks far beyond their usual width and depth. - -The seriously impaired condition of our railroad communications in -Georgia and Alabama, the effect of the winter rains on the already -poor and ill-constructed country roads, the difficulty in collecting -and transporting supplies, to impeded the concentration of our -available forces, that Generals Beauregard and Hardee--the former at -Columbia, South Carolina, and the latter at Charleston--could only -retard, not prevent, the onward march of the enemy. At the outset of -his movement the Salkehatchie River presented a very strong line of -defense. Its swollen condition at that time, and the wide, deeply -inundated swamps on both sides, rendered it almost impossible to -force or outflank the position if adequately defended. It might have -been better if we had then abandoned the attempt to hold cities of no -strategic importance, and concentrated their garrisons at this point, -where the chances of successful resistance were greater than at any -subsequent period of the campaign. For, even if our expectation had -been disappointed, and had the superior numerical force of the enemy -compelled us to withdraw from this line, the choice of several good -positions was open to us, any one of which, by moving upon converging -lines, we could reach sooner than was possible to Sherman, whose -passage of the river must have been much encumbered and delayed by -his trains. Of these defensive positions, Branchville and Orangeburg -may be regarded as eligible: had Sherman headed his columns toward -Charleston, our forces would have been in position to attack him in -front and on the flank. Had his objective point been Augusta, he -would have had our army in his rear; and had, as proved to be the -case, Columbia been the place at which he aimed, our army would have -been able to reach there sooner than he could. - -[Illustration: Lieutenant-General William J. Hardee] - -General Sherman left Savannah January 22, 1865, and reached -Pocotaligo on the 24th. On February 3d he crossed the Salkehatchie -with slight resistance at River's and Beaufort bridges, and thence -pushed forward to the South Carolina Railroad at Midway, Bamberg, and -Graham's. After thoroughly destroying the railroad between these -places, which occupied three or four days, he advanced slowly along -the line of the railroad, threatening Branchville, the junction of -the railroads from Augusta to Columbia and Charleston. For a short -time it was doubtful whether he proposed to attack Augusta, Georgia, -where it was well known we had our principal powder-mill, many -important factories and shops, and large stores of army supplies; but -on the 11th it was found that he was moving north to Orangeburg, on -the road from Branchville to Columbia, the latter city being the -objective point of his march. Early on the morning of the 16th the -head of his columns reached the Congaree opposite Columbia. The -bridge over that stream had been burned by our retreating troops, but -a pontoon bridge, built by the enemy under cover of strong -detachments who had crossed higher up at Saluda Factory, enabled the -main body to pass the river and enter the city on the morning of the -17th, the Confederate troops having previously evacuated it. On the -same day the Mayor formally surrendered the city to Colonel Stone, -commanding a brigade of the Fifteenth Corps, and claimed for its -citizens the protection which the laws of civilized war always accord -to non-combatants. In infamous disregard not only of the established -rules of war, but of the common dictates of humanity, the defenseless -city was burned to the ground, after the dwelling-houses had been -robbed of everything of value, and their helpless inmates subjected -to outrage and insult of a character too base to be described. - -Hypocrisy is the tribute which vice pays to virtue; therefore General -Sherman has endeavored to escape the reproaches for the burning of -Columbia by attributing it to General Hampton's order to burn the -cotton in the city, that it might not fall into the hands of the -enemy. General Hampton has proved circumstantially that General -Sherman's statement is untrue, and, though in any controversy to -which General Hampton may be a party, no corroborative evidence is -necessary to substantiate his assertion of a fact coming within his -personal observation, hundreds of unimpeachable witnesses have -testified that the burning of Columbia was the deliberate act of the -Federal soldiery, and that it was certainly permitted, if not -ordered, by the commanding General. The following letter of General -Hampton will to those who know him be conclusive: - - "WILD WOODS, MISSISSIPPI, _April 21, 1866._ - - "To Hon. REVERDY JOHNSON, _United States Senate._ - - "SIR: A few days ago I saw in the published proceedings of Congress - that a petition from Benjamin Kawles, of Columbia, South Carolina, - asking for compensation for the destruction of his house by tho - Federal army, in February, 1865, had been presented to the Senate, - accompanied by a letter from Major-General Sherman. In this letter - General Sherman uses the following language: 'The citizens of - Columbia set fire to thousands of bales of cotton rolled out into the - streets, and which were burning before we entered Columbia; I, - myself, was in the city as early as nine o'clock, and I saw these - fires, and knew that efforts were made to extinguish them, but a high - and strong wind prevented. I gave no orders for the burning of your - city, but, on the contrary, the conflagration resulted from the great - imprudence of cutting the cotton bales, whereby the contents were - spread to the wind, so that it became an impossibility to arrest the - fire. I saw in your Columbia newspaper the printed order of General - Wade Hampton, that on the approach of the Yankee army all the cotton - should thus be burned, and, from what I saw myself, I have no - hesitation in saying that he was the cause of the destruction of your - city.' - - "This charge, made against me by General Sherman, having been brought - before the Senate of the United States, I am naturally most - solicitous to vindicate myself before the same tribunal. But my State - has no representative in that body. Those who should be her - constitutional representatives there are debarred the right of - entrance into those halls. There are none who have the right to speak - for the South; none to participate in the legislation which governs - her; none to impose the taxes she is called upon to pay, and none to - vindicate her sons from misrepresentation, injustice, or slander. - Under these circumstances, I appeal to you, in the confident hope you - will use every effort to see that justice is done in this matter. - - "I deny, emphatically, that any cotton was fired in Columbia by my - order. I deny that the citizens 'set fire to thousands of bales - rolled out into the streets.' I deny that any cotton was on fire when - the Federal troops entered the city. I most respectfully ask of - Congress to appoint a committee, charged with the duty of - ascertaining and reporting all the facts connected with the - destruction of Columbia, and thus fixing upon the proper author of - that enormous crime the infamy he richly deserves. I am willing to - submit the case to any honest tribunal. Before any such I pledge - myself to prove that I gave a positive order, by direction of General - Beauregard, that no cotton should be fired; that not one bale was on - fire when General Sherman's troops took possession of the city; that - he promised protection to the city, and that, in spite of his solemn - promise, he burned the city to the ground, deliberately, - systematically, and atrociously. I, therefore, most earnestly request - that Congress may take prompt and efficient measures to investigate - this matter fully. Not only is this due to themselves and to the - reputation of the United States army, but also to justice and to - truth. Trusting that you will pardon me for troubling you, I am, very - respectfully, your obedient servant, - - "WADE HAMPTON." - -Were this the only instance of such barbarity perpetrated by General -Sherman's army, his effort to escape the responsibility might be more -successful, because more plausible; but when the eulogists of his -exploits note exultingly that "wide-spreading columns of smoke rose -wherever the army went," when it is incontrovertibly true that the -line of his march could be traced by the burning dwelling-houses and -by the wail of women and children pitilessly left to die from -starvation and exposure in the depth of winter, his plea of "not -guilty" in the case of the city of Columbia can not free him from the -reprobation which outraged humanity must attach to an act of cruelty -which only finds a parallel in the barbarous excesses of -Wallenstein's army in the Thirty Years' War, and which, even at that -period of the world's civilization, sullied the fame of that -otherwise great soldier. - -In consequence of General Sherman's movements, it was considered -advisable to evacuate Charleston (February 17th), that General -Hardee's command might become available for service in the field; and -thus that noble city and its fortresses, which the combined military -and naval forces of the United States, during an eighteen months' -siege, had failed to reduce, and which will stand for ever as -imperishable monuments of the skill and fortitude of their defenders, -were, on February 21st, without resistance, occupied by the Federal -forces under General Q. A. Gillmore. - -Fort Sumter, though it now presented the appearance of a ruin, was -really better proof against bombardment than when first subjected to -fire. The upper tier of masonry, from severe battering, had fallen on -the outer wall, and shot and shell served only to solidify and add -harder material to the mass. Over its rampart the Confederate flag -defiantly floated until the city of Charleston was evacuated. - -Every effort that our circumstances permitted was immediately and -thenceforward made to collect troops for the defense of North -Carolina. General Hood's army, the troops under command of General D. -H. Hill at Augusta, General Hardee's force, a few thousand men under -General Bragg, and the cavalry commands of Generals Hampton and -Wheeler, constituted our entire available strength to oppose -Sherman's advance. These were collected as rapidly as our broken -communications and the difficulty of gathering and transporting -supplies would permit. - -After the fall of Columbia, General Beauregard, commanding the -military department, retreated toward North Carolina. The Army of -Tennessee (Hood's) was moving from the west to make a junction with -the troops retiring from South Carolina. The two forces, if united -with Hardee's command, then moving in the same direction, would, it -was hoped, be able to make effective resistance to Sherman's advance. -In any event it was needful that they should be kept in such relation -to Lee's army as to make a junction with it practicable. In this -state of affairs I was informed that General Beauregard, after his -troops had entered North Carolina, had decided to march to the -eastern part of that State. This would leave the road to Charlotte -open to Sherman's pursuing column, which, interposing, would prevent -the troops coming from the west from joining Beauregard, enable him -to destroy our force in detail by the joint action of his own army -and that of Schofield, commanding the district of Wilmington. The -anxiety created by this condition of affairs caused me, after full -correspondence with General Lee, to suggest to him to give his views -to General Beauregard, and I sent to General Beauregard's -headquarters the chief-engineer, General J. F. Gilmer, he being -possessed fully of my opinions and wishes. General Beauregard -modified his proposed movements so as to keep his forces on the left -of the enemy's line of march until the troops coming from Hood's army -could make a junction. These were the veteran commands of Stevenson, -Cheatham, and Stewart. Lieutenant-General S. D. Lee, though he had -not entirely recovered from a wound received in the Tennessee -campaign, was at Augusta, Georgia, collecting the fragments of Hood's -army to follow the troops previously mentioned. They had not moved -together, and the first-named division had reached Beauregard's army -in South Carolina. - -Though it contained an implied compliment, General Lee was not a -little disturbed by occasional applications made to have troops -detached from his army to reënforce others. The last instance had -been a call from General Beauregard for reënforcements from the Army -of Virginia. He had always been attentive, and ready as far as he -could, to meet the wants of other commands of our army, but at this -time those who knew his condition could not suppose he had any men to -spare; yet the fact of thinking so was a compliment to his success in -resisting the large army which was assailing his small one. There had -always been entire co-intelligence and accord between General Lee and -myself, but the Congress about this time thought his power would be -increased by giving him the nominal dignity of general-in-chief, -under which he resumed, as far as he could, the general charge of -armies from which, at his urgent solicitation, I had relieved him -after he took command, in the field, of the Army of Northern Virginia. - -A few days subsequent to the events in North Carolina to which -reference has been made, General Lee proposed to me that General J. -E. Johnston should be put in command of the troops in North Carolina. -He still had the confidence in that officer which I had once felt, -but which his campaigns in Mississippi and Georgia had impaired. With -the understanding that General Lee was himself to supervise and -control the operations, I assented to the assignment. General -Johnston, on the 23d of February, at Charlotte, North Carolina, -relieved General Beauregard and assumed command. General Lee's first -instructions to General Johnston were to "concentrate all available -forces and drive back Sherman." The first part of the instructions was -well executed; the last part of it was more desirable than practicable, -though the brief recital made herein of the events of the campaign -claimed the credit due to a vigorous effort. - -General Johnston's force, according to his estimate, when he took -command, amounted to about sixteen thousand infantry and artillery, -and four thousand cavalry; if to this be added the portion of the -Army of Tennessee, about twenty-five hundred men, under command of -General Stephen D, Lee, which afterward joined the army at -Smithfield, North Carolina, and that of General Bragg's command at -Goldsboro, which amounted to about eight thousand, the aggregate -would be about thirty thousand five hundred men of all arms. - -After leaving Columbia, the course of the Federal army through -Winnsboro, across the Catawba at Rocky Mount, Hanging Rock, and -Peay's Ferry, and in the direction of Cheraw on the Great Pedee, -indicated that it would attempt to cross the Cape Fear River at -Fayetteville, North Carolina--a town sixty miles south of Raleigh, -and of special importance, as containing an arsenal, several -Government shops, and a large portion of the machinery which had been -removed from Harper's Ferry--and effect a junction at that point -with General Schofield's command, then known to be at Wilmington. Up -to this time, while no encounter of any magnitude had taken place, -the enemy's progress had been much impeded by the Confederate -cavalry, and the robbery of private citizens by gangs of armed -banditti, called "foraging parties," was in a large measure -prevented. The right of an army to forage as it advances through an -enemy's country is not questioned. But the right to forage, to -collect food for men and horses, does not mean the right to rob -household furniture, plate, trinkets, and every conceivable species -of private property, and to burn whatever could not be carried away, -together with the dwellings. General Sherman complained that some of -these "foragers," who were caught in the commission of the -above-named offenses, and had added thereto the greater crime of -assaulting women, had been summarily dealt with by some of those -whose wives and daughters they had outraged, and whose homes they had -made desolate; and he informed General Hampton that in retaliation he -had ordered a number of Confederate prisoners of war to be put to -death. To arrest this brutality General Hampton promptly informed him -that, "for every soldier of mine murdered by you, I shall have -executed at once two of yours, giving in all cases preference to any -officers who may be in our hands," and adding, with a view to check -the inhuman system of burning the houses of those citizens whom they -had robbed, that he had ordered his men "to shoot down all of your -men who are caught burning houses." [117] This notice and the -knowledge that General Hampton would keep his word, produced, it is -believed, a very salutary effect, and thereafter the fear of -punishment wrought a reform which the dictates of honor and humanity -had been powerless to effect. - -The historian of Sherman's "Great March," in his illustrated -narrative of that expedition, describes both with pen and pencil the -manner in which "with untiring zeal the soldiers hunted for concealed -treasures. . . . Wherever the army halted," he writes, "almost every -inch of ground in the vicinity of the dwellings was poked by ramrods, -pierced with sabers, or upturned with spades," searching for -"valuable personal effects, plate, jewelry, and other rich goods, as -well as articles of food, such as hams, sugar, flour, etc. . . . It -was comical," adds the chronicler, "to see a group of these -red-bearded, barefooted, ragged veterans punching the unoffending -earth in an apparently idiotic but certainly most energetic way. If -they 'struck a vein,' a spade was instantly put into requisition, and -the coveted wealth was speedily unearthed. Nothing escaped the -observation of these sharp-witted soldiers. A woman standing upon the -porch of a house, apparently watching their proceedings, instantly -became an object of suspicion, and she was watched until some -movement betrayed a place of concealment. The fresh earth recently -thrown up, a bed of flowers just set out, the slightest indication of -a change in appearance or position, all attracted the gaze of these -military agriculturists. It was all fair spoil of war, and the search -made one of the excitements of the march." [118] The author of the -work from which the foregoing is an extract was an aide-de-camp on -the staff of General Sherman. The playful manner in which he -describes these habitual acts of plunder of "plate, jewelry and other -rich goods" from private and undefended dwellings shows that not -only was such conduct not forbidden by the military authorities, but -that it was permitted and applauded, that it was practiced "wherever -the army halted" under the eye of the staff-officers of the General -commanding, and was looked upon as one of the pleasurable -"excitements of the march." Indeed, so agreeable was the impression -made by these scenes of robbery of women's "rich goods" that he has -adorned his narrative with a full-page illustration, exhibiting a -plantation home surrounded by soldiers engaged, as this staff-officer -humorously terms it, in "treasure-seeking," while the lady of the -house--its only apparent occupant--stands upon the veranda, with -hands uplifted, beseeching them not to steal the watch and chain -which they are taking out of a vessel which they have just dug up. -That the foreign mercenaries, of which the Federal army was largely -composed, should have been guilty of such disgraceful conduct, when -free from the observation of their officers, is conceivable; but it -is difficult to imagine that, in the nineteenth century, such acts as -are described above could be committed habitually, in view of the -officer of highest rank in the army of a civilized country, and not -merely pass unpunished or unrebuked, but be recorded with conspicuous -approval in the pages of a military history. - -The advance of the enemy's columns across the Catawba, Lynch's Creek, -and the Pedee, at Cheraw, though retarded as much as possible by the -vigilant skill of our cavalry under Generals Hampton, Butler, and -Wheeler, was steady and continuous. General Johnston's hope that, -from the enemy's order of moving by wings, sometimes a day's march -from each other, he could find an opportunity to strike one of their -columns in the passage of the Cape Fear River, when the other was not -in supporting distance, was unhappily disappointed. - -On March 6th, near Kinston, General Bragg with a reënforcement of -less than two thousand men attacked and routed three divisions of the -enemy under Major-General Cox, capturing fifteen hundred prisoners -and three field-pieces, and inflicting heavy loss in killed and -wounded. This success, though inspiring, was on too small a scale to -produce important results. During the march from the Catawba to the -Cape Fear several brilliant cavalry affairs took place, in which our -troops displayed their wonted energy and dash. Among these the most -conspicuous were General Butler's at Mount Elon, where he defeated a -detachment sent to tear up the railroad at Florence; General -Wheeler's attack and repulse of the left flank of the enemy at -Hornesboro, March 4th; a similar exploit by the same officer at -Rockingham on the 7th; the attack and defeat by General Hampton of a -detachment on the 8th; the surprise and capture of General -Kilpatrick's camp by General Hampton on the morning of the 10th, -driving the enemy into an adjoining swamp, and taking possession of -his artillery and wagon-train, and the complete rout of a large -Federal party by General Hampton with an inferior force at -Fayetteville on the 11th. - -As it was doubtful whether General Sherman's advance from -Fayetteville would be directed to Goldsboro or Raleigh, General -Johnston took position with a portion of his command at Smithfield, -which is nearly equidistant from each of those places, leaving -General Hardee to follow the road from Fayetteville to Raleigh, which -for several miles is also the direct road from Fayetteville to -Smithfield, and posted one division of his cavalry on the Raleigh -road, and another on that to Goldsboro. On the 16th of March General -Hardee was attacked by two corps of the enemy, a few miles south of -Averysboro, a place nearly half-way between Fayetteville and Raleigh. -Falling back a few hundred yards to a stronger position, he easily -repelled the repeated attacks of these two corps during the day, and, -learning in the evening that the enemy's corps were moving to turn -his left, he withdrew in the night toward Smithfield. - -Early in the morning of the 18th General Johnston obtained definite -information that General Sherman was marching on Goldsboro, the right -wing of his army being about a day's march distant from the left. -General Johnston took immediate steps to attack the head of the left -wing on the morning of the 19th, and ordered the troops at Smithfield -and General Hardee's command to march at once to Bentonville and take -position between that village and the road on which the enemy was -advancing. An error as to the relative distance which our troops and -those of the enemy would have to move, exaggerating the distance -between the roads on which the enemy was advancing and diminishing -the distance that our troops would have to march, caused the failure -to concentrate our troops in time to attack the enemy's left wing -while in column; but, when General Hardee's troops reached -Bentonville in the morning, the attack was commenced. The battle -lasted through the greater part of the day, resulting in the enemy's -being driven from two lines of intrenchments, and his taking shelter -in a dense wood, where it was impracticable for our troops to -preserve their line of battle or to employ the combined strength of -the three arms. On the 20th the two wings of the Federal army, -numbering, as estimated by General Johnston, upward of seventy -thousand, came together and repeatedly attacked a division of our -force (Hoke's) which occupied an intrenched position parallel to the -road to Averysboro; but every attack was handsomely repulsed. On the -next day (21st) an attempt by the enemy to reach Bentonville in the -rear of our center, and thus cut off our only route of retreat, was -gallantly defeated by an impetuous and skillful attack, led by -Generals Hardee and Hampton, on the front and both flanks of the -enemy's column, by which he was compelled to retreat as rapidly as he -had advanced. In this attack. General Hardee's only son, a noble boy, -charging gallantly with the Eighth Texas Cavalry, fell mortally -wounded. On the night of the 21st our troops were withdrawn across -Mill Creek, and in the evening of the 22d bivouacked near Smithfield. -On the 23d the forces of General Sherman and those of General -Schofield were united at Goldsboro, where they remained inactive for -upward of two weeks. - -On the 9th of April the Confederate forces took up the line of march -to Raleigh, and reached that city early in the afternoon of the same -day closely followed by the Federal army. - - - - -CHAPTER LII. - - Siege of Petersburg.--Violent Assault upon our Position.--A Cavalry - Expedition.--Contest near Ream's Station.--The City invested with - Earthworks.--Position of the Forces.--The Mine exploded, and an - Assault made.--Attacks on our Lines.--Object of the Enemy.--Our - Strength.--Assault on Fort Fisher.--Evacuation of Wilmington.-- - Purpose of Grant's Campaign.--Lee's Conference with the - President.--Plans.--Sortie against Fort Steadman.--Movements of - Grant farther to Lee's right.--Army retires from Petersburg.--The - Capitulation.--Letters of Lee. - - -After the battle of Cold Harbor, the geography of the country no -longer enabled General Grant, by a flank movement to his left, to -keep himself covered by a stream, and yet draw nearer to his -objective point, Richmond. He had now reached the Chickahominy, and -to move down the east bank of that stream would be to depart further -from the prize he sought, the capital of the Confederacy. His -overland march had cost him the loss of more men than Lee's army -contained at the beginning of the campaign. He now, from -considerations which may fairly be assumed to have been the result of -his many unsuccessful assaults on Lee's army, or from other -considerations which I am not in a position to suggest, decided to -seek a new base on the James River, and to attempt the capture of our -capital by a movement from the south. With this view, on the night of -June 12th he commenced a movement by the lower crossings of the -Chickahominy toward the James River. General Lee learned of the -withdrawal on the next morning, and moved to our pontoon-bridge above -Drury's Bluff. While Grant's army was making this march to James -River, General Smith, with his division, which had arrived at Bermuda -Hundred, was, on the night of the 14th, directed to move against -Petersburg, with an additional force of two divisions, it being -supposed that this column would be sufficient to effect what General -Butler's previous attempts had utterly failed to accomplish, the -capture of Petersburg and the destruction of the Southern Railroad. -On the morning of the 15th the attack was made, the exterior redoubts -and rifle-pits were carried, and the column advanced toward the inner -works, but the artillery was used so effectively as to impress the -commander of the assailants with the idea that there must be a large -supporting force of infantry, and the attack was suspended so as to -allow the columns in rear to come up. - -Hancock's corps was on the south side of the James River, before the -attack on Petersburg commenced, and was ordered to move forward, but -not informed that an attack was to be made, nor directed to march to -Petersburg until late in the afternoon, when he received orders to -move to the aid of General Smith. It being night when the junction -was made, it was deemed prudent to wait until morning. Had they known -how feeble was the garrison, it is probable that Petersburg would -have been captured that night; but with the morning came another -change, as marked as that from darkness to light. Lee crossed the -James River on the 15th, and by a night march his advance was in the -entrenchments of Petersburg before the morning for which the enemy -was waiting. The artillery now had other support than the old men and -boys of the town. - -The Confederates promptly seized the commanding points and rapidly -strengthened their lines, so that the morning's reconnaissance -indicated to the enemy the propriety of postponing an attack until -all his force should arrive. - -On the 17th an assault was made with such spirit and force as to gain -a part of our line, in which, however, the assailants suffered -severely. Lee had now constructed a line in rear of the one first -occupied, having such advantages as gave to our army much greater -power to resist. On the morning of the 18th Grant ordered a general -assault, but finding that the former line had been evacuated, and a -new one on more commanding ground had been constructed, the assault -was postponed until the afternoon; then attacks were made by heavy -columns on various parts of our line, with some partial success, but -the final result was failure everywhere, and with extraordinary -sacrifice of life. - -With his usual persistence, he had made attack after attack, and for -the resulting carnage had no gain to compensate. The eagerness -manifested leads to the supposition that it was expected to capture -the place while Lee with part of his force was guarding against an -advance on Richmond by the river road. The four days' experience -seems to have convinced Grant of the impolicy of assault, for -thereafter he commenced to lay siege to the place. On the 21st a -heavy force of the enemy was advanced more to our right, in the -vicinity of the Weldon Railroad, which runs southward from -Petersburg. But General Lee, observing an interval between the left -of the Second and right of the Sixth of the enemy's corps, sent -forward a column under General A. P. Hill, which, entering the -interval, poured a fire into the flank of one corps on the right and -the other on the left, doubling their flank divisions up on their -center, and driving them with disorder and with heavy loss. Several -entire regiments, a battery, and many standards were captured, when -Hill, having checked the advance which was directed against the -Weldon Railroad, withdrew with his captures to his former position, -bringing with him the guns and nearly three thousand prisoners. - -On the same night, a cavalry expedition, consisting of the divisions -of Generals Wilson and Kautz, numbering about six thousand men, was -sent west to cut the Weldon, Southside, and Danville Railroads, which -connected our army with the south and west. This raid resulted in -important injury to our communications. The enemy's cavalry tore up -large distances of the tracks of all three of the railroads, burning -the wood-work and laying waste the country around. But they were -pursued and harassed by a small body of cavalry under General W. H. -F. Lee, and, on their return near Ream's Station, were met, near -Sapponey Church, by a force of fifteen hundred cavalry under General -Hampton. That officer at once attacked. The fighting continued -fiercely throughout the night, and at dawn the enemy's cavalry -retreated in confusion. Near Ream's Station, at which point they -attempted to cross the Weldon Railroad, they were met by General -Fitzhugh Lee's horsemen and a body of infantry under General Mahone, -and the force completed their discomfiture. After a brief attempt to -force their way, they broke in disorder, leaving behind them twelve -pieces of artillery, and more than a thousand prisoners, and many -wagons and ambulances. The railroads were soon repaired, and the -enemy's cavalry was for the time rendered unfit for service. - -Every attempt made to force General Lee's lines having proved -unsuccessful, General Grant determined upon the method of slow -approaches, and proceeded to confront the city with a line of -earthworks, and, by gradually extending the line to his left, he -hoped to reach out toward the Weldon and Southside Railroads. To -obtain possession of these roads now became the special object with -him, and all his movements had regard to that end. Petersburg is -twenty-two miles south of Richmond, and is connected with the south -and west by the Weldon and Southside Railroads, the latter of which -crosses the Danville Railroad, the main line of communication between -Richmond and the Gulf States. With the enemy once holding these roads -and those north of the city, Richmond would be isolated, and it would -have been necessary for the Confederate army to evacuate eastern -Virginia. - -It will be seen from what has been written that, though the -operations against Petersburg have been ordinarily called a siege, it -could not in strictness of language be so denominated, as the -communications in the rear, as well as to the north and south, were -still open. It was really a conflict between opposing intrenchments. - -General Grant had crossed a force into Charles City, on the north -bank of the James, and thus menaced Richmond with an assault from -that quarter. His line extended thence across the neck of the -peninsula of Bermuda Hundred, and east and south of Petersburg, where -it gradually stretched westward, approaching nearer and nearer to the -railroads bringing the supplies for our army and for Richmond. The -line of General Lee conformed to that of General Grant. In addition -to the works east and southeast of Richmond, an exterior line of -defense had been constructed against the hostile forces at Deep -Bottom, and, in addition to a fortification of some strength at -Drury's Bluff, obstructions were placed in the river to prevent the -ascent of the Federal gunboats. The lines thence continued facing -those of the enemy north of the Appomattox, and, crossing that -stream, extended around the city of Petersburg, gradually moving -westward with the works of the enemy. The struggle that ensued -consisted chiefly of attempts to break through our lines. These it is -not my purpose to notice _seriatim_; some of them, however, it is -thought necessary to mention. While at Petersburg, the assaults of -the enemy were met by a resistance sufficient to repel his most -vigorous attacks; our force confronting Deep Bottom was known to be -so small as to suggest an attempt to capture Richmond by a movement -on the north side of the James. On the 26th of July a corps of -infantry was sent over to Deep Bottom to move against our -pontoon-bridges near to Drury's Bluff, so as to prevent Lee from -sending reënforcements to the north side of the James, while Sheridan -with his cavalry moved to the north side of Richmond to attack the -works which, being poorly garrisoned, it was thought might be taken -by assault. Lee, discovering the movement after the enemy had gained -some partial success, sent over reënforcements, which drove him back -and defeated the expedition. On the night of the 28th the infantry -corps (Hancock's) was secretly withdrawn from the north side of the -river, to coöperate in the grand assault which Grant was preparing to -make upon Lee's intrenchments. The uniform failure, as has been -stated, of the assaults upon our lines had caused the conclusion that -they could only succeed after a breach had been made in the works. -For that purpose a subterranean gallery for a mine was run under one -of our forts. General Burnside, who conducted the operation, thus -describes the work: - - "The main gallery of the mine is five hundred and twenty-two feet in - length, the side-galleries about forty feet each. My suggestion is - that eight magazines be placed in the lateral galleries, two at each - end, say a few feet apart, at right angles to the side-gallery, and - two more in each of the side-galleries, similarly placed by pairs, - situated equidistant from each other, and the end of the galleries, - thus: - - [Illustration: Mine Galleries] - - "I proposed to put in each of the eight magazines from twelve to - fourteen hundred pounds of powder, the magazines to be connected by a - trough of powder instead of a fuse." - -It appears that it was decided that the charge should be eight -thousand pounds instead of the larger amount proposed.[119] Between -four and five o'clock on the morning of the 30th of July the mine was -exploded, and simultaneously the enemy's batteries commenced firing, -when, as previously arranged, the column of attack moved forward to -the breach, with instructions to rush through it and seize the crest -of a ridge in rear of our fort, so as to interpose a force between -our troops and in rear of our batteries. A question had arisen as to -whether the assaulting column should consist of white or negro -troops; of each, there were brigades in General Burnside's division, -which occupied that part of the line nearest to the mine, and -therefore seems to have been considered as the command from which the -troops to constitute the storming column must be selected. The -explosion was destructive to our artillery and its small supporting -force immediately above the mine. - -An opening, one hundred and fifty feet long, sixty feet wide, and -thirty feet deep, suddenly appeared in the place of the earthworks, -and the division of the enemy selected for the charge rushed forward -to pierce the opening. A Southern writer[120] thus describes what -ensued: - - "The white division charged, reached the crater, stumbled over the - _debris_, were suddenly met by a merciless fire of artillery - fusillading them right and left and of infantry fusillade them in - front; faltered, hesitated, were badly led, lost heart, gave up the - plan of seizing the crest in rear, huddled into the crater man on top - of man, company mingled with company; and upon this disordered, - unstrung, quivering mass of human beings, white and black--for the - black troops had followed--was poured a hurricane of shot, shell, - canister, musketry, which made the hideous crater a slaughter-pen, - horrible and frightful, beyond the power of words. All order was - lost; all idea of charging the crest abandoned. Lee's infantry was - seen concentrating for the carnival of death; his artillery was - massing to destroy the remnants of the charging divisions; those who - deserted the crater, to scramble over the debris and run back, were - shot down; then all that was left to the shuddering mass of blacks - and whites in the pit was to shrink lower, evade the horrible - _mitraille_, and wait for a charge of their friends to rescue them or - surrender." - -The forces of the enemy finally succeeded in making their way back, -with a loss of about four thousand prisoners, and General Lee, whose -casualties were small, reestablished his line without interruption. -This affair was subsequently investigated by a committee of the -Congress of the United States, and their report declared that "the -first and great cause of the disaster was the employment of white -instead of black troops to make the charge." - -Attacks continued to be made on our lines during the months of August -and September, but, as in former instances, they were promptly -repulsed. On August 18th the enemy seized on a portion of the Weldon -Railroad near Petersburg, and on the 25th this success was followed -up by an attempt, under General Hancock, to take possession of -Reams's Station on the same road, farther south. He was defeated by -Heth's division and a portion of Wilcox's, under the direction of -General A. P. Hill, and, having lost heavily, was compelled to -retreat. These events did not, however, materially affect the general -result. The enemy's left gradually reached farther and farther -westward, until it had passed the Vaughan, Squirrel Level, and other -roads running southwestward from Petersburg, and in October was -established on the left bank of Hatcher's Run. The movement was -designed to reach the Southside Railroad. A heavy column crossed -Hatcher's Run, and made an obstinate attack on our lines, in order to -break through to the railroad. This column was met in front and flank -by Generals Hampton and W. H. F. Lee, with dismounted sharpshooters. -Infantry was hastened forward by General Lee, and the enemy was -driven back. This closed for the winter active operations against our -lines at Petersburg. - -When the campaign opened on the Rapidan, General Lee's effective -strength was in round numbers sixty thousand of all arms; that of -General Grant at the same time one hundred and forty thousand. In the -many battles fought before the close of the campaign. Grant's loss -had been a multiple of that sustained by Lee; but the large -reënforcements he had received, both before and after he crossed the -James River, repaired his losses, and must have increased the -numerical disparity between the two armies; yet, notwithstanding the -great superiority in the number of his force, the long-projected -movement for the reduction of Fort Fisher and the capture of -Wilmington was delayed, because of Grant's unwillingness to detach -any of his troops for that purpose until after active operations had -been suspended before Petersburg. - -It was proposed to make a combined land and naval attack-- -Major-General B. F, Butler to command the land-forces, and Admiral D. -D. Porter the fleet. The enemy seems about this time to have -conceived a new means of destroying forts; it was, to place a large -amount of powder in a ship, and, having anchored off the fort, to -explode the powder and so destroy the works and incapacitate the -garrison as to enable a storming party to capture them. How near to -Fort Fisher it was expected to anchor the ship I do not know, nor -have I learned how far it was supposed the open atmosphere could be -made to act as a projectile. General Whiting, the brave and highly -accomplished soldier, who was in command of the defenses of -Wilmington, stated that the powder-ship did not come nearer to Fort -Fisher than twelve or fifteen hundred yards. He further stated that -he heard the report of the explosion at Wilmington, and sent a -telegram to Colonel Lamb, the commanding officer at the fort, to -inquire what it meant, and was answered, "Enemy's gunboat blown up." -No effect, as might have been anticipated, was produced on the -fort.[121] From the same source it is learned that the combined force -of this expedition was about six thousand five hundred land-troops -and fifty vessels of war of various sizes and classes, several -ironclads, and the ship charged with two hundred and thirty-five tons -of powder. Some of the troops landed, but after a reconnaissance of -the fort, which then had a garrison of about six thousand five -hundred men, the troops were reembarked, and thus the expedition -ended. - -On January 15, 1865, the attempt was renewed with a larger number of -troops, amounting, after the arrival of General Schofield, to -twenty-odd thousand. Porter's fleet also received additional vessels, -making the whole number fifty-eight engaged in the attack. The -garrison of Fort Fisher had been increased to about double the number -of men there on the 24th of December. The iron-clad vessels of the -enemy approached nearer the fort than on a former occasion, and the -fire of the fleet was more concentrated and vastly more effective. -Many of the guns in the fort were dismounted, and the parapets -seriously injured, by the fire. The garrison stood bravely to their -guns, and, when the assault was made, fought with such determined -courage as to repulse the first column, and obstinately contended -with another approaching from the land-side, continuing the fight -long after they had got into the fort. Finally, overwhelmed by -numbers, and after the fort and its armament had been mainly -destroyed by a bombardment--I believe greater than ever before -concentrated upon a fort--the remnant of the garrison surrendered. -The heroic and highly gifted General Whiting was mortally, and the -gallant commander of the fort, Colonel Lamb, was seriously, wounded. -They both fell into the hands of the enemy. General Hoke, -distinguished by brilliant service on other fields, had been ordered -down to support the garrison, and under the directions of General -Bragg, commanding the department, had advanced to attack the -investing force, but a reconnaissance convinced them both that his -command was too weak to effect the object. The other forts, of -necessity, fell with the main work, Fisher, and were abandoned. Hoke, -with his small force retiring through Wilmington, after destroying -the public vessels and property, to prevent them from falling into -the hands of the enemy, slowly fell back, fighting at several points, -and seeking to find in the separation of the vastly superior army -which was following him opportunity to attack a force the number of -which should not greatly exceed his own, and finally made a junction -with General Johnston, then opposing Sherman's advance through North -Carolina. - -The fixed purpose of General Grant's campaign of 1864 was the capture -of Richmond, the Confederate capital. For this he had assembled the -large army with which he crossed the Rapidan and fought the numerous -battles between there and the James River. For this he had moved -against Petersburg, the capture of which in itself was not an object -so important as to have justified the effort made to that end. It was -only valuable because it was on the line of communication with the -more southern States, and offered another approach to Richmond. In -his attack upon Petersburg it will be seen from the events already -described that he adopted neither of the two plans which were open to -him: the one, the concentration of all his efforts to break the line -covering Petersburg; the other, to move his army round it and seize -the Weldon and Southside Railroads, so as to cut off the supplies of -Lee's army and compel the evacuation of both Petersburg and Richmond. -Had there been approximate equality between his army and that of Lee, -he could not wisely have ventured upon the latter movement against a -soldier so able as his antagonist; but the vast numerical superiority -of Grant's army might well have induced him to invite Lee to meet him -in the open field. He did, however, neither the one nor the other, -but something of both. - -In the opening of the campaign of 1865, he continued, as he had done -in 1864, to extend his line to the left, seeking, after having gained -the Weldon Railroad, to reach still farther to that connecting -Petersburg with the Richmond and Danville Railroad. Lee, with a -well-deserved confidence in his troops and his usual intrepidity, -drew from his lines of defense men enough to enable him for a long -time to defeat the enemy in these efforts, by extension to turn his -right flank. After Grant's demonstration on the north side of the -James by sending over Hancock's corps had been virtually abandoned by -its withdrawal, Longstreet's corps, which had been sent to oppose it, -remained for a long time on the north side of the James. Finally, -General Ewell with a few troops, the Richmond reserves, and a -division of the navy under Admiral Semmes, held the river and land -defenses on the east side of Richmond. - -General A. R. Lawton, who had become the quartermaster-general of the -Confederate army, ably supported by Lewis E. Harvie, President of the -Richmond and Danville Railroad, increased the carrying capacity of -that line so as to compensate for our loss of the use of the Weldon -Railroad. At the same time, General St. John, chief of the -commissariat, by energetic efforts and the use of the Virginia Canal, -kept up the supplies of General Lee's army, so as to secure from him -the complimentary acknowledgment, made about a month before the -evacuation of Petersburg, that the army there had not been so well -supplied for many months. - -During the months of February and March, Lee's army was materially -reduced by the casualties of battle and the frequency of absence -without leave. I will not call these absentees deserters, because -they did not leave to join the enemy, and again, because in some -instances where the facts were fully developed, they had gone to -their necessitous families with intent to return and resume their -places in the line of battle. His cavalry force had been also -diminished by the absence of General Hampton's division, to which -permission had been given to go to their home, South Carolina, to get -fresh horses, and also to fill up their ranks. Long, arduous, and -distant service had rendered both necessary. - -In the early part of March, as well as my memory can fix the date, -General Lee held with me a long and free conference. He stated that -the circumstances had forced on him the conclusion that the -evacuation of Petersburg was but a question of time. He had early and -fully appreciated the embarrassment which would result from losing -the workshops and foundry at Richmond, which had been our main -reliance for the manufacture and repair of arms as well as the -preparation of ammunition. The importance of Richmond in this regard -was, however, then less than it had been by the facilities which had -been created for these purposes at Augusta, Selma, Fayetteville, and -some smaller establishments; also by the progress which was being -made for a large armory at Macon, Georgia. To my inquiry whether it -would not be better to anticipate the necessity by withdrawing at -once, he said that his artillery and draught horses were too weak for -the roads in their then condition, and that he would have to wait -until they became firmer. There naturally followed the consideration -of the line of retreat. A considerable time before this General Hood -had sent me a paper, presenting his views and conclusion that, if it -became necessary for the Army of Northern Virginia to retreat, it -should move toward Middle Tennessee. The paper was forwarded to -General Lee and returned by him with an unfavorable criticism, and -the conclusion that, if we had to retreat, it should be in a -southwardly direction toward the country from which we were drawing -supplies, and from which a large portion of our forces had been -derived. In this conversation the same general view was more -specifically stated, and made to apply to the then condition of -affairs. The programme was to retire to Danville, at which place -supplies should be collected and a junction made with the troops -under General J. E. Johnston, the combined force to be hurled upon -Sherman in North Carolina, with the hope of defeating him before -Grant could come to his relief. Then the more southern States, freed -from pressure and encouraged by this success, it was expected, would -send large reënforcements to the army, and Grant, drawn far from his -base of supplies into the midst of a hostile population, it was -hoped, might yet be defeated, and Virginia be delivered from the -invader. Efforts were energetically continued, to collect supplies in -depots where they would be available, and, in furtherance of the -suggestion of General Lee as to the necessary improvement in the -condition of his horses, the quartermaster-general was instructed to -furnish larger rations of corn to the quartermaster at Petersburg. - -Though of unusually calm and well-balanced judgment, General Lee was -instinctively averse to retiring from his enemy, and had so often -beaten superior numbers that his thoughts were no doubt directed to -every possible expedient which might enable him to avoid retreat. It -thus fell out that, in a week or two after the conference above -noticed, he presented to me the idea of a sortie against the enemy -near to the right of his line. This was rendered the more feasible, -from the constant extension of Grant's line to the left, and the -heavy bodies of troops he was employing to turn our right. The -sortie, if entirely successful, so as to capture and hold the works -on Grant's right, as well as three forts on the commanding ridge in -his rear, would threaten his line of communication with his base, -City Point, and might compel him to move his forces around ours to -protect it; if only so far successful as to cause the transfer of his -troops from his left to his right, it would relieve our right, and -delay the impending disaster for the more convenient season for -retreat. - -Fort Steadman was the point against which the sortie was directed; -its distance from our lines was less than two hundred yards, but an -abatis covered its front. For this service, requiring equal daring -and steadiness, General John B. Gordon, well proved on many -battle-fields, was selected. His command was the remnant of Ewell's -corps, troops often tried in the fiery ordeal of battle, and always -found true as tempered steel. Before daylight, on the morning of the -25th of March, Gordon moved his command silently forward. His -pioneers were sent in advance to make openings through the -obstructions, and the troops rushed forward, surprised and captured -the garrison, then turned the guns upon the adjacent works and soon -drove the enemy from them. A detachment was now sent to seize the -commanding ground and works in the rear, the batteries of which, -firing into the gorges of the forts on the right and left, would soon -make a wide opening in Grant's line. The guides to this detachment -misled it in the darkness of a foggy dawn far from the point to which -it was directed. In the mean time the enemy, recovering from his -surprise and the confusion into which he had been extensively thrown, -rallied and with overwhelming power concentrated both artillery and -infantry upon Gordon's command. The supporting force which was to -have followed him, notwithstanding the notice which was given by the -victorious cheer of his men when they took Fort Steadman, failed to -come forward, and Gordon's brilliant success, like the Dead Sea -fruit, was turned to ashes at the moment of possession. It was -hopeless, with his small force unsupported, to retain the position he -had gained. It only remained as far as practicable to withdraw his -command to our line, and this the valiant soldier promptly proceeded -to do; some of his men were killed on the retreat, many became -prisoners--I believe all, or nearly all, of those who had been -detached to seize other works, and had not rejoined the main body. - -The following letter from General Gordon furnishes some important -details of the attack: - - "ATLANTA, GEORGIA, _October 16, 1880._ - - "MY DEAR MR. PRESIDENT: The attack upon Fort Steadman was made on the - night of the 25th March, or rather before light on the morning of the - 26th March, 1865. A conference had been held between General Lee and - myself at his headquarters the 10th of March, which resulted in - General Lee's decision to transfer my corps from the extreme right of - our army to the trenches in and around Petersburg, with the purpose - of enabling me to carefully examine the enemy's lines, and report to - him my belief as to the practicability of breaking them at any point. - Within a week after being transferred to this new position, I decided - that Fort Steadman could be taken by a night assault, and that it - might be possible to throw into the breach thus made in Grant's lines - a sufficient force to disorganize and destroy the left wing of his - army before he could recover and concentrate his forces, then lying - beyond the James and Appomattox Rivers. Fort Steadman was the point - at which the earthworks of General Grant most nearly approached our - own. This fort was located upon what was known as Hare's Hill, and - was in front of the city of Petersburg, and of the point on our lines - known as Colquitt's Salient. The two hostile lines could not have - been more than two hundred to two hundred and fifty yards apart at - this point; and the pickets were so close together that it was - difficult to prevent constant conversation between those of the - Confederate and Federal armies. Fort Steadman was upon the main line - of General Grant's works, and flanked on either side by a line of - earthworks and other forts, which completely commanded every foot of - the intervening space between the hostile lines. In rear of Fort - Steadman were three other forts, two of which, and perhaps all three, - could command Fort Steadman, in case of its capture by our forces. - These forts in rear of Steadman were protected by an almost - impenetrable abatis, while, in front of Fort Steadman itself, and of - the main line of which it was a part, was a line of sharpened - fence-rails, with the lower ends buried deeply in the ground, their - middle resting upon horizontal poles and wrapped with - telegraph-wires, and their upper ends sharpened and elevated to the - height of four and a half or five feet. These rails, which formed the - obstruction in front of General Grant's lines at Fort Steadman and - along the flanking works, were, as I said, wrapped with - telegraph-wire where they rested on the horizontal poles, so as to - prevent an attacking force from pressing them apart, and buried in - the ground too deeply to be pulled up, and, sharpened at the upper - end, were too high to be mounted by my men. This obstruction, - therefore, had to be cut away with axes before the attacking force - could enter the fort or lines. - - "General Lee, after considering the plan of assault and battle which - I submitted to him, and which I shall presently describe, gave me - orders to prepare for the movement, which was regarded by both of us - as a desperate one, but which seemed to give more promise of good - results than any other hitherto suggested. General Lee placed at my - disposal, in addition to my own corps, a portion of A. P, Hill's and - a portion of Longstreet's, and a detachment of cavalry--in all, - about one half of the army. - - "The general plan of the assault and battle was this: To take the - fort by a rush across the narrow space that lay between it and - Colquitt's Salient, and then surprise and capture, by a stratagem, - the commanding forts in the rear, thus opening a way for our troops - to pass to the rear, and upon the bank of the left wing of Grant's - army, which was to be broken to pieces by a concentration of all the - forces at my command moving upon that flank. During the night of the - 25th my preparations were made for the movement before daylight. I - placed three officers in charge of three separate bodies of men, and - directed them, as soon as the lines of Fort Steadman should be - carried by the assaulting column, to rush through the gap thus - produced to the three rear forts--one of these officers and bodies - of men to go to each fort, and to approach them from their rear by - the only avenue left open and seize those forts. A guide was placed - with each of these officers, who was to conduct him and his troops to - the rear of the front, which he was to surprise. A body of the most - stalwart of my men was organized to move in advance of all the - troops, armed with axes, with which they were to cut down the - obstruction of sharpened and wire-fastened rails in front of the - enemy's lines. - - "Next to these were to come three hundred men, armed with bayonets - fixed and empty muskets, who were to mount and enter the fort as the - axemen cut away the obstruction of sharpened rails, bayoneting the - pickets in front and gunners in the fort if they resisted, or sending - them to our rear if they surrendered. Next were to cross the three - officers and their detachments, who were to capture the three rear - forts. Next, a division of infantry was to cross, moving by the left - flank, so as to be in position when halted, and fronted to move - without any confusion or delay immediately down General Grant's - lines, toward his left, capturing his troops, or forcing them to - abandon their works and form under our advancing fire at right angles - to his line of works. - - "Next was to cross the cavalry, who were to ride to the rear, cut the - enemy's telegraph-lines, capture his pontoons, and prevent or delay - the crossing of reënforcements from beyond the Appomattox. Next, my - whole force was to swell the column of attack. Then, as the front of - our lines were cleared of the enemy's troops, our divisions were to - change front and join in pressing upon the enemy and driving him - farther from the other wing of General Grant's army, and widening the - breach. Strips of white cloth were tied around the shoulders of our - men, so as to designate them in the darkness. - - "Just before daylight, when all was ready, I gave the signal, and the - axemen rushed across, followed by the bodies armed with bayonets and - empty muskets, who captured and sent to the rear the enemy's pickets. - The axemen cut away the sharpened rails so rapidly as scarcely to - cause a halt of the troops following, who mounted the enemy's works - and seized his guns and gunners in the fort, clearing the way and - giving safe passage to detachments and larger bodies which were to - follow and which did follow. The fort and most of the lines between - the fort and the river were captured with the loss of but one man, so - far as I could learn. We captured eleven heavy guns, nine mortars, - about seven hundred prisoners, as I now recollect, among whom was the - brigadier commanding that portion of the line, General McLaughlin. - - "Everything was moving as well as I could have desired, when, one - after another, all three of the officers, sent to the rear to capture - by stratagem the rear forts, sent messengers to inform me that they - had passed successfully through the lines of the enemy's reserves in - rear of Fort Steadman, and were certainly beyond the rear forts, but - that their guides had been lost or had deserted, and that they could - not find the forts. - - "Although I heard nothing afterward of these guides, yet I did learn - of the fate of the three officers and their commands. Some were shot - down after daylight, some were captured, and a few, very few, made - their way back to our lines. The failure of that portion of the - programme left, of course, these three forts manned by the enemy, and - his heavy guns made it impossible to carry out literally the details - of the plan. Then a large body of the troops sent by General Lee from - General Longstreet's corps were delayed by the breaking down of - trains, or by some other cause, and did not arrive at the appointed - hour, which caused so great a delay that we did not get in the fort - and upon the enemy's flank at as early an hour as was expected, and - daylight found us with the plan only half executed. At daylight, all - the commanding forts in the rear, which we had failed to capture, - opened upon Fort Steadman and that portion of the enemy's lines held - by our troops. Reënforcements were rapidly brought up, so that it - became too hazardous, as General Lee thought, to go forward or - attempt it. So he ordered me back (I may say here that I entirely - approved of this decision of General Lee). Up to this hour we had - lost but few men, and these had been killed or wounded mainly by - artillery. But now the enemy's infantry came up and made several - assaults. They were repulsed by our troops in Fort Steadman and in - the enemy's works on its flanks. It was in the effort to withdraw the - troops that our principal loss occurred. A raking tire was kept up - across the intervening space over which we had moved in capturing the - fort, I was wounded in recrossing to Colquitt's Salient, and many of - our men were killed and wounded in making the same passage back to - our works. - - "As I said at the outset, this attack was regarded by both General - Lee and myself as very hazardous; but it seemed necessary to do more - than sit quietly waiting for General Grant to move upon our right, - while each day was diminishing our strength by disease and death. - - "Let me also add that the movement made at Hare's Hill mast have - proved a great success but for the unforeseen and unavoidable - miscarriages to which I have referred. - - "I am, very respectfully, your obedient servant, - - "J. B. GORDON. - - "Hon. JEFFERSON DAVIS, _Mississippi_." - -Immediately following, and perhaps in consequence of this sortie, an -extensive attack was made upon our lines to the left of Fort -Steadman, but without any decisive results. On the 27th of March the -main part of Grant's forces confronting Richmond were moved over to -the lines before Petersburg, and his left was on the same day joined -by Sheridan's division of cavalry. It will be remembered that Lee had -sent Longstreet to the north side of the James as soon as he -discovered that Grant had sent a corps across with the supposed -purpose of attacking Richmond from that side. It was intended that -Longstreet should return whenever the enemy withdrew his main force -from the north side of the James; but it appears that this was so -secretly done as to conceal the fact from General Longstreet, and -that both Hancock and Ord had joined Grant, to swell his forces by -two corps before our troops returned to join Lee. Grant, thus -strengthened, made a more determined movement to gain the right of -Lee's position; before, however, he was ready to make his assault, -Lee marched with a comparatively very small force, took the -initiative, and on the 31st struck the enemy's advance, and repulsed -him in great confusion, following until confronted by the heavy -masses formed in open ground in the rear, when Lee withdrew his men -back to their intrenchments. - -A strategic position of recognized importance was that known as Five -Forks. Lee had stationed there Major-General Pickett with his -division, and some additional force. On the next day, the 1st of -April, this position was assaulted, and our troops were driven from -it in confusion. The unsettled question of time was now solved. - -Grant's massive columns, advancing on right, left, and center, -compelled our forces to retire to the inner line of defense, so that, -on the morning of the 2d, the enemy was in a condition to besiege -Petersburg in the true sense of that term. Battery Gregg made an -obstinate defense, and, with a garrison of about two hundred and -fifty men, held a corps in check for a large part of the day. The -arrival of Longstreet's troops, and the strength of the shorter line -now held by Lee, enabled him to make several attempts to dislodge his -assailant from positions he had gained. In one of these, the -distinguished soldier whose gallantry and good conduct it has -frequently been my pleasure to notice, Lieutenant-General A. P. Hill, -who had so often passed unscathed through storms of shot and shell, -yielded up the life he had, in the beginning of the war, consecrated -to the Confederate cause; and his comrades, while mourning his loss, -have drawn consolation from the fact that he died before our flag was -furled in defeat. - -Retreat was now a present necessity. All that could be done was to -hold the inner lines during the day, and make needful preparations to -withdraw at night. In the forenoon of Sunday, the 2d, I received, -when in church, a telegram announcing that the army would retire from -Petersburg at night, and I went to my office to give needful -directions for the evacuation of Richmond, the greatest difficulty of -which was the withdrawal of the troops who were on the defenses east -of the city, and along the James River. - -The event had come before Lee had expected it, and the announcement -was received by us in Richmond with sorrow and surprise; for, though -it had been foreseen as a coming event which might possibly, though -not probably, be averted, and such preparation as was practicable had -been made to meet the contingency when it should occur, it was not -believed to be so near at hand. - -At nightfall our army commenced crossing the Appomattox, and, before -dawn, was far on its way toward Amelia Court-House, Lee's purpose -being, as previously agreed on in conference with me, to march to -Danville, Virginia. By a reference to the map, it will be seen that -General Grant, starting from the south side of the Appomattox, had a -shorter line to Danville than that which General Lee must necessarily -follow, and, if Grant directed his march so as to put his forces -between Danville and those of Lee, it was quite possible for him to -effect it. This was done, and thus Lee was prevented from carrying -out his original purpose, and directed his march toward Lynchburg. -The enemy, having first placed himself across the route to Danville, -at Jetersville, subsequently took up the line of Lee's retreat. His -large force of cavalry, and the exhausted condition of the horses of -our small number of that arm, gave the pursuing foe a very great -advantage; but, worn and reduced in numbers as Lee's army was, the -spirit it had always shown flashed out whenever it was pressed. A -division would turn upon a corps and drive it; and General Fitzhugh -Lee, the worthy successor of the immortal Stuart, with a brigade of -our emaciated cavalry, would drive a division of their pursuers. -These scenes were repeatedly enacted during the long march from -Petersburg to Appomattox Court-House, and have been so vividly and -fully described by others that I will pass to the closing event. - -Lee had never contemplated surrender. He had, long before, in -language similar to that employed by Washington during the -Revolution, expressed to me the belief that in the mountains of -Virginia he could carry on the war for twenty years, and, in -directing his march toward Lynchburg, it may well be that as an -alternative he hoped to reach those mountains, and, with the -advantage which the topography would give, yet to baffle the hosts -which were following him. On the evening of the 8th General Lee -decided, after conference with his corps commanders, that he would -advance the next morning beyond Appomattox Court-House, and, if the -force reported to be there should prove to be only Sheridan's -cavalry, to disperse it and continue the march toward Lynchburg; but, -if infantry should be found in large force, the attempt to break -through it was not to be made, and the correspondence which General -Grant had initiated on the previous day should be reopened by a flag, -with propositions for an interview to arrange the terms of -capitulation. Gordon, whose corps formed the rear-guard from -Petersburg, and who had fought daily for the protection of the -trains, had now been transferred to the front. On the next morning, -before daylight, Lee sent Colonel Venable, one of his staff, to -Gordon, commanding the advance, to learn his opinion as to the -chances of a successful attack, to which Gordon replied, "My old -corps is reduced to a frazzle, and, unless I am supported by -Longstreet heavily, I do not think we can do anything more." When -Colonel Venable returned with this answer to General Lee, he said, -"Then there is nothing left me but to go and see General Grant." - -At that time Longstreet, covering the rear, was threatened by Meade, -so that there was no ability to reënforce Gordon, and thus to explain -why General Lee then realized that the emergency had arisen for the -surrender of his army which, in his note to General Grant of the -previous day, he had said he did not believe to exist. Colonel -Venable, at early dawn, had left Gordon with about five thousand -infantry, and Fitzhugh Lee with about fifteen hundred cavalry, and -Colonel Carter's battalion of artillery, forming his line of battle -to attack the enemy, which, so far as then known, consisted of -Sheridan's cavalry, which had got in front of our retreating column. -The assault was made with such vigor and determination as to drive -Sheridan for a considerable distance; and, if this had been the only -obstacle, the road would have been opened for Lee to resume his march -toward Lynchburg. After Gordon had advanced nearly a mile, he was -confronted by a large body of infantry, subsequently ascertained to -be about eighty thousand. To attack that force was, of course, -hopeless, and Gordon commenced falling back, and simultaneously the -enemy advanced, but suddenly came to a halt. Lee had sent a flag to -Grant, who had consequently ordered a suspension of hostilities. - -A leader less resolute, an army less heroically resisting fatigue, -constant watching, and starvation, would long since have reached the -conclusion that surrender was a necessity. Lee had left Petersburg -with not more than twenty thousand infantry, five thousand cavalry, -and four thousand artillery. Men and horses all reduced below the -standard of efficiency by exposure and insufficient supplies of -clothing, food,[122] and forage, only the mutual confidence between -the men and their commander could have sustained either under the -trials to which they were subjected. It is not a matter of surprise -that the army had wasted away to a mere remnant, but rather that it -had continued to exist as an organized body still willing to do -battle. All the evidence we have proves that the proud, cheerful -spirit both of the army and its leader had resisted the extremes of -privation and danger, and never sunk until confronted by surrender. - -General Grant, in response to a communication under a white flag made -by General Lee, as stated above, came to Appomattox, where a suitable -room was procured for their conference, and, the two Generals being -seated at a small table. General Lee opened the interview thus: - - "General, I deem it due to proper candor and frankness to say at the - very beginning of this interview that I am not willing even to - discuss any terms of surrender inconsistent with the honor of my - army, which I am determined to maintain to the last." - -General Grant replied: - - "I have no idea of proposing dishonorable terms, General, but I would - be glad if you would state what you consider honorable terms." - -General Lee then briefly stated the terms upon which he would be -willing to surrender. Grant expressed himself as satisfied with them, -and Lee requested that he would formally reduce the propositions to -writing. - -To present a full and satisfactory account of the circumstances and -terms of the surrender, as well as the events immediately preceding -the evacuation of Petersburg, and the retreat thence to Appomattox -Court-House, I annex the subjoined letters: - - "APPOMATTOX COURT-HOUSE, _April 9, 1865._ - - "General R. E. LEE, _commanding Confederate States Army:_ - - "In accordance with the substance of my letter to you of the 8th - inst., I propose to receive the surrender of the Army of Northern - Virginia on the following terms, to wit: - - "Rolls of all the officers and men to be made in duplicate, one copy - to be given to an officer designated by me, the other to be retained - by such officers as you may designate. - - "The officers to give their individual parole not to take arms - against the Government of the United States until properly exchanged, - and each company or regimental commander to sign a like parole for - the men of their commands. - - "The arms, artillery, and public property to be parked and stacked - and turned over to the officers appointed by me to receive them. - - "This will not embrace the side-arms of the officers, nor their - private horses or baggage. - - "This done, each officer and man will be allowed to return to their - homes, not to be disturbed by the United States authority so long as - they observe their parole and the laws in force where they may reside. - - "Very respectfully, - - "U. S. GRANT, _Lieutenant-General._" - - - "HEADQUARTERS ARMY OF NORTHERN VIRGINIA, _April 9, 1865._ - - "GENERAL: I have received your letter of this date containing the - terms of surrender of the Army of Northern Virginia, as proposed by - you. As they are substantially the same as those expressed in your - letter of the 8th inst., they are accepted. I will proceed to - designate the proper officers to carry the stipulations into effect. - - "Very respectfully, your obedient servant, - - "R. E. LEE." - - - "PETERSBURG, VIRGINIA, 3 P.M., _April 2, 1865._ - - "His Excellency JEFFERSON DAVIS, _Richmond, Virginia._ - - "MR. PRESIDENT: Your letter of the 1st is just received. I have been - willing to detach officers to recruit negro troops, and sent in the - names of many who are desirous of recruiting companies, battalions, - or regiments, to the War Department. After receiving the general - orders on that subject establishing recruiting depots in the several - States, I supposed that this mode of raising the troops was - preferred. I will continue to submit the names of those who offer for - the service, and whom I deem competent, to the War Department; but, - among the numerous applications which are presented, it is difficult - for me to decide who are suitable for the duty. I am glad your - Excellency has made an appeal to the Governors of the States, and - hope it will have a good effect. I have a great desire to confer with - you upon our condition, and would have been to Richmond before this, - but, anticipating movements of the enemy which have occurred, I felt - unwilling to be absent. I have considered our position very critical; - but have hoped that the enemy might expose himself in some way that - we might take advantage of, and cripple him. Knowing when Sheridan - moved on our right that our cavalry would be unable to resist - successfully his advance upon our communications, I detached - Pickett's division to support it. At first Pickett succeeded in - driving the enemy, who fought stubbornly; and, after being reënforced - by the Fifth Corps (United States Army), obliged Pickett to recede to - the Five Forks on the Dinwiddie Court-House and Ford's road, where, - unfortunately, he was yesterday defeated. To relieve him, I had to - again draw out three brigades under General Anderson, which so - weakened our front line that the enemy last night and this morning - succeeded in penetrating it near the Cox road, separating our troops - around the town from those on Hatcher's Run. This has enabled him to - extend to the Appomattox, thus inclosing and obliging us to contract - our lines to the city. I have directed the troops from the lines on - Hatcher's Run, thus severed from us, to fall back toward Amelia - Court-House, and I do not see how I can possibly help withdrawing - from the city to the north side of the Appomattox to-night. There is - no bridge over the Appomattox above this point nearer than Goode's - and Bevil's over which the troops above mentioned could cross to the - north side, and be made available to us; otherwise I might hold this - position for a day or two longer, but would have to evacuate it - eventually; and I think it better for us to abandon the whole line on - James River to-night, if practicable. I have sent preparatory orders - to all the officers, and will be able to tell by night whether or not - we can remain here another day; but I think every hour now adds to - our difficulties. I regret to be obliged to write such a hurried - letter to your Excellency, but I am in the presence of the enemy, - endeavoring to resist his advance. - - "I am most respectfully and truly yours, - - "R. E. LEE, _General._" - - -[Footnote 119: Testimony of General Burnside, "Report of Committee on -the Conduct of the War," vol. i, pp. 16, 17, 1865.] - -[Footnote 120: John Esten Cooke, "Life of General R. E. Lee."] - -[Footnote 121: "Report of Committee on the Conduct of the War" 1865, -vol. ii, pp. 106, 107.] - -[Footnote 122: Falsehood and malignity have combined to invent and -circulate a baseless story to the effect that food ordered to Amelia -Court-House for Lee's troops, was by the Administration at Richmond -diverted from its destination, and the soldiers thus left to needless -suffering. A further notice will be taken of this slander in a subsequent -chapter, and that it had not one atom of truth in it will be shown by -conclusive testimony.] - - - - -CHAPTER LIII. - - General Lee advises the Evacuation of Richmond.--Withdrawal of the - Troops.--The Naval Force.--The Conflagration in Richmond.-- - Telegram of Lee to the President.--The Evacuation complete.--The - Charge of the Removal of Supplies intended for Lee's Army.--The - Facts.--Arrangement with General Lee.--Proclamation.--Reports of - Scouts. - - -When, on the morning of the 2d of April, the main line of the -defenses of Petersburg was broken, and our forces driven back to the -inner and last line, General Lee sent the telegram, to which -reference has been already made, and advised that Richmond should be -evacuated simultaneously with the withdrawal of his troops that -night. This left little time for preparation, especially in the -matter of providing transportation for the troops holding the eastern -defenses of Richmond. To supply the cavalry, artillery, and -army-wagons with horses, had so exhausted the stock of Virginia as to -leave the quartermaster's department little ability to supplement the -small transportation possessed, or required by troops regarded as a -stationary defense. The consequence was, that their withdrawal had to -be made under circumstances which involved unusual embarrassments -upon the march; but soldiers, sailors, and citizens, constituting the -"reserves," vied with each other in the performance of the hard duty -to which they were called--a night march over unknown roads, to join -a retreating army, pursued by a powerful enemy having large bodies of -cavalry. The opposing lines of intrenchment north of the James were -so near to each other, that our forces could only withdraw when it -was too dark for observation; this required that the movement should -be postponed until the moon went down, which was at a late hour of -the night. - -The circumstances attending the withdrawal of Ewell's corps were such -as to make its safety the subject of special solicitude. It was small -in comparison to that retiring from Petersburg, had a greater -distance to march before a junction could be made with the main body, -and most of the men were unused to marching. From reports received -long after the event, I am able to give the principal occurrences of -their campaign. - -General G. W. C. Lee moved his division from Chapin's Bluff across -the James River, on the Wilton Bridge; the wagons having been loaded -under the preparatory order, were sent up in the afternoon to cross -at Richmond, and the division moved on to a short distance beyond -Tomahawk Church, where it encamped on the night of the 3d. General -Kershaw's division, with dismounted men of Gary's cavalry brigade, -crossed at Richmond and moved on to the same encampment. Having -ascertained that the Appomattox could not be crossed on the route -they were pursuing, the column was turned up to the railroad-bridge -at the Mattoax Station, which was prepared for the passage of -artillery and troops, and the two divisions, with their trains, -crossed on the night of the 4th and encamped on the hills beyond the -river. On the next day the column moved on to Amelia Court-House; it -was now joined by the Naval Battalion, under Commodore Tucker, and -the artillery battalion of Major Frank Smith, which had been -withdrawn from Howlett's Bluff; both of these were added to G. W. C. -Lee's division. The supply-train not being able to cross the -Appomattox River near Meadville, went farther up, and, having -effected a crossing, proceeded with safety until about four miles -from Amelia Court-House, where it was destroyed by a detachment of -the enemy's cavalry on the morning of the 5th, with the baggage of G. -W. C. Lee's division and about twenty thousand good rations. - -At Amelia Court-House Ewell's corps made a junction with Lee's army, -but forced marches with men most of whom were untrained by previous -campaign had greatly reduced the number of Ewell's command, and the -want of rations now was impairing their efficiency. From that place -his corps moved in rear of Anderson's, followed by the train of Lee's -army, which was covered in rear by Gordon's corps. The march was much -impeded by the wagon-trains, consequently slow, and, from frequent -halts, fatiguing. About noon of the 6th, after crossing a small -stream within several miles of Sailor's Creek, the enemy's cavalry -made an attack at the point where the wagon-train turned off to the -right. Skirmishers from Lee's division were thrown out, and soon -repelled the attack; but it was thought necessary to retain these -troops in that position until the trains had passed. General Gordon, -who protected the rear, had frequent combats with the pursuers. As -soon as the trains were out of the way, Ewell's troops moved on after -Anderson's corps. On crossing Sailor's Creek, General Ewell reports -that he met General Fitzhugh Lee, from whom he learned that a large -force of cavalry held the road in front of Anderson, and was so -strongly posted that he had halted. Lee's and Kershaw's divisions -moved on to close upon Anderson; but Gordon having followed the wagon -and artillery train, the enemy's cavalry and also infantry appeared -in the rear, and commenced an attack upon Kershaw's division. -Anderson had proposed to Ewell that, if he would hold the enemy in -check who was coming up on the rear, he would attack the cavalry in -front, to open our line of march in that direction. Lee's and -Kershaw's divisions were therefore formed in line of battle faced to -the rear. Anderson made the attack, but failed. Meantime an -artillery-fire was opened on Kershaw's and Lee's divisions; they, -having no artillery to reply, were subjected to the severe trial of -standing under a fire which they could not return. In their praise, -it was said they unflinchingly bore the test. Supposing probably that -their artillery-fire had demoralized our troops, the enemy's infantry -advanced. They were repulsed, and that portion which attacked G. W. -C. Lee's artillery brigade was charged by it, and driven back across -Sailor's Creek. The enemy had now turned the flank of Kershaw's -division and obliged it to retire. Ewell, while seeking some route by -which his command might be extricated, was captured, and the enemy -closed in on Lee's division, surrounding it on every side. Firing -ceased, and the division was captured. A like fate befell the -division of Kershaw. A portion of Anderson's corps escaped, but -Ewell's was all captured. This corps, when it left Richmond, numbered -about six thousand men. At the battle of Sailor's Creek there -remained about three thousand. The fatigue of constant marching for -days and nights to men unaccustomed to such service might -sufficiently explain the diminution; but to this must be added the -want of rations for the last two days of their campaign. Twenty-eight -hundred were taken prisoners, and about a hundred and fifty killed -and wounded. From General Ewell's report, I learn that the force of -the enemy engaged at Sailor's Creek amounted to thirty thousand men. -In closing his report be says: - - "The discipline preserved by General G. W. C. Lee in camp and on the - march, and the manner in which he handled his troops in action, fully - justified the request I had made for his promotion. General Kershaw, - who had only been a few days under my command, behaved with his usual -coolness and judgment." - -Lest any should suppose, from the remark of General Ewell, that I had -been unwilling or reluctant to promote my aide-de-camp. Colonel G. W. -C. Lee, it is proper to state that the only obstacle to be overcome -was Lee's objection to receiving promotion. With refined delicacy he -shrank from the idea of superseding men who had been actively serving -in the field, and in one case where the objection did not seem to me -to have any application, he so decidedly preferred to remain with me, -that I yielded to his wishes; but gave him additional rank to command -the local troops for the defense of Richmond. His valuable services -in that capacity, on various occasions, sustained my high opinion of -him as a soldier, and his conduct on that retreat, and in the battle -of "Sailor's Creek," for which he is commended, was only what I -anticipated. - -Of the forces constituting the defense of Richmond on the 2d of -April, it only remains to account for the naval force in the James. -After General Ewell had withdrawn his command, Admiral Semmes -embarked the crews of his gunboats on some small steamers, set fire -to his war-vessels, and proceeded up the river to the landing -opposite Richmond. Here he found no land transportation awaiting him, -and the last railroad train had left at early dawn. He, however, with -the energy and capacity so often elsewhere displayed by him, on -finding the railroad station deserted, commenced a search for -material which, with his steam engineers, he could make available. He -states that a few straggling passenger-cars lay uncoupled along the -track, and that there was also a small engine, but no fire, and no -fuel to make one. They coupled the cars together, his marine sappers -and miners cut up a fence for steam-fuel, and thus he got under way, -but the engine proved insufficient to draw the train, and at an -up-grade he was brought to a halt immediately after starting. One of -his engineers, however, found in the workshops another engine; with -the two he was able to proceed, and thus to transport his sailors to -Danville, the best mode known to him to execute the order sent to him -by the Secretary of the Navy, "You will join General Lee in the field -with all your forces." [123] When General Longstreet was withdrawn -from the north side of the James, Colonel Shipp, Commandant of the -Virginia Institute, with the Battalion of Cadets, youths whose -gallantry at the battle of New Market has been heretofore noticed, -and such convalescents in Richmond as were able to march, moved down -to supply the vacancy created by the transfer of Longstreet's force -to Petersburg. General Ewell, in command at Richmond, had for its -defense the naval force at Drury's Bluff under Commander Tucker, -which was organized as a regiment and armed with muskets. On the -north side of the James were General Kershaw's division of -Confederate troops and General G. W. C, Lee's division, composed -mostly of artillery-men armed as infantry, and the "reserves," or -"local troops," coöperating with these was Admiral Semmes's naval -force on the James. On the night of the 2d of April these forces were -withdrawn, and took up their line of march to join General Lee's army -on its retreat. - -In obedience to a law of the Congress, General Ewell had made -arrangements to burn the tobacco at Richmond whenever the evacuation -of the city should render the burning necessary, to prevent the -tobacco from falling into the hands of the enemy. Orders were also -given to destroy certain property of the Confederate States, -exceptions being made as in the case of the arsenal, the burning of -which would endanger the city. To prevent the possibility of a -general conflagration he had advised with the Mayor and City Council, -and the necessary precautions were believed to have been taken. -General Ewell's report, December 20, 1865, published in the -"Historical Society Papers" (vol. i, p. 101), satisfactorily -establishes the fact that the conflagration in Richmond of April 3, -1865, did not result from any act of the public authorities. The -burning of the tobacco was only resorted to when the alternative was -to burn or allow it to fall into the hands of the enemy, who, there -was no doubt, would take it without making compensation to the -owners. It was a disagreeable necessity, and therefore every -opportunity was allowed to the owners of that and other articles of -export to place them, if possible, beyond the danger of being applied -to the use of the hostile Government. There is no similitude between -the destruction of public property made by us and the like act of the -invader in our country. The property we destroyed belonged to the -Confederate States only. Armories and ship-yards destroyed by them-- -those, for instance, at Harper's Ferry and Norfolk--were the -property of the States in common, which the Federal Government had -emphatically declared it was its bounden duty to preserve, and which -was its first plea in justification of the act of sending an armed -force against the Southern States. - -The conflagration at Richmond occurred on the morning of the 3d of -April, after I had left the city, and I therefore have only such -knowledge in regard to it as was subsequently acquired from others. -Those who would learn specifically the facts and speculations in -regard to it are referred to the report of General Ewell, which has -been above cited. Suffice it to say, the troops of neither army were -considered responsible for that calamity. - -On Sunday, the 2d of April, while I was in St. Paul's church. General -Lee's telegram, announcing his speedy withdrawal from Petersburg, and -the consequent necessity for evacuating Richmond, was handed to me. I -quietly rose and left the church. The occurrence probably attracted -attention, but the people of Richmond had been too long beleaguered, -had known me too often to receive notice of threatened attacks, and -the congregation of St. Paul's was too refined, to make a scene at -anticipated danger. For all these reasons, the reader will be -prepared for the announcement that the sensational stories which have -been published about the agitation caused by my leaving the church -during service were the creations of fertile imaginations. I went to -my office and assembled the heads of departments and bureaus, as far -as they could be found on a day when all the offices were closed, and -gave the needful instructions for our removal that night, -simultaneously with General Lee's withdrawal from Petersburg. The -event was not unforeseen, and some preparation had been made for it, -though, as it came sooner than was expected, there was yet much to be -done. My own papers were disposed as usual for convenient reference -in the transaction of current affairs, and as soon as the principal -officers had left me the executive papers were arranged for removal. -This occupied myself and staff until late in the afternoon. By this -time the report that Richmond was to be evacuated had spread through -the town, and many who saw me walking toward my residence left their -houses to inquire whether the report was true. Upon my admission of -the painful fact, qualified, however, by the expression of my hope -that we would under better auspices again return, the ladies -especially, with generous sympathy and patriotic impulse, responded, -"If the success of the cause requires you to give up Richmond, we are -content." - -The affection and confidence of this noble people in the hour of -disaster were more distressing to me than complaint and unjust -censure would have been. - -In view of the diminishing resources of the country on which the Army -of Northern Virginia relied for supplies, I had urged the policy of -sending families as far as practicable to the south and west, and had -set the example by requiring my own to go. If it was practicable and -desirable to hold the south side of the James, then, even for merely -material considerations, it was important to hold Richmond, and this -could best have been done if there had been none there save those who -could aid in its defense. If it was not practicable and desirable to -hold the south side of the James, then Richmond would be isolated, -and if it could have been defended, its depots, foundries, workshops, -and mills could have contributed nothing to the armies outside, and -its possession would no longer have been to us of military -importance. Ours being a struggle for existence, the indulgence of -sentiment would have been misplaced. - -Being alone in Richmond, the few arrangements needful for my personal -wants were soon made after reaching home. Then, leaving all else in -care of the housekeeper, I waited until notified of the time when the -train would depart; then, going to the station, started for Danville, -whither I supposed General Lee would proceed with his army. - -In a previous chapter I promised to expose the fiction which imputed -to me the removal of supplies intended for Lee's army at Amelia -Court-House, Though manufactured without one fiber of truth, it has -been copied into so many books, formed the staple of so many -jeremiads, and pointed so many malignant reflections, that I deem it -proper for myself and others concerned now to present the evidence -which will overthrow this baseless fabric. - -General I. M. St. John, Commissary-General of the Confederate Army, -was requested by me, after the close of the war, to prepare a report -in reply to the widely circulated story that Lee's army had been -compelled to evacuate Petersburg, and subsequently to surrender -because the Administration had failed to provide food for their -support. On the 14th of July, 1873, General St. John addressed to me -a report of the operations and condition of the commissariat -immediately preceding the surrender of Lee's and Johnston's armies. -That report, together with confirmatory statements, will be found in -the "Southern Historical Society Papers" for March, 1877. From it and -the accompanying documents I propose to make brief extracts. - -General St. John says that in February, 1865, when he took charge of -the commissary bureau, on account of the military status he - - "found that the Army of Northern Virginia was with difficulty - supplied day by day with reduced rations. . . . I at once proceeded - to organize a system of appeal and of private contribution as - auxiliary to the regular operations of the commissary service. With - the earnest and very active aid of leading citizens of Virginia and - North Carolina, this effort was attended with results exceeding - expectation. . . . On or before March 15, 1865, the - Commissary-General was able to report to the Secretary of War that, - in addition to the daily issue of rations to the Army of Northern - Virginia, there lay in depot along the railroad between Greensboro, - North Carolina, Lynchburg, Staunton, and Richmond, at least ten days' - rations of bread and meat, collected especially for that army, and - subject to the requisition of its chief commissary officer; also that - considerably over 300,000 rations were held in Richmond as a special - reserve. . . . There was collected by April 1, 1865, in depot, - subsistence stated in detail as follows: - - "At Richmond, Virginia, 300,000 rations bread and meat; at Danville, - 500,000 rations bread; at Danville, 1,500,000 rations meat; at - Lynchburg, 180,000 rations bread and meat; at Greensboro, North - Carolina, and vicinity, 1,500,000 rations bread and meat. - - "In addition, there were considerable supplies of tea, coffee, and - sugar carefully reserved for hospital issues chiefly. These returns - did not include the subsistence collections by the field-trains of - the Army of Northern Virginia, under orders from its own - headquarters, nor the depot collections at Charlottesville, Staunton, - and other points upon the Virginia Central Railroad, to meet - requisitions from the Confederates operating in the Valley and - western Virginia. South and west of Greensboro, North Carolina, the - depot accumulations were reserved first to meet requisitions for the - forces operating in the Carolinas, and the surplus for Virginia - requisitions. . . ." - -The report then refers to a conference between the Secretary of War -(Breckinridge) and the General commanding (Lee) with the -Quartermaster-General (Lawton) and the Commissary-General (St. John). -After a general discussion of the wants of the army in clothing, -forage, and subsistence, to an inquiry by General Lee, General St. -John replied: - - "That a daily delivery by cars and canal-boats, at or near Richmond, - of about five hundred tons of commissaries' stores was essential to - provide for the Richmond siege reserve and other accumulations - desired by the General commanding; that the depot collections were - already sufficient to assure the meeting of these requisitions, and, - if the then existing military lines could be held, the - Commissary-General felt encouraged as to the future of his own - immediate department." - -The procuring of supplies was only one of the difficulties by which -we were beset. The deteriorated condition of the railroads and the -deficiency of rolling-stock embarrassed transportation, and there was -yet another: the cavalry raids of the enemy frequently broke the -railroads and destroyed trains. General Lawton, with great energy and -good judgment, under the heavy pressure of the circumstances, -improved the railroad transportation. I quote again from the report -of General St. John: - - "Upon the earliest information of the approaching evacuation, - instructions were asked from the War Department and the General - commanding for the final disposition of the subsistence reserve in - Richmond, then reported by Major Claiborne, post commissary, to - exceed in quantity 350,000 rations. The reply, 'Send up the Danville - Railroad if Richmond is not safe,' was received from the army - headquarters, April 2, 1865, and too late for action, as all railroad - transportation had then been taken up, by superior orders, for the - archives, bullion, and other Government service, then deemed of prior - importance. All that remained to be done was to fill every accessible - army-wagon; and this was done, and the trains were hurried southward." - -It will be seen from this statement that the reply was only directed -to the removal of the subsistence reserve if Richmond was not safe. -It can not be supposed that such a reply emanated from General Lee, -as he surely never contemplated an attempt to hold Richmond after -Petersburg was evacuated. General St. John then adds: - - "On March 31st, or possibly the morning of April 1st, a telegram was - received at the bureau in Richmond, from the commissary officer of - the Army of Northern Virginia, requesting breadstuffs to be sent to - Petersburg. Shipment was commenced at once, and was pressed to the - extreme limit of transportation permitted by the movement of General - Longstreet's corps (then progressing southward). No calls, by letter - or requisition, from the General commanding, or from any other - source, official or unofficial, had been received either by the - Commissary-General or the Assistant Commissary-General; nor (as will - be seen by the appended letter of the Secretary of War) was any - communication transmitted through the department channels to the - bureau of subsistence, for the collection of supplies at Amelia - Court-House. Had any such requisition or communication been received - at the bureau as late as the morning of April 1st, it could have been - met from the Richmond reserve with transportation on south-bound - trains, and most assuredly so previous to General Longstreet's - movement." - -On the morning of the 3d the Commissary-General left Richmond and -joined General R. E. Lee at Amelia Springs. There were at that time -about eighty thousand rations at Farmville, "there held on trains for -immediate use." On the morning of the 6th the Commissary-General -asked General Lee whether he should send those rations down the -railroad or hold them at Farmville. Not receiving instructions, the -rations remained at Farmville, and on the 7th the army passing there -took a portion of them. On the morning of the 8th the subsistence -trains on the railroad at Pamphlin's Station, twenty miles west of -Farmville, were attacked by the enemy's cavalry and captured, or -burned to avoid capture. The surrender followed on the subsequent -day. The foregoing extracts, I think, prove unquestionably that no -orders were received to place supplies for Lee's army at Amelia -Court-House; that sufficient supplies were in depot to answer the -immediate wants of the army, and that the failure to distribute them -to the troops on their retreat was due to the active operations of -the enemy on all our lines of communication; hence, when the -Commissary-General applied to General Lee for instructions as to -where supplies should be placed, he says, "General Lee replied in -substance that the military situation did not permit an answer." -Lest, however, what has been given should not seem conclusive to -others, I add confirmatory testimony. General John C. Breckinridge, -in a letter to General I. M. St. John, of date May 16, 1871, wrote: - - "A few days before the evacuation of Richmond you reported to me that - besides supplies accumulated at different distant points in Virginia - and North Carolina, you had ten days' rations accessible by rail to - [General Lee] and subject to the orders of his chief commissary. I - have no recollection of any communication from General Lee in regard - lo the accumulation of rations at Amelia Court-House. . . . The - second or third day after the evacuation, I recollect you said to - General Lee in my presence that you had a large number of rations (I - think eighty thousand) at a convenient point on the railroad, and - desired to know where you should place them. The General replied that - the military situation made it impossible to answer." - -In a letter of the date of September, 1865, Lieutenant-Colonel Thomas -G. Williams, assistant commissary-general, wrote to General St. John, -and from his letter I make the following extract: - - "On the morning of April 2, 1865, the chief commissary of General - Lee's army was asked by telegram what should be done with the stores - in Richmond. No reply was received until night; he then suggested - that, if Richmond was not safe, they might be sent up on the - Richmond and Danville Railroad. As the evacuation of Richmond was - then actively progressing, it was impracticable to move those - supplies. . . . In reply to your question with regard to the - establishment of a depot of supplies at Amelia Court-House, I have - to say that I had no information of any such requisition or demand - upon the bureau." - -Major J. H. Claiborne, assistant commissary-general, in a letter to -General I. M. St. John, from Richmond, June 3, 1873, wrote: - - "No order was received by me, and (with full opportunities of - information if it had been given) I had no knowledge of any plan to - send supplies to Amelia Court-House. Under such circumstances, with - transportation afforded, there could readily have been sent about - three hundred thousand rations, with due regard to the demand upon - this post." - -During the retreat, supplies were found at Pamphlin's Depot, -Farmville, Danville, Saulsbury, and Charlotte. Major B. P. Noland, -chief commissary for Virginia, wrote to General St. John, April 16, -1874. After saying that he had read with care the report of General -St. John, and expressing the opinion that it was entirely correct, of -which no one in the Confederacy had better opportunities to judge, he -writes: - - "I think the plan adopted by your predecessor, Colonel Northrop - (which was continued by you), for obtaining for the use of the army - the products of the country, was as perfect and worked as effectively - as any that could have been devised. . . . I left Richmond at one - o'clock of the night Richmond was evacuated, with orders from you to - make Lynchburg my headquarters, and be ready to forward supplies from - that point to the army. I never heard of any order for the - accumulation of supplies at Amelia Springs." - -Lewis E. Harvie, a distinguished citizen of Virginia, and who at the -close of the war was President of the Richmond and Danville and -Piedmont Railroads, wrote to General St. John on January 1, 1876. -From his letter I make the following extracts, referring to the -condition of affairs in 1865. He writes: - - "The difficulties of obtaining supplies were very great, particularly - when the roads under my charge were cut, and transportation suspended - on them, which was the case on one or two occasions for several - weeks. Engines and care, and machinery generally, on these roads were - insufficient and inadequate from wear and tear to accomplish the - amount of transportation required for the Government. . . . The - Richmond and Danville and Piedmont Railroads were kept open, and - about that time we added largely to its rolling-stock by procuring - engines and cars from the different roads on the route of the - Virginia and Tennessee Railroad west. Starvation had stared the Army - of Northern Virginia in the face; and the commissary department - organized an appeal to the people on the line of the Richmond and - Danville Railroad for voluntary contributions of supplies, and a - number of gentlemen of influence, character, and position, including - the most eminent clergymen of the State, addressed them in several - counties, urging them to furnish the supply wanted. - - "No one who witnessed can ever forget the results. Contribution was - universal, and supplies of food sufficient to meet the wants of the - army at the time were at once sent to the depots on the road until - they were packed and groaned under their weight; and I affirm that at - the time of the evacuation of Richmond, the difficulty of delivering - supplies sufficient for the support of the Army of Northern Virginia - under General Lee was solved and surmounted, for I know that abundant - supplies were in reach of transportation on the Richmond and Danville - Railroad, being massed in Danville, Charlotte, and at other points; - and, from the increased motive power above referred to, they could - have been delivered as fast as they were required. . . . At the time - of the evacuation of the city, there were ample supplies in it, as - well as on the railroad west of Amelia Court-House, to have been - delivered at the latter place for the retreating army, if its numbers - had been double what they were. No orders were ever given to any - officers or employee of the Richmond and Danville Railroad to - transport any supplies to Amelia Court-House for General Lee's army, - nor did I ever bear that any such orders were sent to the commissary - department on the occasion of the evacuation of Richmond, until after - the surrender of the army." - -Mr. Harvie then recites his interview, held on Saturday, the day -before evacuation, with the Quartermaster-General, the Secretary of -War, and myself, from whom he learned that he might go home for a -fortnight, there being no expectation that Richmond would be -evacuated in the mean time. He adds that the next day he was informed -by telegraph of the proposed evacuation, and returned to Richmond, at -which place he conferred with myself and the Secretary of War about -the route to be taken by the wagon supply-train, and that he had a -long conversation with me on the care, during our night-ride to -Danville. - -In regard to sending supplies to Amelia Court-House, he writes: - - "I have never believed that any orders to place supplies of food at - Amelia Court-House were received by the commissary department at the - time of the evacuation of the city, because from Richmond, or from - the upper portions of the railroad, if required, they could at once - have been transported without any delay or difficulty. Neither the - road nor the telegraph was cut or disturbed until the day after the - evacuation of the city." - -It may perhaps be thought that the amount of evidence adduced is -greater than necessary to disprove the very improbable assertion -that, instead of burden-cars, a passenger train had been loaded with -provisions for Lee's army at Amelia Court-House, and that these -passenger-cars, without being permitted to unload the freight, had, -in reckless disregard of the wants of our worn and hard-pressed -defenders, been ordered to proceed immediately to Richmond, thus -leaving them to starvation, and the necessity to surrender, in order -to enable the executive department to escape; but, as I had no -personal knowledge of the matter, it was necessary to quote those -whose functions brought them into closer communication with the -subject to which the calumny related. - -In the night of the 2d, the same on which General Ewell evacuated the -defenses of the capital and General Lee withdrew from Petersburg, I -left Richmond and reached Danville on the next morning. - -Neither the president of the railroad, who was traveling with me, nor -I knew that there was anything which required attention at Amelia -Court-House or other station on the route. Had General Lee's letter -to me, written on the afternoon of the 2d, been received at Richmond, -which I think it was not, the fact that he proposed to march to -Amelia Court-House would have been known; but it would have been -unjust to the officers of the commissary department to doubt that any -requisition made or to be made for supplies had received or would -receive the most prompt and efficient attention. If, however, I had -known that General Lee wanted supplies placed at Amelia Court-House, -I would certainly have inquired as to the time of reaching that -station, and have asked to have the train stopped so as to enable me -to learn whether the supplies were in depot or not. The unfounded -calumny, after perhaps having given it more consideration than it was -worth, is now dismissed. - -Though the occupation of Danville was not expected to be permanent, -immediately after arriving there rooms were obtained, and the -different departments resumed their routine labors. Nothing could -have exceeded the kindness and hospitality of the patriotic citizens. -They cordially gave as an "Old Virginia welcome," and with one heart -contributed in every practicable manner to cheer and aid us in the -work in which we were engaged. - -The town was surrounded by an intrenchment as faulty in location as -construction. I promptly proceeded to correct the one and improve the -other, while energetic efforts were being made to collect supplies of -various kinds for General Lee's army. - -The design, as previously arranged with General Lee, was that, if he -should be compelled to evacuate Petersburg, he would proceed to -Danville, make a new defensive line of the Dan and Roanoke Rivers, -unite his army with the troops in North Carolina, and make a combined -attack upon Sherman; if successful, it was expected that reviving -hope would bring reënforcements to the army, and Grant, being then -far removed from his base of supplies, and in the midst of a hostile -population, it was thought we might return, drive him from the soil -of Virginia, and restore to the people a government deriving its -authority from their consent. With these hopes and wishes, neither -seeking to diminish the magnitude of our disaster nor to excite -illusory expectations, I issued, on the 5th, the following -proclamation, of which, viewed by the light of subsequent events, it -may fairly be said it was over-sanguine: - - "The General-in-Chief found it necessary to make such movements of - his troops as to uncover the capital. It would be unwise to conceal - the moral and material injury to our cause resulting from its - occupation by the enemy. It is equally unwise and unworthy of us to - allow our energies to falter and our efforts to become relaxed under - reverses, however calamitous they may be. For many months the largest - and finest army of the Confederacy, under a leader whose presence - inspires equal confidence in the troops and the people, has been - greatly trammeled by the necessity of keeping constant watch over the - approaches to the capital, and has thus been forced to forego more - than one opportunity for promising enterprise. It is for us, my - countrymen, to show by our bearing under reverses, how wretched has - been the self-deception of those who have believed us less able to - endure misfortune with fortitude than to encounter danger with - courage. - - "We have now entered upon a new phase of the struggle. Relieved from - the necessity of guarding particular points, our army will be free to - move from point to point, to strike the enemy in detail far from his - base. Let us but will it, and we are free. - - "Animated by that confidence in your spirit and fortitude which never - yet failed me, I announce to you, fellow-countrymen, that it is my - purpose to maintain your cause with my whole heart and soul; that I - will never consent to abandon to the enemy one foot of the soil of - any of the States of the Confederacy; that Virginia--noble State, - whose ancient renown has been eclipsed by her still more glorious - recent history; whose bosom has been bared to receive the main shock - of this war; whose sons and daughters have exhibited heroism so - sublime as to render her illustrious in all time to come--that - Virginia, with the help of the people and by the blessing of - Providence, shall be held and defended, and no peace ever be made - with the infamous invaders of her territory. - - "If, by the stress of numbers, we should be compelled to a temporary - withdrawal from her limits or those of any other border State, we - will return until the baffled and exhausted enemy shall abandon in - despair his endless and impossible task of making slaves of a people - resolved to be free. - - "Let us, then, not despond, my countrymen, but, relying on God, meet - the foe with fresh defiance and with unconquered and unconquerable - hearts. - - "JEFFERSON DAVIS." - -While thus employed, little if any reliable information in regard to -the Army of Northern Virginia was received, until a gallant youth, -the son of General Henry A. Wise, came to Danville, and told me that, -learning Lee's army was to be surrendered, he had during the night -mounted his fleet horse, and, escaping through and from the enemy's -cavalry, some of whom pursued him, had come quite alone to warn me of -the approaching event. Other unofficial information soon followed, -and of such circumstantial character as to prove that Lieutenant -Wise's anticipation had been realized. - -Our scouts now reported a cavalry force to be moving toward the south -around the west side of Danville, and we removed thence to -Greensboro, passing a railroad-bridge, as was subsequently learned, a -very short time before the enemy's cavalry reached and burned it. I -had telegraphed to General Johnston from Danville the report that Lee -had surrendered, and, on arriving at Greensboro, conditionally -requested him to meet me there, where General Beauregard at the time -had his headquarters, my object being to confer with both of them in -regard to our present condition and future operations. - - -[Footnote 123: "Memoirs of Service Afloat," Admiral Semmes, pp. -811-815.] - - - - -CHAPTER LIV - - Invitation of General Johnston to a Conference.--Its Object.--Its - Result.--Provisions on the Line of Retreat.--Notice of President - Lincoln's Assassination.--Correspondence between Johnston and - Sherman.--Terms of the Convention.--Approved by the Confederate - Government.--Rejected by the United States Government.-- - Instructions to General Johnston.--Disobeyed.--Statements of - General Johnston.--His Surrender.--Movements of the President - South.--His Plans.--Order of General E. E. Smith to his Soldiers.-- - Surrender.--Numbers paroled.--The President overtakes his Family.-- - His Capture.--Taken to Hampton Roads, and imprisoned in Fortress - Monroe. - - -The invitation to General Johnston for a conference, noticed in a -previous chapter, was as follows: - - "GREENSBORO, NORTH CAROLINA, _April 11 1865--12 M._ - - "General J. E. JOHNSTON, _headquarters, via Raleigh:_ - - "The Secretary of War did not join me at Danville. Is expected here - this afternoon. - - "As your situation may render best, I will go to your headquarters - immediately after the arrival of the Secretary of War, or you can - come here; in the former case our conference must be without the - presence of General Beauregard. I have no official report from - General Lee. The Secretary of War may be able to add to information - heretofore communicated. - - "The important question first to be solved is, At what point shall - concentration be made, in view of the present position of the two - columns of the enemy, and the routes which they may adopt to engage - your forces before a proposed junction with General Walker and - others. Your more intimate knowledge of the data for the solution of - the problem deters me from making a specific suggestion on that - point. - - "JEFFERSON DAVIS." - -In compliance with this request, General J. E. Johnston came up from -Raleigh to Greensboro, and with General Beauregard met me and most of -my Cabinet at my quarters in a house occupied by Colonel J. Taylor -Wood's family. Though I was fully sensible of the gravity of our -position, seriously affected as it was by the evacuation of the -capital, the surrender of the Army of Northern Virginia, and the -consequent discouragement which these events would produce, I did not -think we should despair. We still had effective armies in the field, -and a vast extent of rich and productive territory both east and west -of the Mississippi, whose citizens had evinced no disposition to -surrender. Ample supplies had been collected in the railroad depots, -and much still remained to be placed at our disposal when needed by -the army in North Carolina. - -The failure of several attempts to open negotiations with the Federal -Government, and notably the last by commissioners who met President -Lincoln at Hampton Roads, convinced me of the hopelessness under -existing circumstances to obtain better terms than were then offered, -i. e., a surrender at discretion. My motive, therefore, in holding an -interview with the senior generals of the army in North Carolina was -not to learn their opinion as to what might be done by negotiation -with the United States Government, but to derive from them -information in regard to the army under their command, and what it -was feasible and advisable to do as a military problem. - -The members of my Cabinet were already advised as to the object of -the meeting, and, when the subject was introduced to the generals in -that form, General Johnston was very reserved, and seemed far less -than sanguine. His first significant expression was that of a desire -to open correspondence with General Sherman, to see if he would agree -to a suspension of hostilities, the object being to permit the civil -authorities to enter into the needful arrangements to terminate the -existing war. Confident that the United States Government would not -accept a proposition for such negotiations, I distinctly expressed My -conviction on that point, and presented as an objection to such an -effort that, so far as it should excite delusive hopes and -expectations, its failure would have a demoralizing effect both on -the troops and the people. Neither of them had shown any disposition -to surrender, or had any reason to suppose that their Government -contemplated abandoning its trust--the maintenance of the -Constitution, freedom, and independence of the Confederate States. -From the inception of the war, the people had generally and at all -times expressed their determination to accept no terms of peace that -did not recognize their independence; and the indignation manifested -when it became known that Mr. Lincoln had offered to our -commissioners at Hampton Roads a surrender at discretion as the only -alternative to a continuance of the war assured me that no true -Confederate was prepared to accept peace on such terms. During the -last years of the war the main part of the infantry in the Army of -Northern Virginia was composed of men from the farther South. Many of -these, before the evacuation of Petersburg and especially about the -time of Lee's surrender, had absented themselves to go homeward, and, -it was reported, made avowal of their purpose to continue the -struggle. I had reason to believe that the spirit of the army in -North Carolina was unbroken, for, though surrounded by circumstances -well calculated to depress and discourage them, I had learned that -they earnestly protested to their officers against the surrender -which rumor informed them was then in contemplation. If any shall -deem it a weak credulity to confide in such reports, something may be -allowed to an intense love for the Confederacy to a thorough -conviction that its fall would involve ruin, both material and moral, -and to a confidence in the righteousness of our cause, which, if -equally felt by my compatriots, would make them do and dare to the -last extremity. - -But if, taking the gloomiest view, the circumstances were such as to -leave no hope of maintaining the independence of the Confederate -States--if negotiations for peace must be on the basis of reunion -and the acceptance of the war legislation--it seemed to me that -certainly better terms for our country could be secured by keeping -organized armies in the field than by laying down our arms and -trusting to the magnanimity of the victor. - -For all these considerations I was not at all hopeful of any success -in the attempt to provide for negotiations between the civil -authorities of the United States and those of the Confederacy, -believing that, even if Sherman should agree to such a proposition, -his Government would not ratify it; but, after having distinctly -announced my opinion, I yielded to the judgment of my constitutional -advisers, of whom only one held my views, and consented to permit -General Johnston, as he desired, to hold a conference with General -Sherman for the purpose above recited. - -Then, turning to what I supposed would soon follow, I invited General -Johnston to an expression of his choice of a line of retreat toward -the southwest. He declared a preference for a different route from -that suggested by me, and, yielding the point, I informed him that I -would have depots of supplies for his army placed on the route he had -selected. The commissary-general, St. John, executed the order, as -shown in his report published in the "Southern Historical Society -Papers," vol. viii, pp. 103-107. - -Referring to the period which followed the surrender of the Army of -Northern Virginia, General I. M. St. John, Commissary-General -Confederate States Army, writes: - - "The bureau headquarters were continued in North Carolina until the - surrender of that military department. During the interval - preparations were made for the westward movement of forces as then - contemplated. In these arrangements the local depots were generally - found so full and supplied so well in hand, from Charlotte southwest, - that the commissary-general was able to report to the Secretary of - War that the requisitions for which he was notified to prepare could - all be met. The details of this service were executed, and very ably, - by Major J. H. Claiborne, then, and until the end, assistant - commissary-general." - -Major Claiborne, in his report, writes: - - "Being placed under orders as assistant commissary-general, I - forwarded supplies from South Carolina to General J. E. Johnston's - army, and also collected supplies at six or seven named points in - that State for the supposed retreat of General Johnston's army - through the State. This duty, with a full determination at the - evacuation of this city [Richmond] to follow the fortunes of our - cause, gave me opportunity of ascertaining the resources of the - country for my department. The great want was that of transportation, - and specially was it felt by all collecting commissaries for a few - months before the surrender." - -It will thus be seen that my expectations, referred to above, caused -adequate provision to be made for the retreat of our army, if that -result should become necessary by the failure of the attempt to open -negotiations for an honorable peace. I had never contemplated a -surrender, except upon such terms as a belligerent might claim, as -long as we were able to keep the field, and never expected a -Confederate army to surrender while it was able either to fight or to -retreat. Lee had only surrendered his army when it was impossible for -him to do either one or the other, and had proudly rejected Grant's -demand, in the face of overwhelming numbers, until he found himself -surrounded and his line of retreat blocked by a force much larger -than his own. - -After it had been decided that General Johnston should attempt -negotiation with General Sherman, he left for his army headquarters; -and I, expecting that he would soon take up his line of retreat, -which his superiority in cavalry would protect from harassing -pursuit, proceeded with my Cabinet and staff toward Charlotte, North -Carolina. While on the way, a dispatch was received from General -Johnston announcing that General Sherman had agreed to a conference, -and asking that the Secretary of War, General J. C. Breckinridge, -should return to coöperate in it. The application was complied with, -and the Postmaster-General, John H. Reagan, also went at my request. -He, however, was not admitted to the conference. - -We arrived at Charlotte on April 18, 1865, and I there received, at -the moment of dismounting, a telegram from General Breckinridge -announcing, on information received from General Sherman, that -President Lincoln had been assassinated. An influential citizen of -the town, who had come to welcome me, was standing near me, and, -after remarking to him in a low voice that I had received sad -intelligence, I handed the telegram to him. Some troopers encamped in -the vicinity had collected to see me; they called to the gentleman -who had the dispatch in his hand to read it, no doubt supposing it to -be army news. He complied with their request, and a few, only taking -in the fact, but not appreciating the evil it portended, cheered, as -was natural at news of the fall of one they considered their most -powerful foe. The man, who invented the story of my having read the -dispatch with exultation, had free scope for his imagination, as he -was not present, and had no chance to know whereof he bore witness, -even if there had been any foundation of truth for his fiction. - -For an enemy so relentless in the war for our subjugation, we could -not be expected to mourn; yet, in view of its political consequences, -it could not be regarded otherwise than as a great misfortune to the -South. He had power over the Northern people, and was without -personal malignity toward the people of the South; his successor was -without power in the North, and the embodiment of malignity toward -the Southern people, perhaps the more so because he had betrayed and -deserted them in the hour of their need. The war had now shrunk into -narrow proportions, but the important consideration remained to so -conduct it that, if failing to secure our independence, we might -obtain a treaty or _quasi_-treaty of peace which would secure to the -Southern States their political rights, and to the people thereof -immunity from the plunder of their private property. - -I found some cavalry at Charlotte, and soon had the satisfaction to -increase them to five brigades, They had been on detached service, -and were much reduced in numbers. Among the troopers who assembled -there was the remnant of the command which had spread terror north of -the Ohio, under the command of their dauntless leader, General John -Hunt Morgan. Their present chief, worthy to be the successor of that -hero, was General Basil Duke. Among the atrocious, cowardly acts of -vindictive malice which marked the conduct of the enemy, none did or -could surpass the brutality with which the dying and dead body of -Morgan was treated. Hate, the offspring of fear, they might feel for -the valorous soldier while he lived, but even the ignoble passion, -vengeance, might have been expected to stop when life was extinct. - -On April 13, 1865, General Johnston wrote to General Sherman as -follows: - - "The results of the recent campaign in Virginia have changed the - relative military condition of the belligerents. I am therefore - induced to address you, in this form, the inquiry whether, to stop - the further effusion of blood and the devastation of property, you - are willing to make a temporary suspension of active operations; - . . . the object being to permit the civil authorities to enter into - the needful arrangements to terminate the existing war." - -General Sherman replied, on the 14th: - - "I am fully empowered to arrange with you any terms for the - suspension of hostilities between the armies commanded by you and - those commanded by myself, and will be willing to confer with you to - that end," etc., etc.[124] - -In the same volume, at page 327, General Sherman describes an -interview with Mr. Lincoln, held at City Point on the 27th and 28th -of March preceding, in which he says: - - "Mr. Lincoln distinctly authorized me to assure Governor Vance and - the people of North Carolina that, as soon as the rebel armies laid - down their arms, and resumed their civil pursuits, they would at once - be guaranteed all their rights as citizens of a common country; and - that, to avoid anarchy, the State governments then in existence, with - their civil functionaries, would be recognized by him as the - government _de facto_ till Congress could provide others." - -In a letter of D. D. Porter, vice-admiral, written in 1866, giving -his recollections of that interview, in the same volume, page 330, is -found the following paragraph: - - "The conversation between the President and General Sherman, about - the terms of surrender to be allowed Joe Johnston, continued. Sherman - energetically insisted that he could command his own terms, and that - Johnston would have to yield to his demands; but the President was - very decided about the matter, and insisted that the surrender of - Johnston's army must be obtained on any terms." - -Hence it appears that Sherman was authorized to say that he was fully -empowered to arrange for the suspension of hostilities; and, -moreover, that he was instructed by Mr. Lincoln to give "any terms" -to obtain the surrender of Johnston's army. - -In regard to the memorandum or basis of agreement, Sherman states, in -the same volume, page 353, that, while in consultation with General -Johnston, a messenger brought him a parcel of papers from Mr. Reagan, -Postmaster-General; that Johnston and Breckinridge looked over them, -and handed one of them to him, which he found inadmissible, and -proceeds: - - "Then, recalling the conversation with Mr. Lincoln at City Point, I - sat down at the table and wrote off the terms which I thought - concisely expressed his views and wishes." - -But, while these matters were progressing, Mr. Lincoln had been -assassinated, and a vindictive policy had been substituted for his, -which avowedly was, to procure a speedy surrender of the army upon -any terms. His evident wish was to stop the further shedding of -blood; that of his successors, like Sherman's, to extract all which -it was possible to obtain. From the memoranda of the interview -between Mr. Lincoln and Sherman it is clearly to be inferred that, -but for the untimely death of Mr. Lincoln, the agreement between -Generals Sherman and Johnston would have been ratified; and the -wounds inflicted on civil liberty by the "reconstruction" measures -might not have left their shameful scars on the United States. - -General Sherman, in his "Memoirs," vol. ii, page 349, referring to a -conversation between himself and General Johnston at their first -meeting, writes: - - "I told him I could not believe that he or General Lee, or the - officers of the Confederate army, could possibly be privy to acts of - assassination, but I would not say as much for Jeff Davis, George - Saunders, and men of that stripe." - -On this I have but two remarks to make: First, that I think there -were few officers in the Confederate army who would have permitted -such a slanderous imputation to be made by a public enemy against the -chief executive of their Government; second, that I could not value -the good opinion of the man who, in regard to the burning of -Columbia, made a false charge against General Wade Hampton, and, -having left it to circulate freely for ten years, then in his -published memoirs makes this disgraceful admission: - - "In my official report of this conflagration, I distinctly charged it - to General Wade Hampton, and confess I did so pointedly, to shake the - faith of his people in him," etc. - - - "Memorandum, or basis of agreement, made this 18th day of April, A. - D. 1865, near Durham Station, and in the State of North Carolina, by - and between General Joseph E. Johnston, commanding the Confederate - army, and Major-General W. T. Sherman, commanding the army of the - United States in North Carolina, both present: - - "1. The contending armies now in the field to maintain their _status - quo_, until notice is given by the commanding General of either one - to its opponents, and reasonable time, say forty-eight hours, allowed. - - "2. The Confederate armies now in existence to be disbanded and - conducted to the several State capitals, there to deposit their arms - and public property in the State Arsenal, and each officer and man to - execute and file an agreement to cease from acts of war, and abide - the action of both Federal and State authorities. The number of arms - and munitions of war to be reported to the chief of ordnance at - Washington City, subject to future action of the Congress of the - United States, and in the mean time to be used solely to maintain - peace and order within the borders of the States respectively. - - "3. The recognition by the Executive of the United States of the - several State governments, on their officers and Legislatures taking - the oath prescribed by the Constitution of the United States; and, - where conflicting State governments have resulted from the war, the - legitimacy of all shall be submitted to the Supreme Court of the - United States. - - "4. The reestablishment of all Federal courts in the several States, - with powers as defined by the Constitution and laws of Congress. - - "5. The people and inhabitants of all States to be guaranteed, so far - as the Executive can, their political rights and franchises, as well - as their rights of person and property, as defined by the - Constitution of the United States and of the States respectively. - - "6. The Executive authority of the Government of the United States - not to disturb any of the people by reason of the late war, so long - as they live in peace and quiet, abstain from acts of armed - hostility, and obey laws in existence at any place of their residence. - - "7. In general terms, war to cease, a general amnesty, so far as the - Executive power of the United States can command, or on condition of - the disbandment of the Confederate armies, the distribution of arms, - and resumption of peaceful pursuits by officers and men, as hitherto - composing said armies. Not being fully empowered by our respective - principals to fulfill these terms, we individually and officially - pledge ourselves to promptly obtain necessary authority, and to carry - out the above programme. - - "W. T. SHERMAN, _Major-General, etc., etc._ - - "J. E. JOHNSTON, _General, etc., etc._" - -The reader will not fail to observe that the proposition for a -suspension of hostilities to allow the civil authorities to -negotiate, was not even entertained; that the agreement was, in fact, -a military convention, in which all reference to the civil -authorities was excluded, except by the admission that the -negotiators respectively had principals from whom they must obtain -authority, i. e., ratification of the agreement into which they had -entered. There seemed to be a special dread on the part of the United -States officials lest they should do something which would be -construed as the recognition of the existence of a government which -for four years they had been vainly trying to subdue. Now, as on -previous occasions, I cared little for the form, and therefore only -gave my consideration to the substance of the agreement. In -consideration of the disbandment of our armies it provided for the -recognition of the several State governments, guaranteed to the -people of the States their political rights and franchises, as well -as their rights of person and property as defined by the Constitution -of the United States and other States respectively; promised not to -disturb any of the people by reason of the late war, and generally -indicated that the United States Government was to be restricted to -the exercise of the powers delegated in the Constitution. - -Though this convention, if ratified, would not have all the binding -force of a treaty, it secured to our people the political rights and -safety from pillage, to obtain which I proposed to continue the war. -I, therefore, with the concurrence of my constitutional advisers, -addressed General Johnston as follows: - - "CHARLOTTE, NORTH CAROLINA, _April 24, 1865._ - - "General J. E. JOHNSTON, _Greensboro, North Carolina._ - - "The Secretary of War has delivered to me the copy you handed to him - of the basis of an agreement between yourself and General Sherman. - Your action is approved. You will so inform General Sherman; and, if - the like authority be given by the Government of the United States to - complete the arrangement, you will proceed on the basis adopted. - - "Further instructions will be given after the details of the - negotiation and the methods of executing the terms of agreement when - notified by you of the readiness on the part of the General - commanding United States forces to proceed with the arrangement. - - "JEFFERSON DAVIS." - -From the terms of this letter it will be seen that I doubted whether -the agreement would be ratified by the United States Government. The -opinion I entertained in regard to President Johnson and his venomous -Secretary of War, Stanton, did not permit me to expect that they -would be less vindictive after a surrender of our army had been -proposed than when it was regarded as a formidable body defiantly -holding its position in the field. Whatever hope others entertained -that the existing war was about to be peacefully terminated, was soon -dispelled by the rejection of the basis of agreement on the part of -the Government of the United States, and a notice from General -Sherman of termination of the armistice in forty-eight hours after -noon of the 24th of April, 1865. - -General Johnston communicated to me the substance of the above -information received by him from General Sherman, and asked for -instructions. I have neither his telegram nor my reply, but can give -it substantially from memory. It was that he should retire with his -cavalry, and as many infantry as could be mounted upon draught-horses, -and some light artillery, the rest of the infantry to be disbanded, -and a place of rendezvous appointed. It was unnecessary to say anything -of the route, as that had been previously agreed on, and supplies -placed on it for his retreating army. This order was disobeyed, and he -sought another interview with Sherman, to renew his attempt to reach an -agreement for a termination of hostilities. Meantime, General Hampton, -commanding the cavalry of Johnston's army, came to me at Charlotte, -told me that he feared the army was to be surrendered, and wished -permission to withdraw his part of it and report to me. I gave the -permission, extending it to all the cavalry, which was in accordance -with the instructions I had sent to General Johnston. He returned -immediately, but I have since learned from him that the cavalry had -been included in a proposition to surrender, before he reached them. - -After the expiration of the armistice, I rode out of Charlotte, -attended by the members of my Cabinet (except Attorney-General Davis, -who had gone to see his family, residing in that section, and the -Secretary of the Treasury, Mr. Trenholm, who was too ill to accompany -me), my personal staff, and the cavalry which had been concentrated -from different, and some of them distant, fields of detached service. -The number was about two thousand, and they represented six brigade -organizations; though so much reduced in numbers, they were in a good -state of efficiency, and among their officers were some of the best -in our service. To the troops of this command, whose gallantly had -been displayed on many fields, there is due from me a special -acknowledgment for the kind consideration shown to me on the marches -from Charlotte, when the dark shadows which gathered round us -foretold the coming night. General Hampton, finding his troops had -been included in the surrender, endeavored to join me to offer his -individual service, and to share my fate whatever it might be. He -accidentally failed to meet me. - -I must now recur to two extraordinary statements made by General J. -E. Johnston in regard to myself while at Charlotte, North Carolina, -on pages 408 and 409, Johnston's "Narrative." The first is that at -Greensboro, on the 19th of April-- - - "Colonel Archer Anderson, adjutant-general of the army, gave me two - papers, addressed to me by the President. The first directed me to - obtain from Mr. J. N. Hendren, Treasury Agent, thirty-nine thousand - dollars in silver, which was in his hands, subject to my order, and - to use it as the military chest of the army. The second, received - subsequently by Colonel Anderson, directed me to send this money to - the President at Charlotte. This order was not obeyed, however. As - only the military part of our Government had then any existence, I - thought that a fair share of the fund still left should be - appropriated to the benefit of the army." - -And so, as revealed in his "Narrative," he took the money, and -divided it among the troops. - -When my attention was called to this statement by one who had read -the "Narrative," I wrote to Colonel Anderson, referred to book and -page, and inquired what letters from me as there described he had -received. He responded: - - "I do not remember anything connected with the subject, except that - there was a payment of silver coin to the army at Greensboro, and I - have no papers which would afford information." - -My letter-book contains no such correspondence, but has a letter -which renders more than doubtful the assertion that I wrote others -such as described. The only letter found in my letter-book on the -subject of the funds in charge of Hendren is the following: - - "GREENSBORO, NORTH CAROLINA, _April 15, 1865._ - - "Mr. HENDREN, _C. S. Treasurer, Greensboro, North Carolina._ - - "SIR: You will report to General Beauregard with the treasure in your - possession, that he may give to it due protection as a military chest - to be moved with his army train. For further instructions you will - report to the Secretary of the Treasury. - - "JEFFERSON DAVIS. - - "Official: F. R. LUBBOCK, _Colonel and A. D. C._" - -From the above it will be seen that, while I exercised authority to -assign officers to their posts or places of duty, I assumed no -control over the public Treasury; but in that connection referred the -subordinate to his chief, the Secretary of the Treasury, by whom -alone could warrants be drawn against the public funds. How very -improbable, then, it is, that I wrote to have the money in the hands -of a treasurer sent to me personally! Yet this is what General -Johnston claims to have resisted, when without any lawful authority -he distributed the money himself. The second statement is: - - "As there was reason to suppose that the Confederate Executive had a - large sum in specie in its possession, I urged it earnestly, in - writing, to apply a part of it to the payment of the army. This - letter was intrusted to Lieutenant-Colonel Mason, who was instructed - to wait for an answer. Its receipt was acknowledged by telegraph, and - an answer promised. After waiting several days to no purpose. Colonel - Mason returned without one." - -Not recollecting to have met Colonel Mason at Charlotte, I wrote to -him, calling his attention to the statement, and asking what was the -fact. Not receiving a reply, I renewed the inquiry, but, though -considerable time has elapsed, he has not answered. It is quite -possible that I might have met the gentleman without recollecting it, -but not at all probable that I should have received such a letter and -have forgotten it. Such intrusion of advice as to what should be done -with the money in the Treasury, and the speculative opinion as to the -amount there, I must suppose would have been very promptly rejected -if it had been presented to me. For years there had been irregularity -and delay in the payment of the troops, and surely no one regretted -it more than myself, or had for years tried more sedulously to -correct it; but, expecting the army to continue in the field, it was -indispensable to have the means of obtaining the necessary supplies -for it. - -The Secretary of the Treasury, Mr. Trenholm, was ill before we -reached Charlotte, and quite so during our stay there, but he knew -there was not a large sum of specie in the Treasury, and with -patriotic desire had been using it to supply the troops after -Confederate money became unavailable for purchases. He did not -contemplate the abandonment of our cause, and it would not have taken -him a minute to answer that more than all the money he had would be -needed in future military operations. - -On the 26th, the day on which the armistice terminated, General -Johnston again met General Sherman, who offered the same terms which -had been made with General Lee, and he says, "General Johnston, -without hesitation, agreed to, and we executed the following," which -was the surrender of General Johnston's troops, with the condition of -their being paroled and the officers being permitted to retain their -side-arms, private horses, and baggage. - -It is true that these were the terms accepted by Lee, but the -condition of the two armies was very different. Lee's supplies had -been cut off, his men were exhausted by fatigue and hunger; he had no -reënforcements in view; notwithstanding the immense superiority in -numbers and equipments of the enemy pursuing, he had from point to -point fought them in rear and on both flanks, and had, the day before -his line of retreat was closed, rejected the demand for surrender, -and only yielded to it after his starving little army had been -surrounded by masses through which he tried to, but could not, cut -his way. - -Johnston's line of retreat was open, and supplies had been placed -upon it. His cavalry was superior to that of the enemy, as had been -proved in every conflict between them. Maury and Forrest and Taylor -still had armies in the field--not large, but strong enough to have -collected around them the men who had left Johnston's army and gone -to their homes to escape a surrender, as well as those who under -similar circumstances had left Lee. The show of continued resistance, -I then believed, as I still do, would have overcome the depression -which was spreading like a starless night over the country, and that -the exhibition of a determination not to leave our political future -at the mercy of an enemy which had for four years been striving to -subjugate the States would have led the United States authorities to -do, as Mr. Lincoln had indicated--give any terms which might be -found necessary speedily to terminate the existing war. - -Those who look back upon the period when the States were treated as -subject provinces, and the Congress left to legislate at its will-- -when a war professedly waged to bring the seceding States back to the -Union, with all the rights and privileges guaranteed by the -Constitution, was followed by the utter disregard of those rights, -and the miscalled peace was a state of vindictive hostility--will -probably think continued war was not the greatest of evils. - -I quote again from the "Memoirs" of Sherman, vol. ii, p. 349. -Referring to the first interview, he writes: - - "I then told Johnston that he must be convinced that he could not - oppose my army, and that, since Lee had surrendered, he could do the - same with honor and propriety. He plainly and repeatedly admitted - this, and added that any further fighting would be '_murder_'; but he - thought that, instead of surrendering piecemeal, we might arrange - terms that would embrace _all_ the Confederate armies." - -Sherman further writes that he told Johnston that the terms given to -General Lee's army were most generous and liberal, which he states -Johnston "admitted, but always recurred to the idea of a universal -surrender, embracing his own army, that of Dick Taylor, in Louisiana -and Texas, and of Maury, Forrest, and others, in Alabama and -Georgia." Considering the character of the authority cited, and the -extraordinary proposition to provide for a universal surrender by a -district commander, it may be well supposed to require confirmation. -I therefore quote from General Richard Taylor, "Destruction and -Reconstruction," page 224: - - "Intelligence of the Johnston-Sherman convention reached us, and - Canby and I were requested by the officers making it to conform to - its terms until the civil authorities acted." - -The advice may have been well enough, but, as there was an -established channel of communication, and an order of responsibility -necessary for effective coöperation in the public service, something -more than courtesy required that the Executive should have been -advised if not consulted. I had left Charlotte with no other sure -reliance against any cavalry movement of the enemy than the force -which was with me; that, however, I believed to be sufficient for any -probable exigency, if the reënforcements hoped for should not join us -on the way. We proceeded at easy stages; some of the command thought -we went too slow. After making two halts of about half a day each, we -reached the Savannah River. I crossed early in the morning of the 4th -of May, with a company, which had been detailed as my escort, and -rode some miles to a farmhouse, where I halted to get breakfast and -have our horses fed. Here I learned that a regiment of the enemy were -moving upon Washington, Georgia, which was one of our depots of -supplies, and I sent back a courier with a pencil-note addressed to -General Vaughn, or the officer commanding the advance, requesting him -to come on and join me immediately. After waiting a considerable -time, I determined to move on with my escort, trusting that the -others would overtake us, and that, if not, we should arrive in -Washington in time to rally the citizens to its defense. When I -reached there, scouts were sent out on the different roads, and my -conclusion was that we had had a false alarm. The Secretary of State, -Mr. Benjamin, being unaccustomed to traveling on horseback, parted -from me, at the house where we stopped to breakfast, to take another -mode of conveyance and a different route from that which I was -pursuing, with intent to rejoin me in the trans-Mississippi -Department. At Washington, the Secretary of the Navy, Mr. Mallory, -left me temporarily to attend to the needs of his family. The -Secretary of War, Mr. Breckinridge, had remained with the cavalry at -the crossing of the Savannah River. During the night after my arrival -in Washington, he sent in an application for authority to draw from -the treasure, under the protection of the troops, enough to make to -them a partial payment. I authorized the acting Secretary of the -Treasury to meet the requisition by the use of the silver coin in the -train. When the next day passed without the troops coming forward, I -sent a note to the Secretary of War, showing the impolicy of my -longer delay, having there heard that General Upton had passed within -a few miles of the town on his way to Augusta to receive the -surrender of the garrison and military material at that place, in -conformity with orders issued by General Johnston. This was my first -positive information of his surrender. Not receiving an immediate -reply to the note addressed to the Secretary of War, General -Breckinridge, I spoke to Captain Campbell, of Kentucky, commanding my -escort, explained to him the condition of affairs, and telling him -that his company was not strong enough to fight, and too large to -pass without observation, asked him to inquire if there were ten men -who would volunteer to go with me without question wherever I should -choose. He brought back for answer that the whole company volunteered -on the terms proposed. Gratifying as this manifestation was, I felt -it would expose them to unnecessary hazard to accept the offer, and -told him, in any manner he might think best, to form a party of ten -men. With these. Captain Campbell, Lieutenant Barnwell, of South -Carolina, Colonels F. E. Lubbock, John Taylor Wood, and William -Preston Johnston, of my personal staff, I left Washington. Secretary -Reagan remained for a short time to transfer the treasure in his -hands, except a few thousand dollars, and then rejoined me on the -road. This transfer of the treasure was made to Mr. Semple, a bonded -officer of the navy, and his assistant, Mr. Tidball, with -instructions, as soon as it could be safely done, to transport it -abroad and deliver it to the commercial house which had acted as the -financial agent of the Confederate Government, and was reported to -have incurred liabilities on its account. - -Mr. Reagan overtook me in a few hours, but I saw no more of General -Breckinridge, and learned subsequently that he was following our -route, with a view to overtake me, when he heard of my capture, and, -turning to the east, reached the Florida coast unmolested. On the way -he met J. Taylor Wood, and, in an open boat, they crossed the straits -to the West Indies. No report reached me at that time, or until long -afterward, in regard to the cavalry command left at the Savannah -River; then it was to the effect that paroled men from Johnston's -army brought news of its surrender, and that the condition of -returning home and remaining unmolested embraced all the men of the -department who would give their parole, and that this had exercised a -great influence over the troops, inclining them to accept those -terms. Had General Johnston obeyed the order sent to him from -Charlotte, and moved on the route selected by himself, with all his -cavalry, so much of the infantry as could be mounted, and the light -artillery, he could not have been successfully pursued by General -Sherman. His force, united to that I had assembled at Charlotte, -would, it was believed, have been sufficient to vanquish any troops -which the enemy had between us and the Mississippi River. - -Had the cavalry with which I left Charlotte been associated with a -force large enough to inspire hope for the future, instead of being -discouraged by the surrender in their rear, it would probably have -gone on, and, when united with the forces of Maury, Forrest, and -Taylor, in Alabama and Mississippi, have constituted an army large -enough to attract stragglers, and revive the drooping spirits of the -country. In the worst view of the case it should have been able to -cross the trans-Mississippi Department, and there uniting with the -armies of E. K. Smith and Magruder to form an army, which in the -portion of that country abounding in supplies, and deficient in -rivers and railroads, could have continued the war until our enemy, -foiled in the purpose of subjugation, should, in accordance with his -repeated declaration, have agreed, on the basis of a return to the -Union, to acknowledge the Constitutional rights of the States, and by -a convention, or _quasi_-treaty, to guarantee security of person and -property. To this hope I persistently clung, and, if our independence -could not be achieved, so much, at least, I trusted might be gained. - -Those who have endured the horrors of "reconstruction," who have, -under "carpet-bag rule," borne insult, robbery, and imprisonment -without legal warrant, can appreciate the value which would have -attached to such limited measure of success. - -When I left Washington, Georgia, with the small party which has been -enumerated, my object was to go to the south far enough to pass below -the points reported to be occupied by Federal troops, and then turn -to the west, cross the Chattahoochee, and then go on to meet the -forces still supposed to be in the field in Alabama. If, as now -seemed probable, there should be no prospect of a successful -resistance east of the Mississippi, I intended then to cross to the -trans-Mississippi Department, where I believed Generals E. K. Smith -and Magruder would continue to uphold our cause. That I was not -mistaken in the character of these men, I extract from the order -issued by General E. K. Smith to the soldiers of the trans-Mississippi -Army on the 21st of April, 1865: - - "Great disasters have overtaken us. The Army of Northern Virginia and - our General-in-Chief are prisoners of war. With you rest the hopes of - our nation, and upon you depends the fate of our people. . . . Prove - to the world that your hearts have not failed in the hour of - disaster. . . . Stand by your colors--maintain your discipline. The - great resources of this department, its vast extent, the numbers, the - discipline, and the efficiency of the army, will secure to our - country terms that a proud people can with honor accept." - -General Magruder, with like heroic determination, invoked the troops -and people of Texas not to despond, and pointed out their ability in -the interior of that vast State to carry on the war indefinitely. - -General D. H. Maury, after his memorable defense of Mobile, withdrew -his forces on the 12th of April, at the last moment, and moved toward -Meridian. Commodore Farrand, commanding our navy at Mobile Bay, -withdrew his armed vessels and steamers up the Tombigbee River, and -planted torpedoes in the Alabama below. Forrest and Maury had about -eight thousand men, but these were veterans, tried in many hard -engagements, and trained to the highest state of efficiency. Before -Maury withdrew from Mobile, news had been received of Lee's -surrender. Taylor says the news was soon disseminated through his -army, but that the men remained steadfast, and manifested a -determination to maintain the honor of our aims to the last. On pages -224 and 225 of his book, he gives an account of the intelligence -received of the Johnston-Sherman convention of the 18th of April, and -of the meeting between Canby and himself to arrange terms for his -army, and an agreement that there should be an armistice; but he -says, two days after that meeting, news was received of Johnston's -surrender, and the capture of President Davis. The latter was untrue, -and he does not say who communicated it, but that he was at the same -time notified that the Johnston-Sherman convention had been disavowed -by the United States Government, and notice given for the termination -of the armistice. Under these circumstances he asked General Canby to -meet him again, and on the 8th of May, two days before I was actually -captured, but which he supposed had already occurred, he agreed with -Canby on terms for the surrender of the land and naval forces in -Mississippi and Alabama. These terms were similar to those made -between Johnston and Sherman; the mounted men were to retain their -horses, being their private property. - -On the 26th of May, the chief of staff of General E. Kirby Smith, and -the chief of staff of General Canby, at Baton Rouge, arranged similar -terms for the surrender of the troops in the trans-Mississippi -Department. On May 11th, after the last army east of the Mississippi -had surrendered, but before Kirby Smith had entered into terms, the -enemy sent an expedition from the Brazos Santiago against a little -Confederate encampment some fifteen miles above. The camp was -captured and burned, but, in the zeal to secure the fruits of -victory, they remained so long collecting the plunder, that General -J. E. Slaughter heard of the expedition, moved against it, and drove -it back with considerable loss, sustaining very little injury to his -command. This was, I believe, the last armed conflict of the war, -and, though very small in comparison to its great battles, it -deserves notice as having closed the long struggle--as it opened-- -with a Confederate victory. - -The total number of prisoners paroled at Greensboro, North Carolina, -as reported by General Schofield, was 36,817; in Georgia and Florida, -as reported by General Wilson, 52,543; aggregate surrender under the -capitulation of General J. E. Johnston, 89,270.[125] How many of this -last number were men who left General Johnston's army to avoid the -surrender, or were on detached service from the armies of Virginia -and North Carolina, I have no means of ascertaining. - -The total number in the Department of Alabama and Mississippi paroled -by General Canby, under agreement with General Richard Taylor, of the -8th of May, 1865, as reported, was 42,293,[126] to which may be added -of the navy a small force--less than 150. The number surrendered by -General E. Kirby Smith, commanding the trans-Mississippi Department, -as reported, was 17,686.[127] To this small dimension had General -Smith's army been reduced when he accepted the terms to which a -reference has already been made. This reduction resulted from various -causes, but it is believed was mainly due to the reluctance of a -large part of his army to accept a parole, preferring to take -whatever hazard belonged to absenting themselves without leave and -continuing their character of belligerents. A few, but so far as I -know very few, even went to the extent of expatriating themselves, -and joined Maximilian in Mexico. Against no one as much as myself did -the hostility of our victorious enemy manifest itself, but I was -never willing to seek the remedy of exile, and always advised those -who consulted me against that resort. The mass of our people could -not go; the few who were able to do so were most needed to sustain -the others in the hour of a common adversity. The example of Ireland -after the Treaty of Limerick, and of Canada after its conquest by -Great Britain, were instructive as to the duty of the influential men -to remain and share the burden of a common disaster. - -With General E. K. Smith's surrender the Confederate flag no longer -floated on the land; but one gallant sailor still unfurled it on the -Pacific. Captain Waddell, commanding the Confederate cruiser -Shenandoah, swept the ocean from Australia nearly to Behring's -Straits, making many captures in the Okhobak Sea and Arctic Ocean. In -August, 1865, he learned from the captain of a British ship that the -Confederacy, as an independent Government, had ceased to exist. With -the fall of his Government his right to cruise was of course -terminated; he therefore sailed for the coast of England, entered the -Mersey, and on November 6, 1865, and in due form, surrendered his -vessel to the British Government. She was accepted and subsequently -transferred to the United States. - -After leaving Washington in the manner and for the purpose heretofore -described, I overtook a commissary and quartermaster's train, having -public papers of value in charge, and, finding that they had no -experienced woodsman with it, I gave them four of the men of my small -party, and went on with the rest. On the second or third day after -leaving Washington, I heard that a band of marauders, supposed to be -stragglers and deserters from both armies, were in pursuit of my -family, whom I had not seen since they left Richmond, but of whom I -heard, at Washington, that they had gone with my private secretary -and seven paroled men, who generously offered their services as an -escort, to the Florida coast. Their route was to the east of that I -was pursuing, but I immediately changed direction and rode rapidly -across the country to overtake them. About nightfall the horses of my -escort gave out, but I pressed on with Secretary Reagan and my -personal staff. It was a bright moonlight night, and just before day, -as the moon was sinking below the tree-tops, I met a party of men in -the road, who answered my questions by saying they belonged to an -Alabama regiment; that they were coming from a village not far off, -on their way homeward. Upon inquiry being made, they told me they had -passed an encampment of wagons, with women and children, and asked me -if we belonged to that party. Upon being answered in the affirmative, -they took their leave. - -After a short time I was hailed by a voice which I recognized as that -of my private secretary, who informed me that the marauders had been -hanging around the camp, and that he and others were on post around -it, and were expecting an assault as soon as the moon went down. A -silly story had got abroad that it was a treasure-train, and the -_auri sacra fames_ had probably instigated these marauders, as it -subsequently stimulated General J. H. Wilson, to send out a large -cavalry force to capture the same train. For the protection of my -family I traveled with them two or three days, when, believing that -they had passed out of the region of marauders, I determined to leave -their encampment at nightfall, to execute my original purpose. My -horse and those of my party proper were saddled preparatory to a -start, when one of my staff, who had ridden into the neighboring -village, returned and told me that he had heard that a marauding -party intended to attack the camp that night. This decided me to wait -long enough to see whether there was any truth in the rumor, which I -supposed would be ascertained in a few hours. My horse remained -saddled and my pistols in the holsters, and I lay down, fully -dressed, to rest. Nothing occurred to rouse me until just before -dawn, when my coachman, a free colored man, who faithfully clung to -our fortunes, came and told me there was firing over the branch, just -behind our encampment. I stepped out of my wife's tent and saw some -horsemen, whom I immediately recognized as cavalry, deploying around -the encampment. I turned back and told my wife these were not the -expected marauders, but regular troopers. She implored me to leave -her at once. I hesitated, from unwillingness to do so, and lost a few -precious moments before yielding to her importunity. My horse and -arms were near the road on which I expected to leave, and down which -the cavalry approached; it was therefore impracticable to reach them. -I was compelled to start in the opposite direction. As it was quite -dark in the tent, I picked up what was supposed to be my "raglan," a -water-proof, light overcoat, without sleeves; it was subsequently -found to be my wife's, so very like my own as to be mistaken for it; -as I started, my wife thoughtfully threw over my head and shoulders a -shawl. I had gone perhaps fifteen or twenty yards when a trooper -galloped up and ordered me to halt and surrender, to which I gave a -defiant answer, and, dropping the shawl and raglan from my shoulders, -advanced toward him; he leveled his carbine at me, but I expected, if -he fired, he would miss me, and my intention was in that event to put -my hand under his foot, tumble him off on the other side, spring into -his saddle, and attempt to escape. My wife, who had been watching, -when she saw the soldier aim his carbine at me, ran forward and threw -her arms around me. Success depended on instantaneous action, and, -recognizing that the opportunity had been lost, I turned back, and, -the morning being damp and chilly, passed on to a fire beyond the -tent. Our pursuers had taken different roads, and approached our camp -from opposite directions; they encountered each other and commenced -firing, both supposing they had met our armed escort, and some -casualties resulted from their conflict with an imaginary body of -Confederate troops. During the confusion, while attention was -concentrated upon myself, except by those who were engaged in -pillage, one of my aides, Colonel J. Taylor Wood, with Lieutenant -Barnwell, walked off unobserved. His daring exploits on the sea had -made him, on the part of the Federal Government, an object of special -hostility, and rendered it quite proper that he should avail himself -of every possible means of escape. Colonel Pritchard went over to -their battle-field, and I did not see him for a long time, surely -more than an hour after my capture. He subsequently claimed credit, -in a conversation with me, for the forbearance shown by his men in -not shooting me when I refused to surrender. - -Wilson and others have uttered many falsehoods in regard to my -capture, which have been exposed in publications by persons there -present--by Secretary Reagan, by the members of my personal staff, -and by the colored coachman, Jim Jones, which must have been -convincing to all who were not given over to believe a lie. For this -reason I will postpone, to some other time and more appropriate -place, any further notice of the story and its variations, all the -spawn of a malignity that shames the civilization of the age. We -were, when prisoners, subjected to petty pillage, as described in the -publications referred to, and in others; and to annoyances such as -military _gentlemen_ never commit or permit. - -On our way to Macon we received the proclamation of President Andrew -Johnson offering a reward for my apprehension as an accomplice in the -assassination of the late President A. Lincoln. Some troops by the -wayside had the proclamation, which was displayed with vociferous -demonstrations of exultation over my capture. When we arrived at -Macon I was conducted to the hotel where General Wilson had his -quarters. A strong guard was in front of the entrance, and, when I -got down to pass in, it opened ranks, facing inward, and presented -arms. - -A commodious room was assigned to myself and family. After a while -the steward of the hotel called and inquired whether I would dine -with General Wilson or have dinner served with myself and family in -my room. I chose the latter. After dinner I received a message from -General Wilson, asking whether he should wait upon me, or whether I -would call upon him. I rose and accompanied the messenger to General -Wilson's presence. We had met at West Point when he was a cadet, and -I a commissioner sent by the Congress to inquire into the affairs of -the Academy. After some conversation in regard to former times and -our common acquaintance, he referred to the proclamation offering a -reward for my capture. Taking it for granted that any significant -remark of mine would be reported to his Government, and fearing that -I might never have another opportunity to give my opinion to A. -Johnson, I told him there was one man in the United States who knew -that proclamation to be false. He remarked that my expression -indicated a particular person. I answered that I did, and the person -was the one who signed it, for he at least knew that I preferred -Lincoln to himself. Some other conversation then occurred in regard -to the route on which we were to be carried. Having several small -children, one of them an infant, I expressed a preference for the -easier route by water, supposing then, as he seemed to do, that I was -to go to Washington City. He manifested a courteous, obliging temper, -and, either by the authority with which he was invested or by -obtaining it from a higher power, my preference as to the route was -accorded. I told him that some of the men with me were on parole, and -that they all were riding their own horses--private property--that -I would be glad they should be permitted to retain them, and I have a -distinct recollection that he promised me it should be done; but I -have since learned that they were all deprived of their horses, and -some who were on parole, viz., Major Moran, Captain Moody, Lieutenant -Hathaway, Midshipman Howell, and Private Messec, who had not violated -their obligations of parole, but had been captured because they were -found voluntarily traveling with my family to protect them from -marauders, were sent with me as prisoners of war, and all -incarcerated, in disregard of the protection promised when they -surrendered. At Augusta we were put on a steamer, and there met -Vice-President Stephens; Hon. C. C. Clay, who had voluntarily -surrendered himself upon learning that he was included in the -proclamation for the arrest of certain persons charged with -complicity in the assassination of Mr. Lincoln; General Wheeler, the -distinguished cavalry officer, and his adjutant, General Ralls. My -private secretary, Burton N. Harrison, had refused to be left behind, -and, though they would not allow him to go in the carriage with me, -he was resolved to follow my fortunes, as well from sentiment as the -hope of being useful. His fidelity was rewarded by a long and -rigorous imprisonment. At Port Royal we were transferred to a -sea-going vessel, which, instead of being sent to Washington City, -was brought to anchor at Hampton Roads. One by one all my companions -in misfortune were sent away, we knew not whither, leaving on the -vessel only Mr. Clay and his wife and myself and family. After some -days' detention, Clay and myself were removed to Fortress Monroe, and -there incarcerated in separate cells. Not knowing that the Government -was at war with women and children, I asked that my family might be -permitted to leave the ship and go to Richmond or Washington City, or -to some place where they had acquaintances, but this was refused. I -then requested that they might be permitted to go abroad on one of -the vessels lying at the Roads. This was also denied; finally, I was -informed that they must return to Savannah on the vessel by which we -came. This was an old transport-ship, hardly seaworthy. My last -attempt was to get for them the privilege of stopping at Charleston, -where they had many personal friends. This also was refused--why, I -did not then know, have not learned since, and am unwilling to make a -supposition, as none could satisfactorily account for such an act of -inhumanity. My daily experience as a prisoner shed no softer light on -the transaction, but only served to intensify my extreme solicitude. -Bitter tears have been shed by the gentle, and stern reproaches have -been made by the magnanimous, on account of the needless torture to -which I was subjected, and the heavy fetters riveted upon me, while -in a stone casemate and surrounded by a strong guard; but all these -were less excruciating than the mental agony my captors were able to -inflict. It was long before I was permitted to hear from my wife and -children, and this, and things like this, was the power which -education added to savage cruelty; but I do not propose now and here -to enter upon the story of my imprisonment, or more than merely to -refer to other matters which concerns me personally, as distinct from -my connection with the Confederacy. - - -[Footnote 124: "Memoirs of General W. T. Sherman," vol. ii, pp. 346, -347.] - -[Footnote 125: "Memoirs of General W. T. Sherman," vol. ii, p. 370.] - -[Footnote 126: "Annual Cyclopaedia," 1865, p. 11.] - -[Footnote 127: Ibid.] - - - - -CHAPTER LV. - - Number of the Enemy's Forces in the War.--Number of the Enemy's - Troops from Maryland, Kentucky, Missouri, and Tennessee.--Cruel - Conduct of the War.--Statements in 1862.--Statements in 1863.-- - Emancipation Proclamation.--Statements in 1864.--General Hunter's - Proceedings near Lynchburg.--Cruelties in Sherman's March through - South Carolina. - - -On April 25th, at Raleigh, North Carolina, General J. E. Johnston -capitulated to General Sherman, as has been stated, and his army was -disbanded. On May 4th General B. Taylor capitulated with the last of -our forces east. - -The number of men brought into the field by the Government of the -United States during the war, according to the official returns in -the Adjutant-General's office, Washington, was 2,678,967. In addition -to these, 86,724 paid a commutation. - -The rapidity with which calls for men were made by that Government -during the last eighteen mouths of the war, and the number brought -into the field, were as follows: - - Men furnished - Calls of October 17, 1863, and February 1, 1864, for - 500,000 men for three years . . . . . . . . . . . . . . . 317,092 - Call of March 14, 1864, for 200,000 men for three years 259,515 - Militia for one hundred days, April to July, 1864 . . . . 83,612 - Call of July 18, 1864, for 500,000 men . . . . . . . . . 385,163[128] - Call of December 19, 1864, for 300,000 men . . . . . . . 211,752 - --------- - Total men furnished in eighteen months . . . . . . . . 1,257,134 - - -The number of men furnished on call of the United States Government, -previous to October 17, 1863, was as follows: - - Men furnished - Call of April 15, 1861, for 75,000 men for three months 91,816 - Call of May 3, 1861, for 500,000 men . . . . . . . . . . 700,680 - Men furnished in May and June, 1862, for three months . . 15,007 - Call of July 2, 1862, for 300,000 men for three years . . 421,465 - Call of August 4, 1862, for 300,000 militia for nine - months . . . . . . . . . . . . . . . . . . . . . . . . . 87,588 - Proclamation of June 15, 1863, for militia for six months 16,361 - Volunteers and militia at various times, of sixty days - to one year . . . . . . . . . . . . . . . . . . . . . . 13,760 - Volunteers and militia at various times for three years 75,156 - --------- - Total . . . . . . . . . . . . . . . . . . . . . . . . . 1,421,833 - - -The number of men furnished to the armies of the United States by the -States of Kentucky, Maryland, Missouri, and Tennessee, was as follows: - - States. Men furnished. - Kentucky . . . . . . . 70,760 equal to 70,832 three years' men. - Maryland . . . . . . . 46,638 " 41,275 " " " - Missouri . . . . . . . 109,111 " 86,530 " " " - Tennessee . . . . . . . 31,092 " 26,394 " " " - ------- ------- - Total . . . . . . . . 262,601 225,031 - - -The public debt of the Government of the United States on July 1, -1861, and on July 1, 1865 was as follows: - - Debt, July 1, 1861 . . . . . . . $90,867,828.68 - " July 1, 1865 . . . . . . . 2,682,593,026.53 - ---------------- - Increase in four years . . . . . $2,591,725,197.85 - -Of the manner in which our adversaries conducted the war I had -frequent occasion to remark. Those observations made at the time -present a more correct representation of facts than could be given in -more recent statements. In a message to Congress on August 15, 1862, -I said: - - "The perfidy which disregarded rights secured by compact, the madness - which trampled on obligations made sacred by every consideration of - honor, have been intensified by the malignancy engendered by defeat. - These passions have changed the character of the hostilities waged by - our enemies, who are becoming daily less regardful of the usages of - civilized war and the dictates of humanity. Rapine and wanton - destruction of private property, war upon non-combatants, murder of - captives, bloody threats to avenge the death of an invading soldiery - by the slaughter of unarmed citizens, orders of banishment against - peaceful farmers engaged in the cultivation of the soil, are some of - the means used by our ruthless invaders to enforce the submission of - a free people to a foreign sway. Confiscation bills, of a character - so atrocious as to insure, if executed, the utter ruin of the entire - population of these States, are passed by their Congress and approved - by their Executive. The moneyed obligations of the Confederate - Government are counterfeited by citizens of the United States, and - publicly advertised for sale in their cities, with a notoriety that - sufficiently attests the knowledge of their Government; and the - soldiers of the invading armies are found supplied with large - quantities of these forged notes as a means of despoiling the country - people by fraud out of such portions of their property as armed - violence may fail to reach. Two at least of the generals of the - United States are engaged, unchecked by their Government, in exciting - servile insurrection, and in arming and training slaves for warfare - against their masters, citizens of the Confederacy." - -Again, in January, 1863, I said, with regard to the conduct of the -war by our adversaries: - - "It is my painful duty again to inform you of the renewed examples of - every conceivable atrocity committed by the armed forces of the - United States at different points within the Confederacy, and which - must stamp indelible infamy, not only on the perpetrators, but on - their superiors, who, having the power to check these outrages on - humanity, numerous and well authenticated as they have been, have not - yet in a single instance, of which I am aware, inflicted punishment - on the wrong-doers. Since my last communication to you, one General - McNeil murdered seven prisoners of war in cold blood, and the demand - for his punishment has remained unsatisfied. The Government of the - United States, after promising examination and explanation in - relation to the charges made against General B. F. Butler, has, by - its subsequent silence, after repeated efforts on my part to obtain - some answer on the subject, not only admitted his guilt, but - sanctioned it by acquiescence. . . . Recently I have received - apparently authentic intelligence of another general by the name of - Milroy, who has issued orders in West Virginia for the payment of - money to him by the inhabitants, accompanied by the most savage - threats of shooting every recusant, besides burning his house, and - threatening similar atrocities against any of our citizens who shall - fail to betray their country by giving him prompt notice of the - approach of any of our forces. And this subject has also been - submitted to the superior military authorities of the United States, - with but faint hope that they will evince any disapprobation of the - act. - - "A proclamation, dated on January 1, 1863, signed and issued by the - President of the United States, orders and declares all slaves within - ten of the States of the Confederacy to be free, except such as are - found in certain districts now occupied in part by the armed forces - of the enemy. We may well leave it to the instinct of that common - humanity, which a beneficent Creator has implanted in the breasts of - our fellow-men of all countries, to pass judgment on a measure by - which several millions of human beings of an inferior race-- - peaceful, contented laborers in their sphere--are doomed to - extermination, while at the same time they are encouraged to a - general assassination of their masters by the insidious - recommendation 'to abstain from violence, unless in necessary - self-defense.'" - -The war, which in its inception was waged for forcing us back into -the Union, having failed to accomplish that purpose, passed into a -second stage, in which it was attempted to conquer and rule our -States as dependent provinces. Defeated in this design, our enemies -entered upon another, which could have no other purpose than revenge -and plunder of private property. In May, 1864, it was still -characterized by the barbarism with which it had been previously -conducted. Aged men, helpless women and children appealed in vain to -the humanity which should be inspired by their condition, for -immunity from arrest, incarceration, or banishment from their homes. -Plunder and devastation of the property of non-combatants, -destruction of private dwellings, and even of edifices devoted to the -worship of God, expeditions organized for the sole purpose of sacking -cities, consigning them to the flames, killing the unarmed -inhabitants, and inflicting horrible outrages on women and children, -were some of the constantly recurring atrocities of the invader. - -On June 19, 1864, Major-General Hunter began his retreat from before -Lynchburg down the Shenandoah Valley. Lieutenant-General Early, who -followed in pursuit, thus describes the destruction he witnessed -along the route: - - "Houses had been burned, and helpless women and children left without - shelter. The country had been stripped of provisions, and many - families left without a morsel to eat. Furniture and bedding had been - cut to pieces, and old men and women and children robbed of all the - clothing they had, except that on their backs. Ladies' trunks had - been rifled, and their dresses torn to pieces in mere wantonness. - Even the negro girls had lost their little finery. At Lexington he - had burned the Military Institute with all its contents, including - its library and scientific apparatus. Washington College had been - plundered, and the statue of Washington stolen. The residence of - ex-Governor Letcher at that place had been burned by orders, and but - a few minutes given Mrs. Letcher and her family to leave the house. - In the county a most excellent Christian gentleman, a Mr. Creigh, had - been hung, because, on a former occasion, he had killed a straggling - and marauding Federal soldier while in the act of insulting and - outraging the ladies of his family." [129] - -A letter dated Charleston, September 14, 1865, written by Rev. Dr. -John Bachman, then pastor of the Lutheran Church in that city, -presents many facts respecting the devastation and robberies by the -enemy in South Carolina. So much as relates to the march of Sherman's -army through parts of the State is here presented: - - "When Sherman's army came sweeping through Carolina, leaving a broad - track of desolation for hundreds of miles, whose steps were - accompanied with fire, and sword, and blood, reminding us of the - tender mercies of the Duke of Alva, I happened to be at Cash's Depot, - six miles from Cheraw. The owner was a widow, Mrs. Ellerbe, - seventy-one years of age. Her son, Colonel Cash, was absent. I - witnessed the barbarities inflicted on the aged, the widow, and young - and delicate females. Officers, high in command, were engaged tearing - from the ladies their watches, their ear and wedding rings, the - daguerreotypes of those they loved and cherished. A lady of delicacy - and refinement, a personal friend, was compelled to strip before - them, that they might find concealed watches and other valuables - under her dress. A system of torture was practiced toward the weak, - unarmed, and defenseless, which, as far as I know and believe, was - universal throughout the whole course of that invading army. Before - they arrived at a plantation, they inquired the names of the most - faithful and trustworthy family servants; these were immediately - seized, pistols were presented at their heads; with the most terrific - curses, they were threatened to be shot if they did not assist them - in finding buried treasures. If this did not succeed, they were tied - up and cruelly beaten. Several poor creatures died under the - infliction. The last resort was that of hanging, and the officers and - men of the triumphant army of General Sherman were engaged in - erecting gallows and hanging up these faithful and devoted servants. - They were strung up until life was nearly extinct, when they were let - down, suffered to rest awhile, then threatened and hung up again. It - is not surprising that some should have been left hanging so long - that they were taken down dead. Coolly and deliberately these - hardened men proceeded on their way, as if they had perpetrated no - crime, and as if the God of heaven would not pursue them with his - vengeance. But it was not alone the poor blacks (to whom they - professed to come as liberators) that were thus subjected to torture - and death. Gentlemen of high character, pure and honorable and - gray-headed, unconnected with the military, were dragged from their - fields or their beds, and subjected to this process of threats, - beating, and hanging. Along the whole track of Sherman's army, traces - remain of the cruelty and inhumanity practiced on the aged and the - defenseless. Some of those who were hung up died under the rope, - while their cruel murderers have not only been left unreproached and - unhung, but have been hailed as heroes and patriots. The list of - those martyrs whom the cupidity of the officers and men of Sherman's - army sacrificed to their thirst for gold and silver, is large and - most revolting. If the editors of this paper will give their consent - to publish it, I will give it in full, attested by the names of the - purest and best men and women of our Southern land. - - "I, who have been a witness to these acts of barbarity that are - revolting to every feeling of humanity and mercy, was doomed to feel - in my own person the effects of the avarice, cruelty, and despotism - which characterized the men of that army. I was the only male - guardian of the refined and delicate females who had fled there for - shelter and protection. I soon ascertained the plan that was adopted - in this wholesale system of plunder, insult, blasphemy, and - brutality. The first party that came was headed by officers, from a - colonel to a lieutenant, who acted with seeming politeness, and told - me that they only came to secure our firearms, and when these were - delivered up nothing in the house should be touched. Out of the - house, they said, they were authorized to press forage for their - large army. I told them that along the whole line of the march of - Sherman's army, from Columbia to Cheraw, it had been ascertained that - ladies had been robbed and personally insulted. I asked for a guard - to protect the females. They said that there was no necessity for - this, as the men dare not act contrary to orders. If any did not - treat the ladies with proper respect, I might blow their brains out. - 'But,' said I, 'you have taken away our arms, and we are - defenseless.' They did not blush much, and made no reply. Shortly - after this came the second party, before the first had left. They - demanded the keys of the ladies' drawers, took away such articles as - they wanted, then locked the drawers and put the keys in their - pockets. In the mean time, they gathered up the spoons, knives, - forks, towels, table-cloths, etc. As they were carrying them off, I - appealed to the officers of the first party; they ordered the men to - put back the things; the officer of the second party said he would - see them d----d first; and, without further ado, packed them up, and - they glanced at each other and smiled. The elegant carriage and all - the vehicles on the premises were seized and filled with bacon and - other plunder. The smokehouses were emptied of their contents and - carried off. Every head of poultry was seized and flung over their - mules, and they presented the hideous picture in some of the scenes - in 'Forty Thieves.' Every article of harness they did not wish was - cut in pieces. - - "By this time the first and second parties had left, and a third - appeared on the field. They demanded the keys of the drawers, and, - on being informed that they had been carried off, coolly and - deliberately proceeded to break open the locks, took what they - wanted, and when we uttered words of complaint were cursed. Every - horse, mule, and carriage, even to the carts, was taken away, and, - for hundreds of miles, the last animal that cultivated the widow's - corn-field, and the vehicles that once bore them to the house of - worship, were carried off or broken into pieces and burned. - - "The first party that came promised to leave ten days' provisions, - the rest they carried off. An hour afterward, other hordes of - marauders from the same army came and demanded the last pound of - bacon and the last quart of meal. On Sunday, the negroes were dressed - in their best suits. They were kicked, and knocked down and robbed of - all their clothing, and they came to us in their shirtsleeves, having - lost their hats, clothes, and shoes. Most of our own clothes had been - hid in the woods. The negroes who had assisted in removing them were - beaten and threatened with death, and compelled to show them where - they were concealed. They cut open the trunks, threw my manuscripts - and devotional books into a mud-hole, stole the ladies' jewelry, hair - ornaments, etc., tore many garments into tatters, or gave the rest to - the negro women to bribe them into criminal intercourse. These women - afterward returned to us those articles that, after the mutilations, - were scarcely worth preserving. The plantation, of one hundred and - sixty negroes, was some distance from the house, and to this place - successive parties of fifty at a time resorted for three long days - and nights, the husbands and fathers being fired at and compelled to - fly to the woods. - - "Now commenced scenes of licentiousness, brutality, and ravishment - that have scarcely had an equal in the ages of heathen barbarity, I - conversed with aged men and women, who were witnesses of these - infamous acts of Sherman's unbridled soldiery, and several of them, - from the cruel treatment they had received, were confined to their - beds for weeks afterward. The time will come when the judgment of - Heaven will await these libidinous, beastly barbarians. During this - time, the fourth party, whom, I was informed by others, we had the - most reason to dread, had made their appearance. They came, as they - said, in the name of the great General Sherman, who was next to God - Almighty. They came to burn and lay in ashes all that was left. They - had burned bridges and depots, cotton-gins, mills, barns, and - stables. They swore they would make the d---d rebel women pound - their corn with rocks, and eat their raw meal without cooking. They - succeeded in thousands of instances. I walked out at night, and the - innumerable fires that were burning as far as the eye could reach, in - hundreds of places, illuminated the whole heavens, and testified to - the vindictive barbarity of the foe. I presume they had orders not to - burn occupied houses, but they strove all in their power to compel - families to fly from their houses that they might afterward burn - them. The neighborhood was filled with refugees who had been - compelled to fly from their plantations on the seaboard. As soon as - they had fled, the torch was applied, and, for hundreds of miles, - those elegant mansions, once the ornament and pride of our inland - country, were burned to the ground. - - "All manner of expedients were now adopted to make the residents - leave their homes for the second time. I heard them saying, 'This is - too large a house to be left standing, we must contrive to burn it.' - Canisters of powder were placed all around the house, and an - expedient resorted to that promised almost certain success. The house - was to be burned down by firing the outbuildings. These were so near - each other that the firing of the one would lead to the destruction - of all. I had already succeeded in having a few bales of cotton - rolled out of the building, and hoped, if they had to be burned, the - rest would also be rolled out, which could have been done in ten - minutes by several hundred men who were looking on, gloating over the - prospect of another elegant mansion in South Carolina being left in - ashes. The torch was applied, and soon the large storehouse was on - fire. This communicated to several other buildings in the vicinity, - which, one by one, were burned to the ground. At length the fire - reached the smoke-house, where they had already carried off the bacon - of two hundred and fifty hogs. This was burned, and the fire was now - rapidly approaching the kitchen, which was so near the dwelling-house - that, should the former burn, the destruction of the large and noble - edifice would be inevitable. - - "A captain of the United States service, a native of England, whose - name I would like to mention here, if I did not fear to bring down - upon him the censure of the abolitionists as a friend to the rebels, - mounted the roof, and the wet blankets we sent up to him prevented - the now smoking roof from bursting into flames. I called for help to - assist us in procuring water from a deep well; a young lieutenant - stepped up, condemned the infamous conduct of the burners, and called - on his company for aid; a portion of them came cheerfully to our - assistance; the wind seemed almost by a miracle to subside; the house - was saved, and the trembling females thanked God for their - deliverance. All this time, about one hundred mounted men were - looking on, refusing to raise a hand to help us; laughing at the idea - that no efforts of ours could save the house from the flames. - - "My trials, however, were not yet over, I had already suffered much - in a pecuniary point of view. I had been collecting a library on - natural history during a long life. The most valuable of these books - had been presented by various societies in England, France, Germany, - Russia, etc., who had honored me with membership, and they or the - authors presented me with these works, which had never been for sale, - and could not be purchased. My herbarium, the labor of myself and the - ladies of my house for many years, was also among these books. I had - left them as a legacy to the library of the Newbury College, and - concluded to send them at once. They were detained in Columbia, and - there the torch was applied, and all were burned. The stealing and - burning of books appear to be one of the programmes on which the army - acted, I had assisted in laying the foundation and dedicating the - Lutheran Church at Columbia, and there, near its walls, had recently - been laid the remains of one who was dearer to me than life itself. - To set that brick church on fire from below was impossible. The - building stood by itself on a square but little built up. One of - Sherman's burners was sent up to the roof. He was seen applying the - torch to the cupola. The church was burned to the ground, and the - grave of my loved one desecrated. The story circulated, that the - citizens had set their own city on fire, is utterly untrue, and only - reflects dishonor on those who vilely perpetrated it. General Sherman - had his army under control. The burning was by his orders, and ceased - when he gave the command. - - "I was now doomed to experience in person the effects of avarice and - barbarous cruelty. The robbers had been informed in the neighborhood - that the family which I was protecting had buried one hundred - thousand dollars in gold and silver. They first demanded my watch, - which I had effectually secured from their grasp. They then asked me - where the money had been hid. I told them I knew nothing about it, - and did not believe there was a thousand dollars worth in all, and - what there was had been carried off by the owner, Colonel Cash. All - this was literally true. They then concluded to try an experiment on - me which had proved so successful in hundreds of other instances. - Coolly and deliberately they prepared to inflict torture on a - defenseless, gray-headed old man. They carried me behind a stable, - and once again demanded where the money was buried, or 'I should be - sent to hell in five minutes.' They cocked their pistols and held - them to my head. I told them to fire away. One of them, a - square-built, broad-faced, large-mouthed, clumsy lieutenant, who had - the face of a demon, and who did not utter five words without an - awful blasphemy, now kicked me in the stomach until I fell breathless - and prostrate. As soon as I was able, I rose again. He once more - asked me where the silver was. I answered as before, 'I do not know.' - With his heavy, elephant foot he now kicked me on my back until I - fell again. Once more I arose, and he put the same question to me. I - was nearly breathless, but answered as before. Thus was I either - kicked or knocked down seven or eight times. I then told him it was - perfectly useless for him to continue his threats or his blows. He - might shoot me if he chose. I was ready and would not budge an inch, - but requested him not to bruise and batter an unarmed, defenseless - old man. 'Now,' said he, 'I'll try a new plan. How would you like to - have both your arms cut off?' He did not wait for an answer, but, - with his heavy sheathed sword, struck me on my left arm, near the - shoulder. I heard it crack; it hung powerless by my side, and I - supposed it was broken. He then repeated the blow on the other arm. - The pain was most excruciating, and it was several days before I - could carve my food or take my arm out of a sling, and it was black - and blue for weeks. (I refer to Dr. Kollock, of Cheraw.) At that - moment the ladies, headed by my daughter, who had only then been made - aware of the brutality practiced upon me, rushed from the house, and - came flying to my rescue. 'You dare not murder my father,' said my - child; 'he has been a minister in the same church for fifty years, - and God has always protected, and will protect him.' 'Do you believe - in a God, miss?' said one of the brutal wretches; 'I don't believe in - a God, a heaven, nor a hell.' 'Carry me,' said I, 'to your General.' - I did not intend to go to General Sherman, who was at Cheraw, from - whom, I was informed, no redress could be obtained, but to a general - in the neighborhood, said to be a religious man. Our horses and - carriages had all been taken away, and I was too much bruised to be - able to walk. The other young officers came crowding around me very - officiously, telling me that they would represent the case to the - General, and that they would have him shot by ten o'clock the next - morning. I saw the winks and glances that were interchanged between - them. Every one gave a different name to the officers. The brute - remained unpunished, as I saw him on the following morning, as - insolent and as profane as he had been on the preceding day. - - "As yet, no punishment had fallen on the brutal hyena, and I strove - to nurse my bruised body and heal my wounds, and forget the insults - and injuries of the past. A few weeks after this I was sent for to - perform a parochial duty at Mars Bluff, some twenty miles distant. - Arriving at Florence in the vicinity, I was met by a crowd of young - men connected with the militia. They were excited to the highest - pitch of rage, and thirsted for revenge. They believed that among the - prisoners that had just arrived on the railroad-car, on their way to - Sumter, were the very men who committed such horrible outrages in the - neighborhood. Many of their houses had been laid in ashes. They had - been robbed of every means of support. Their horses had been seized; - their cattle and hogs bayoneted; their mothers and sisters had been - insulted, and robbed of their watches, ear and wedding rings. Some of - their parents had been murdered in cold blood. The aged pastor, to - whose voice they had so often listened, had been kicked and knocked - down by repeated blows, and his hoary head had been dragged about in - the sand. They entreated me to examine the prisoners and see whether - I could identify the men that had inflicted such barbarities on me. I - told them I would do so, provided they would remain where they were - and not follow me. The prisoners saw me at a distance, held down - their guilty heads, and trembled like aspen-leaves. All cruel men are - cowards. One of my arms was still in a sling. With the other I raised - some of their hats. They all begged for mercy. I said to them, 'The - other day you were tigers--you are sheep now.' But a hideous object - soon arrested my attention. There sat my brutal enemy--, the vulgar, - swaggering lieutenant, who had ridden up to the steps of the house, - insulted the ladies, and beaten me most unmercifully. I approached - him slowly, and, in a whisper asked him: 'Do you know me, sir?--the - old man whose pockets you first searched, to see whether he might not - have a penknife to defend himself, and then kicked and knocked him - down with your fist and heavy scabbard?' He presented the picture of - an arrant coward, and in a trembling voice implored me to have mercy: - 'Don't let me be shot; have pity! Old man, beg for me! I won't do it - again! For God's sake, save me! O God, help me!' 'Did you not tell my - daughter there was no God? Why call on him now?' 'Oh, I have changed - my mind; I believe in a God now.' I turned and saw the impatient, - flushed, and indignant crowd approaching. 'What are they going to do - with me?' said he. 'Do you hear that sound--click, click?' 'Yes,' - said he, 'they are cocking their pistols.' 'True,' said I; 'and if I - raise a finger you will have a dozen bullets through your brain.' - 'Then I will go to hell; don't let them kill me. O Lord, have mercy!' - Speak low,' said I, 'and don't open your lips.' The men advanced. - Already one had pulled me by the coat. 'Show us the men.' I gave no - clew by which the guilty could be identified. I walked slowly through - the car, sprang into the waiting carriage, and drove off." - - -[Footnote 128: Reduced by excess on previous calls.] - -[Footnote 129: "Memoir of the Last Year of the War," by Lieutenant-General -Early.] - - - - -CHAPTER LVI. - - Final Subjugation of the Confederate States.--Result of the - Contest.--A Simple Process of Restoration.--Rejected by the United - States Government.--A Forced Union.--The President's Proclamation - examined.--The Guarantee, not to destroy.--Provisional Governors.-- - Their Duties.--Voters.--First Movement made in Virginia.-- - Government set up.--Proceedings.--Action of So-called - Legislature.--Constitutional Amendment.--Case of Dr. Watson.-- - Civil Rights Bill.--Storm brewing.--Congress refuses to admit - Senators and Representatives to Seats.--Committee on - "Reconstruction."--Freedmen's Bureau.--Report of Committee.-- - Fourteenth Amendment to the Constitution.--Extent of Ratification.-- - Another Step taken by Congress.--Military Commanders appointed over - Confederate States, with Unlimited Powers.--Reconstruction by the - Bayonet.--Course of Proceedings required.--Two Governments for Each - State.--Major-Generals appointed.--Further Acts of Congress.-- - Proceedings commenced by the Major-General at Richmond.--Civil - Governor appointed.--Military Districts and Sub-districts.-- - Registration.--So-called State Convention.--So-called - Legislature.--Its Action.--Measures required by Congress for the - Enfranchisement of Negroes adopted by the So-called Legislature.-- - Assertion of Senator Garret Davis.--State represented in Congress. - - -When the Confederate soldiers laid down their arms and went home, all -hostilities against the power of the Government of the United States -ceased. The powers delegated in the compact of 1787 by these States, -i. e., by the people thereof, to a central organization to promote -their general welfare, had been used for their devastation and -subjugation. It was conceded, as the result of the contest, that the -United States Government was stronger in resources than the -Confederate Government, and that the Confederate States had not -achieved their independence. - -Nothing remained to be done but for the sovereigns, the people of -each State, to assert their authority and restore order. If the -principle of the sovereignty of the people, the cornerstone of all -our institutions, had survived and was still in force, it was -necessary only that the people of each State should reconsider their -ordinances of secession, and again recognize the Constitution of the -United States as the supreme law of the land. This simple process -would have placed the Union on its original basis, and have restored -that which had ceased to exist, the Union by consent. Unfortunately, -such was not the intention of the conqueror. The Union of free-wills -and brotherly hearts, under a compact ordained by the people, was not -his object. Henceforth there was to be established a Union of force. -Sovereignty was to pass from the people to the Government of the -United States, and to be upheld by those who had furnished the money -and the soldiers for the war. - -The first step required, therefore, in the process for the -reconstruction of the new and forced Union, was to prepare those who -had been the late champions of the sovereignty of the people to -become suitable subjects under the new sovereign. Standing -defenseless, stripped of their property, and exposed, as it was -asserted, to the penalties of insurrection on the one hand, and that -of treason on the other, the President of the United States, Mr. -Andrew Johnson, who, as Vice-President, became President after the -death of Mr. Lincoln, on May 29, 1865, thus addressed them: - - "To the end, therefore, that the authority of the Government of the - United States may be restored, and that peace, order, and freedom may - be reestablished, I, Andrew Johnson, President of the United States, - do proclaim and declare that I hereby grant to all persons who have - directly or indirectly participated in the existing rebellion, except - as hereinafter excepted, amnesty and pardon, with restoration of all - rights of property, except as to slaves, and except in cases where - legal proceedings under the laws of the United States providing for - the confiscation of property of persons engaged in the rebellion have - been instituted; but on the condition, nevertheless, that every such - person shall take and subscribe the following oath or affirmation, - and thenceforward keep and maintain said oath inviolate; and which - oath shall be registered for permanent preservation, and shall be of - the tenor and effect following, to wit: - - "I, ---- ----, do solemnly swear, or affirm, in presence of - Almighty God, that I will henceforth faithfully support and defend - the Constitution of the United States and the Union thereunder, and - that I will, in like manner, abide by and faithfully support all laws - and proclamations which have been made during the existing rebellion - with reference to the emancipation of slaves, so help me God." - -The permission to take this oath was withheld from large classes of -citizens. It will be seen that there are two stipulations in this -oath, the first faithfully to support the Constitution of the United -States and the Union thereunder. This comprises obedience to the laws -made in conformity to the Constitution, and is all that is requisite -in the simple oath of allegiance of an American citizen. The second -stipulation is: - - "To abide by and faithfully support all laws and proclamations which - have been made during the existing rebellion with reference to the - emancipation of slaves." - -What need was thereof this second stipulation? Because the laws were -not enacted, nor the proclamation issued under any grant of power in -the Constitution or under its authority. Now, the exercise of a power -by Government, for which it has no constitutional authority, is not -only a usurpation, but it destroys the sanction of all written -instruments of government. Also, what has become of the unalienable -right of property, which all the State governments were created to -protect and preserve? Where was the sovereignty of the people under -these proceedings? Yet the Confederate citizen was required to bind -himself by an oath to abide by and faithfully support all these -usurpations; the alternative being to resist the Government, or to -aid and abet a violation of the Constitution. - -Meanwhile, each of the late Confederate States was occupied by a -military force of the Government of the United States, and military -orders were the supreme law; and that Government thereby proceeded to -establish a State organization based on the principle of its own -sovereignty. In the first place, the President of the United States -issued a proclamation in such terms as to be applicable to each of -the Confederate States wherever its affairs were in such process of -subjugation as to permit the commencement of the proposed -organization. This proclamation begins by setting forth four -propositions as the basis of his authority: First, the Constitution -declares that the United States shall guarantee to every State in the -Union a republican form of government, and protect each against -invasion and domestic violence. Second, the President is -Commander-in-Chief of the Army and Navy, as well as chief civil -executive officer, and bound to take care that the laws be faithfully -executed. Third, the rebellion, in its revolutionary progress, -deprived the people of all civil government. Fourth, it becomes -necessary and proper to enforce and carry out the obligations of the -United States to the people of the State in securing it in the -enjoyment of a republican form of government. Therefore, etc. - -These propositions call for a notice as well because of their fallacy -as their enormity. The third declares that the so-called rebellion, -in its progress, deprived the people of each Confederate State of all -civil government. There was a government over each Confederate State, -then existing and in full operation. It was, in all its internal -relations, the same government which existed when the State was a -member of the Union, whereby it was recognized by the Government of -the United States and by the other States as a lawful and republican -State government. It had been created by the free consent of the -people of the State, and they had defended it with their lives and -their fortunes. It had been denied by the Government of the United -States that any one of the Confederate States was a foreign state or -outside the Union by its secession. There was, therefore, neither in -law nor in fact, any foundation for the assertion that the so-called -rebellion had deprived the people of each Confederate State of all -civil government. - -Having thus stripped each Confederate State of all civil government, -it was asserted that the Constitution declares that the United States -shall guarantee to each State a republican form of government. But to -guarantee is not to create, to organize, or to bring into existence. -This can be done for a State government only by the free and -unconstrained action of the whole people of a State. The creation of -such a government is beyond the powers of the Government of the -United States, as has already been shown. After a republican -government has been instituted by the people, the Constitution -requires the United States to guarantee its existence, and thereby -forbids them or their Government to overthrow it and set up a -creature of its own. The duty to guarantee commands the preservation -of that which already exists. Such were the governments of the -Confederate States before the war and after the war. Thus the power -granted in the Constitution to preserve and guarantee State -governments was perverted to overthrow and destroy republican -governments, and to erect in their places military Governors, -Legislatures, and judicial tribunals. - -The third proposition is that the President is Commander in-Chief of -the Army and Navy and the chief civil executive. His troops already -occupied each of these States, and held the people in subjection. His -proclamation was therefore merely a military order from the hand of -the conqueror. Everything which he can do under such a character -partakes of the nature, simply and solely, of martial law. Therefore -he proceeds under the fourth proposition, wherein it "becomes -necessary and proper to carry out the obligations of the United -States to the people" of each Confederate State, "in securing them in -the enjoyment of a republican form of government." The American -people were now about to witness, on an extensive scale, the -tyrannical experiment of instituting republican governments by the -processes of martial law. They had declared it to be a self-evident -truth that it was "the right of the people to alter or to abolish it -[their government], and to institute a new government, laying its -foundation on such principles, and organizing its powers in such -form, as to them shall seem most likely to effect their safety and -happiness." [130] This principle of the sovereignty of the people was -now rejected, and the sovereignty of fleets and armies was -substituted. - -"Now, therefore," says the Commander-in-Chief of the Army and Navy, -and the chief civil executive officer of the United States, "in -obedience to the high and solemn duties imposed upon me by the -Constitution of the United States, and for the purpose of enabling -the loyal people of said State (or States) to organize a State -government, whereby justice may be established, domestic tranquillity -restored, and loyal citizens protected in all their rights of life, -liberty, and property, I do hereby appoint ---- ---- provisional -Governor of the State" It will be here noticed that all the -proceedings are undertaken for the sake of the "loyal" persons in the -State. Who is to decide what persons are "loyal"? He who issues the -military order--the President and his agent the provisional -Governor; and they naturally will decide those to be loyal who -support and obey their orders. The free assent and dissent which are -the basis of the validity of every political action under our system, -are unknown in this case. - -The duty of the provisional Governor is declared in the proclamation -to be, "to prescribe such rules and regulations as may be necessary -and proper for convening a convention composed of delegates to be -chosen by that portion of the people of the State who are 'loyal' to -the United States, and no others, for the purpose of altering and -amending the Constitution thereof." In the third of the four -propositions laid down as the basis of authority for the President's -proceedings, above mentioned, it is declared that the so-called -rebellion, "deprived the people of the State of all civil -government"; but here it is made the first duty of the provisional -Governor to procure a convention of "loyal" persons "to alter and -amend the Constitution" of the State. Thus it seems that there was a -State in existence, and a Constitution in full vigor, notwithstanding -the above declaration of the President to the contrary. This was that -Constitution of the State which was in force during that long and -peaceful period through which the Constitution of the United States -was observed, and constitutional laws enacted. Now it was to be -altered and amended from what the sovereign people of those days had -ordained it to be, at the command, and to conform to the views, of -another sovereign. The nature of those alterations and amendments -will be stated hereafter. - -This convention was to possess the authority to exercise all the -powers necessary "to restore the State to its constitutional -relations with the Federal Government." It was further provided that -no person should vote unless he had taken the amnesty oath mentioned -on a previous page, and was a qualified voter previous to the -secession of the State. The convention or the subsequent Legislature -was to prescribe the qualification of all voters afterward--"a -power," says the President, "the people of the several States -composing the Federal Union have rightfully exercised from the origin -of the Government to the present time." The proclamation then -continued: "And I do hereby direct: first, that the military -commander of the department and all officers and persons in the -military and naval service aid and assist the said provisional -government in carrying into effect this proclamation; and they are -enjoined to abstain from in any way hindering, impeding, or -discouraging 'loyal' people from the organization of a State -government as herein authorized." The proclamation closed with -instructions to the Secretary of each department of the Government to -proceed to put in operation his department within the limits of the -State. - -The first movement for the restoration of the Confederate States to -the Union under subjugation was commenced in Virginia. Richmond was -occupied by the forces of the United States Government, and the -authority of all State officers elected during the war was annulled. -Affairs remained in this position until May 9, 1865, when the -President of the United States issued an order declaring all the acts -and proceedings of the political, military, and civil organizations -in the State which had been in insurrection against the United States -to be null and void; and that all persons who should attempt to -exercise any authority as under the late State or Confederate -officers, should be deemed and taken as in rebellion, etc. At this -time Francis H. Pierpont, who had assumed to exercise the office of -Governor of Virginia over ten counties around Alexandria, was -recognized by the President as the true Governor of the State. He was -aided to remove the seat of his government from Alexandria to -Richmond, and there maintained by the military force. No hostile -opposition, however, was anywhere manifested, while at Alexandria -delegates from the ten counties had assembled in convention and -assumed to amend the State Constitution, and the little so-called -legislative body had undertaken to pass various acts of importance. -The so-called Governor, in presenting a summary of them, concluded by -saying, "Thus, State sovereignty--the _status_ of the African race-- -the armed resistance to the Government of the United States--are -disposed of." An election for a new Legislature and State officers -was held on October 12th. All were allowed to vote who had not held -office under the State government or the Confederacy during the war, -after they had taken the amnesty oath. The so-called Legislature -assembled and entered upon the regulation of all the affairs of the -State. A general act of vagrancy was passed, whereupon the -major-general in command issued an order "that no magistrate, civil -officer, or other person shall, in any way or manner, apply, or -attempt to apply, the provisions of the said statute to any colored -person in this department." At the municipal election in Richmond, -the Mayor, Attorney, and Superintendent of the Poor, elected, were -persons who had held office under the Confederate States. They were -not allowed by the military authority to qualify, and subsequently -declined. - -In 1865 the Congress of the United States passed an act which -provided that the following amendment to the Constitution should be -submitted to the Legislatures of the several States for ratification -or rejection: - - "SECTION 1. Neither slavery nor involuntary servitude, except as a - punishment for crime, whereof the party shall have been duly - convicted, shall exist within the United States, or any place subject - to its jurisdiction. - - "SECTION 2. Congress shall have full power to enforce this article by - appropriate legislation." - -One Dr. James L. Watson was tried for killing a negro in Rockbridge -County, and acquitted. Major-General Schofield, in command of the -military forces of the department, immediately ordered his arrest and -trial by a military commission. On the assembling of the commission a -writ of _habeas corpus_ was sued out of the Circuit Court of Richmond -in behalf of Watson, and served on the General. In his answer, he -declined compliance with the writ, saying: - - "Dr. Watson is held for trial by military commission, under the - authority of the act of Congress of July 16, 1866, which act directs - and requires the President, through the commissioner and officers of - the Freedmen's Bureau, to exercise military jurisdiction over all - cases and questions concerning the free enjoyment of the right to - have full and equal benefit of all laws and proceedings concerning - personal liberty, personal security, etc., by all citizens, without - respect to race or color, or previous condition of slavery, of the - States whose constitutional relations to the Government of the United - States have been discontinued by the rebellion, and have not been - restored." - -In the mean time, the United States Attorney-General having examined -the case, and reported that, in his opinion, the military commission -had not competent jurisdiction, the President thereupon directed that -the commission be dissolved and the prisoner discharged without delay. - -Meantime Congress had passed an act, known as the Civil Rights Bill, -and a case came before the Circuit Court, at Alexandria, in which one -of the parties offered to produce negro evidence. The Judge (Thomas) -ruled that, inasmuch as the State laws of Virginia forbade the -introduction of negro testimony in civil suits to which white men -alone were parties, the evidence of the negro was inadmissible; and -that Congressional legislation could not impair the right of the -States to decide what classes of persons were competent to testify in -her courts. - -A storm was now brewing which was soon to involve the President and -Congress in open conflict. The reader will remember that, during the -period in which these proceedings took place in Virginia, similar -ones occurred in all the remaining Confederate States. Not only in -Virginia, but in several of the other States, some persons had been -voted for as members of Congress, but in no case had they been -admitted to seats. This was one of the measures taken by Congress to -indicate its disapproval of the President's plan for the treatment of -the late Confederate States. - -The difficulties that now arose between the President and Congress -had reference entirely to the affairs of the Confederate States. The -plan of the President left the negroes to the care of the States -alone after the establishment of their emancipation. Congress desired -them to be made American citizens, secure in all the rights of -freemen and voters. The refusal to admit Senators and Representatives -to Congress from the Confederate States served to arrest the -operation of the President's plans to hold these States in abeyance. - -No compromise could be made between the two. Each appealed to the -Constitution, forgetful that each had sustained all its ruthless -violations during the last four years. Congress, therefore, commenced -an independent action, and in its reckless course sought, -unsuccessfully, to rid itself of the President by impeachment. Its -first act, at the commencement of the session, in December, 1865, was -the appointment, by a large majority in each House, of a joint -Committee of Fifteen, to which was referred all questions relating to -the conditions and manner in which Congress would recognize the late -Confederate States as members of the Union. Meantime the credentials -of all persons sent as Representatives and Senators from them were -laid upon the table in each House, there to remain until the final -action of the Committee of Fifteen. This was followed by the passage, -in February, 1866, of "an act to establish a bureau for the relief of -freedmen, refugees, and abandoned lands." It proposed to establish -military jurisdiction over all parts of the United States containing -refugees and freedmen. This bill was vetoed by the President, and -passed over his veto. - -In March an act was passed "to protect all persons in the United -States in their civil rights, and furnish the means of their -vindication." The first section declared all persons born in the -United States, and not subject to any foreign power, excluding -Indians not taxed, to be citizens of the United States, and -enumerates the rights to be enjoyed by those so declared to be -citizens. The second section affords discriminating protection to -colored persons in the full enjoyment of all the rights secured to -them by the preceding section. This bill was vetoed by the President, -and passed over his veto. - -On June 8, 1866, a majority and a minority report were made by the -Committee of Fifteen. Meanwhile, a report had been made from the same -committee, at a previous date, in the form of an amendment to the -Constitution, which was debated and amended in each House, and -finally passed by the requisite majority in each. Thus was to be -secured the political support and votes of the negroes, who were -expected to be the controlling citizens of the late Confederate -States. - -The amendment to the Constitution was now submitted to the -Legislatures of all the States, to be valid as a part of the -Constitution, when ratified by three fourths, in the following form: - - "ARTICLE--, SECTION 1. All persons born or naturalized in the United - States, and subject to the jurisdiction thereof, are citizens of the - United States, and of the State wherein they reside. No State shall - make or enforce any law which shall abridge the privileges or - immunities of citizens of the United States; nor shall any State - deprive any person of life, liberty, or property, without due process - of law, nor deny to any person within its jurisdiction the equal - protection of the laws. - - "SECTION 2. Representatives shall be apportioned among the several - States according to their respective numbers, counting the whole - number of persons in each State, excluding Indians not taxed. But, - when the right to vote at any election for the choice of electors for - President and Vice-President of the United States, Representatives in - Congress, the executive and judicial officers of a State, or the - members of the Legislature thereof, is denied to any of the male - inhabitants of such State, being twenty-one years of age, and - citizens of the United States, or in any way abridged, except for - participation in rebellion or other crime, the basis of - representation therein shall be reduced in the proportion which the - number of such male citizens shall bear to the whole number of male - citizens twenty-one years of age in such State. - - "SECTION 3. No person shall be a Senator or Representative in - Congress, or elector of President and Vice-President, or hold any - office, civil or military, under the United States, or under any - State, who, having previously taken an oath as a member of Congress, - or as an officer of the United States, or as a member of any State - Legislature, or as an executive or judicial officer of any State, to - support the Constitution of the United States, shall have engaged in - insurrection or rebellion against the same, or given aid or comfort - to the enemies thereof. But Congress may by a vote of two thirds of - each House remove such disability. - - "SECTION 4. The validity of the public debt of the United States, - authorized by law, including debts incurred for payment of pensions - and bounties for services in suppressing insurrection or rebellion, - shall not be questioned. But the United States shall neither assume - nor pay any debt or obligation incurred in aid of insurrection or - rebellion against the United States, or any claim for the loss or - emancipation of any slave; but all such debts, obligations, and - claims shall be held illegal and void. - - "SECTION 5. The Congress shall have power to enforce, by appropriate - legislation, the provisions of this article." - -It may here be stated that the restoration of the late Confederate -States to all the rights and privileges of States as co-equal members -of the Union, under the plan of President Johnson, received the -approval of the executive and judicial branches of the Government -soon after the cessation of hostilities. Congress, however, not only -withheld its assent, but, during its session in 1866, required as a -condition precedent to a recognition of any one of these States, and -the admission of its Representatives and Senators to seats, the -adoption by its Legislature of the above-mentioned amendment. The -question really involved in this amendment was the admission to -citizenship and the ballot of the negroes in these States. It was the -acknowledged fact that the authority to determine this question -resided in the States severally and nowhere else. The amendment -itself, in its second section, recognized the authority to grant or -withhold the elective franchise as existing in the State governments. - -This amendment was submitted to the Legislatures of the States -immediately after its adoption by Congress in June, 1866, and by -March 30, 1867, it had been ratified by twenty States, including West -Virginia, Maryland, Missouri, and Tennessee, and rejected by -thirteen, including Delaware and Kentucky, and eleven of the late -Confederate States. There were thirty-four States at that time, and -thirty had voted. A ratification by three fourths was required to -make it valid. - -When this amendment was presented for ratification to the Legislature -of Virginia at its session commencing December, 1866, it was rejected -in the Senate by a unanimous vote, and in the House by a vote of -seventy-four to one. Meantime the Freedmen's Bureau was organized and -put in operation in the State, but the military occupation continued, -and the condition of affairs remained unchanged during the -proceedings of Congress to construct its plan for subjugation. - -After the vote of the States up to March, 1867, it was manifest that -no real advance had been made in the extension of the franchise to -the negro population of the States. In this position of affairs -Congress, on March 2d, adopted an entirety new system of measures -relative to the late Confederate States, The fiction upon which these -measures were based is thus expressed in the preamble of the first -act: - - "_Whereas_, No legal State governments, or adequate protection for - life or property, now exists in the rebel States of Virginia, North - Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, - Florida, Texas, and Arkansas; and, _whereas_, it is necessary that - peace and good order should be enforced in said States, until loyal - and republican State governments can be legally established: - therefore, _be it enacted_," etc. - -These States were then divided into five military districts, and it -was further provided: - - "Until the people of the said rebel States shall by law be admitted - to representation to the Congress of the United States, all civil - governments that may exist therein shall be deemed provisional only, - and shall be in all respects subject to the paramount authority of - the United States, at any time to abolish, modify, control, and - supersede the same, and in all elections to any office under such - provisional governments, all persons shall be entitled to vote under - the provisions of the fifth section of this act." - -Thus these States, when held by military force as conquered -territory, with the sovereignty of the people extinct, were not -allowed to claim to possess any rights under the Federal -Constitution, or any other than such as might be granted by the will -of the conqueror. It was asserted that the right to regulate the -elective franchise, recognized as belonging to the States in the -Union, could not attach to those out of the Union, and having only -provisional political institutions. Congress then proceeded to -declare, in the fifth section of the bill, the terms upon which a -late Confederate State could become a member of the Union: - - "SECTION 5. That, when the people of any one of said rebel States - shall have formed a Constitution of government in conformity with - the Constitution of the United States in all respects, framed by a - convention of delegates elected by the male citizens of said State, - twenty-one years old and upward, of whatever race, color, or previous - condition, who have been resident in said State for one year previous - to the day of such election, except such as may be disfranchised for - participation in the rebellion or for felony at common law, and when - such Constitution shall provide that the elective franchise shall be - enjoyed by all such persons as have the qualifications herein stated - for electors of delegates, and when such Constitution shall be - ratified by a majority of the persons voting on the question of - ratification who are qualified as electors for delegates, and when - such Constitution shall have been submitted to Congress for - examination and approval, and Congress shall have approved the same, - and when said State, by a vote of its Legislature elected under said - Constitution, shall have adopted the amendment to the Constitution of - the United States, proposed by the Thirty-ninth Congress, and known - as Article XIV, and when said article shall have become a part of the - Constitution of the United States, said State shall be declared - entitled to representation in Congress, and Senators and - Representatives shall be admitted therefrom on their taking the oath - prescribed by law, and then and thereafter the preceding sections of - this act shall be inoperative in said State," etc. - -The bill became a law, notwithstanding the veto of the President. - -On March 4th a new Congress commenced its session, and on March 23d a -supplement to the preceding act was passed. It ordered a registration -to be made of the qualified voters in each military sub-district of -the State, an election to be held for the State Convention to draft a -Constitution for the State, and for delegates to such convention; and -that such Constitution should be submitted to the voters for adoption -or rejection, and upon its adoption a State government should be -organized, etc. The registration was required to be made of all -citizens as defined by the "act to protect all persons in the United -States in their civil rights," etc. Many disqualifications of voters, -arising from participation in the war, were also expressed. This act -also became a law, notwithstanding the objections of the President. - -It will be seen that this act contemplated two distinct governments -in each of the ten States--the one military and the other civil. -Both were provisional, and both were to continue until the new State -Constitution was framed, and the State was admitted to representation -in Congress. The two were to be carried on together, and the people -were made subject to both and obliged to obey both. The law was next -put in operation by constituting the districts, as follows: 1. -Virginia, commander, Major-General Schofield; 2. North Carolina and -South Carolina, commander, Major-General Sickles; 3. Georgia, -Florida, and Alabama, commander, Major-General John Pope; 4. -Mississippi and Arkansas, commander, Major-General Ord; 5. Louisiana -and Texas, commander, Major-General Sheridan. - -Previous to adjournment, on July 19, 1867, Congress passed an -additional supplement to the act of March 3d and the supplement of -March 23d. It declared the intent and meaning of the previous acts to -have been: that the civil governments of the ten States were not -legal governments, and, if continued, were to be subject in all -respects to the military commanders and the paramount authority of -Congress. It made the acts of the military commanders subject only to -the disapproval of the General of the Army, U. S. Grant, and -authorized them to remove any person from office under the State -government. It further defined the classes disfranchised, and -directed that no district commander should be bound in his action by -any opinion of any civil officer of the United States. - -The President vetoed the bill, and in his message said: - - "Thus, over all these ten States, this military government is now - declared to have unlimited authority. It is no longer confined to the - preservation of the public peace, the administration of criminal law, - the registration of voters, and the superintendence of elections; - but, 'in all respects,' is asserted to be paramount to the existing - civil governments. It is impossible to conceive any state of society - more intolerable than this, and yet it is to this condition that - twelve millions of American citizens are reduced by the Congress of - the United States. Over every foot of the immense territory occupied - by these American citizens, the Constitution of the United States is - theoretically in full operation. It binds all the people there, and - should protect them; yet they are denied every one of its sacred - guarantees. Of what avail will it be to any one of these Southern - people, when seized by a file of soldiers, to ask for the cause of - arrest, or for the production of the warrant? Of what avail to ask - for the privilege of bail when in military custody, which knows no - such thing as bail? Of what avail to demand a trial by jury, process - for witnesses, a copy of the indictment, the privilege of counsel, or - that greater privilege, the writ of _habeas corpus_?" - -Congress having thus completed its plan of operations, the crashing -wheels of subjugation began to move forward. Let us proceed with the -narration of affairs in Virginia. - -On the appearance of Major-General Schofield at Richmond, all the -proceedings of the so-called civil government, for the organization -and restoration of the State to the Union, at once ceased, and he -assumed command. A board of army officers was named by the commanding -General for the purpose of selecting suitable persons for appointment -as registering officers throughout the State. In making the -selections, the preference was given, first, to officers of the army -and of the Freedmen's Bureau, on duty in the State; second, to -persons who had been discharged from the Federal army, after -"meritorious" services during the war; third, to "loyal" citizens of -the county or city where they were to serve. On April 2d an order -appeared from the major-general, suspending all elections, whether -State, county, or municipal, "under the provisional government," -until after the registration was completed. A lecture on the -"Chivalry of the South," advertised to be delivered in Lynchburg, was -suppressed by the order of the post commander at that place. A -warning was given by the major-general to the editor of the Richmond -"Times," which said, "The efforts of your paper to foster enmity, -create disorder, and lead to violence, can no longer be tolerated." -On the refusal of five magistrates of the Corporation Council of -Norfolk to receive the testimony of a negro, they were arrested on a -process issued under the Civil Bights Bill, and held to bail to -appear before the District Court. All armed organizations in the -State were disbanded. Inflammatory meetings of freedmen and those who -sought their political alliance were held in different parts of the -State. - -Military commissioners were appointed over sub-districts for the -suppression of disorder and violence, for the protection of all -persons in their so-called rights of person and property, and clothed -with all the powers of justices of a county or police magistrates of -a city. The State was also divided into sub-districts, and commanders -appointed over the same. These officers were empowered to exercise a -general supervision over the military commissioners, and to furnish -them, when necessary, with sufficient military force to enable them -to discharge their duties. Further orders relative to the -qualification of voters were issued by the major-general, in which it -was declared that "all persons who voluntarily joined the rebel army, -and all persons in that army, whether volunteers or conscripts, who -committed voluntarily any hostile act, were thereby engaged in -insurrection or rebellion; and all who voted for the ordinance of -secession, gave aid and comfort to the enemy. Also all who -voluntarily furnished supplies of food, or clothing, arms, -ammunition, horses, or mules, or any other material of war, -participated in the rebellion," and were disfranchised. The whole -number registered was 116,982 whites and 104,772 blacks. The vote for -the Convention was 14,835 whites and 92,507 blacks; against the -Convention, 61,249 whites and 638 blacks. - -The Convention assembled on December 3d and adjourned on April 17, -1868. The Bill of Eights adopted declared that-- - - "The State shall ever remain a member of the United States of - America, and the people thereof a part of the American nation, and - all attempts, from whatever source, and upon whatever pretext, to - dissolve said Union, or to sever said Union, are unauthorized, and - ought to be resisted with the whole power of the State. - - "The Constitution of the United States, and the laws of Congress - passed in pursuance thereof, constitute the supreme law of the land, - to which paramount allegiance and obedience are due from every - citizen, anything in the Constitution, ordinances, or laws of any - State to the contrary notwithstanding." - -Suffrage was granted to every male citizen twenty-one years of age. -All officers of the State were required to take the following oath: - - "I, ---- ----, do solemnly swear that I will support and - maintain the Constitution and laws of the United States and the - Constitution and laws of the State of Virginia; and that I recognize - and accept the civil and political equality of all men before the - law," etc. - -In addition, all State, city, and county officers were required to -take the test-oath prescribed by Congress on July 2, 1862, as follows: - - "I do solemnly swear that I have never borne arms against the United - States since I have been a citizen thereof; that I have voluntarily - given no aid, countenance, counsel, or encouragement to persons - engaged in armed hostility thereto; that I have never sought or - accepted, nor attempted to exercise the functions of any office - whatever, under any authority, or pretended authority, in hostility - to the United States; that I have not yielded a voluntary support to - any pretended government, authority, power, or Constitution within - the United States, hostile or inimical thereto; and I do further - swear that, to the best of my knowledge and ability, I will support - and defend the Constitution of the United States against all enemies, - foreign and domestic; that I will bear true faith and allegiance to - the same; that I will take this obligation freely, without any mental - reservation or purpose of evasion; and that I will well and - faithfully discharge the duties of the office on which I am about to - enter." - -Major-General Schofield, in an address to the Convention in -opposition to these stringent provisions, said: - - "You can not find in some of the counties a sufficient number of men - who are capable of filling the offices, and who can take the oath you - have prescribed here, I have no hesitation in saying that I believe - it impossible to inaugurate a government upon that basis." - -Meantime the so-called Constitution was adopted by the Convention, -and June 2d fixed for the popular vote upon it. But no appropriation -was made for the expenses of the election, and it was not held. -Major-General Stoneman now succeeded Major-General Schofield. - -The utter subjugation of the sovereign people of Virginia was now -manifest. Not a public act of the least importance could they do -without the consent of the military chief who ruled over them, and -who was a stranger in their State. Finding the provisions of this -Constitution were so restrictive as to exclude from the elective -franchise nearly all of the most intelligent and best-educated -citizens, on account of their participation in the late war, a -movement was commenced for a modification of these clauses or their -entire omission. The sovereignty of the people was extinct, so no -relief could be secured except through the action of the sovereign -sitting in Washington. Congress, therefore, passed an act authorizing -the President (Grant), at such time as he might deem best, to submit -the Constitution to the registered voters of Virginia, and also -submit to a separate vote such provisions of the Constitution as he -thought proper. The act also required the Legislature that should be -elected to ratify the fourteenth and fifteenth amendments to the -Constitution of the United States, as a condition precedent "to the -readmission of the State into the Union." - -The fifteenth article of amendment to the Constitution was passed by -Congress in February, 1869, and submitted to the Legislatures of the -States. It was as follows: - - "SECTION 1. The right of citizens of the United States to vote shall - not be denied or abridged by the United States, or by any State, on - account of race, color, or previous condition of servitude. - - "SECTION 2. The Congress shall have power to enforce this article by - appropriate legislation." - -On the passage of the amendment by the United States Senate, Senator -Garrett Davis, of Kentucky, said: - - "Sir, your amendments to the Constitution are all void; they are of - no effect. They were proposed by a mutilated Congress; they were - proposed by a mutilated House of Representatives and Senate." - -The election in Virginia took place on July 6, 1869. The vote on the -Constitution was, for it, 206,233; against it, 9,189. For the -disfranchising clause, 84,404; against it, 124,361. In favor of the -test-oath clause, the votes were, 83,114; against it, 124,106. State -officers and a Legislature were chosen. - -Meantime the civil or provisional Governor had been removed by the -military commander, Major-General Stoneman, and the commander of the -first district put in the vacancy. At the same time the -President-Judge of the Supreme Court of Appeals was a staff-officer -of the General commanding, and assigned to that duty; and another one -of the judges of that court was an officer of the Federal army, -receiving his appointment from the same source. - -On October 5th the Legislature assembled, the State officers-elect -having already entered upon their duties. The fourteenth and -fifteenth amendments to the United States Constitution were adopted, -and Senators elected to Congress. On January 26, 1870, a bill for the -admission of the State into the Union, "without further condition," -was passed. Her subjugation was now completed. The military -commanders were withdrawn, and she was left in the hands of -"carpet-baggers." - - -[Footnote 130: Declaration of Independence.] - - - - -CHAPTER LVII. - - Final Subjugation of the Confederate States (continued).--Slaves - declared free by Military Commanders in North Carolina.--Provisional - Governor.--Convention.--Military Commander.--Governor-elect turned - out.--His Protest.--Members of Congress admitted.--Proceedings in - South Carolina.--Arrest of Judge Aldrich.--Military Reversal of - Sentence of the Court.--Post Commanders.--Jurors.--Proceedings in - Georgia.--President's Plan.--Plan of Congress enforced.--Other - Events.--Proceedings in Florida.--Rival Conventions.--Plan of - Congress enforced.--Proceedings in Alabama.--Suspension of Bishop - Wilmer by the Military Commander.--Military Authority.--Action of - Congress.--Proceedings in Mississippi.--Constitutionality of the - Act of Congress before the Supreme Court.--Remarks of Chief-Justice - Chase.--Military Arrests.--Removals.--The Chief-Justice of the - State resigns.--The So-called Constitution rejected.--Ames - appointed Governor.--Proceedings in Louisiana.--Plan of Congress - enforced.--Other Measures.--Arkansas.--Texas.--Opinion of the - United States Attorney-General on Military Commanders.--Consequences - that followed the Measures of Congress.--Increase in State Debts.-- - Increase in Frauds and Crimes.--Examples.--Investigating Committees - of Congress.--The Unalienable Rights of Man.--The Sovereignty of - the People and the Supremacy of Law gone. - - -In the preceding chapter the reader will find a narration of the -series of measures, adopted by the Government of the United States, -to complete the final subjugation of the State of Virginia. The same -series was applied, in the same order, to each of the Confederate -States. It is, therefore, unnecessary to repeat the narration of -these details in their application to the other States. But there -were some concurrent incidents and some flagrant outrages in each one -which should be stated, in order to afford a full and comprehensive -view of the universal denial of unalienable personal rights, the -destruction of civil institutions, the disregard of laws, and the -cruel and ignominious treatment, inflicted by the authority of the -Government of the United States upon individuals in every part of the -Southern country. - -In North Carolina, immediately on the cessation of hostilities, the -Federal General issued an order, declaring that "all persons -heretofore held in the State as slaves are now free, and that it is -the duty of the army to maintain the freedom of such persons." -Another order was then issued, defining and regulating the relations -of the freedmen and whites. President Johnson issued his proclamation -on May 29th, appointing a provisional Governor, W. W. Holden, as in -the case of Virginia. On August 8th the Governor issued his -proclamation for an election of delegates to a State Constitutional -Convention on September 12th, and stated who would be permitted to -vote, and the manner of election. The election was held, and the -so-called Convention assembled on October 2, 1865. Its first act -declared the uninterrupted existence of the State in the Union, and -that the ordinance of secession was null and void. The next -prohibited slavery. The payment of the debt contracted during the -war, by any future Legislature, was forbidden. The repeal of the -secession ordinance and the prohibition of slavery were ratified by -the people. An election for State officers and members of Congress -was held in November, and those who had taken the amnesty oath were -the voters. The so-called Legislature-elect held a session and -ratified the amendment to the United States Constitution prohibiting -slavery. On December 23d the Governor-elect (Worth) was inaugurated, -and the provisional Governor retired, acknowledging Worth to be the -legal and "loyal" Governor. Thus the State was subjugated on the plan -of President Johnson. - -The affairs of the State were thus conducted until the military acts -of Congress went into operation, and on March 23, 1867, Major-General -Sickles issued his order assuming command. On April 11th he issued an -order for the relief of debtors, by prohibiting imprisonment for -debt, and ordering the stay of all proceedings for the collection of -debts for twelve months. Writs of execution issuing out of the United -States Circuit Court were not allowed to be served by the military -commander at Wilmington. The question was taken to the Attorney-General -at Washington, and General Sickles appeared in his own defense. It was -decided by the acting Attorney-General to be "simply a case of a high -misdemeanor, legally contemplated." General Sickles was removed, and -Major-General Canby succeeded. The State registration was completed -In October, and contained the names of 103,060 whites and 71,657 blacks. -The so-called election for a Convention was held in November, and the -Convention assembled on February 14, 1868. The Bill of Rights adopted -contained similar clauses to the one adopted by the Virginia Convention. -The Constitution was ratified, and State officers, members of the -Legislature, and representatives to Congress were elected on April -23d. The vote for the Constitution was 93,118; against it, 74,109. -The so-called Republicans had a majority of seventy on joint ballot -in the Legislature. - -The State officers elected under the plan of President Johnson had -continued in the peaceful administration of their duties. Therefore, -on the day of the inauguration of the newly-elected Governor (Holden) -the existing Governor (Worth) made a spirited protest, saying: - - "I do not recognize the validity of the late election, under which - you and those coöperating with you claim to be invested with the - civil government of the State. You have no evidence of your election, - save the certificate of a major-general of the United States Army. I - regard all of you as, in effect, appointees of the military power of - the United States, and not as deriving your powers from the consent - of those you claim to govern. Knowing, however, that you are backed - by military force here, which I could not resist if I would, I do not - deem it necessary to offer a futile opposition, but vacate the office - without the ceremony of actual eviction, offering no further - opposition than this, my protest. I would submit to actual expulsion - in order to bring before the Supreme Court of the United States the - question as to the constitutionality of the legislation under which - you claim to be the rightful Governor of the State, if the past - action of that tribunal furnished any hope of a speedy trial. I - surrender the office to you under what I deem military duress, - without stopping, as the occasion would well justify, to comment on - the singular coincidence that the present State government is - surrendered, as without legality, to him whose own official sanction, - but three years ago, declared it valid. - - "I am, very respectfully, - - "JONATHAN WORTH, - - "_Governor of North Carolina._" - -The so-called Legislature assembled on the appointed day, and the -fourteenth amendment to the Constitution of the United States was at -once ratified, and on July 11, 1868, the President announced by -proclamation that "North Carolina had complied with the conditions -prescribed by Congress for her restoration to an equal place in the -Union of States." - -In South Carolina, proceedings were commenced on June 20, 1865, when -President Johnson issued a proclamation similar to the one in the -case of Virginia, and appointed Benjamin F. Perry as provisional -Governor of the State. He continued all persons in office on taking -the amnesty oath, and all laws in force prior to the secession of the -State were maintained except those conflicting with the proclamation; -delegates to a so-called State Convention were elected on the first -Monday of September, and the Convention assembled on the 13th to -amend the State Constitution. The ordinance of secession was repealed -and slavery abolished. Blacks were made witnesses in all cases where -the rights or property of persons of that class were involved. An -election of State officers and a so-called Legislature were held. The -latter convened on October 25th. The thirteenth amendment to the -Constitution of the United States prohibiting slavery was ratified. -On November 29th the provisional Governor retired, and the so-called -Governor-elect (Orr) was inaugurated. The work of the Legislature was -very complete. The courts were open to all persons, with equal civil -rights, without distinction of color, and Major-General Sickles, -commander of the Military Department of North Carolina and South -Carolina, ordered all civil and criminal cases to be tried before -them in which the parties were civilians. Previous to this order, and -after the cessation of hostilities, provost-marshals and military -courts were detailed for duty all over the State. These officers knew -only the law martial, and generally very little of that; and took -jurisdiction of all cases both civil and criminal, occasioning great -annoyance, expense, and vexation, deciding as their prejudice, -caprice, or ignorance suggested. After the completion of the -so-called State government, however, the vacancies on the bench were -filled, and the courts opened throughout the State. - -Still the people were made to feel that the military hand was over -all. A case occurred in the court in Charleston, before Judge A. P. -Aldrich, in which a white man was indicted for petty larceny, tried, -and found guilty. The punishment prescribed by the law of the State -for this offense was whipping. To this punishment the offender was -sentenced. On the next day an armed soldier came to the court-house -inquiring for the Judge, who was absent. To an inquiry of the sheriff -as to his business, he replied that he was ordered to require the -Judge to report at General Bennet's headquarters, who was the -military commander of the district. On the next day another soldier -in full uniform came to the lodgings of the Judge with a note from -the General requesting the former to report at headquarters. - -The reply of the Judge was: "As I have no business with you, I -decline to report. If you have business with me, it will give me -great pleasure to receive you." - -On the next day an adjutant appeared saying: "The General is very -much engaged, and asks you to come to his office. I will wait your -convenience." - -"I see I am under arrest," replied the Judge. "I will go now." - -The adjutant, in full uniform, escorted him through the most public -parts of the city to headquarters, and, entering the office, -announced him. The General was sitting, with his cap on, and writing. -After some time, having finished, he looked up and said, "Sit down," -adding, "That was a curt note you sent to me yesterday." - -"No, sir," answered the Judge, "I intended it to be respectful, but, -as I had no business with you, I did not see why I should be required -to come to your office." - -"Do you dispute the authority of the United States Government?" asked -the General, tartly. - -"No, sir; I am here in obedience to that authority, but I have always -supposed that, as a mere matter of courtesy, when one gentleman has -business with another, he calls on him. As a matter of etiquette, I -believe a Judge of the Superior Court of a State is equal in rank to -a brevet brigadier-general." - -"We will not discuss the question of rank," replied the General, "but -General Sickles requests you to revoke your sentence of the other day -and impose some other penalty." - -The Judge replied: "I do not impose the penalty; it is the law, and I -have no discretion." - -He then explained the law, and said there was no relief except by a -pardon of the Governor, or by taking the prisoner out of the custody -of the sheriff. A few days after, the prisoner was taken from the -custody of the Sheriff and discharged. The proceeding was brought to -the knowledge of the so-called Governor, who applied to General -Sickles to suspend his order, but the latter declined; whereupon the -Judge, then at Columbia, to hold the court of the circuit, declared -that he would adjourn the court and not proceed on his circuit; that -he would not go through the farce of holding a court when judgments -and sentences could be arrested and prevented by military order. He -then adjourned the court, and passed an order refusing to hold courts -while the military order was in force. General Sickles also issued an -order reversing a judgment of the Supreme Court. The President about -the same time countermanded a like order of the General in North -Carolina, and the Judge resumed his duties. - -Under the act of Congress of March 2, 1867, the State was divided -into ten military districts, and a post commander appointed for each. -All local officers, who were regularly elected by the people, were to -be appointed by these commanders. Military orders were issued from -time to time containing social regulations, etc. One on the subject -of criminal arrests and trials required all sheriffs, marshals, and -police officers to report to the Provost-Marshal-General of the -district, their names, residence, official station, salary, and the -authority by which they were appointed; also to investigate and -report all particulars of any crime committed, to the -Provost-Marshal-General, setting forth name, residence, and -description of the offender with the nature of the offense, and steps -taken to secure punishment. Sheriffs were directed to make a full -report of the condition of all jails and prisons within their -jurisdiction. All civil officers in charge of any jail, prison, or -workhouse, were required to make full monthly reports of each inmate -under their care. All sheriffs, constables, and police officers were -required "to obey and execute the lawful orders of the -Provost-Marshal-General, to the same effect as they are required by -law to obey and execute writs, warrants, or other process issued by -civil magistrates," and any resistance or refusal to execute the same -subjected the offender to trial by military commission. - -Details of the plan to be followed in making the registration were -fully laid down, and the order then contained the following -instructions: - - "Boards will take notice that, according to section 10 of the act of - July 19, 1867, they are not to be bound in their action by any - opinion of any civil officer of the United States. - - "Boards are instructed that all the provisions of the several acts of - Congress cited are to be liberally construed, to the end that all the - intents thereof be fully and perfectly carried out. - - "It is made the duty of the commanding General to remove from office - all persons who are disloyal to the Government of the United States, - or who use their official influence in any manner to hinder, delay, - prevent, or obstruct the due and perfect administration of the - reconstruction acts." - -On September 5, 1867, Major-General Canby took command. General -Sickles, on announcing his retirement, said: - - "The undersigned avails himself of the occasion to acknowledge the - fidelity and zeal with which the officers and troops under his - command have discharged their duties." - -The question of the qualification of jurors now became important. -General Canby issued an order on September 13th, which required the -jurors to be drawn from the "qualified voters," which included the -newly emancipated slaves. The Judges met, and sent a respectful -request to the General to change the order to conform to the law of -the State. By the jury law, as it then stood, no person was qualified -to serve as a juror unless he was a free white man, twenty-one years -of age. The Judges were sworn to enforce this law and the -Constitution of the State. No notice was taken of the application. At -the next court in Edgefield, Judge Aldrich, charging the grand jury, -brought to their notice the order, the law and the Constitution, and -the oath of office, and then declared "he could not and would not -obey the order." On going to open the court a few days after, the -adjutant of the post delivered to him a military order suspending him -from office. He proceeded and opened the court, read the order and -stated the circumstances, and, laying aside his gown, directed the -sheriff "to let the court stand adjourned while justice is -stifled." [131] The major-general appointed another Judge to the -vacancy. - -The registration of voters was completed in the middle of October, -and amounted to 46,346 whites and 78,982 blacks. The vote on a State -Convention was taken on November 19th and 20th, and resulted, for the -Convention, 130 whites and 68,876 blacks; against the Convention, -2,801 whites. The delegates were 34 whites and 63 blacks. The -Convention assembled on January 14, 1868. The Bill of Rights -contained provisions similar to that of Virginia, and the -Constitution was made to conform to the will of Congress. The -ratification of the Constitution, and the election of State officers -and a Legislature, took place on April 14, 15, and 16, 1868. The vote -for the Constitution was 70,758; against it, 27,288; not voting, but -registered, 35,551. The Legislature, with a majority of forty-eight -blacks, assembled on July 6th. The fourteenth constitutional -amendment was adopted, and the construction of the State by Congress -was completed practically on July 13, 1868. - -In Georgia, on the cessation of hostilities, the Governor issued a -proclamation calling a session of the Legislature. But the commanding -General issued an order declaring the proclamation to be null and -void. Another military officer, in a letter to the Governor, stated -that he was instructed by the President to say to him, that "the -persons who incited the war and carried it on will not be allowed to -assemble at the call of their accomplice to act again as the -Legislature of the State, and again usurp the authority and -franchises. In calling the Legislature together again, without the -permission of the President, you have perpetrated a fresh crime; and, -if any person presumes to answer or acknowledge your call, he will be -immediately arrested." The military authorities of the United States -then took the control of affairs until the appointment of James -Johnson, on June 17th, by the President, as provisional Governor of -the State, by a proclamation similar to the one issued in the case of -Virginia. On July 13th he issued a proclamation prescribing the -regulations for a State Convention. Provost-marshals had been -stationed all over the State to regulate local affairs, and the laws -in force previous to 1861 were ordered to be enforced. Delegates were -elected on October 4th, and the so-called State Convention assembled -on October 25th. The ordinance of secession was repealed. The payment -of the war debt was prohibited. The emancipation of the slaves was -expressly recognized, and a so-called election for State officers, -members of the Legislature and of Congress, was appointed to be held -on November 15th. The Legislature assembled on December 4th, and -unanimously adopted the thirteenth amendment to the Federal -Constitution, prohibiting the existence of slavery. Charles J. -Jenkins, Governor-elect, was inaugurated, and on December 19, 1865, -the provisional Governor relinquished the conduct of the State -affairs to the constituted authorities. The Freedmen's Bureau Act and -the Civil Rights Act of Congress were enforced by the military -authorities. - -The State Legislature again assembled on November 1, 1866. The -ratification of the fourteenth amendment to the Constitution of the -United States was repassed to a joint committee of each House, which -reported a resolution to refuse to ratify the same. In the Senate it -was adopted unanimously, and in the House by a vote of 132 to 2. On -April 1, 1866, Major-General John Pope assumed command in the third -military district, containing Georgia, Florida, and Alabama. An -unsuccessful effort was made by the State at this time to bring the -question of the constitutionality of the "reconstruction" acts of -Congress before the Supreme Court. Governor Jenkins took part in the -application to the Supreme Court, and, while at Washington, issued an -address to the people of the State, urging them to take no action -under the laws. He was called upon to make an explanation on his -return by General Pope, as parts of the address were declared in -violation of the military order of the latter. But as the so-called -Governor had not seen the order, his offense was excused. A mayor and -aldermen for Augusta were appointed by General Pope; also the sheriff -and deputy for Bartow County, and other officers. - -An order was issued that jurors should be selected from the list of -qualified voters. Judge Reese, of Ocmulgee District, wrote to General -Pope, declaring that, under his oath to sustain the laws, he could -not conform to the order. General Pope replied with an attempt to -show him that he owed allegiance, first of all, to the authority of -the United States, as represented by the military power in the State. -The argument was of no avail, and the Judge was prohibited from -holding court. - -The registration of votes was completed early in September, The -number registered was 188,647, and the whites had a majority of about -2,000. The election of delegates to the State Convention took place -from October 29th to November 3d. Of the delegates, 133 were whites -and 33 blacks. The Convention assembled on December 13th, and soon -adjourned to January 8, 1868. Meantime, Major-General Meade had -relieved General Pope as military commander. The Convention, before -this adjournment, ordered the Comptroller to levy a tax to pay its -expenses, and directed the State Treasurer to advance forty thousand -dollars for its pay and mileage. The ordinance was sent to the -Treasurer, endorsed with instructions from General Pope to pay. The -Treasurer refused to advance the money, as he was prohibited by the -Constitution to do so, except on the warrant of the Governor. General -Meade requested the Governor to issue the warrant. He replied that -the Constitution forbade any money to be drawn from the Treasury -except on an appropriation, whereupon General Meade removed both -officers, and appointed others. - -The provisions required by the acts of Congress were adopted in the -so-called new Constitution. At the same time, certain provisions were -inserted, which were intended to afford relief to the people. The -Convention, therefore, by resolution, requested General Meade to -require the courts to enforce them "until the State was restored to -its regular relations with the United States, and the State -organization was in full force." An order was, therefore, issued by -the General requiring the courts and officers of the State government -to enforce the provisions, in all respects, the same as if they had -regularly taken effect. One of the Judges, having refused to comply -with this order, was removed by General Meade. - -The so-called election on the Constitution, and for State officers, -and Legislature, and members of Congress, was held on April 20th and -following days. The State Constitution was declared to be ratified; -Rufus W. Bullock, the so-called Republican candidate, was declared to -be elected Governor by a majority of seven thousand votes. The -Legislature assembled on July 4, 1868, with three Senators and -twenty-five Representatives who were negroes. The fourteenth -amendment to the Federal Constitution was adopted, and all the -conditions of Congress were fulfilled; and on July 28, 1868, she was -declared to be restored to the Union. Subsequently it appeared that -the State Convention had made no provision which could be construed -as expressly giving the black man a right to hold office, and all -these members were expelled from the Legislature. The matter was -taken up by Congress, and the State was not fully recognized as in -the Union until 1870. - -The proceedings in Florida commenced with the usual proclamation of -President Johnson. It was issued on July 13, 1865, and appointed -William Marvin provisional Governor of the State. On August 3d he -issued a proclamation prescribing such rules and regulations as were -deemed necessary for the choice of members of a so-called State -Constitutional Convention, and appointed October 10th for the day of -election, and October 25th as the day on which the delegates should -meet. They "annulled" the secession ordinance, passed an ordinance -prohibiting slavery, with a preamble in these words: "_Whereas_, -slavery has been destroyed in this State by the Government of the -United States; therefore," etc. Another ordinance declared void the -liabilities contracted for the war. Freedmen were made competent -witnesses in any matter wherein a colored person was concerned. An -election of State officers, of the members of the Legislature, and of -Representatives in Congress, was ordered to be held on November 29th, -and the Legislature were required to meet on December 18th. Governor -David S. Walker was inaugurated on December 21st, and on January 18, -1866, the provisional Governor surrendered the conduct of the State -to the so-called constitutional authorities. At this session of the -Legislature, the Lower House unanimously refused to ratify the -fourteenth amendment to the Constitution of the United States. The -military rule which has prevailed in local affairs was relaxed on -April 27, 1866, and all civilians under military arrest were turned -over to the civil authorities for trial. - -On April 1, 1867, Major-General Pope assumed command under the act of -Congress of March 2d. On June 18th a superintendent of registration -was appointed, and the conditions for the registration of voters were -prescribed. The result of the registration was 11,148 whites and -15,434 blacks. The election of delegates to the so-called State -Constitutional Convention was held on November 14th, 15th and 16th, -and on January 20, 1868, the Convention assembled, and contained -seventeen blacks as members. A disgraceful quarrel arose in the -Convention, and twenty members absented themselves. The twenty-one -remaining claimed to be a quorum, and formed a Constitution, and -adjourned. The absentees then returned, and, with three or four from -the other side, organized and proceeded to form a Constitution. The -others appeared and claimed their seats. Great disorder prevailed, -but by the intervention of Major-General Meade, and by putting in the -chair his sub-commander, some degree of order was restored, and such -an arrangement effected that the second Constitution was completed. -All the requisite measures under it were adopted, and on June 29th, -the surrender of the so-called government of the State by the -military power of the United States to the civil authority was made. -The political quarrel continued long afterward. - -In Alabama the proclamation of President Johnson was issued on June -21, 1865, by which Lewis C. Parsons was appointed provisional -Governor and the usual proceedings prescribed. On July 20th the -Governor issued a proclamation, which renewed the powers of the -persons holding the township offices in the State; called a State -Constitutional Convention to assemble on September 10th, and -reordained the civil and criminal laws, except those relating to -slaves, as they existed previous to 1861, and prescribed other -regulations. A peaceful election was held, and the delegates to the -so-called Convention assembled and took an oath to support the -Constitution of the United States and the Union thereof, and all -proclamations relative to the emancipation of slaves. Slavery was -prohibited, the war debt declared void, and the secession ordinance -repealed. An election for State officers, members of the Legislature, -and Representatives in Congress, was ordered on the first Monday of -November. The new Constitution was not submitted to a vote of the -people on account of the delay it would occasion. Robert M. Patton -was elected Governor, and the Legislature assembled on November 20th. -The amendment to the Constitution of the United States prohibiting -the existence of slavery was ratified, and on December 18, 1865, the -provisional Governor surrendered the conduct of the affairs of the -State to the Governor-elect. - -During the existence of the Confederate Government, the Protestant -Episcopal Church South was established, and the prayer for the -President of the United States and all in civil authority, in the -"Book of Common Prayer," was changed to one for the Confederate -authorities. Upon the restoration of the authority of the United -States, the prayer for the President was omitted altogether, by the -recommendation of Bishop Wilmer; whereupon Major-General Woods issued -an order by which the Bishop and all his clergy in the diocese of -Alabama "were suspended from their functions and forbidden to preach -or perform divine service." The order was subsequently set aside by -President Johnson. - -At the session of the Legislature in November, 1866, the fourteenth -amendment to the United States Constitution was rejected by an -overwhelming majority. - -On assuming command of the Third Military Division under the act of -Congress of March 2, 1867, Major-General Pope assigned Major-General -Swayne to the "administration of the military reconstruction bill" in -Alabama. On April 8th the order directing the proceedings in the -registration of voters was issued. Special instructions were issued, -as in all the other States, to boards of registers which declared -that clerks and reporters of the Supreme Court and inferior courts, -and clerks to ordinary county courts, treasurers, county surveyors, -receivers of tax-returns, tax-collectors, tax-receivers, sheriffs, -justices of the peace, coroners, mayors, recorders, aldermen, -councilmen of any incorporated city or town, who were ex-officers of -the Confederacy, and who, previous to the war, occupied these offices -and afterward participated in the war, were all disqualified and not -entitled to registration. Meantime the municipal officers were -removed in several places, and in the city of Mobile the police -administration was suspended and the maintenance of public order -assumed by the commander of the military force. Finally, the chief -officers and councilmen of the city were removed, and others -appointed by the district commander. - -The registration was completed in August, and amounted to 72,748 -whites and 88,243 blacks. The vote on the Convention and for -delegates was given on the first three days of October. A hundred -delegates were chosen, of whom ninety-six were "radicals"--seventeen -of them were blacks. On November 5th the so-called Convention -assembled and adopted all the amendments required by the act of -Congress. The election for the ratification of the Constitution, for -State officers, members of the Legislature, and Representatives in -Congress, was held on February 4, 1868. A majority of all the -registered vote was required to ratify the Constitution, which was -85,000. The vote cast was 75,000. - -On June 20, 1868, Congress passed an act which declared that each of -the States of North Carolina, South Carolina, Georgia, Florida, -Alabama, and Louisiana, should be admitted to representation when its -Legislature had ratified the fourteenth amendment to the Constitution -of the United States, and farther, "upon the fundamental condition -that the Constitution of neither of said States shall ever be so -amended or changed as to deprive any citizen, or class of citizens, -of the United States of the right to vote in said State, who are -entitled to vote by the Constitution thereof, herein recognized, -except as a punishment for crime," etc. - -The so-called State Legislature assembled on July 13th, and Articles -XIII and XIV as amendments to the Constitution of the United States -were ratified. The conduct of the affairs of the State was now -transferred by General Meade to the new civil authorities. - -Mississippi, immediately after the cessation of hostilities, was -occupied by a military force of the United States. Meantime the -Governor called an extra session of the Legislature, and made -provision for a Constitutional Convention; but these measures were -set aside by the proclamation of President Johnson, on June 13th, -appointing William L. Sharkey provisional Governor. The system of -measures embraced in the plan of the President for the restoration of -the Confederate States to the Union was immediately commenced and -completed in the election of Benjamin G. Humphreys for Governor, with -the other State officers, members of the Legislature, and -Representatives in Congress. - -The fourteenth amendment of the Constitution was unanimously rejected -by the Legislature in January, 1867. - -Under the act of Congress of March 2, 1867, Major-General Ord assumed -command of the Fourth Military Division, consisting of Mississippi -and Arkansas. Governor Humphreys sought immediately to bring the -question of the constitutionality of this act before the United -States Supreme Court. Arguments were heard upon it by the Court. The -motion was to enjoin and restrain President Johnson and Major-General -Ord from executing the act and supplements. It was denied, and -Chief-Justice Chase, on delivering the opinion, said: - - "If the President refuses obedience, it is needless to observe that - the Court is without power to enforce its process. If, on the other - hand, the President complies with the order of the Court, and refuses - to execute the act of Congress, is it not clear that a collision may - occur between the executive and the legislative departments of the - Government? May not the House of Representatives impeach the - President for such refusal?" - -Major-General Ord, immediately after assuming command, proceeded to -organize boards for the registration of voters and prescribe their -qualifications and disqualifications. The latter were so numerous as -to embrace, in all these States, every white who had voluntarily done -the most simple act to aid or favor any person engaged in the -Confederate service, or had incited, by words, others to render such -aid, while the entire class of blacks were not disqualified by such -acts, as it was assumed that they were done by compulsion. Thus the -aim and end of registration, after this manner, in a State, were to -throw the entire political power into the hands of the negroes. - -Orders were now issued directing the military to coöperate with the -civil officers to break up the crime of horse-stealing, to secure to -labor its share of the crops, and to protect debtor and creditor from -sacrifices by forced sales; to suspend for a time certain sales under -execution; to prohibit interference with the legal tenant; to -ascertain if distillers had paid their taxes; to investigate -complaints made by citizens of persecution by civil authorities; to -notify State and municipal officers of the laws of Congress for the -organization of their governments on the basis of suffrage without -regard to color; to subordinates of the Freedmen's Bureau to -investigate all charges against landholders; to require supervisors, -inspectors, and boards of registration to obtain the names of -suitable persons, white or black, to act as clerks and judges of -elections; to close strictly all bar-rooms and saloons for the day -when political meetings were held; to remove the city marshal, three -justices of the peace, and four members of the City Council of -Vicksburg; to appoint other persons to fill the vacancies, who were -required to take the test oath of Congress; to forbid the assembling -of bodies of citizens under any pretense; to transfer the papers to a -military commission whenever a person who had been in the Federal -service was indicted and apprehended an unfair trial; to notify -overseers of the poor that any neglect to provide for colored paupers -would be regarded as a neglect of duty, etc. - -The roistered names amounted to 46,636 whites and 60,167 blacks. The -military appointment for delegates to the Convention was such as to -give to thirty-two counties, having small colored majorities, seventy -of the representatives, and to twenty-nine counties, having small -white majorities, thirty representatives. On November 5th the -election was held, and the so-called Convention assembled on January -8, 1868. The ordinance of secession was declared null and void; the -existence of slavery prohibited; payment of the war debt forbidden; -universal suffrage established, excepting only criminals; an election -to ratify the Constitution and for the election of State officers, a -Legislature, and Representatives in Congress, was ordered to be held -on June 22d, and a large number of radical amendments adopted. At the -election the Constitution was rejected by a majority of 7,629. The -opposition candidate was also elected Governor. - -On October 1, 1867, the Chief-Justice of the State, A. H. Handy, sent -his resignation to the Governor. He said: - - "It is apparent that the character and dignity of the Court can not - be maintained, and that its powers must be held and exercised in - subordination to the behests of a military commander." - -On December 28, 1867, Major-General Ord was succeeded by -Major-General McDowell. On June 15th the latter issued an order -removing Governor Humphreys and appointing Major-General A. Ames to -the vacancy. Governor Humphreys declined to vacate the office, saying -that the attempt to remove him was a "usurpation of the civil -government of Mississippi, unwarranted by and in violation of the -Constitution of the United States." A squadron of soldiers was sent -by the military commander of the post, which marched in and took -possession of the office. The house of the Governor was then demanded -for the new incumbent of the office. As Governor Humphreys refused to -vacate it, a file of soldiers came and ejected him. - -After the rejection of the so-called new Constitution, its friends -applied to Congress, as the sovereign, to throw out the vote of -several counties and declare the Constitution to be adopted. This -action was recommended on the ground, as they said, that the election -had not been fairly conducted, and that violence and intimidation -had, in many parts of the State, prevented a full and just vote. The -Constitution was defeated, not, as thus alleged, by fraud and -intimidation, but distinctly for the reason that it was more -vindictive in its spirit than the people, white or black, would -tolerate, and more prescriptive in its provisions than the acts of -Congress required. - -In March, 1869, the provisional Governor of the State, Major-General -A. Ames, was made the military commander of the Fourth Military -District. At the same time a joint resolution was passed by Congress, -which ordered that all persons holding office in Mississippi, who -could not take the test-oath prescribed in 1862, should be removed -from office. By the aid of this weapon it was expected that General -Ames would make the State organization so-called Republican. -Meanwhile Congress passed an act which authorized the President to -submit the Constitution of the State to another election by the -people, with a separate vote on its objectionable section. -Preparations for this election were commenced by the issue of an -order of the military commander prescribing stringent regulations -relative to the requisites of voters for registration. The election -was held on November 30 and December 1, 1869, and the Constitution -was ratified. The vote against disfranchising citizens for serving -under the Confederacy during the war was almost unanimous. The -so-called Legislature assembled on January 11, 1870. The fourteenth -and fifteenth amendments of the United States Constitution were -adopted, and on February 12th an act of Congress was passed by which -the State was permitted to be represented in that body. - -At the beginning of 1865 Louisiana was under the State government -constructed by General Banks, as has been stated in previous pages. -It occupied New Orleans, and extended its control to the extremity of -the military lines. Within this limit it was treated practically as a -restored portion of the Union. The United States military draft was -enforced. Much disorder in civil affairs prevailed, and some serious -disturbances occurred up to the time when Congress undertook its plan -of restoration. There was, in fact, a military rule during all that -period. On March 19, 1867, Major-General Sheridan was assigned to the -command of the Fifth Military District, embracing Louisiana and -Texas, in accordance with the act of Congress of March 2d. By this -act the existing State government was "declared to be only -provisional, and subject to be abolished, modified, controlled, or -superseded." Major-General Sheridan began his proceedings with the -removal of certain obnoxious officials who were, in his opinion, -dangerous to the peace of the community. The registration of voters -was ordered to commence on May 1st. To an application to General -Grant, the commander-in-chief, for more definite instructions, by -Major-General Sheridan, the former replied on June 28th: - - "Enforce your own construction of the military bill, until ordered to - do otherwise." - -The Legislature having appropriated four million dollars for the -repairs of levees, and appointed a board to discharge the duties, -Governor Wells became dissatisfied with their action, and appointed -another board. Disputes arising between the two boards, Major-General -Sheridan removed both, and appointed a third, and enforced its -authority. In April, Major-General Sheridan, writing to General -Grant, said: - - "I fear I shall be obliged to remove Governor Wells, of this State, - who is impeding me as much as he can." - -General Grant replied: - - "I would advise that no removals of Governors of States be made at - present. It is a question now under consideration whether the power - exists, under the law, to remove, except by special act of Congress, - or by trial under the sixth section of the act promulgated in Orders - 33 (act of March 2d)." - -On June 3d Major-General Sheridan issued an order, removing the -so-called Governor, saying that, "having made himself an impediment -to the faithful execution of the act of Congress of March 2d, by -directly and indirectly impeding the General in command in the -faithful execution of the law," etc., Benjamin F. Flanders was -appointed to fill the vacancy. - -The registration ceased on July 31st, with the names of 44,732 whites -and 82,907 blacks. Extensive removals from office were now made-- -among others, twenty-two members of the City Council of New Orleans, -also the city treasurer and city surveyor, a justice of peace, -sheriff, etc. On August 17th Major-General Sheridan was relieved, and -Major-General Hancock succeeded. "Impediments to reconstruction under -the laws of Congress" continued to be removed, and other persons -assigned to their places. - -The election for delegates to the so-called Convention was held on -September 27th and 28th, and that body assembled on November 23d. The -measures required by the act of Congress were adopted, and an -election for its ratification and for State officers, and a -Legislature, was held on April 17th and 18th. The Constitution was -ratified, and the State officers and members of the Legislature were -elected. Meantime Major-General Hancock was relieved, and succeeded -by Major-General Buchanan. - -After the election, the registrars of the State proposed to install -the newly elected officers under the provisions of an ordinance of -the Convention. But they were notified by Major-General Buchanan that -it could not be done without permission. To avoid any question as to -the persons who should hold the offices of so-called Governor and -Lieutenant-Governor after the meeting of the Legislature, the -district commander was directed by General Grant to remove the former -incumbents by military order and set up the individuals lately -elected as their successors. This was done on June 27th, and on the -29th the so-called Legislature assembled in pursuance of a notice -from the commanding General. The fourteenth amendment to the United -States Constitution was adopted; and, as by the act of Congress of -June 25th, Louisiana had been restored to representation in that -body, the commanding General on July 13, 1868, transferred the -administration of civil affairs to the State officers. - -I will not pursue these odious details further. Suffice it to say -that Texas and Arkansas, having passed through the same military -process as their sister Confederate States, were admitted to -representation in Congress, the former in 1870 and the latter in 1868. - -It will be seen that the power usurped by Congress was without a -limitation, and extended to all the political, civil, and social -relations. Many of the military commanders seem to have regarded -their authority as equally comprehensive. The Attorney-General of the -United States, in his official opinion on these acts of Congress, -addressed to the President on June 12, 1867, says: - - "It appears that some of the military commanders have understood this - grant of power as all-comprehensive, conferring on them the power to - remove the executive and judicial officers of the State, and to - appoint other officers in their places; to suspend the legislative - power of the State; to take under their control, by officers - appointed by themselves, the collection and disbursement of the - revenues of the State; to prohibit the execution of the laws of the - State by the agency of its appointed officers and agents; to change - the existing laws in matters affecting purely civil and private - rights; to suspend or enjoin the execution of the judgments and - decrees of the established State courts; to interfere in the ordinary - administration of justice in the State courts, by prescribing new - qualifications for jurors; and to change, upon the ground of - expediency, the existing relations of the parties to contracts, - giving protection to one party by violating the rights of the other - party." - -Many instances are then related by the Attorney-General to confirm -his statements. Some of these are worthy of the attention of the -reader, although they may have been mentioned on a preceding page. In -one district the so-called Governor of a State was deposed under a -threat of military force, and another person, called a Governor, -appointed by the military commander to fill the place--thus -presenting the strange spectacle of an official intrusted with chief -power to execute the laws of a State, whose authority was not -recognized by the laws he was called on to execute. - -In the same district a Judge was, by military order, ejected from his -office, and a private citizen was appointed Judge in his place by -military authority, and exercised criminal jurisdiction "over all -crimes, misdemeanors, and offenses" committed within the territorial -jurisdiction of the court. This military appointee was certainly not -authorized, as a member of a military tribunal, to try any one for an -offense; and he had just as little authority, as a Judge of a -criminal court of the State, to try and punish any offender. This -person was sole judge in a criminal court whose jurisdiction extended -to the life of the accused. In capital cases he might well change -places with the criminal, for, if the latter had unlawfully taken -life, so too did the Judge. - -In another district, a military order commanded the nominal Governor -of the State to forbid the assembling of the Legislature, and thus -suspended the proper legislative power of the State. In the same -district an order was issued "to relieve the Treasurer of the State -from the duties, bond, books, papers, etc.", appertaining to his -office, and to put an "assistant quartermaster of the United States -Volunteers" in place of the removed Treasurer. The duties of this -quartermaster-treasurer were thus summed up: He was to make to the -headquarters of the district "the same reports and returns required -from the Treasurer, and a monthly statement of the receipts and -expenditures; he will pay all warrants for salaries which may be or -become due, and legitimate expenditures for the support of the -Penitentiary, State Asylum, and the support of the provisional State -government; but no scrip or warrants for outstanding debts of other -kind than those specified, will be paid without special authority -from these Headquarters. He will deposit funds in the same manner as -though they were those of the United States." These instances will -suffice, although many more might be related. - -Illegal, unjust, and vindictive as were these gross usurpations of -the Congress of the United States in their immediate results, the -consequences which followed were still more disastrous. When the late -Confederate States were restored to representation in Congress, a -large portion of their white citizens remained disfranchised, and the -political power of each was in the hands of the blacks and the -remnant of the whites. Nor was the military force withdrawn, but it -was placed in convenient localities, under the pretext of maintaining -order, but in reality to sustain the new rulers. It must be manifest -that the sovereignty of the people was now extinct, and those ruled -who had the bayonets on their side. With the disfranchised were the -intelligence, the virtue, and the political experience; with the -voters were the ignorance, the lawless passions, and soon a body of -political adventurers from the Northern States, greedy for power and -plunder. These quickly won for themselves the distinctive epithet of -"carpet-baggers". The governments under the control of such popular -sovereigns demonstrated the vindictiveness rather than wisdom of -Congress, and soon brought forth their natural fruits of anarchy, -fraud, and crime. One or two examples must suffice in which to -exhibit these results. - - -The debt of the ten Confederate States in 1874 was as follows: - - Virginia, funded and unfunded . . . . . . . . $45,718,119.73 - North Carolina . . . . . . . . . . . . . . . 38,921,848.05 - South Carolina . . . . . . . . . . . . . . . 9,866,627.35 - Florida . . . . . . . . . . . . . . . . . . . 1,620,809.27 - Georgia . . . . . . . . $8,105,500 funded - 8,000,000 fraudulent 16,105,500.00 - Alabama $10,452,593.30 - 15,051,000.00 railroad endorsement 15,503,593.30 - Mississippi . . . . . . . . . . . . . . . . . 3,558,629.24 - Louisiana . . . . . . . . . . . . . . . . . . 23,933,407.90 - Texas . . . . . . . . . . . . . . . . . . . . 4,012,421.00 - Arkansas . . . . . . . . . . . . . . . . . . 9,561,000.00 - --------------- - $148,801,955.80 - -It is not claimed that all this amount of indebtedness had been -accumulated since the close of the war. Some of the States had debts -previous to the war, but a large proportion of the amount had been -contracted by the spendthrift governments instituted by Congress, and -very little could be found to offset the expenditure. - -Again, in Arkansas, on April 16th, Governor Brooks seized and -occupied the State-House with a body of armed men and two cannon. On -the same day, Governor Baxter proclaimed martial law, and marched -with a body of armed men from St. John's College to the Anthony -House, and established his headquarters there. Guards were placed -along the principal streets, and the State-House was completely -surrounded by a cordon of sentinels. Subsequently, he marched to -attack the State-House, but a body of troops belonging to the -Government of the United States appeared before it. Two so-called -Republican Governors of the State, with their troops, were about to -fight for the executive office. - -In Louisiana, on January 4, 1875, a body of troops of the Government -of the United States, on the order of Governor W. P. Kellogg, marched -into the hall of the House of Representatives of the State -Legislature, while that body was in session, and forcibly seized and -took out five members as not entitled to seats. The General in -command (De Trobriand) then proceeded to eject the Clerk, and -arrested the proceedings of the House. When expostulated with by the -Speaker, he replied: "I am but a soldier. These are my orders." The -members then retired. - -In Mississippi, on December 7, 1874, a serious conflict occurred in -Vicksburg between whites and blacks, which resulted in great loss of -life and caused a widely-spread alarm. It grew out of frauds -committed by public officers. - -Again, during the exciting contest in Arkansas, the Congress of the -United States appointed a committee to investigate the affairs in -that State, and "whether said State had now a government republican -in form, the officers of which are duly elected, and, as now -organized, ought to be recognized by the Government of the United -States." - -On December 24, 1874, the Congress of the United States appointed a -committee to proceed to New Orleans, and investigate the state of -affairs in Louisiana. This committee reported on January 14, 1875, -that "they could not agree upon any recommendation; but, upon the -situation in Louisiana, as it appeared before us, we are all agreed." - -The same Congress, before its adjournment, appointed a committee to -proceed to Mississippi and make an investigation of the state of -affairs there. Thus committees were kept quite busy in traveling back -and forth to these States, and much of the time of Congress was -occupied in discussing their affairs, and in efforts to reconcile the -quarreling factions of so-called Republicans in them, to the great -detriment of the public interests. - -Where now were the unalienable rights of man, and sovereignty of the -people, with their safeguards; a Constitution with limited powers, -the reserved rights of the States, and the supremacy of law equally -over both rulers and ruled? All were gone. - -It will be seen that, through all these proceedings, the Government -of the United States controlled as the sovereign, and sovereignty of -the people was extinct. The measures adopted were those prescribed by -the Government of the United States; and, subordinate to these and -subject to the conditions of these, such others were permitted as the -necessities of the people required. Affairs were not in such disorder -when the Constitution of the United States was adopted. The uppermost -then had come to be the undermost now, and that which was nothing -then had grown to be over all now. Will it always be thus? Was the -inherent sovereignty of the people destroyed by shot and shell? - -The intelligent reader must perceive that this invasion of the -natural and unalienable rights of man, the subjugation of the -sovereignty of the people, the monstrous usurpations of powers not -granted in the Constitution, the trampling under foot of the reserved -rights of the States, the disregard of the supremacy of law, and the -assumption of the sovereignty of the Government of the United States -as the corner-stone of our future political edifice, is a revolution -in our system of Government, deep-seated, reaching to the -foundations, and sending the poisonous waters of despotism throughout -all the branches fed from this fountain. The Confederate States -resisted it from the beginning. They drew their swords for the -sovereignty of the people, and they fought for the maintenance of -their State governments in all their reserved rights and powers, as -the only true and natural guardians of the unalienable rights of -their citizens, among which the most sacred is, that only the consent -of the governed can give vitality and existence to any civil or -political institution. - -This overthrow of the rights of freemen and the establishment of such -new relations required a complete revolution in the principle of the -government of the United States, the subversion of the State -governments, the subjugation of the people, and the destruction of -the fraternal Union. The work has been done. Will it stand? Have the -eternal principles of the Declaration of Independence been hid from -our sight for ever? Or, will they again come forth, "redeemed, -disenthralled, regenerated," and rally the reunited people to shout -in thunder-tones for sovereignty of the people and the unalienable -rights of man? - -It has been shown in previous pages that the State governments were -instituted to be the special guardians of these unalienable rights of -man; but henceforth they must be the sworn defenders of the -Government of the United States, not of the Constitution and laws -enacted in pursuance thereof, but of such interpolations and -perversions of them as, in cases of necessity, that Government should -find it convenient to make. Whenever it pleases, it can set them -aside; and, whenever it wills, it can destroy them. Unalienable -rights are unknown to this war-begotten theory of the Constitution. -The day has come in which mankind behold this Government founding its -highest claims to greatness and glory upon deeds done in utter -violation of those rights which belonged to its own citizens in every -State, North and South. The palladium of the freeman, the Bills of -Rights, the limitations of power, the written Constitutions, have all -lost their sacred authority, and not a man or a State dare, -single-handed, gainsay the will of the agency which, feeling power, -has forgotten right. It has put its hand on the ballot-box, and the -declaration is made that it is not safe to trust the people to vote, -except under the inspection of its authority, after the example set -by the Roman emperors. When the cause was lost, what cause was it? -Not that of the South only, but the cause of constitutional -government, of the supremacy of law, of the natural rights of man. - -[Footnote 131: This incident in the conduct of the Judge recalls a like -exhibition of judicial purity and independence which occurred in the -colonial history of South Carolina, and which I present by extracts -from the charge of Judge William Henry Drayton, delivered November, -1774. Referring to the nature of the civil liberties of the Carolina -colonists, he said: "This is the distinguishing character: English -people can not be taxed, nay, they can not be bound by any law unless -by their consent, expressed by themselves or their representatives of -their own election. This colony was settled by English subjects; by a -people from England herself--a people who brought over with them, -who planted in this colony, and who transmitted to posterity the -invaluable rights of _Englishmen_--rights which no time, no -contract, no climate can diminish. . . . By all the ties which -mankind hold most dear and sacred; your reverence to your ancestors; -your love to your own interests; your tenderness to your posterity; -by the lawful obligations of your oath, I charge you to do your duty; -to maintain the laws, the rights, the Constitution of your country, -even at the hazard of your lives and fortunes. - -"Some county judges style themselves the King's servants, a style -which sounds harshly in my ears, inasmuch as the being a servant -implies obedience to the orders of the master, and such judges might -possibly think that, in the present situation of American affairs, my -charge is inconsistent with my duty to the King. But for my part, in -my judicial character, I know no master but the law; I am a servant, -not to the King, but to the Constitution." . . . In the course of his -charge, he quotes a "learned judge" as saying: "Every new tribunal -erected for the decision of facts, without the intervention of a -jury, is a step toward aristocracy, the most oppressive of absolute -governments; and it is therefore a duty which every man owes to his -country, his friends, his posterity, and himself, to maintain to the -utmost of his power this valuable Constitution in all its rights, to -restore it to its ancient dignity, if at all impaired; to amend it -wherever it is defective, and, above all, to guard with the most -jealous circumspection against the introduction of new and arbitrary -methods of trial, which, under a variety of plausible pretenses, may -in time perceptibly undermine this best preservative of English -liberty."--("American Archives," Fourth Series, vol. i, pp. 959, -960.)] - - - - -CONCLUSION. - - -My first object in this work was to prove, by historical authority, -that each of the States, as sovereign parties to the compact of -Union, had the reserved power to secede from it whenever it should be -found not to answer the ends for which it was established. If this -has been done, it follows that the war was, on the part of the United -States Government, one of aggression and usurpation, and, on the part -of the South, was for the defense of an inherent, unalienable right. - -My next purpose was to show, by the gallantry and devotion of the -Southern people, in their unequal struggle, how thorough was their -conviction of the justice of their cause; that, by their humanity to -the wounded and captives, they proved themselves the worthy -descendants of chivalric sires, and fit to be free; and that, in -every case, as when our army invaded Pennsylvania, by their respect -for private rights, their morality and observance of the laws of -civilized war, they are entitled to the confidence and regard of -mankind. - -The want of space has compelled me to omit a notice of many noble -deeds, both of heroic men and women. The roll of honor, merely, would -fill more than the pages allotted to this work. To others, who can -say _cuncta quorum vidi_, I must leave the pleasant task of paying -the tribute due to their associate patriots. - -In asserting the right of secession, it has not been my wish to -incite to its exercise: I recognize the fact that the war showed it -to be impracticable, but this did not prove it to be wrong; and, now -that it may not be again attempted, and that the Union may promote -the general welfare, it is needful that the truth, the whole truth, -should be known, so that crimination and recrimination may for ever -cease, and then, on the basis of fraternity and faithful regard for -the rights of the States, there may be written on the arch of the -Union, _Esto perpetua_. - - - - -Note.--The publishers are responsible for the orthography of these -volumes. - -[Illustration: Map of Yorktown & Williamsburg, Virginia] -[Illustration: Map of Operations in Kentucky and Tennessee] -[Illustration: Map of Battle of Gettysburg] - - - - -INDEX TO VOL. II. - -_Abandonment of the Peninsula_, recommended by General J. E. -Johnston, 86; a defensive position nearer to Richmond proposed, 86; -the question discussed in a conference of officers, 87; plan of -General Johnston, 87; concentration of all troops, 87; objections, -87; not adopted, 87; measures determined on, 87. - -ADAMS, JOHN QUINCY, Secretary of State, correspondence with the -British Secretary of State relative to the deportation of slaves in -war, 8, 9; on the restoration of slaves captured in war, 163; says -private property, including slaves, can not be taken by the usages of -war, 170. - -_Agents of the State of New York_ to take the vote of her soldiers at -the Presidential election, 492; seized with the votes and locked up -in prison by the orders of the Government of the United States, 492; -the description of the imprisonment, 493. - -_Aggressions_, the authors of, having acquired power, were eager for -the spoils of victory, 160; the series of, about to be consummated, -182. - -_Alabama_, the cruiser, her condition when leaving Liverpool, 250. - -_Alarm at Washington_, created by the operations of Jackson in the -Shenandoah Valley, 105. - -ALDRICH, Judge A. P., arrested, 741; removed by a military officer, -744. - -ANDERSON, General G. B., in command at Sharpsburg, 336. - -ANDERSON, General J. R., placed in observation before General -McDowell be fore Fredericksburg, 101. - -ANDERSON, General R. H., in command at Sharpsburg, 336. - -_Andersonville_, occasion for its selection for the confinement of -prisoners of war, 596; its location, 596; preparations, 596; -treatment, 597. - -_Anomaly among Governments_, the Government of the United States, 453. - -_Arkansas_, proceedings to institute a State Government inaugurated -by order of President Lincoln, 302; his order, 303; the State -Constitution amended by assumption, or by assuming it to be amended, -303; movements in the northern part of the State, 304; further -proceedings, 304; vote for Article XIII of the United States -Constitution, 304; fraud triumphant, 304. - -_Arkansas, The ram_, fight at the mouth of the Yazoo, 242; enters the -Mississippi and runs through the enemy's fleet, 242; description of -the vessel, 243; destined for attack on Baton Rouge, 243; failure of -her engines, 244. - -_Arms and munitions of war_ manufactured in the United States for -Turkey in her late war with Russia, 276. - -_Army of Northern Virginia_, changes of position before Richmond, -101; re turns to the vicinity of Richmond after McClellan reached -Westover, 152. - -_Army of Tennessee_ under General A. S. Johnston, its strength after -fall of Donelson, 39; moves to Murfreesboro, 39; its concentration, -39; joins Beauregard at Corinth, 39. - -_Army of the United States_, new generals assigned to command, and -new departments created, 18; under General McClellan--its size when -reported to be crippled for want of reënforcements, 106; size of our -army, 106. - -_Army of Virginia_, order of President Lincoln creating, 135; the -commander, and the forces, 135. - -ASHBY, General TURNER, commands rear-guard, 112; attacked by -Fremont's cavalry, 112; killed, 112; remarks of General Jackson, 112. - -_Assertion, An_, often made during the war, 451. - -_Atlanta, The_, a cruiser's name changed to Tallahassee, 265; -commanded by Commander John Taylor Wood, 265; her cruise along the -New England coast, 265. - -_Atlanta_ evacuated by General Hood, 563; surrendered by the Mayor to -General Sherman, with the promise that non-combatants and private -property should be respected, 563; Order of Sherman directing all -civilians, mole and female, living in Atlanta to leave the city -within five days from September 5th, 564; Vain appeals of the Mayor -and corporate authorities for a modification of the order, 561; reply -of Sherman, 564. - -_Atrocities of the war_: letter of the President to General Lee, 315; -In the Shenandoah Valley, 531; retaliation of General Early, 531; -Butler's proceedings in New Orleans, 232; Pope's military orders in -Virginia, 313; Sherman's expulsion of the inhabitants of Atlanta, -564; march to Savannah, 570; Sherman's burning of Columbia, 627; the -order of President Lincoln to military commanders, 588; order of -General Pope, 588; letter of General Lee to General Halleck, 589; -efforts of General Hunter to inaugurate a servile war, 589: -proceedings of Brigadier-General Phelps, 589; do. of General Butler, -589; extracts from the official report of Major-General Butler to the -Committee on the Conduct of the War relative to the exchange of -prisoners, 603; extract from the message to the Confederate Congress, -in August, 1862, 707; do. in January, 1863, 707; varied stages of the -war, 708; atrocities of Major-General Hunter in the Shenandoah -Valley, 709; statement of Rev. John Bachman of the devastations of -the enemy in South Carolina, 710-715. - -_Attrition, The policy of_, can hardly be regarded as generalship, or -be offered to military students as an example worthy of imitation, -526. - -BACHMAN, Rev. Dr. JOHN, statement of the devastations of the enemy in -South Carolina, 710-715. - -BANKS, Major-General N. P., exclamation of relief on his escape from -Jackson across the Potomac, 106; succeeds General Butler at New -Orleans, 289; expedition into the Red River country, 541; his force, -543; battles at Mansfield and Pleasant Hill, 543, 544; obtains cotton -in the Red River country, 545. - -BARKSDALE, Brigadier-General WILLIAM, commands the force placed at -Fredericksburg to resist the enemy's crossing, 353. - -BARRON, Captain SAMUEL, commands at Hatteras Inlet, 77; is bombarded -by the enemy's fleet, and capitulates, 77. - -BARRY, Colonel WILLIAM S., commander of the burial party at Corinth, -390; his reception by General Rosecrans, 390. - -_Baton Rouge_, its importance, 243; occupied by the enemy, 243; -attacked, 244; failure of entire success by the breakdown of the ram -Arkansas, 244. - -_Battalion of cadets_, their services at Richmond, 665. - -BEAUREGARD, General P. G. T., takes command in West Tennessee, 51; -moves to Corinth, 51; states cause of delay of movements toward -Shiloh, 55; report of result of first day's battle of Shiloh, 60; his -force at Corinth, 73; his estimate of the enemy, 73; retreats to -Tupelo, 74; declines to let Bragg go to Mississippi, 74; his health. -74; certificates of his physicians, 74; transfers the command to -General Bragg and retires to Bladen Springs. 75; statement of the -case, 765 in command near Drury's Bluff, 511; interview with the -President, 511; position of the forces, 512; movements of the enemy, -513; the affair at Drury's bluff, 513; his proposal for a campaign, -514; assigned to the military division of the West, 566; retreats -toward North Carolina, 630; decides to march to the eastern part of -the State, 630; effect of this move, 630; modifies his proposed -movement, 631. - -_Beaver Dam_, its naturally strong position near Mechanicsville, 134; -engagement near, 134. - -_Belligerents_--in no instance from the opening to the close of the -war did the United States Government speak of us as belligerents, -278; why was it? 278; the signification of the word, combined with -existing circumstances, expressed something it was in no degree -willing to admit before the world, 278; its war was against the -people within the limits of the Confederate States, and were they a -mob or organized political communities? 279; then it was a war -against the States which the world could not justify, 279; opinion of -Justice Green, of the United States Supreme Court, 281; case of the -Santissima Trinidad, 281. - -BENJAMIN, JUDAH P., Secretary, letter to General A. S. Johnston, 40; -report on the proceedings of Generals Floyd and Pillow requested, 40. - -_Berwick Bay_, capture of the works of the enemy at, 419; the spoils -taken, 419. - -_Big Black_ River railroad-bridge, topographical features of the -position, 409; results of the retreat of Pemberton from, 410. - -BLAIR, FRANCIS P., visits Richmond, 612; conversation with the -President, 612; letter given to him, 615; answer of Mr. Lincoln, 615; -return of Mr. Blair, 616 his statements, 616; further movements, 617; -his visit, 618. - -_Blockade The_, its effect upon English manufactures, 344; -intervention of the Governments of France and England to alleviate -the distress, 344; the passiveness of neutral Europe relative to, -373; other blockades compared, 373; facts shown relative to our -ports, 374; Great Britain assumes to make a change in the principles -announced at Paris, 375; dispatch of the British Minister, 375; -illustration of the importance of this change, 375; other matters -injurious to us, 376; letters of the British Government to United -States, 379, 380; marked encouragement given to persevere in the -blockade, 380; statement of the British Government as to the blockade -of the Southern ports, 381; further facts, 381. - -BOWEN, General JOHN S., detached from Vicksburg to Grand Gulf, 397; -retreats toward Grand Gulf, 399; one of the best soldiers of the -Confederate service, 416. - -_Bowling Green_, position of General A. S. Johnston's center turned, -36; the consequences, 36, 37; its evacuation, 37. - -BRAGG, General BRAXTON, commands a division of Beauregard's forces in -West Tennessee, 51; sent from Pensacola, 54; account of Johnston's -efforts, 54; commands a corps at battle of Shiloh, 55; statement of -affairs at battle of Shiloh, 59; ordered to command the department -under General Lovell, 74; Beauregard declines to permit his departure -owing to ill health, 74; receives the command from Beauregard, 75; -report of subsequent proceedings, 75; advances from Tupelo and -occupies Chattanooga, 382; marches from Chattanooga and enters -Kentucky, 383; passes to the rear of General Buell in Middle -Tennessee, 383; thus relieves north Alabama and Middle Tennessee from -the presence of the enemy, 383; issues an address to the people of -Kentucky, 383; gives battle to the enemy at Perryville, 383; losses, -384; falls back before reënforcements to the enemy, 384; takes -position at Murfreesboro, 384; begins the conflict at Murfreesboro, -385; its result, 385; falls back to Tullahoma, 385; takes a position -south of Chattanooga, 429; his movements, 429; concentrates at -Chickamauga, 429; forms his line of battle, 430; the conflict, -431-433. - -_Brazil_, Government of, demands the restoration of the cruiser -Florida, 262; letter of Mr. Seward, 262. - -BRECKINRIDGE, Brigadier-General JOHN C, commands a corps at battle of -Shiloh, 55; commands the attack at Baton Rouge, 244; commands in -south-western Virginia, 527; his movements and skirmishes, 528; -ordered to Hanover Junction, 528; returns, 529. - -BRENT, Major, attacks and captures the gunboat Indianola, 241. - -BROWN, Commander, commands the ram Arkansas, 242. - -BROWN, Major, report of the surrender of Fort Donelson, 34. - -BUCHANAN, Captain FRANKLIN, commands the Virginia, 196; fight at -Hampton Roads, 197; commands the ironclad Tennessee in the conflict -in Mobile Bay, 206. - -BUCKNER, General SIMON, commands a division at Fort Donelson, 29; in -command at Knoxville, 426. - -BUELL, General D. C, assigned to command in Kentucky, 18; his -threatening position, 38; his force after fall of Donelson, 39; moves -his army to join Grant at Pittsburg Landing, 54; progress of his -advance, 54; statement of the condition of Grant's army after the -battle of Shiloh, 70; retreats from Nashville to Louisville, fearing -for the safety of the latter city, 383. - -BULLOCK, Captain JAMES D., his integrity and efficiency as naval -agent at Liverpool, 248. - -_Burglary_, the State government throws its shield over the citizen -for his protection against, 452. - -BURNSIDE, General AMBROSE, commands expedition against the coast of -North Carolina, 79; succeeds McClellan in command of the army, 351; -attempts to throw bridges across the river be fore Fredericksburg, -352; finally crosses and lays his bridges, 353; attacks our army, -354; is repulsed, 355; withdraws, 356; losses, 356; the causes he -assigned for his failure, 356; subsequent inactivity of his army, -357; removed from command, 357. - -BUTLER, General B. F., commands expedition against the coast of North -Carolina, 79; advances to New Orleans, 223; a reign of terror -follows, 232; lands at Bermuda Hundred, 507; makes a raid to Chester, -508; compelled to withdraw, 508; moves out again to Fort Walthal -Junction, 511; repulsed by troops of General Beauregard from -Charleston, 511; commissioner for the exchange of prisoners, 598. - -_Captures on the high seas_, the position taken by Washington and -Jefferson in 1793, 270. - -CAMPBELL, JOHN A., appointed to confer with Mr. Lincoln, 617. - -_Cause, The_, that was lost. What cause was it? 763. - -_Cedar Creek_, Early's battle with the enemy at, 538-540. - -_Cedar Run_, its location, 317; the battle at, 317, 319; the forces, -317; losses, 319. - -_Chambersburg, Pennsylvania_, retaliatory measures inflicted on, 531, -532. - -_Chancellorsville_, forces of the enemy converge near, from the fords -of the Rapidan, 357; Anderson's rear-guard attacked by cavalry, 357; -Lee moves toward, 358; turns the enemy's right, 358; a position of -great natural strength assumed by the enemy, 358; his lines, 358, -359; effort to turn his right flank and gain his rear, 359; to be -done by Jackson with three divisions, 359; success of the movement, -359, 360; the attack in front, 360; Jackson wounded, 360; battle -renewed next day, 361; the enemy retreats toward the Rappahannock, -361; strengthens his position, 361; attack from Fredericksburg on -Lee's rear, 362, 363; battle near Salem Church, 363; attack renewed -on Hooker, 364; enemy recross the river, 364; losses, 364; strength, -365; a brief and forcible account of the battle, 365, 366. - -_Change of plans_, necessary after the fall of Fort Donelson, 39. - -"_Change of base_," by McClellan, explanation of, by the Comte de -Paris, 104. - -_Charge_, against the Government of the United States, 454. - -_Charleston Harbor_, the Confederate naval force in, 204; its -strength and efficiency, 204; exploit of the ironclads Palmetto State -and Chicora, 206; number of torpedoes in the harbor, 208; evacuated -by General Hardee, 629; occupied by the enemy's forces, 630; -condition of Fort Sumter, 630. - -_Chattanooga_, Grant arrives after the battle of Chickamauga and -assumes command, 434; his description of the situation, 434; his -operations, 435; movements of General Hooker, 435; arrival of -Sherman, 435; attack made by the whole force of the enemy's center, -436; get possession of rifle-pits at the foot of Missionary Ridge, -and commence the ascent of the mountain, 436; our forces withdraw, -436; losses, 436; occupied by the enemy, 429. - -_Chickahominy River_, its character and course, 122; rising from -heavy rains, 124; position of General Sumner, 124. - -_Chickamauga_, Bragg concentrates at, 429; forms his line of battle, -430; commencement of the contest, 430; movements of the forces, 431; -Confederate troops engaged, 431; Bragg reorganizes his command, 432; -strength of the opposing forces, 432; Bragg's order of battle, 432; -movement of troops, 433; enemy yields along the whole line, 433; -withdraws at night, 433; his losses, 433. - -CHILTON, Colonel R H., remarks on the talents of General Lee, -displayed in the preparation and command of his army, 129. - -_Cincinnati_, alarm at the approach of General E. K. Smith, 382. - -_Citizens_, Southern, confined in cells to await the punishment of -piracy, 2; peaceful, an indiscriminate warfare waged upon, 2. - -_Citizen's life_, is it in danger? the State guarantees protection, -451; his personal liberty is guaranteed by the State, 451; his -property guaranteed from unlawful seizure and destruction by the -State, 452. - -_Citizenship and the ballot_ is wholly within the control of each -State, 729; efforts of Congress to wrest it from each Confederate -State to confer on the negroes, 729. - -_Civil government in Maryland_, overthrown by the military force of -the United States, 461. - -_Clarence, The_, fitted out as a tender to the Florida, 261. - -CLEBURNE, Major-General, killed at the battle of Franklin, 577. - -_Coast defenses_, the system adopted, 78; topography of the coast, -78; description of the fortifications constructed, 79; several points -captured by the enemy, 79; state of affairs when General Lee assumed -command of the Department of the Carolinas and Florida, 80; his plans -for coast defenses, 80; the system he organized, 80; its success, 81. - -COBB, General HOWELL, arranges a cartel for the exchange of prisoners -with General Wool, 587. - -COLBURN, Colonel, captured at Spring Hill by Generals Van Dorn and -Forrest, 426. - -_Cold Harbor_, fearful carnage of Grant's soldiers, 524; they -sullenly and silently decline to renew the assault, 524. - -_Columbia, South Carolina_, approach of General Sherman's army, 627; -the Mayor surrenders the city, 627; infamous disregard of the -established rules of war, 627; the city burned, 627; attributed by -Sherman to an order of General Hampton to burn the cotton, 627; -denied by General Hampton, 627; his letter, 628; other atrocities of -Sherman's army, 629. - -_Columbus, Kentucky_, threatened by the enemy, 18. - -_Combinations of insurrectionists,_ the Southern people declared to -be, by the United States Government, 2. - -_Conciliatory terms_ offered by the Governor of a State for the sake -of peace, rejected by the United States Government, 2. - -_Confederate Government_, early efforts to buy ships, 245; the -lawfulness of its maritime acts demonstrated, 269; its acts relative -to cruisers sustained and justified by international law, 274; by the -interpretations of American jurists, 274; by antecedent acts of the -United States Government, 274; instances, 275, 276. - -_Confederate States_ regarded by United States Government as in the -Union, 177; yet deprived of all the protections of the Constitution, -177; all their conduct pertaining to the war consisted in just -efforts to preserve to themselves and their posterity rights and -protections guaranteed in the Constitution, 178; their sagacity -vindicated by President Lincoln's emancipation proclamation, 190. - -_Confederate States, The final subjugation of_: when the Confederate -soldiers laid down their arms and went home, all hostilities against -the power of the United States Government ceased, 718; the result of -the contest, 718; a simple process of restoration, 718; rejected by -the United States Government, 718; a forced union, 719; the amnesty -proclamation of President Johnson, 719; the oath required to be -taken, 719; large classes of citizens excluded, 720; its -stipulations, 720; the reason for them, 720; the Government of the -United States proceeds to establish State organizations based on the -principle of its own sovereignty, 720; terms of the next -proclamation, 720; the argument it contained examined, 721; the four -propositions, 721; a provisional Governor appointed for each -Confederate State,723; his duties, 723; to secure a convention to -alter the State Constitution according to the views of the Government -of the United States, 723; instructions to the military authorities, -724; the first movement in Virginia, 724; the so-called Governor, -Francis H. Pierpont, brought from Alexandria and established at -Richmond, 724; new Legislature elected, 726; acts passed, 726; the -amendment to the United States Constitution, prohibiting the -existence of slavery, 726; interference of the military officers of -the United States Government with the administration of civil -affairs, 726; a case under the Civil Rights Bill, 726; a storm -brewing between the President and Congress, relative to affairs of -Confederate States, 726; the plan of the President left the negroes -to the care of the States, Congress desired them to be American -citizens and voters, 726; Congress refused to admit Senators and -Representatives elect from the Confederate States to arrest the -operation of the President's plan and hold these States in abeyance, -727; proceedings of Congress, 727; a Committee of Fifteen appointed, -727; the Freedmen's Bureau Act, 727; the Civil Rights Act, 727; the -fourteenth amendment to the United States Constitution, 723; the -adoption of this amendment by a State Legislature required before its -Senators and Representatives could take seats in Congress, 729; the -question really involved in this amendment, 729; to force from the -State citizenship and the ballot for the negroes, 729; rejected by -Virginia, 729; a new system of measures now adopted by Congress, 730; -the fiction upon which they were based, 730; Confederate States -divided into five military districts, 730; the States held as -conquered territory. 730; possessing no rights unless granted by the -will of the conqueror, 730; terms upon which they could become -members of the Union, 731; supplement to this act requiring -registration of voters, etc., 731; two distinct governments in each -State, one military, the other civil, 732; the military commanders, -732; a second supplement, 732; words of President Johnson on vetoing -the bill, 732; Major-General Schofield assumes command in Richmond, -733; a board of army officers appointed to designate officers for the -registration of voters, 733; interference of the military with civil -and social affairs, 733; military officers appointed over -sub-districts, 734; military regulations adopted, 734; the vote -taken, 734; the so-called Convention assembles, 734; Bill of Bights -adopted, 734; amendments, 735; test-oath of Congress adopted, 735; so -stringent that in some counties men could not be found capable of -filling the offices, 735; words of General Schofield, 735; utter -subjugation of the people of Virginia manifest, 736; President Grant -authorized to submit the stringent amendments to a vote of the people -of the State, by Congress, 736; all the amendments to the United -States Constitution passed by the so-called Legislature, 736; the -Senators and Representatives allowed to take seats in Congress, 737. - -The same series of measures applied in the same order to each -Confederate State, 738; in North Carolina the military commander -issues an order declaring all slaves to be free, 738; other orders, -738; Constitutional Convention, 738; secession ordinance declared -void, 738; payment of the war debt prohibited, 738; Governor elected -and inaugurated, 739; the military commander orders the stay of all -proceedings for the collection of debts, 739; proceedings under the -measures of Congress, 739; so-called Constitutional Convention and -election, 739; the Governor surrenders his office because he has not -power strong enough to keep it, 739; his protest, 740; Constitutional -amendments adopted, 740; Senators and Representatives take seats in -Congress, 740. - -Proceedings in South Carolina, 740; provost-marshals and military -courts detailed for duty all over the State 741; the officers knew -only martial law, 741; interference of the military commander with -the judges of the State courts, 741; the arrest of Judge A. P, -Aldrich, 741; a criminal rescued from the sentence of the law by -military force, 741; the Judge refuses to hold his court, 742; the -State divided into ten military districts, 743; a post-commander -appointed to each, 743; all local officers appointed by the -commanders, 743; military orders issued, 743; details of -registration,743; qualifications of jurors such as to include newly -emancipated slaves, 744; in conflict with the jury law of the State, -744; proceedings of Judge Aldrich, 744; is suspended from office, -744; opens his court, states the circumstances, and declares it -adjourned so long as justice was stifled, 744; a similar instance in -the colonial history of South Carolina, 744; proceedings under the -acts of Congress, and the results, 745. - -In Georgia, the Governor, on the cessation of hostilities, called a -session of the Legislature, 745; the commanding General declares the -proclamation null and void, 745; message to the Governor from the -President of the United States, 746; charged with committing a fresh -crime by his act, 746; proceedings under the provisional Governor, -746; these set aside by the military commander of Congress, 747; an -unsuccessful effort to test the constitutionality of the acts of -Congress, 747; the Governor took part in the effort, 747; called to -an account by the military commander as violating an order of the -latter, 747; the matter of jurors, 747; Judge Reese prohibited from -holding court, 747; proceedings under the acts of Congress, 747; -conflict of the Treasurer and Governor with the military commander, -747; both removed from office by the latter and others appointed, -748; the so-called Convention requests the commanding General to -require the courts to enforce certain of its regulations, 748; one of -the Judges of the Supreme Court refuses, and is removed, 748; other -proceedings completed, and the State declared to be restored to the -Union, 748; it appeared some of the measures were defective as to -giving the ballot to the negro, 748; members of the Legislature -expelled, 748; the State held in abeyance by Congress, 748. - -In Florida, the proceedings commenced and completed under President -Johnson's proclamation, 748, 749; all set aside by the military -commander under the acts of Congress, 749; a so-called Constitutional -Convention assembles, 749; a disgraceful quarrel and split ensue, -749; the majority form a Constitution, 749; the minority, with some -members of the majority, form another, 749; the commanding General -puts his sub-commander in the chair, and the latter Constitution is -adopted, 749; all requisite measures adopted, 749; the State restored -to the Union, 750. - -In Alabama, the proceedings under President Johnson's proclamation -were completed, and State officers elected, 750; the commanding -General suspends the Protestant Episcopal bishop and his clergy from -their functions, and forbids to preach or perform divine service, -750; the fourteenth amendment to the United States Constitution -rejected by an overwhelming majority, 751; proceedings commenced -under the acts of Congress, 751; military orders issued, 751; all -civil officers whatever, who were ex-officers of the Confederacy, -removed and disqualified from registration, 751; municipal officers -removed, 751; police administration suspended in Mobile, 751; -registration completed, 751; Congress declares the condition upon -which North Carolina, South Carolina, Georgia, Florida, Alabama, and -Louisiana shall be admitted to the Union, 752; amendments to the -United States Constitution adopted, 752; conduct of affairs -transferred to the civil authorities, 752. - -In Mississippi, the Governor calls an extra session of the -Legislature, 752; set aside by a proclamation of President Johnson, -752; the system of measures under President Johnson's plan completed, -752; the military commander assumes command, under the acts of -Congress, 752; the question of the constitutionality of the acts -brought before the United States Supreme Court, 752; the opinion of -Chief-Justice Chase, 753; boards of registration organized, 753; -disqualifications of voters most sweeping, 753; object to throw the -entire political power into the hands of the negroes, 753; vast -number of military orders issued, 755; public local officers removed, -and others appointed in their places, 753; the Constitution rejected -by a large majority, 754; the Chief-Justice resigns, 764; his -reasons, 754; the Governor removed, and another appointed by the -military commander, 754; the former refuses to retire, 764; a squad -of soldiers sent to dispossess him, 754; ejected from his house by a -file of soldiers, 754; cause of the rejection of the Constitution, -755; Congress authorizes the President of the United States to submit -the Constitution to another election by the people, 756; sweeping -disqualifications of voters ordered, 755; Constitution ratified, 755; -the constitutional amendments adopted, 755; the State permitted to be -represented in Congress, 755. - -Louisiana continues under the government set up by General Banks, -756; the military commander under the acts of Congress assumes -command, 756; the existing government declared to be only provisional -and subject to be abolished, modified, controlled, or superseded,756; -officers removed, 756; registration ordered, 756; the military -commander fears he shall be obliged to remove Governor Wells, 756; -correspondence with General Grant, 756; the Governor removed and -another appointed, 756; twenty-two members of the City Councils of -New Orleans removed, 757; Sheriff, City Treasurer, Surveyor, justice -of peace removed, 757; declared to be "impediments to reconstruction," -757; newly elected officers not allowed to be installed without -permission of the commanding General, 757; the Governor and -Lieutenant-Governor by military order, now removed, those newly elected -set up by the military commander, 757; all requisitions complied with, -757. - -Texas and Arkansas passed through the same military process as their -sister Confederate States, 757. - -Usurpations of the military commanders, 758; regarded their authority -as comprehensive as the usurpations of Congress, 758; declaration of -United States Attorney-General, 758; instances related, 758, 759; the -disastrous consequences that followed, 759; increase of the debts of -these States, 760; in Arkansas two so-called Republican Governors of -the State with their troops about to fight for the Executive office, -761; in Louisiana a body of troops enter the Legislature in session -and take out five members, 761; in Mississippi a bloody conflict -between whites and blacks, 761; a committee of Congress sent to -Arkansas to "inquire if the State had a government republican in -form," 761; a committee of Congress sent to New Orleans to -investigate the state of affairs, 761; a like committee sent to -Mississippi, 761; where were the unalienable rights of men and the -sovereignty of the people with their safeguards? 762; when the cause -was lost, what cause was it? 763. - -_Conference_ of Generals A. S. Johnston and Beauregard after the loss -of Forts Henry and Donelson, 36; conclusions, 36. - -_Confiscation Act of the United States Congress_, provisions of one -of its most indicative sections, 6; a forfeiture of all claim to -persons held to service, 6; conceded that Congress had no power over -slavery, 6; one of the reserved powers of the States, 7; a -reservation equally in time of war and in peace, 7; forfeiture for -treason does not touch the case, 7; a conviction by trial must -precede forfeiture, 7; the forfeiture can be only during life, 7: -final freedom to slaves can not be thus obtained, 7; other -limitations, 7; due process of law not an act of Congress, 7; words -of Thaddeus Stevens, 8; who pleads the Constitution against our -action? 8; the object of, 164; adjudication, sale, etc, required for -confiscation by national law, 164; compared with the act of Congress, -164; sections of the act of August 6, 1861, 165; do. of the act of -July 17, 1862, 166; amount of property subject to the provisions of -the act, 167; number of persons liable to be affected by it, 167; -another feature of the confiscation act, 168; equally flagrant and -criminal, 168; trial by jury excluded and forfeiture of property made -absolute, 168; heavy fines imposed and the property sold in fee, 168; -treated as traitors and enemies, 169; first object to be secured by -confiscation was emancipation, 169. - -_Conflict, the last armed, of the war_, like the first, a Confederate -victory, 698. - -_Congress, Provisional_, its third session, 3; removal of departments -of the Government to Richmond authorized, 3; cause of removal stated -in the President's message, 3; first efforts of the enemy to be -directed against Virginia, 8; acts at its third session, 6; -proceedings relative to the removal of General A. S. Johnston, 38. - -_Congress, The United States_, conceded that it had no power over -slavery, 6; a power reserved to the States, 7; this reservation -continued in time of war as in peace, 7; the attempt to exercise a -power of confiscation was a mere usurpation, 7; forfeiture for -treason does not reach the case, 7; words of the Constitution, 7; no -forfeiture with conviction, and only during life, 7; article of first -amendment to the Constitution, 7; "due process of law" not an act of -Congress, 7; who pleads the Constitution against our action? 8; in -1862, declares that the struggle is for existence, and the Government -may resort to any measure that self-defense would justify, 159; the -self-defense of the Government, how authorized by the Constitution, -159; slavery declared to be the cause of all the troubles, 159; -inaugural of President Lincoln, 160; commences to legislate for the -abolition of slavery. 160; asserts that it had the power to interfere -with the institution, 160; the plea of necessity, the source of the -power, 161; usurpations embraced in its system of legislation, 161; -the powers granted in the Constitution, 162; to make foreign war, -162; confiscation, 162; international law on the capture of private -property, 163; its conditions compared with the act of Congress, 164; -another alarming usurpation of, 170; the argument advanced for its -support, 170; the theory on which it was based, 170; another step in -the usurpations for the destruction of slavery, 172; emancipation in -the District of Columbia, 172; prohibits that which the Constitution -commands--a most flagrant usurpation, 175. - -_Constitutional liberty_, vindicated by the triumph of the -Confederate States, 14; the wound to the principles of, committed by -the Government of the United States, 279; the crashing blow to the -hopes that mankind had begun to repose in this latest effort for -self-government, 279; sought to palliate the offense by asserting a -fiction that its immense fleets and armies were only a police -authority to put down insurrection, 280. - -_Constitution, The_, every restraint of, broken through by the -Government of the United States, 2; this was declared by the United -States Government to be for the preservation of, 6; the course -attempted to be pursued by it under this pretext of preserving the -Constitution, 6; violations of, under the confiscation act of -Congress relative to private property, 7; violations of, in the -treatment of seized and imprisoned citizens, 14; its provisions -afforded no protection to the citizens, 15; the United States -Government transformed in to a military despotism, 15; what cause for -such acts, 15; answer to the question, 15; powers of, not changed by -circumstances, 161; or by peace or war, 161; do. of the United -States, who were really destroying? 170; theory that it was suspended -by actual hostilities, 170; these gave to Congress sovereign power, -170; new relations of citizens and subject to extraordinary -penalties, 170; power of Congress thus unlimited, 170. - -_Constitution of the United States_, a fatal subversion of, 293. - -_Constitutions, Paper_, of what value are they? 622. - -_Constitution of Tennessee_, was it amended by the consent of the -people of Tennessee, the only sovereigns known under our -institutions, or by consent of the Government of the United States, -the usurping sovereign? 457. - -_Contest, The_, is not over; it has only entered on a new and -enlarged arena, 294. - -CONYNGHAM, Captain GUSTAVUS, commands a cruiser fitted out in France -by United States Government, 275; appointed by filling up a blank -commission from John Hancock, 275; captured and ignominiously -confined, 276; retaliatory measures of United States Congress, 276. - -COOK, Colonel, stands, with Twenty-seventh North Carolina regiment, -boldly in line at Sharpsburg without a cartridge, 336. - -COOPER, Adjutant-General SAMUEL, testimony relative to General -Winder's humane treatment of prisoners of war, 598. - -_Corinth_, our force concentrated at, before the battle of Shiloh, -55; its position, 71; a strategic point of importance, 72; Hallock -advances against it, 72; his precautions, 72; report of Sherman, 72; -intrenched approaches, 73; further report of Sherman, 73; its -position and importance, 387; attempt to capture it by Generals Van -Dorn and Price, 389; battle mainly fought by Price's division, 389; -delay in the attack, 389; course of the battle, 390; fresh troops -arrive to the enemy, 390; our army retires to Chewalla, 390; losses, -390. - -_Cotton_, measures of the United States Government to obtain our -cotton, 343; the necessity for it, 344; words of the British -Secretary of State, 344; efforts of foreign governments to obtain -increased exportation, 344; letter of Minister Adams, 344; letter of -Mr. Seward, 344; military expeditions fitted out by the United States -Government to obtain it, 345; act of the United States Congress to -"provide for the collection of duties, and for other purposes," 345; -sections of the act, 346; the President authorized by proclamation to -forbid all commercial intercourse with any of our States, 346; -forfeiture of all goods _in transitu_, and the vessel, 346; -authorized then to reopen the trade for cotton and tobacco by -licenses to the most suitable persons for the end in view, 347; no -grant of power in the Constitution to Congress to pass such an act, -or to the President to approve, in violation of his oath, 347; a -power reserved to the States to regulate commercial intercourse -between their citizens, 347; the case of Carpenter, who refused to -obtain the required permit, 128; decision of Chief-Justice Taney, -348; a civil war or any other war does not enlarge the powers of the -Federal Government over the states or people beyond what the compact -has given to it, 348; issue of the President's proclamation, 349; -military expeditions fitted out to occupy our ports where cotton and -other valuable products were usually shipped, 349; collectors -appointed and licenses granted, 349; special agents appointed to -receive and collect all abandoned or captured property, 349; views of -General Grant on the operation of this system, 350; our country -divided into thirteen districts from Wheeling to Natchez, 350; a -vigorous traffic, 350. - -_Crime of the Government of Great Britain_, in the eyes of the -Government of the United States, was the recognition of the -Confederate States as a belligerent, 272; letter of Secretary Seward, -277; the unparalleled virtue of a Queen's proclamation, 277; the -effect of one more, 277; a Mexican _pronunciamiento_ 277; -irrationality of United States Government, 278. - -_Crimes and horrors_, how easy for the Northern people, by a simple -obedience to the provisions of the Constitution, to have avoided the -commission of all these! 181. - -CRITTENDEN, General GEORGE B., statement of battle of Fishing Creek, -19; takes command, 19; position of his force, 19; advances to attack -General Thomas, 20; destitution of his men, 21; unsuccessful attack, -21; movements afterward, 21, 22. - -_Cruisers_, Confederate: the Sumter, her career, 247; no secrecy in -building the Alabama, 350; she sails from Liverpool as a -merchant-ship, 250; her name, 250; description of her, 251; changed -to a man-of-war, 251; her armament, 252; her fight with the Hatteras, -253; capture of an Aspinwall steamer, 253; her cruise, 254; arrival -at Cherbourg, 255; the Kearsarge, her size and strength, 356; -description of the fight of the Alabama with the Kearsarge, 256, 257; -comparison of the vessels, 258; the United States Government absurdly -demands from the English Government the rescued sailors, 256; reply -of Lord John Russell, 256; the Georgia, 262; her career, 262; the -Shenandoah, 263; her career, 262; the Nashville, 263; her cruise, -363; the Tallahassee, 364; the Chickamauga, 364; the cruiser Florida, -original name Oreto, 250; difficulty at Nassau; 259; arrives at Green -Kay, 259; changed to a cruiser, 259; sickness and loss of crew, 259; -arrives at Havana, 260; arrives at Mobile, 260; repaired and -equipped, 260; runs the blockade, 261; her cruise, 261; seized in the -port of Bahia, 262; taken to Hampton Roads, 262; sunk by artifice, -263; demand of Brazil, 262; letter of Mr. Seward, 263; the -circumstances of their construction, 270; Minister Adams's claim for -damages, 270; reply of Earl Russell, 270; answer of Mr. Seward to the -declaration, 271; response of Earl Russell, 271; the proceedings of -the Confederate Government relating to, justified by international -law, 274; and by its own antecedent acts, 274; fitting out cruisers -in France during the Revolutionary War, 274; action of Dr. Franklin -and Silas Deane, 275; cruise of Captain Wickes, 275; do. captain -Conyngham, 275; retaliatory action of U. S. Congress, 276. - -_Cumberland Gap_, its position and strength, 427; commanded by -Brigadier-General Frazier, 427; his force, 427: position of General -Rosecrans,427; General Burnside advances from Kentucky, 427; General -Buckner retires, 427; Frazier, seeing the futility of resistance, -surrenders, 427; note in explanation, 427; further movements of the -enemy, 428. - -CUSTER, General, marches on a raid, 504; his object, 504; coöperation -of General Kilpatrick and Colonel Dahlgren, 504; after a feeble -demonstration on some parked artillery, retreats, burning bridges -where there was no one to pursue, 507. - -DAHLGREN, Colonel JOHN, starts with General Kilpatrick, 505; proceeds -to Hanover Junction, thence to the canal West of Richmond, 505; -pillages, destroys dwellings, out-buildings, mills, canal-boats, -grain and cattle, 505; encounters a body of armory men, citizens and -clerks of Richmond, and is routed, 506; retreats, 506; attacked by -the Home Guard of King's and Queen's Counties and is killed and his -force put to flight, 506; papers found on his body, showing his -purposes, 506; his burial, 507; a denial that his conduct was -authorized, 507. - -_Damages for personal injuries_, obtained from the offender by the -State government, 452; claimed by the United States Government -against our cruisers, 283; transfer of ships to foreign owners, 284; -increase in the foreign commerce of the country, 284; decline in -American tonnage, 284; in articles of export, 284; increase in rates -of insurance, 284. - -_Danville_, arrival of the President and Cabinet, 676; routine work -of the departments resumed, 676; proclamation of the President, 676, -677. - -DAVIS, Brigadier-General J. R., movements of his brigade at the -Wilderness struggle, 519. - -DAVIS, Senator GARRETT, remarks on the confiscation act of the United -States Congress, 167. - -DAVIS, JEFFERSON, message at the third session of the Provisional -Congress, 3; the schooner, treatment of her crew by the United States -Government, 11; letter to President Lincoln relative to the crew of -the Savannah, 11; instructions relative to retaliatory measures, 11; -answer to members of Congress that requested the removal of General -A. S. Johnston, 88; letter to General A. S. Johnston on state of -affairs, 41; reply to A. S. Johnston's letter, 47; orders Bragg to -command In Mississippi, 74; detained by Beauregard, 74; command -transferred to him by Beauregard, 74; statement of the case, 75; -letter to General J. E. Johnston on the announcement of his intention -to evacuate the Peninsula and Norfolk, 92; sends General Randolph, -Secretary of War, and Mr. Mallory, Secretary of the Navy, to arrange -for the removal of stores and machinery from Norfolk, 92; -conversation with General J. E. Johnston relative to his plans before -Richmond, 101; letter to General J. E. Johnston, 103; goes to meet -him, and finds the whole army had fallen back across the -Chickahominy, 103; the explanation given, 103; remarks relative to -the situation, 103; dissatisfaction with military affairs around -Richmond, 120; conversation with Lee, 120; had no doubts that -Johnston was fully in accord in the purpose to defend Richmond until -recently, 120; his remark to his volunteer aide, 120; plan of -Johnston, 120; goes to the expected battle-field, 121; proceedings, -122; in danger of going into the enemy's camp, 128; meets General G. -W. Smith, 129; announces the assignment of Lee to the command, 129; -conversations with Lee, 131; plan for the future, 131; conversation -with Lee relative to the movements of McClellan, 132; do. with regard -to that of Jackson, 132; offensive-defensive policy inaugurated, 132; -his address on the defeat of McClellan's army, 311; letter to General -Lee on the action of the military authorities of the United States -changing the character of the war into a campaign of indiscriminate -robbery and murder, 315, 316; letter to General Lee in Maryland, 333; -letter to Governor Pettus to get every man into the field, 400; sent -a dispatch to General Bragg for aid for Vicksburg, 411; reply, 412; -response, 412; importance of Vicksburg and Port Hudson, 422; anxiety -of the Administration to hold them, 422; visits Hood's headquarters, -565; his views, 565; conference at Augusta with Beauregard and -others, 566; reply to Hood's change of programme, 569; letter to -President Lincoln, relative to prisoners captured in our privateers, -583; order relative to General Pope, 588; issues retaliatory orders -relative to Generals Hunter and Phelps, 590; efforts to seek an -adjustment of difficulties relative to the exchange of prisoners -through the authorities at Washington, 591; appoints Vice-President -Stephens as a commissioner, 591; letter of instructions, 591; letter -to President Lincoln, 593; the result, 595; conference with General -Lee on the state of affairs, 648; the programme adopted, 648; -receives a telegram from General Lee, advising the evacuation of -Richmond, 661; unprepared state of transportation, 661; receives -notice of General Lee's withdrawal, 667; arrangements, 667; starts -for Danville, 686; arrival, and resumption of routine labors, 676; -issues a proclamation, 676, 677; proposes a conference with General -J.E. Johnston, in North Carolina, 678; his letter, 678; they meet at -Greensboro, 679; state of affairs, 679; object of the conference, -680; proceedings at the conference, 680; conference between Johnston -and Sherman assented to, 681; the route of retreat, 681; supplies -placed on the route, 682; letter of General St. John, 682; do. of -Major Claiborne, 682; proceeds to Charlotte with his Cabinet, 683; -news of the assassination of President Lincoln, 683; remarks, 633; -obtains an increased cavalry force, 684; correspondence between -Generals Johnston and Sherman, 684; Sherman's interview with -President Lincoln, 684; result of the conference with Sherman, 685; -memorandum of agreement, 686; the agreement, a military convention, -687; approved, 687; letter to General Johnston, 688; the basis of -agreement rejected by the United States Government, 689; instruction -to General Johnston, 689; disobeyed, 689; proceeds from Charlotte, -690; statements of General Johnston, 690; explanation, 691; Johnston -surrenders to Sherman, 692; difference in the condition of his army -from Lee's, 692; the former's line of retreat open, and supplies on -it, 692; importance of continued resistance, 693; statement of -General Taylor, 694; the Executive should have been advised, 694; -further movements of the President, 694; his companions, 694; first -information of Johnston's surrender, 695; a small escort selected, -695; Secretary Reagan transfers the money in the Confederate Treasury -to the financial agent who had incurred liabilities, 695; Johnston -could not have been successfully pursued by Sherman, 696; -considerations, 696; thus foiled the enemy's purpose of subjugation, -696; purpose of the President, 697; forces in the trans-Mississippi -Department, 697; General E. K. Smith's address to his soldiers, 697: -the other forces of the Confederacy, 698; surrenders east of the -Mississippi, 698; the lost armed conflict of the war, 698; surrender -of General E. K. Smith, 698; the total number of prisoners paroled at -the close of the war, 699; the Shenandoah the last to float the -Confederate flag, 700; further movements of the President, 700; turns -aside to find his family; 700; apprehensions of on attack of -marauders, 701; preparations to leave, 701; awaiting nightfall, 701; -approach of the enemy, 701; surprise and capture, 701; some of the -escort escape, 702; pillage and annoyances, 703; taken to Macon, 703; -proceed to Port Royal, 704; transferred in a steamer and taken to -Hampton Roads, 704; imprisoned in Fortress Monroe, 704. - -_Delegation from the prisoners_ sent from Andersonville to plead -their cause before the authorities at Washington, 602; President -Lincoln refuses to see them, 602; the answer that the interests of -the Government of the United States required that they should return -to prison and remain there, 602; letter from the wife of the chairman -of the delegation, 603; letter from a prisoner, 603. - -"_Delightful excitement_," exclamation of Jackson in the hottest of the -battle at Port Republic, 115. - -_De Russy, Fort_, token possession of, by the enemy, 542. - -_Destruction of our institutions_, the powers of a common government, -created for the common and equal protection to the interests of all, -were to be arrayed for, 182. - -_Distinction in its nature and objects_ between the Government of the -States and the State governments, 454, 455. - -_District of Columbia_, act of Congress of United States to -emancipate slaves in, 172; right of private property guaranteed in, -by the Constitution, 173; its words, 173; conditions on which such -property might be taken under the Constitution, 173. - -_Disunion, bloodshed, and war_, the consummation verbally of the -original antislavery purposes attended with, 188. - -DIXON, Lieutenant, as an engineer examines and reports on the sites -and condition of Forts Henry and Donelson, 24. - -_Donaldsonville_, a battery elected at, which interrupts river -navigation by the enemy, 420. - -_Donelson, Fort_, reason for the selection of the site, 24; its -position, 24; report relative to the fort, 24; details of the fort -and its situation, 28; officers in command, 29; strength of force, -29; the attack, 29; fire of a gunboat, 29; boat disabled, 29; attack -of the ironclads--all their advantages overcome by our heavy guns, -30; scatter destruction through fleet, 30; it retires to Cairo for -repairs, 30; their loss, 31; effect of their fire on our batteries, -31; reënforcements to the enemy, 31; plan of the Confederate -generals, 31; condition of things, 31; vacillation of our commanders, -32; the first success and subsequent loss, 32; consultation of the -commands, 33; condition of the troops, 33; the command transferred to -General Buckner, 33; Generals Pillow and Floyd retire, 34; part of -General Floyd's force left behind, 34; advantages gained by the -enemy, 34; surrender, 34; effects, 36. - -_ Donelson and Henry_, the consequences of their loss, 36; change of -plans, 39. - -_Drury's Bluff_, a defensive position on the James River, 102; -enemy's fleet open fire on the fort, 102; injuries to the fleet, 102; -report of Lieutenant Jeffers, 102; its position and works, 511; -General Beauregard in command, 511; the battle with Butler's force, -512-514. - -"_Due diligence_"; on this foundation was based the claim for damages -by the United States Government at the Geneva Conference, 278. - -"_Due process of law_" assumed by the United States Government to -mean an act of Congress, 7. - -DUNCAN, General, had command of the coast defenses at New Orleans, -212; his report of the passage of the forts below New Orleans by the -enemy's fleet, 215; do. on their skillful and gallant defense, 216; -address to the garrisons, 217. - -_Duration of the Government of the United States_, to have declared -it perpetual would have destroyed the sovereignty of the people, -which possesses the inherent right to alter or abolish their -Government when it ceases to answer the ends for which it was -instituted, 45. - -EARLY, General JUBAL E., remarks on the line of defense constructed -by General Magruder at Warwick River, 86; resists the enemy at -Yorktown, 89; report of his conflict before Williamsburg with a force -under General Hancock, 95; further statements, 96; badly wounded and -obliged to retire, 96; engaged at the battle of Cedar Run, 817; -commands Ewell's division at Sharpsburg, 336; resists the attacks of -the enemy on Fredericksburg, 362; regains his former position, 363; -with a force drives Hunter out of the Valley, and advances to the -Potomac and crosses, 529; sends a force to strike the railroads from -Baltimore to Harrisburg, 529; puts to flight a body of troops under -Wallace, 529; approaches Fort Stevens, near Washington, 530; too -strong to assault, 530; recrosses the Potomac, 530; attacks the enemy -at Kernstown, 531; moves to Martinsburg, 531; appearance of Sheridan -with a large force, 533; Early attacks his force near Winchester, -533, 534; retires to Newton, 535; escapes annihilation by the -incapacity of his enemy, 536; withdraws up the Valley, 536; -subsequently moves down the Valley again, 536; the destruction caused -by Sheridan's orders, 536; Early reaches Fisher's Hill, 536; attacks -the enemy at Cedar Creek, 537; his plan, 537; the battle, 538; his -success and subsequent disaster, 540; his losses, 541; subsequently -confronts Sheridan's force north of Cedar Creek, 541; other attacks, -541. - -_Edith, The_, a cruiser, name changed to Chickamauga, 265; runs the -blockade under a full moon, 265; her cruise, 265. - -_Election, The_, in 1861, officers of the Provisional Government -chosen for the permanent Government, 17. - -_Elections in Maryland_, interfered with by an armed force of the -United States Government, 464, 465. - -_Elkhorn, or Pea Ridge, battle of_, 50; its object, 51; losses, 51. - -ELLIOTT, Colonel STEPHEN, Jr., refused to be relieved at Fort Sumter, -204; salutes his flag on evacuation, 204. - -_Elon, Mount_, General Butler defeats a detachment of Sherman's force -sent to tear up the railroad at Florence, 635. - -_Emancipation_, efforts of United States Congress to effect -emancipation of slaves by confiscation, 7; violation of the -Constitution, 7; efforts to effect by pillage and deportation, 8; by -President Lincolns order to military; commanders, 9; by Generals -Fremont and T. W. Sherman, 10; the first object to be secured by the -confiscation act, 169; the coöperation of the United States, -recommended by President Lincoln, 179; his reasons, 179; to be -consummated under the war-power, 179; as artful scheme to awaken -controversy in the Southern states, 179; measure approved by -Congress, 180; the terms proposed, 180, expressly forbidden by the -Constitution, 180; order of General Hunter countermanded as too soon, -181; the President claims the right to issue such a one, 181; the -proposition of emancipation with compensation, 183; its failure in -Congress, 184; the preliminary proclamation, 187; its terms, 186; the -necessity for it examined, 187. - -_Enemies and traitors_, the twofold relation in which the United -States Government sought to place us, 169; its practical operation, -169. - -_Englishmen_ cheer the Virginia in Hampton Roads, 201. - -_Events, Review of_, that brought such unmerited censure on General -A. S. Johnston, 48. - -_Evidence, Fabrication of_, attempted by some of the authorities of -of Washington in order to compass the death of the President of the -Con federate States, 498, 499; the investigation and report before -the United States Congress, 500. - -EWELL, General, engaged at the battle of Cedar Run, 317; unites with -General Jackson for operations in the Shenandoah Valley, 106; -conflict with Fremont near Harrisonburg, 113; serving as a gunner, -116; repulses the enemy at Bristoe Station, 323; commands the Second -Corps of Lee's army, 437; storms Winchester, and captures or puts -Milroy's army to flight, 439; enters Maryland, 439; encamps near -Chambersburg, Pennsylvania, 440; occupies the left at Gettysburg, 443. - -_Facts on record_, such as will make our posterity blush, 167. - -FARRAGUT, Commodore, commands the enemy's fleet at New Orleans, 214; -its strength and numbers, 214; report of his passage of the forts, -216; sends a detachment to hoist the United States flag on New -Orleans Custom-House, 231. - -FARRAND, Commander, commands at Drury's Bluff, 102. - -_Fayetteville, North Carolina_, Sherman's army approaches, 632; -brutality of his forces, 632, 633; description of Sherman's march by -his historian, 633; "the pleasurable excitements of the march," 634. - -FERGUSON, General, drives off the enemy that seek to get to the -Yazoo, 395. - -"_Fire up the Northern heart_," what was signified by the expression, -386. - -_Fisher, Fort_, a movement by a force from Grant's army with the -fleet to attack below Wilmington, 645; an attempt to destroy it by -the explosion of a powder-ship, 645; its failure, 645; subsequently a -renewed attempt, 645; the attack, 645; surrender of the fort, 646. - -_Fishing Creek_, the battle of. 19; statement of General Crittenden, -19; the battle a necessity, 21; the case considered, 22; causes of -the ill success, 22; retreat of our force, 23; the question of -crossing to the light bank of the Cumberland considered, 23. - -_Five Forks_, a strong position on Lee's line assaulted and carried -by the enemy, 655. - -_Five thousand million dollars_, amount of property subject to be -acted on by the provisions of the confiscation act of the United -States Congress, 167. - -FIZER, Lieutenant-Colonel, his bold expedient to resist the crossing -of the enemy at Fredericksburg. 353. - -_Flag, The Confederate_, the Shenandoah the last to float it, 700. - -_Flagrant violation of the Constitution, Another_, the discharge of a -fugitive under the confiscation act, 176; words of the act, 176. - -FLANDERS, Messrs., citizens of New York, 482; incarcerated by the -Government of the United States in Fort Lafayette, 482; required to -take an oath of allegiance before the Government permitted their case -to be investigated, 482; the oath, 483; their refusal, 483; their -reasons, 483. - -_Fleet of the enemy_, prepared for moving down the Mississippi River, -75; its progress, 76. - -FLOYD. General, commands at Fort Donelson, 29; retires from Fort -Donelson, 34; correspondence relative to his conduct at Donelson, 40, -41. - -_Forces, The United States_, number of men brought into the field by -the Government of the United States during the war, 706. - -_Foreign powers_, our States falsely represented in every court of -Europe, 2; adopt a position of neutrality, 12. - -_Foreign relations_, recognized by leading European Governments as a -belligerent, 368; principles upon which the States were originally -constituted and upon which the Union was farmed explained, 368; -commissioners early sent abroad by us, 368; previous communications -of the Government of the United States assuming the attitude of a -sovereign over the Confederate States, and threatening Europe if it -acknowledged it as having an independent existence, 369; error of -European nations, 369; answer of foreign Governments in consequence, -369; re fuse to side with either party, 369; the consequence--a -prolongation of hostilities, 370; other matters in which less than -justice was rendered to us by "neutral" Europe, and undue advantage -given to the aggressors, 370; both parties prohibited from bringing -prizes into their ports, 370; the value of the weapon thus wrested -from our grasp, 371; their policy in reference to the blockade was so -shaped as to cause the greatest injury to the Confederacy, 371; -declaration of principles of the Paris Congress, 372; proposals that -the Confederacy should accede to it, 372; acceded to, with the -exception of privateering, 873; reasons for the exception, 373; the -passiveness of "neutral" Europe relative to its declaration, 373; the -pretension of blockading thousands of miles, 373; other blockades, -373; facts shown, 374; the mediation proposed by France to Great -Britain and Russia, 376; dispatch of the French Minister, 376; reply -of Great Britain, 378; reply of Russia, 378; communication to the -French Minister at Washington by his Government, 378; the initiative -of all measures left by foreign powers to the governments of France -and Great Britain, 379. - -FORREST, Colonel N. B., at Fort Donelson, 34; interview with Major -Brown, 34; his expedition from North Mississippi to Paducah, -Kentucky, 550; ordered to strike the railroad from Nashville to -Chattanooga, 566; his movements with General Hood's army, 574; sent -to Murfreesboro, 577. - -_Forty-two regiments and two batteries_ sent by the Government of the -United States into the State of New York to maintain the subjugation -of its sovereign people, 490. - -_France_, her proposed mediation between the belligerents, 376. - -FRANKLIN, General, his division disembarked before the evacuation of -York town, 90; his force reembarks after the evacuation of Yorktown, -97; lands near West Point and threatens the flank of our line of -march, 98. - -FRAZIER, Brigadier-General I. W., commands at Cumberland Gap, 427; -approach and strength of the enemy, 427; seeing the inutility of -resistance, surrenders on demand of General Burnside, 427; a note in -explanation by the author, 427. - -_Frazier's Farm_, the battle at, one of the most remarkable of the -war, 146; strength of forces, and losses, 147. - -_Fredericksburg_, its situation, 352; the enemy attempt to lay -bridges and cross the Rappahannock, 352; repulsed, 352; our troops -withdrawn and bridges laid, 352; attack and repulse of Burnside's -army, 354, 355; withdraws at night, 356; losses, 356; strength of -opposing forces, 356. - -_Free consent of the governed_, the only source of all "just powers" -of government, 452. - -FREMONT, General JOHN Cl, issues a proclamation confiscating real and -personal property in Missouri, 10; repulsed at Strasburg with ease, -111; follows and attacks General Ashby, 112. - -_Fugitives_, their forfeiture ordered, 2; military commanders -forbidden to interfere in their restoration, 2. - -_Galveston_, summoned to surrender, 232; the reply, 232; the state of -affairs, 233; subsequent approach of the enemy, and occupation of the -city, 233; arrival of General Magruder, 233; gathers a force to -attack the enemy, 233; protects his steamboats with cotton-bales, -234; attacks the fleet, 234; captures the Harriet Lane, 234; demands -a surrender of the enemy's fleet, 234; it escapes under cover of a -flag of truce, 235. - -GARDNER, Major-General, in command at Port Hudson, 395; yields Port -Hudson to General Banks after the capitulation of Vicksburg, 420; his -gallant defense, 421. - -GARFIELD, JAMES A., commands in north eastern Kentucky, 18. - -_Geneva Conference_, adjustment proposed by Great Britain, 283; -results in the Geneva Conference, 283; the ground of its action, 283. - -_Georgia_, the campaign of 1864; General J. E. Johnston ordered to -the command of the Army of Tennessee at Dalton, 547; total effective -strength of the army, 547; positions of the enemy, 547; an onward -movement demanded, 548; considerations relative thereto, 548; do. -presented to General Johnston, 548, 549; his approval of an -aggressive movement, 548; his proposition, 549; prompt measures taken -to enable him to carry out his proposition, 549; no movement at -tempted, 550; Sherman advances against him, 550; official returns of -the strength of the army, 550; efforts of the Government to -strengthen Johnston, 551; his position, 551; hopes of the country, -551; he withdraws from Dalton and falls back to Resaca, 552; the -position, 552; falls back from Resaca to Adairsville, 552; his -reasons, 552; a further retreat to Cassville, 553; a coming battle -announced, 553; it did not take place, 553; another retreat beyond -Etowah, 553; the position in rear of Cassville held by Generals Polk -and Hood, 553; the next stand at Alatoona, 553; Marietta evacuated, -553; the state of the country between Dallas and Marietta, 553; -engagements at New Hope Church, 554; the next stand made by General -Johnston between Acworth and Marietta, 554; character of the country, -554; death of Lieutenant General Polk, 554; brisk fighting for some -days, 555: the pressure on General G. W. Smith, 555; falling back to -the Chattahoochee, 555; losses of mills, foundries, and military -stores in these retreats, 555; position of the enemy, 555; questions -upon which there has been a decided conflict of opinion, 556; the -extreme popular disappointment, 556; the possible fall of the "Gate -City" produced intense anxiety, 556; the removal of General Johnston -demanded, 556; apprehensive of disasters that might result from it, -556; the clamors for his removal, 557; Johnston relieved and Hood -appointed, 557; letter of Hon. B. H. Hill, 557; Hood assumes command, -561; his effective strength, 562; resolved to attack the enemy, 562; -the movement fails, 562; attacks McPherson's corps, 562; various -successful expeditions, 562; Sherman moves to the south and southwest -of Atlanta, 562, 563; evacuation of Atlanta a necessity, 563; Hood -marches westerly, 563; Atlanta surrendered Sherman, 563; inhabitants -expelled by Sherman and robbed by his soldiers 564; the enemy -inactive, 564; Hood's report of the state of his army, 564; visit of -the President to his headquarters, 565; view of the situation, 565; -efforts to fill up the army, 565; action of the Governor of Georgia, -565; exemption of citizens from military service, 566; Hood moves -against the enemy's communications, 566; Forrest ordered to strike -the Nashville road, 566; improvement in the condition of Hood's army, -567; the plan of operations discussed, 567; opinion of General -Hardee, 568; proceeding: of Beauregard, 568; movements of Hood, 568; -withdraws toward Gadsden, 569; conference with Beauregard, 569; -decides to march into Tennessee, 569; telegram of General Beauregard, -569; change of programme, 569; reply, 569; Hood crosses the -Tennessee, 570; the movement ill advised, 570; Sherman's destructive -march, 570; moves from Atlanta, 571; harassed by Wheeler's cavalry, -571; Hardee at Savannah, 572; Sherman reaches Savannah, 572; Fort -McAllister taken, 572; preparations of the enemy to bombard Savannah, -572; Hardee evacuates, 573. (See HOOD, General J. B.) - -_Gettysburg_, the enemy met in from Gettysburg and driven through the -town, 440; instructions given not to bring on a general engagement, -440; statement of General Pendleton, chief of artillery, 441; -preparations for general engagement delayed, 442; the position at -Gettysburg, 442; main purpose of the movement across the Potomac, -442; Lee decides to renew the attack, 443; the position of our line, -443; the conflict of the second day, 443; Lee determines to continue -the assault, 443; general plan unchanged, 443; the continued -conflict, 444; its results, 444; army retires, 444; prisoners and -loss, 444; strength of forces, 446; the wisdom of the strategy -justified the result, 447; the battle was unfortunate, 447; -considerations, 447; most eventful struggle of the war, 448. - -GLASELL, Com. W. T., attacks the New Ironsides frigate with -torpedoes, 208. - -_Gloucester Point_, its position, 83; McClellan urges an attack in -rear, 85; a detachment could have turned it, 90. - -GORDON, General JOHN B., selected to command the sortie against Fort -Steadman, in Grant's lines before Petersburg, 649; its result, 649; -his letter furnishing details, 650-654. - -_Government permanent, The_, its inauguration welcomed, 1. - -_Government of the United States_, rejected adjustment by -negotiation, and chose to attempt subjugation, 5; the course how -pursued, 5; recognized the separate existence of the Confederate -States by an interdictive embargo and blockade of all their commerce -with United States, 5; manner in which the war was conducted, 5; not -a government resting on the consent of the governed, 6; tendency of -its actions directly to the emancipation of slaves, 9; caution of -General McClellan, 9; instructions to General T. W. Sherman, in South -Carolina, to receive all persons, whether slaves or not, 10; other -orders, 10; willing to accede to the terms of the Treaty of Paris, -12; its offer declined by foreign powers, 13; the terms upon which -the offer was made, 13; its object, in 1862, to assail us with every -instrument of destruction that could be devised, 158; all its efforts -directed to our subjugation or extermination, 159; the aid of -Congress called in, 159; did acts which it was expressly made in the -Constitution its duty to prevent, 176; words of the Constitution, -177; what all its acts consisted in, 178; has no natural rights, 181; -insincerity of her complaints to Great Britain for the construction -of our ships, 249; statement of Mr. Laird, 249; employed its -war-vessels to catch blockade-runners instead of capturing our light -cruisers on the ocean, 266; action of its State Department, 266; -appeals to Great Britain to prevent the so-called pirates from -violating international law, 267; a mortifying exhibition of -deception and unmanliness, 267; reclamation sought for, 267; what -international law recognizes, 267; effort of the United States -Government to contract in England for the construction of iron-plated -vessels, 268; other proceedings, 268; statement of Lord Russell, 268; -United States Government profited most by unjustifiable war -practices, 268; upon its interference, a State government immediately -ceases to be republican, 310; its acts of reconstruction entirely -unconstitutional, revolutionary, subversive of the Constitution, and -destructive of the Union, 310; what is it? 453; an organization of a -few years' duration, 453; it might cease to exist, and the States and -people continue prosperous, peaceful, and happy, 453; it sprang from -certain circumstances in the course of human affairs, 453; has no -warrant or authority but the ratification of the sovereign States, -453; unlike the governments of the States instituted for the -protection of the unalienable rights of man, it has only its -enumerated objects, 453; it keeps no records of property, and -guarantees no possession of an estate, 453; marriage it can neither -confirm nor annul, 453; partakes of the nature of an incorporation, -453; right of the people to alter or abolish it, 453; its duration, -454; objects, 454; distinct in its nature and objects from the State -governments, 454; its true character and intentions toward us -exposed, 580; aspirations for dominion and sovereignty, 581; the term -"loyal," its signification, 581; meaning of President Lincoln's -words, 581; hope of mankind in constitutional freedom be for ever -lost, 582; the foundation of the war, 582; the issue for which we -fought, 582; why we were called rebels, 582. - -GRANT, General U. S., starts from Cairo with a force to attack Fort -Henry, 26; strength of his force, 26; his movements, 26; moves to -invest Fort Donelson, 29; strength of his force, 29; takes command at -Pittsburg Landing, 52; condition of his army after the battle of -Shiloh, 70; masses a heavy force along the Memphis and Charleston -Railroad, 391; moves south and camps near Water Valley, 391; country -teeming with forage, 391; his object, 391; moves down the Mississippi -to Young's Point, 393; retreat to Memphis compelled by Van Dorn's -destruction of supplies at Holly Springs, 393; attempt to pass to the -rear of Fort Pemberton, 394; do. to enter the Yazoo above Haines's -Bluff, 395; Grant's army, 395; attempts to cut a canal, 396; -unsuccessful, 396; another at attempt to cut one near Milliken's -Bend, 596; lands below Vicksburg, 398; advances into Mississippi to -strike either Jackson or Vicksburg, 399; his expectation of an attack -in his rear by General Johnston, 423; preparations to resist it, 423; -statement of an officer of his army, 424; arrives at Chattanooga and -assumes command, 434; his description of the situation, 434; his -first movement, 435; other operations, 436; his plan of campaign -revealed, 510; to connect with the army of Butler on the south side -of the James, 510; appointed lieutenant-general, 515; assumes command -of armies of United States, 515; his reënforcements, 515; position of -Lee's and Grant's forces, 515; movements open to the choice of -General Grant, 516; the movement which was made, 516; Grant -encountered in the Wilderness, 516; movements of Grant to cross the -Rapidan, 516; his contest in the Wilderness, 517-520; moves to -Spottsylvania Court-House, 520; the battle there, 520, 521; heavily -reënforced, 522; his blunder at Hanover Junction, 523; crosses the -Pamunkey, 524; moves to Cold Harbor, 524; attempts to pierce or drive -back Lee's forces, 524; fearful carnage of his soldiers, 524; his -soldiers sullenly and silently decline to renew the assault, 524; his -force before he crossed the Rapidan, 525; his losses from the -Wilderness to Cold Harbor, 525; statement of Swinton, 525; crosses -the James and concentrates at Petersburg, 525, 526; makes a campaign -of a month and sacrifices a hecatomb of men, 526; his instructions to -General Butler relative to the exchange of prisoners, 599; replies to -General Lee's letters, 599, 600; dispatch to General Butler, 600; -seeks a new base on the James River, 637; advances to Petersburg, -637; the purpose of his campaign, 646; two plans open for him in the -attack on Petersburg, 646; the campaign of 1865, 647. (See -_Petersburg_.) - -_Great Britain_, her treatment of private property in wars with us, 8. - -_Greece_, recognition of her independence by the United States -Government in the war with Turkey, 276. - -GREEN, Brigadier-General MARTIN, attacks the enemy landing below -Vicksburg, 398; one of the best soldiers ii the Confederate service, -416; died a Vicksburg, 417. - -GREGG, Brigadier-General, attacked by a large body of the enemy near -Vicksburg, 404. - -_Gregg, Battery_, makes an obstinate defense with a small force, 655. - -GRIERSON, Colonel, his raid through Mississippi, 399. - -GRIFFITH, Brigadier-General RICHARD, killed near Savage Station, 141. - -_Gunboats_, efforts to construct, on the Tennessee River, 25; the -fleet prepared by the United States Government, 25; of the enemy -disabled and defeated at Fort Donelson, 30; the terror inspired by -them in the early period of the war, 240; successful contests with -them by river-boats impaired the estimate put upon them, 240; the -appearance of the Indianola, 240; fight with the Webb and Queen of -the West, 241; captured, 241; the ram Arkansas, 242; fight in the -Yazoo, 242; on the Mississippi, 242. - -_Haines's Bluff_, attempt of General Sherman to reduce our work at, -and gain the rear of Vicksburg, 392; unsuccessful, 393. - -HALLECK, Major-General H. W., assumes command of the enemy's forces -at Shiloh, 71; advances on Corinth, 71; assigned to command by enemy -in the West, 18; his threatening position, 18. - -HAMILTON, ALEXANDER, statement regarding war between the States, 5. - -HAMPTON, General WADE, attacks Kilpatrick at night, and routs his -force, 503; letter relative to burning cotton, 628; successes against -the enemy at and near Fayetteville, North Carolina, 635; endeavors to -obtain his cavalry, 689; finds it surrendered with Johnston's army, -689. - -HANCOCK, General, commands an assault at Williamsburg, 94; chivalric -remark respecting the Fifth North Carolina and Twenty-fourth Virginia -Regiments, 96. - -_Hanover Junction_, the peril of Grant's army near, 523. - -HARDEE, General W. G., commands a corps at the battle of Shiloh, 55; -holds Savannah, 571; conflict with the enemy at Bentonville, North -Carolina, 636. - -HARRIS, Governor ISHAM G., on the skill of General Hood in his -campaign, 580. - -HARVIE, LEWIS E., efforts to increase the capacity of the Danville -Railroad after the loss of the Weldon, 673. - -_Hatteras Inlet_, its position and strength, 77; attacked by military -and naval expedition of the enemy, 77; it capitulates, 77. - -HAYES, General, his regiment sadly cut up, 116; explanation, 116. - -_Hecatomb of men_ sacrificed by General Grant to reach a position to -which McClellan had already demonstrated there was an easy and -inexpensive route, 526. - -_Henry, Fort_, its position, 24; report relative to, 24; its -condition, 24; strength of our force at, 26; attacked by the enemy, -26; defended by seventy-five men while our main body retire to Fort -Donelson, 26; cannonade of the ironclads, 26; response of the fort, -27; damage to the enemy's fleet, 27; our losses, 28; surrender of the -fort, 28. - -HETH, General, stubborn resistance made by his division, 518. - -HIGGINS, Colonel, in command at the forts below New Orleans, 211; his -skill and gallantry in the defense, 218. - -_Highwayman, The_, is he henceforth to be the lord of the highway? -183. - -HILL, General A. P., advances upon Mechanicsville, 134; forces the -enemy to take refuge on the left bank of Beaver Dam, 134; reaches New -Cold Harbor, 136; becomes hotly engaged, 137; continues the pursuit -to Frazier's Farm, 142; his gallant bearing at Frazier's Farm, 146; -engaged with his division at the battle of Beaver Run, 319; reaches -Sharpsburg and reënforces General Jones in the battle there, 337; -commands the rear-guard as the army retires from Sharpsburg, 342; -drives the enemy into the Potomac, 342; his report, 342; commands the -Third Corps of Lee's army, 437; occupies the line in front of -Fredericksburg, 438; leaves for the Valley, 439; crosses the Potomac, -440; occupies the center at Gettysburg, 443; penetrates an interval -of Grant's force at Petersburg and inflicts great loss, 639; killed -in action, 655. - -HILL, Hon. BENJAMIN H., his letter relative to interviews with -General Johnston and President Davis, 557-561. - -HILL, General D. H., his services at Seven Pines, 125; forms on the -extreme left of the line, 137; drives the enemy in confusion toward -the Chickahominy, 138; gallantly engages the enemy at Malvern Hill, -168; crosses the Potomac and encamps near Frederick, 330; crosses -South Mountain and moves toward Boonesboro, 330; his position at the -battle of Sharpsburg, 335; stationed near Fredericksburg, 351. - -HOKE, General, moves against the enemy attacking Fort Fisher, 646; -retires with his small force, 646. - -HOLLINS, Commander, aids with gunboats to repulse Major-General Pope -at New Madrid, 76; commands our squadron at New Orleans, 211; -commands the river fleet at New Orleans, 222. - -_Holly Springs_, an immense depot of supplies accumulated by General -Grant for his march on Vicksburg, 391; surprised and captured by -General Van Dorn, 391; supplies destroyed, 391. - -HOLMES, General, his movement, 142; a mistake, 142; ordered by -General Lee, 142; remains under fire of enemy's gunboats, 143; -incorrect statements made, 143; their correction, 148; the fire upon -his position, 143; withdraws, 144; importance of his position -developed too late, 144; his character, 144. - -HOOD, General J. B., at Sharpsburg battle, 335; account of the -contest on the left at Sharpsburg, 339; appointed to command the Army -of Tennessee, 557; arrives at Gadsden, 573; condition of his army, -573; decides to cross the Tennessee and move against Thomas, 573; an -unfortunate delay, 573; his movements, 574; position of the enemy, -574; pursues him to Franklin, 576; position at Franklin, 576; -considerations, 576; line of battle formed, 576; the battle, 576; -moves toward Franklin, 577; position of the enemy, 577; enemy -reënforced, 578; Hood's line retreats in confusion, 578; retires -pressed by the enemy, 578; crosses the Tennessee, 579; losses, 579; -relieved, 579; moves his forces from the west to aid in the defense -of North Carolina, 630. - -HOOKER, Major-General JOSEPH, succeeds General Burnside in the -command of the Federal army, 357; resumes active operations, 357; a -feint before Fredericksburg, 358; a considerable force crosses the -fords of the Rapidan, 357; converged near Chancellorsville, 357; -attacked and repulsed by Lee, 359, 360; recrosses the Rappahannock, -364; arrival near Chattanooga, 435; his movements, 435; scales the -western slope of Lookout Mountain, 436; position of his army at -Fredericksburg in the spring of 1863, 437; retires from -Fredericksburg along the Potomac toward Washington, 439; crosses the -Potomac, 440; this menaces Lee's communications, 440. - -_Hornesboro_, left flank of the enemy under Sherman repulsed by -General Wheeler, 635. - -_Houses searched_ for arms by an armed force of the United States -Government in Baltimore, 464. - -HUGER, General, delays the evacuation of Norfolk, 99; halted at -Petersburg, 100; moves to the north side of the James River and joins -General Johnston, 100; his movements affected by the rain, 125; -statement of General Rodes, 126; his line of march, 127; the -impediments, 127; expected by Longstreet, 127; ordered to pursue the -enemy, 141; his route, 142; his progress, how delayed, 144; -encounters a battery of rifled guns, 144; it is driven off, 145; -probable effect of his non-arrival in time, 146; gallant attack at -Malvern Hill, 148; placed at the Norfolk Navy-Yard for its -protection, 202; ordered to evacuate by General Johnston, 202; order -delayed by Secretary of War, 202; the fruits of Huger's system and -energy, 202, 203. - -HUGER, Lieutenant THOMAS B., commands the McRae at New Orleans, 221. - -HUNTER, Major-General, issues an order declaring the slaves in his -department for ever free, 181; countermanded as too soon, 181. - -HUNTER, R. M. T., appointed to confer with Mr. Lincoln, 617. - -"_I have no lawful right to do so_," words of President Lincoln -relative to his interference with slavery, 160. - -IMBODEN, General, makes a demonstration toward Romney, 438; joins -Breckinridge in the upper Valley, 527. - -_Indianola, The_, a gunboat on the Mississippi, 240; her size and -force, 240; captured by our river-boats, 241. - -_Insane extravagances_, an apology for presenting such, to readers -under a constitutional Government of limited powers, 171. - -_Intention, The_, to violate our constitutional right shown, 174. - -_Interference with "the just powers" of a State_ causes a subversion -and subjugation of them, 460. - -_International law_, every restraint of, broken through by the -Government of the United States, 2; violations of, by the Government -of the United States in the pillage and deportation of private -property, 8. - -_Ironclads_, the first conflict between, 201. - -_Island No. 10_, its situation, 76; its bombardment, 76; a portion of -our force retires and the remainder surrender, 76. - -_Issue, the sole_, involved in the conflict of the United States -Government with the Confederate States, 293; an illustration, 293; -the question still lives, 294; the strife not over until the tyrant's -plea is bound in chains strong as adamant, 294; for which we fought, -582; the rights and sovereignty of the people, 582. - -_Iuka_, a force of the enemy encountered by General Little, 387; a -bloody contest, 387; enemy driven back with a loss of nine guns, 387; -Grant arrives too late, 387. - -Jackson, General T. J., rapid movements in the Shenandoah Valley, -106; attacks Port Royal, 106; arrives at Strasburg, 111; repulses -Fremont, 111; marches up the Valley. 111; reaches Harrisonburg and -turns toward Port Republic, 111; reaches Port Republic, 112; battle -with General Shields near Port Republic, 114; description of him by -General Taylor, 115; material results of this campaign in the Valley, -117; motives which influenced Jackson, 118; his object effected, 118; -recruits his forces, 118; reattacks the enemy, 118; drives him across -the Potomac, 119; plan to bring his force from the Valley to -Richmond, 131; the design masked, 131; instructions to Jackson, 131; -before reënforced, he routs the enemy and then follows Lee's -instructions, 132; directions to, under the order of battle by Lee, -133; ordered to pursue the enemy, 141; his route, 142; probable -effect of his non-arrival in time, 146; arrives on the battle-field, -147; forms his line, 147; his remark on the retreating foe, 150; -ordered with his division to Gordonsville to resist the advance of -General Pope, 312; fights the enemy at Cedar Run, 317; reënforcements -sent to, 320; his movement round the right of General Pope, 322; -attacks left flank of the enemy, 324; battle ensued, 324; enemy -retires, 324; subsequent battle of Manassas, 324; defeat of the -enemy, 326, 327; advances to intercept the retreat, 327; battle at Ox -Hill, 327; enemy escapes, 327; moves to attack Harper's Ferry, 330; -reduces Harper's Ferry, 332; extent of the surrender, 333; position -at Sharpsburg battle, 335; directed to advance toward Fredericksburg, -351; position of his corps at Fredericksburg, 354; turns the enemy's -right at Chancellorsville, 360; wounded by mistake in the darkness, -360. - -_Jackson, Mississippi_, held by General J. E. Johnston, 425; -assaulted by Sherman, 425; Johnston withdraws across Pearl River, 425. - -JENKINS, General, advances toward Winchester, 438; penetrates to -Chambersburg, Pennsylvania, 439. - -JOHNSTON, General A. S., confronted by new commanders, 18; his -position altered by the loss of Forts Henry and Donelson, 36; his -preparations for retreat, 37; his successful retreat, 37; the enemy -unaware, 37; reaches Nashville, 38; public excitement, 38; -proceedings in Congress, 38; his removal asked, 38; answer of the -President, 38; Johnston's letter to the Secretary of War, 38; his -plans and further movements, 39; movements after the fall of -Donelson, 39; letter from the Secretary of War, 40; do. from the -President, 41; his reply relative to affairs, 42-47; review of the -events that brought such censure upon him, 48; his object to -concentrate at Corinth and fight the enemy in detail, 54; Grant first -and Buell afterward, 54; forces sent to him, 54; Bragg's account of -Johnston's efforts, 34; orders of battle at Shiloh, 55; the march, -55; its progress, 56; exclamation, "This is not war," 56; delay and -its cause, 56; his purpose, 57; his telegram to the President, 57; -the answer, 57; importance of an early attack, 57; conference with -generals, 60; progress of the battle, 58, 59; death of Johnston, 66; -circumstances, 66; case of Turenne, 68; incident at Buena Vista, 68. - -JOHNSON, ANDREW. Lincoln, President, appoints Andrew Johnson military -Governor of Tennessee, 285; his object, 285. - -JOHNSON, Colonel BRADLEY T., harasses the rear of General Judson -Kilpatrick, 505. - -JOHNSTON, General JOSEPH E., ordered to the Peninsula of Virginia, -84; directed to proceed and examine the condition of affairs, 86; -recommends the abandonment of the Peninsula, 86; the recommendation -discussed, 87; anticipates that McClellan will soon advance and -attack Centreville, 87; his plan of operation in the Peninsula, 87; -writes to Commander Tatnall to proceed with the Virginia to York -River, 90; announces his intention to evacuate Yorktown, 92; policy -before Richmond, 101; remark that he expected to give up Richmond, -120; his plan for attacking McClellan, 120; unexpected firing, 122; -assigned to the Southern Department, 402; reply to General -Pemberton's request for cavalry, 402; orders to General Johnston, -403; telegram to the Secretary of War, 404; stops at Jackson and -corresponds with Pemberton, 405; dispatch to General Pemberton, 405; -reply, 406; further dispatches, 408; telegrams to the President and -Secretary of War, 412; communication to Pemberton, 413; entertained -quite different views from General Pemberton, 422; efforts to supply -the army of the former, 423; his message to General Pemberton, 423; -reply to the suggestion of relieving Port Hudson, 423; another -report, 423; falls back to Jackson after the surrender, 424; -appearance of the enemy, 424; extract from his report, 424; movements -of Sherman, 424; withdraws from Jackson, 426; directed to assume the -command of the Army of Tennessee, 547; total effective of the army, -547; position of the enemy's forces, 547; an onward movement -demanded, 548; considerations presented to General Johnston, 548; his -approval of an aggressive movement, 548; his proposition, 549; his -subsequent movements, 550-557; clamors for his removal, 557; -relieved, and Hood appointed, 557; put in command of the troops in -North Carolina, 631; relieves General Beauregard, 631; instructions -from General Lee, 632; Johnston's force, 632; his movements, 632; his -purposes, 634; takes position at Smithfield. 635; failure to -concentrate against the enemy's left wing, 636; moves to Raleigh, -637; conference with the President, 679-681; correspondence with -General Sherman, 684; the idea of a universal surrender, 699. - -JOINVILLE, Prince de, describes the effect produced by the refusal of -President Lincoln to send McDowell's corps to reënforce General -McClellan, 90; extract from his letter, 90. - -JONES, Lieutenant Catesby Ap R., commands the Virginia in the combat -with the Monitor, 200; signals the Monitor to renew the combat -without success, 201. - -JONES, General J. K., at Sharpsburg battle, 335. - -JONES, General SAMUEL, commanded in southwest Virginia, 426. - -JONES, General W. E., encounters Hunter in the Valley, and is killed, -529. - -_Just powers_ of government, only those which are derived from the -free and unconstrained consent of the governed, 2252; object and end -for which they are derived, 452. - -KEARNEY, Major-General, left dead on the field, 327. - -_Kelly's Ford_, attack and surprise of the enemy at, 449. - -KENNON, Lieutenant BEVERLY, sinks the Varuna at New Orleans, 221; his -report, 221. - -KENT, Chancellor, on the rights of belligerents, 271. - -_Kentucky_, the first step taken for the subjugation of the State -government and the people consisted in an interference, by an armed -force, of the Government of the United States with the voters at the -State election, 468; object to secure the rejection of as many votes -as possible antagonistic to the emancipation measures of the -Government of the United States, 468; none allowed to be candidates -but its friends, 468; martial law declared by General Burnside, -commander of the Department of Ohio, 468; orders regulating the -election issued by military commanders in the State, 469; armed -soldiers stationed at the polls, 469; the result, 469; statement of -the Governor,469; its meaning, 470; negroes enrolled as soldiers by -the United States Government, 470; verbal arrangement effected at -Washington by the Governor, 470; his complaint of its offensive -violations, 470; arrest of peaceful citizens by soldiers of the -United States Government, 470; outrages described by the Governor, -470; declaration of martial law throughout the State by President -Lincoln, and the suspension of the writ of _habeas corpus_, 471; a -large number of eminent citizens arrested by the military force of -the Government of the United States, 471; judges, merchants, and -young women banished from the State without a trial or hearing, 471; -at a State election for Judge of the High Court of Appeals, the -commanding General of the United States Government orders that the -name of the Chief-Justice shall not be allowed to appear on the -poll-books as a candidate, 472; the duties of the Governor relating -to elections, 472; twenty thousand slaves enlisted in the armies of -the Government of the United States, 472; United States Congress -passes an act declaring that the wives and children of these soldiers -shall be free, 473; everything swept away by the emancipation -proclamation, 473. - -_Kernstown_, the enemy at, attacked by Early, 531; routs him, 531. - -KERSHAW, General, moves his division toward Amelia Court-House, 662. - -KILPATRICK, General, marches to make a dash on Richmond, 505; -harassed in his rear by Colonel Bradley T. Johnson and sixty -Marylanders, 505; reaches the defenses of Richmond, 505; an -engagement, 505; retreats and is attacked at night by General Wade -Hampton, 505; enemy fled on a gallop, 505. - -KINGSBURY, Lieutenant, remark relative to the battle of Buena Vista, -68. - -_Kinslon, North Carolina_, a body of Sherman's force attacked and -routed by General Bragg, 635. - -LAIRD, Mr., senior, applied to, to build vessels for the Northern -Government, 248; his statement in the British House of Commons, 248; -extracts from, letters, 248; statement of the condition of the -Alabama when she sailed, 249; presents records of the Custom-House on -exports to Northern States, 249. - -LAMB, Colonel, seriously wounded in the defense of Fort Fisher, 646. - -_Language of the Governor of Maryland_, on the interference by the -United States Government with the State elections, 465, 466. - -_Last fragments of the Constitution_ to be thrown aside to secure our -subjugation, 170. - -_Law, International_, on the capture and confiscation of private -property in war, 163. - -LAWTON, General A. R., ordered to unite with Jackson in the Valley, -133; at Sharpsburg battle, 335; quartermaster of the Confederate -army, 647. - -LEE, General Robert E., assumes command of the Carolinas and Florida, -80; his plans for coast defense, 80; the system he organized, 80; its -success, 81; takes command of the army around Richmond, 130; -commences the construction of earthworks, 130; plans for the future, -131; answer to the President, 132; his order of battle in the attack -on General McClellan, 134; advances against General Pope, 312; battle -of Cedar Run, 317; its success, 320; enemy falls back, 320; moves up -the Rappahannock, 321; skirmishes along the fords, 321; Jackson -crosses the river, but falls back owing to a storm, 321; Longstreet -ordered to his support, 322; position of Jackson, 322; position of -the enemy, 322; forces ordered from Richmond, 322; plan of operations -now determined on, 322; movement of Jackson round the right of Pope's -army, 322; Manassas Junction depot captured at night, 323; Ewell -repulses the enemy at Bristoe Station and joins Jackson, 323; -position of General Pope, 323; Taliaferro halts at the Manassas -battle-field, 324; joined by Hill and Ewell, 324; attack of Jackson -on enemy's left flank, 324; enemy retire, 324; battle of Manassas, -324; retreat of the enemy, 326; night puts an end to the pursuit, -327; enemy retreats to Washington, 327; strength of forces, 328; -losses, 328; marches toward Leesburg, 328; decided to cross the -Potomac, 329; reasons for the decision, 329; the plan, 330; movements -of the divisions, 330; slow advance of the enemy, 331; order of -General Lee found by the enemy, 331; facts relative to the lost -order, 331; action at Boonsboro Gap, 332; retires to Sharpsburg, 382; -Harper's Ferry reduced by General Jackson, 332; forces concentrated -at Sharpsburg, 333; letter from the President, 333; address to the -people of Maryland by General Lee, 333; concentrates at Sharpsburg, -334; fights the battle at Sharpsburg, 335, 336; strength of Lee's -army, 338; position of his forces on the next day, 338; withdraws his -army south of the Potomac, 338; moves to Martinsburg and then to the -vicinity of Bunker Hill, 338; the contest on the left, 389; strength -of armies and losses, 342; advances to Fredericksburg, 351; takes a -position to resist an advance of the enemy after crossing the river, -352; advance of Burnside to lay bridges, 352; repelled with great -slaughter, 352, 353; Lee's forces in order and position, 354; the -attack by Burnside's army, 354, 355; its repulse, 355; withdrawn in -the night, 356; a period of inactivity ensues, 357; distribution of -his army, 357; some unimportant engagements, 357; movements of the -enemy indicate the resumption of active operations, 357; our -dispositions made with a view to resist a direct advance, 357; leaves -sufficient to hold the lines and moves the rest of his force toward -Chancellorsville, 358; his successful attack upon Hooker, 359, 360; -in full possession of the field, 361; enemy's successful attack -before Fredericksburg, 362; threatens our communications, 362; -reënforcements sent to Salem Church, 362; enemy repulsed and broke, -363; attack renewed on Hooker, 364; enemy recrosses the river and -retires from Fredericksburg, 364; reorganizes his forces in the -spring of 1863, 437; decides by a bold movement to attempt to -transfer hostilities to the north side of the Potomac, 437; movement -of his forces, 438; further movements, 439, 440; concentrates at -Gettysburg, 440; decides to renew the attack of the first day, 443; -the conflict, 443; determines to continue the conflict, 443; retires -toward the Potomac, 444; crosses, 445; strength of his army at -Gettysburg, 446; do. of Meade, 446; losses, 446; his report, 446; -testimony of General Meade, 447; moves to attack the flank of the -enemy, 449; result, 449; affair at Kelly Ford, 449; puts his troops -in motion soon as Grant's movement was known, 517; his troops -encountered near Old Wilderness tavern, 517; the engagement, 517; -further movements, 518; the line of battle, 518; the struggle, 518; -the adversary completely foiled, 518; the attack renewed, 519; Lee -comes on the field, 519; the assault checked, 519; attack on the -left, 519; the foe surprised and routed, 519; Longstreet wounded by -mistake, 520; on the next day an attack on the right and left flank, -520; Grant makes a rapid flank movement to Spottsylvania Court-House, -520; Lee's movement in advance, 520; on the next day the armies swung -round on their advance and confronted each other in line of battle, -521; a proud scene for Mississippians, 521; the contest of the day, -521; capture of General E. Johnson and most of his division, 522; -divines Grant's objective point and frustrates him, 528; the peril of -Grant's army, 528; reënforcements to Lee, 524; Grant's movements to -Cold Harbor, 524; fruitless efforts of Grant to drive back Lee's -forces, 6524; fearful carnage of the enemy, 524; his force on the -Rapidan with which to meet Grant, 525; his letter to General Halleck -relative to the execution of William B. Mumford, 590; letters to -General Grant relative to the exchange of prisoners, 599, 600; -crosses the James at Drury's Bluff, 637; occupies the intrenchments -at Petersburg, 638; his defense of, 640; conference with the -President on the state of affairs, 648; the programme adopted, 648; -presents the idea of a sortie, 649; adopted, 649; its failure, 650; -his letter to the President stating final movements, 660. - -LEE, General G. W. C., moves his division from Chapin's Bluff to -retreat from Richmond, 662; his promotion, 664. - -LEE, General W. H. F., watches the fords of the Rappahannock with his -cavalry, 352; repulses a cavalry expedition near Ream's Station, 639. - -_Legislature of a State_, some of its members seized and confined in -a distant prison, 2. - -_Liberty_, its fundamental principles denied by the action of the -Government of the United States in Tennessee, 456; the people the -source of all power, 460. - -_Life, personal liberty, and property_, their protection to be could -only in the State governments, 451. - -LINCOLN, President, his message, 6; recommends the colonization of -the negroes at some places in a climate congenial to them, 6; refuses -the repeated requests of General McClellan for McDowell's corps, 91; -writes to McClellan, 91; do. on the strength of his forces, 91; -relative to request for Parrott guns, 92; words of his inaugural -relative to the institution of slavery, 160; the principle thus -announced, 160; message to Congress saying, "It is startling to think -that Congress can free a slave within a State," 169; how the deed -should be attempted, 169; a deceptive use of language, 170; message -to Congress approving the act to emancipate slaves in the District of -Columbia, 172; extract, 172; previous action of Congress, 172; a -series of usurpations by, 178; recommends the adoption of a -resolution that the United States ought to coöperate with any State -which might adopt the gradual abolition of slavery, 179; his reasons -for the measure, 179; objections, 179; his proclamation declaring the -emancipation proclamation of General Hunter void, 181; extract, 181; -his subsequent remarks, 181; remarks to border States Representatives, -183; charges of remissness of his abolition supporters, 185; demands -of Chicago Christians of, 186; answer of Mr. Lincoln, 186; declaration -of his intentions in the proclamation of April 15, 1861, 189; his -declaration under oath, 189; his declarations to the Cabinets of Great -Britain and France, 190; object of such declarations, 190; his boast of -the effect of his emancipation proclamation, 192; the facts presented, -192; his proclamation for making a Union State out of a fragment of a -Confederate State, 297; his reliance on the "war power" declared, -298; declines to prevent the interference with the elections in -Maryland by an armed force of the United States Government, 465; -announcement of his terms of peace, 612; meets our commissioners at -Hampton Roads, 618; results, 619; statement in his message to -Congress on December 6, 1864, 620; the words of his inauguration -oath, 620; words of the Constitution, 621; his words, 621; the -Constitution the supreme law, 621; his oath, 621. - -LITTLE, General HENRY, services at the battle of Pea Ridge, 51; -attacks Rosecrans near Iuka, 387; a bloody contest, 387; he is -killed, 387; remarks, 387. - -LONG, General A. L., description of our coast defenses, 79. - -LONGSTREET, General JAMES, report on battle at Seven Pines, 124; -ordered to attack, 127; explains the delay, 127; made the attack -successfully by aid of Hill, 127; ordered to make a diversion in -favor of Hill, 137; the feint converted into an attack, 137; -continues the pursuit to Frazier's Farm, 145; manner in which he led -his reserve to the rescue at Frazier's Farm, 146; joins Jackson at -Manassas, 324; crosses South Mountain and moves toward Boonsboro, -330; his position at Sharpsburg, 335; occupies the left at -Fredericksburg, 353; recalled from the James River to Chancellorsville, -363; commands the left wing at Chickamauga, 432; besieges Burnside in -Knoxville, 436; moves to Virginia and joins Lee, 436; commands the First -Corps of Lee's army in the spring of 1863, 437; movement to draw Hooker -farther from his base, 439; crosses the Potomac, 440; occupies the right -at Gettysburg, 443; drives the enemy back at the Wilderness struggle, 519; -severely wounded by mistake, 519; further movements, 519. - -LORD CHIEF BARON of the Exchequer, his charge in England in the case -of our ship the Alexandra, 272; the rights of belligerents, 272, 273. - -LORING, General, joins General Bowen near Grand Gulf, 402. - -_Louisiana_ proceedings of General Butler after the occupation of New -Orleans, 287; martial law declared and a military Governor appointed, -287; atrocities committed upon the citizens, 287, 288; Order No. 28, -289; cold-blooded execution of William B. Mumford, 289; local courts -set up, 290; military power attempts to administer civil affairs, -290; order of President Lincoln creating a State court, 290; words of -the Constitution, 292; the court a mere instrument of martial law, -292; asserted his right to do so on the ground of necessity, 292; the -doctrine of necessity considered, 293-295; election of members of -Congress on proclamation of the military Governor, 296; what the law -required, 296; its violation sustained by Congress, 296; proclamation -of President Lincoln to make a State out of a fragment of a State, -297; a so-called election for State officers and members of a State -Constitutional Convention held, 301; so-called State Convention, 302; -attempts to amend the State Constitution, 302; Louisiana not a -republican State, 302; not instituted by the consent of the governed, -302; attempt by the United States Government to enforce a fiction, -302; subversion of the State government, 458; registration of voters -required by the United States Government, 458; the oath, 458; -punishment of perjury threatened, 458; proclamation entering an -election of State officers, 458; further conditions, 458; effect of -these proceedings, 459; effect of these proceedings was to establish -a number of persons pledged to support the United States Government -as voters and State government, 459; this work could be done only by -the sovereign people, 459. - -_Louisiana_, an iron-clad, her capacity, 219; destroyed, 219; her -incomplete condition at the defense of New Orleans, 220. - -LOVELL, General, sent with a brigade to Corinth, 54; expresses -satisfaction with the land defenses at New Orleans, 213; evacuates -the city, 217; at New Orleans after the fleet passed the forts, 222; -withdraws his force, and public property, 223. - -"_Loyal_," the word, its signification, 581. - -"_Loyalty or disloyalty_," the only distinction among citizens of the -Northern States, in their relation to the Government of the United -States, 488. - -MADISON, James, statement regarding war between the States, 5. - -MAFFITT, Captain JOHN N., takes command of the cruiser Florida, 259; -detained in Nassau by yellow fever, 259; sails for Havana, 260; goes -to Mobile for equipment of his vessel, 260; enemy's fleet gather off -the harbor to prevent his escape, 260; runs the blockade and -skillfully evades the enemy, 260; his cruises, 261; fits out the -tender Clarence, 261; captures of the Florida, 261; Maffit, through -sickness, relieved of the command, 261. - -MAGRUDER, General JOHN B., in command on the Virginia Peninsula, 83; -constructs an intrenched line across the Peninsula at Warwick River, -83; his force, 83; the form and construction of the line to resist -McClellan's advance, 83; other means of defense, 84; a second line -constructed near Williamsburg, 84; his position on the arrival of -General McClellan, 84; its advantages, 85; falls back to the line of -Warwick River, 85; his labor in constructing and strengthening his -defenses, 86; statement of General Early, 86; attempts to break his -line, 88; he orders sorties, 88; the enemy in strong force, 89; -compelled by illness to leave his division, 94; deficiency of land -transportation on the withdrawal from Yorktown, 94; constructed -defenses at Williamsburg, 94; ordered to pursue the enemy, 141; -attacks, 141; gallant attack at Malvern Hill, 148; assigned command -of the Department of Texas, 233; his conflict in Galveston Harbor -with the enemy's fleet, 234; his success, 234; his report, 235. - -_Magruder, Fort_, the largest work at Williamsburg, 94. - -_Malvern Hill_, its situation, 147; occupied by McClellan's army, -147; its position, 147; arrangement of our army, 147; use of -artillery impracticable, 148; a general advance ordered, 148; not -simultaneous, 148; the attack on the right, 148; approach of -darkness, 149; nearness of the combatants after the conflict closed, -149; an informal truce established, 140; rain in the morning, and the -enemy's position entirely deserted, 149; evidence of precipitate -retreat, 149; the foe at Harrison's Landing, 150. - -MALLORY, Secretary S. R., his efforts to complete the construction of -vessels for the defense of New Orleans, 226, 227; inquiries relative -to the raft below New Orleans, 229. - -_Manassas_, the second battle at, 324: retreat of the enemy, 326; -night put an end to the pursuit, 327. - -MANN, DUDLEY, our representative in Belgium, 368. - -_Mansfield_, battle at, between the forces of General Taylor and -General Banks, 542. - -_Maritime war_, the losses of, briefly stated, 282. - -MARCY, WILLIAM E., on the capture of private property in war, 163. - -_Marque, letters of_, issued by the President of the Confederate -States, 582; vessels captured, 582; treatment of the prisoners, 582; -opinion of United States Court, 582. - -MARSHALL, General HUMPHREY, opposed to Colonel Garfield in Kentucky, -18; strength of his force, 18; falls back as Garfield advances, 18; -takes position at at Middle Creek, 19; attacked by Garfield, 19; -report of Marshall, 19; result, 19. - -MARSHALL, Chief-Justice JOHN, on the capture and confiscation of -private property, 163. - -_Marshals, Provost-General_ and special, appointed by the Government -of the United States in all the Northern States, 495; their duties, -495; civil officers and soldiers made subject to their orders, 495; a -military control established in every Northern State by the -Government of the United States, 496. - -_Maryland_, a military force of United States Government occupies -Baltimore, 460; order of the commander declaring martial law, 461; -this force had no constitutional permission to come into Maryland, -461; the civil government suspended, 461; where were the "just -powers" of the State government at this time, 461; suspended by the -commanding General, 461; invasion of some of the unalienable rights -of the citizens, 461; provisions of the United States Constitution, -462; instances of the violations of personal liberty, 462; case of -John Merryman, 463; number of personal arrests in one month, 464; -seizure of newspapers, 464; houses searched for arms, 464; -interference with the State elections by armed force of the United -States Government, 464, 465; President declines to prevent it, 465; -proclamation of the Governor, 465, 466; result, 466; Constitutional -Convention assembled, 467; objections to the Constitution, 467; -voters required to take an oath previous to voting at an election -where the adoption or rejection of the oath was one of the issues, -467; the so-called Constitution declared adopted and the slaves -emancipated, 467; cautious and stealthy proceedings of the United -States Government, 468. - -MASON, JOHN M., our representative in London, 368. - -MAURY, Captain W. L., commands the cruiser Georgia, 263. - -_McAllister, Fort_, taken by Sherman's force, 572. - -MCCLELLAN, General GEORGE B., cautions the authorities at Washington -against their emancipation measures, 9; assigned to the chief command -of army of the United States, 18; presents an argument to President -Lincoln against an advance by Centreville and Manassas, but in favor -of a movement down the Chesapeake Bay into the Rappahannock River, -82; his reconnaissance, 82; its results stated by him in a letter, -82; the latter movement approved, 82; reason for ordering his -transports to Washington, 83; concentrates at Fortress Monroe, 83, -84; advances up the Peninsula, 85; repulsed in several assaults at -Yorktown, commences a siege by regular approaches, 85; letter to -Secretary Stanton on the strength of our forces, 85; reports the -strength of his own force, 86; his views at Yorktown, 89; testimony -before the Committee on the Conduct of the War, 89; report on the -affair between Hancock and Early at Williamsburg, 94; statement of -General Early, 94; testimony at the court-martial of McDowell, 105; -his position regarded as critical, 135; reasons, 135; his failure -apparently anticipated by the United States Government, 135; -reënforcements to, cut off, 135; position behind Powhite Creek, 136; -retreats from Frazier's Farm to Malvern Hill, 147; its situation, -147; his position, 147; his letter on the manner of conducting the -war, 314; part of his forces leave Westover, 320; report of his -strength at Sharpsburg, 342; moves his army southward from -Sharpsburg, 351; approaches Fredericksburg, 351; removed from -command, 351. - -MCCOWN, Brigadier-General J. P., as signed to command of Island No. -10, 52. - -MCCULLOCH, General BEN, killed in the battle of Pea Ridge, 50. - -MCLAWS, General, ordered to seize Maryland Heights, 330; embarrassed -by the presence of the enemy, 333; marches to Sharpsburg, 333. - -MCRAE, Colonel, succeeds to the command after General Early retires -wounded at Williamsburg, 96; report of subsequent events, 96. - -MEADE, General GEORGE G., succeeds General Hooker, 443; his position -at Gettysburg, 443; continues to strengthen his line, 444; his -opinion that an attack on Lee would have resulted disastrously, 445; -his testimony, 447; moves a force to Madison Court-House, 504; a -feint to engage the attention of Lee, 504; other plans for the -surprise and capture of Richmond, 504. - -_Medicines_, proposal by our commissioner to purchase medicines of -the United States authorities, to be used exclusively for the relief -of the Union prisoners, 602; no reply ever received, 602. - -_Memphis_, advance of the enemy's fleet toward, 77; encounters our -fleet and has one ram disabled, 77; our fleet retires, 77; occupation -of the town by the enemy no longer disputed, 77. - -MERRYMAN, JOHN, seized in his bed by an armed force of the United -States Government, 463; writ of _habeas corpus_ granted, 463; -disobeyed, 463; decision of Chief-Justice Taney, 463. - -_Military commissions_, two trials before, filled the country with -horror, 496; specification in the first, 496; for the assassination -of the President, 496; the sentence, 496; insertion of the name of -the President of the Confederate States among those of the -conspirators, an exhibition of the malignancy of the Government of -the United States, 496; the case of Mrs. Surratt awakened much -sympathy, 497; efforts to obtain a respite, 497; the trial of Major -Wirz, 497; proclamation of President Johnson against the President of -the Confederate States, 497; the condemnation of Wirz, 498; efforts -to prevail upon him to implicate the President of the Confederate -States in the great mortality of Northern soldiers as prisoners, 498; -declaration of Mr. Louis Schade, of Washington, 498; letter of -Captain C. B. Winder, 499; do. of Rev. F. E. Boyle, 499; order of -General Burnside in Ohio, 501; comments of C. L. Vallandigham on the -order, 501, 502; his arrest, trial, and sentence to imprisonment in -Boston Harbor, 502; letter of Governor Seymour on the military -usurpation, 502; similar proceedings in Indiana, Illinois, -Pennsylvania, New Hampshire, and Vermont, 502, 503. - -_Military power_, its attempt to administer civil affairs, 290; a -subversion of fundamental principles, 290. - -_Mine Run_, unsuccessful movement of General Meade, 449; his loss, -450. - -_Mississippi, west of_, active operations in the beginning of 1862, -49. - -_Mississippi River_ surrendered by the loss of Vicksburg and Port -Hudson, 425. - -_Missouri_, proposal of President Lincoln to make an irrepealable -compact with, 180; forbidden by the Constitution, 180; its words, -180; a proposal to the State to surrender its sovereignty, 180; most -conciliatory propositions of the Governor rejected by the Government -of the United States, 473; he calls fifty thousand State militia into -active service for the purpose of repelling invasion and for the -protection of the lives, liberty, and property of the citizens, 473; -his words, 473; order from Washington to the commanding General, 474; -this order a pretext for domestic violence, 474; terms of the -Constitution on which the Government of the United States may -interfere in a State, 474; the bravery of the Governor, 474; charged -by the Government of the United States with purposes of treason, 474, -475; words of the military commander, 475; troops of United States -Government poured into the State, 475; proceedings of the State -Convention, 475; violations of constitutional principles committed, -475; final proceedings, 476. - -_Mexico_, our treatment of private property in the war with, 8. - -_Mobile Harbor_, its defenses, 205; torpedoes also used, 205; combat -with Admiral Farragut's fleet, 206; quite creditable to the -Confederacy, 206; bombardment of the forts, 207; torpedoes, 209. - -_Money in the Confederate Treasury_, transferred to the financial -agent of the Government by Secretary Reagan, 695. - -MONROE, JOHN T., the Mayor of New Or leans, 231; reply to the demands -of Commodore Farragut, 231. - -_Monstrous crime, A_, fearlessly charged as committed by the -Government of the United States against Constitutional liberty in the -subversion and subjugation of the State governments, 453. - -MORGAN, General, attacks a brigade of the enemy at Hartsville, 384; -the brigade surrenders, 384; defeats the efforts of the enemy in the -Shenandoah Valley, 527. - -MORRIS, Captain C. M., commands the cruiser Florida, 261; enters the -harbor of Bahia, 262; ship seized by the enemy, 262. - -MOTT, Colonel CHRISTOPHER, killed at Williamsburg, 99; a brave -soldier in the war with Mexico, 99. - -MUMFORD, WILLIAM B., his cold-blooded execution by Major-General -Butler at New Orleans, 289; letter of General Lee to General Halleck, -relative to the execution of, 590. - -_Murfreesboro_, position of General Bragg at, 384; his strength. 384; -Rosecrans advances to attack him, 384; Rosecrans's strength, 384; -position of our line, 384; conflict begun by General Bragg, 385; -result of the series of engagements, 385. - -MURRAY, E. C, contracts for building the Louisiana at New Orleans, -225; his testimony, 225. - -_Muskets_ of obsolete patterns and shotguns used by our soldiers at -Fishing Creek, 22. - -_Nashville_, effect of its evacuation by General A. S. Johnston, 40; -demands for his removal, 40; Congress takes the matter in hand, 40. - -_Navy Department, The_, its organization, 194; two classes of vessels, -104; discussions and experiments relative to floating batteries, 194; -agreement relative to Norfolk Navy-Yard, 195; disregarded, 195; -destruction of property, 196; the Merrimac transformed into the -ironclad Virginia, 196; her trial-trip, 196; her consorts, 196; fleet -of the enemy, 197; the Virginia makes an attack, 197; destruction of -the frigate Cumberland, 197; destruction of the frigate Congress, -198; Buchanan wounded, 199; appearance of the Monitor, 199; Virginia -attacks and drives her into shoal water, 200. - -"_Necessity_," pleaded by Congress to justify its usurpations of -power, 161; extent of this power from necessity, 179; the existence -of the necessity tested, 187; the doctrine of, incorporated as an -unwritten clause of the Constitution of the United States, 293; what -is this necessity? 293; a fundamental maxim, 293; no man can be -trusted with the exercise of power and be the judge of its limits, -293; the grants of power in the Constitution limited, 293; limits all -disregarded, and the people accepted the plea of necessity, 293; a -fatal subversion of the United States Constitution, 293; the sole -issue of the war, 293; the question still lives, 294; all nations and -peoples that adopt a confederated agent of government will become -champions of our cause, 295. - -_Neutrality, Peaceful, of a State_, all propositions for, refused by -the Government of the United States, 2. - -_Neutral nations_, what is their duty under international law with -regard to the construction and equipment of cruisers for either -belligerent, and the supply of warlike stores, 269; proceedings of -the United States after the Revolutionary War, 269; demands of the -British plenipotentiary, 269; reply of Mr. Jefferson, 269; the -admission of Washington, 270; attempt of United States Government to -contract, if successful, would have been a direct violation of -international law, 270; circumstances of the construction of our -cruisers, 270; Minister Adams's claim for damages, 270; Earl -Russell's reply, 270; Mr. Seward's answer to Earl Russell, 271; the -response of the latter, 271; views of Chancellor Kent, 271; views of -President Pierce in a message to Congress, 272; charge of the Lord -Chief Baron of the Exchequer, 272, 273. - -_New Ironsides_, attacks on her with torpedoes, 208. - -_New Madrid_, assaulted by Major-General Pope, 76; assault repulsed -three times, 76; the place evacuated, 76. - -_New Orleans_, its importance, 210; numerous approaches for an -attacking party, 210; an attack apprehended to come from up the -river, 210; the bar at the mouth of the river, 211; means of defense -in preparation, 211; the forts, 211; their armament, 211; their -condition stated by General Duncan, 212; the garrisons, 212; the -construction of a raft, 212; repeated failures, 212; general plan of -defense for the city, 213; two lines of works, 213; course of the -exterior one, 213; course of the interior one, and its location, 213; -opinion of General Lovell, 213; guns on the interior line of defense, -213; the ironclads, 214; the main reliance for defense on the forts, -with the obstructions, 214; force of the enemy's fleet, 214; -bombardment of the forts, 214; preparations to pass the forts, 214; -movements of the fleet, 215; Duncan's report of its passage of the -forts, 215; further movements of the fleet, 216; statement of General -Smith respecting the forts on the river, 216; do. of General Duncan, -216; the effect of the darkness of the night, 216; surrender of the -city demanded, 217; evacuated by General Lovell, 217; surrender of -the forts demanded, 217; refused, 217; address of General Duncan to -the garrisons, 217; skill and gallantry of Colonel Higgins, 218; -revolt of the garrison of Fort Jackson, 218; forts surrendered, 219; -destruction of the Louisiana, 219; state of the other defenses -afloat, 220; damage to the enemy's fleet, 221; loss of the Varuna, -221; action of other vessels, 221; confusion in the city when the -fleet arrived, 222; batteries below the city, 222; the city saved -from bombardment, 223; General Lovell retires with his force, 223; -causes assigned for the fall of, 224; their consideration, 224; its -fall a great disaster, 225; attack on the naval constructors and -Secretary of the Navy, 225; testimony, 226; efforts of the Secretary, -226; number of guns sent to, 228; iron plates not to be procured, -228; laboratory at, 228; Commodore Farragut demands the surrender of -the city, 231; request that the United States flag shall be hoisted -on public buildings, 231; reply of the Mayor, 231; Farragut sends a -detachment to hoist and guard the flag, 231; arrival of General -Butler, 232; a reign of terror, pillage, and a long train of -infamies, 232; brief reference to the history of the city, 231. - -_New York_, its subjugation, 477; unalienable right of the people -left without a protector, 477; ringing of a little bell, 478; -proceedings at the arrest and imprisonment of an individual, 478; -number arrested and imprisoned, 478; safeguards of the citizen for -the protection of his unalienable rights, 479; what they were in New -York, 479; worthless as the paper on which they were printed, 479; -further safeguards in the Constitution of the United States, 479; the -writ of _habeas corpus_ and the only conditions on which it can be -suspended, 480; instances of the violations of the safeguards of the -citizens in New York by the Government of the United States, 481; -President Lincoln adopts them as his act, 481; utter disregard of the -writ of _habeas corpus_ in New York, 481; the Constitution, the laws, -the courts, the Executive authority of the State, subverted and -turned from the end for which they were instituted, 482; opinion of -Mr. Justice Nelson on the military proceedings of the Government of -the United States, 482; prison of New York Harbor overflows, 482; -surplus sent to Boston Harbor, or Washington, or Baltimore prisons, -482; attempt to relieve them by sending persons to investigate the -cases of those willing to take an oath of allegiance to the -Government of the United States, 482; made a condition precedent that -the prisoner should take the oath, 482; the oath, 483; case of -Messrs. Flanders who refuse the oath, 483; words of the Constitution -declaring that the accused shall have the right of counsel, 484; -Government of the United States refuses to recognize the counsel of -prisoners, and looks with distrust on all such applications, 484; -victims of this violence found in almost every Northern State, 484; -result of the elections causes an order for the release of prisoners -to be issued by the Government of the United States, 484; the order, -485; another step for the subjugation of the judiciary of the State, -485; an act of Congress authorizes the removal of all actions against -officers of the Government for tests in arrests, for trial to the -Circuit Court of the Government itself, 485; its command to the State -courts, 485; the obedience of the New York courts to the command, -486; subjugation of New York and the Northern States by the -suspension of the writ of _habeas corpus_ in their limits, 486; two -facts required to exist before Congress could pass such an act, 486; -Congress violates the Constitution, 487; what was New York? 488; the -proclamation of the President suspending the writ of _habeas corpus_ -throughout all the Northern States, 488; no autocrat ever issued an -edict more destructive of the natural right to personal liberty, 488; -the subversion of the governments of the Northern States, 488; all -those liberties of conduct and action which stamp the true freeman -were gone, 488; another step in the subjugation of the State of New -York, 488; letter of the commanding General of the United States -forces in New York to the Governor of the State, 488; reply of the -Governor, 489; response of the commanding General, 489; rejoinder of -the Governor, 489; the commanding General now states to the Governor -that the Government of the United States has sent to him "a force -adequate to the object," 490; forty-two regiments and two batteries -sent to New York, 490; another act manifesting the subjugation of the -government of the State by the military power of the Government of -the United States, 490; seizure of newspaper offices in New York by -soldiers under the orders of the Government of the United States, -490; the Governor of the State causes the commanding General to be -taken into custody, 491; the instructions sent by the Government of -the United States to the commanding General that "he must not be -deprived of his liberty to obey any order of a military nature which -the President directs him to execute," 491; the authority of New York -was subjugated, 491; another act of subjugation was the interference -of the Government of the United States with the Presidential election -in the State, 491; a pretended necessity worked up, 491; details of -the preparations, 492; military force increased, 492; vote of the -soldiers in the field to be taken, 492; agents sent by the State to -take the vote seized by soldiers of the Government of the United -States and imprisoned, 492; the description of the imprisonment, 493; -demands of the State in behalf of their agents, 493; refused by the -Government of the United States, 494; tried before a military -commission, 494; terms upon which the State acceded to the Union, 623. - -_Norfolk_, its evacuation delayed for the removal of property, 93; an -expedition by the enemy against, contemplated, 100; account of the -Comte de Paris, 100; its evacuation and occupation by the enemy, 100; -detachments previously sent to General Anderson, near Fredericksburg -and elsewhere, 101. - -_Norfolk Navy-Yard_, destruction at, 195. - -_North Carolina_, efforts to concentrate our troops to resist the -army of General Sherman, 630. - -_Northern people_, amazing insensibility to the crisis before them, -4; would not realize the resistance that would be made, 4; blind to -palpable results, 4; a league with the spirit of evil, 4; its -condition, 4; slow to comprehend the reality of armed resistance, 5. - -_Northern States_, provisions for the freedom of speech, of the -press, and the personal liberty of the citizen daily violated in, 8; -the events in them similar to those in New York, 494; sovereignty of -the people entirely disregarded by the Government of the United -States, 494; the operation of the institutions established for the -protection of the rights of the people, nullified by the military -force of the Government of the United States, 495; a military -domination established, 495; general and special provost-marshals -appointed in every State, 495; their duties, 496; the forces granted -to aid them, 495; military control established in every Northern -State, by the usurpation of the Government of the United States, 496. - -_Oath_, the voters in Maryland required to take an oath previous to -voting at an election where one of the questions was the adoption or -rejection of the oath, 467. - -_Object of the war_, the declaration of Congress, 189. - -_Objects_ for which the Government of the United States was -instituted, stated in the preamble of the Constitution, 454. - -_Obstinacy, extreme_, observable in the original party of abolition, -4. - -_Offensive-defensive policy_, how inaugurated at Richmond, 132; its -successful result, 132. - -"_Offensively_," signification of the word as used by General Grant -relative to the exchange of prisoners, 599. - -_Open brow and fearless tread of the American citizen_, all were gone -in the Northern States, 488. - -_Organization of "just powers_" the object for which it is done, 452. - -_Origin of the United States Government,_ sprang from certain -circumstances, which existed in the course of human affairs, 453; the -articles of agreement made by certain friendly States proposing to -form a society of States, 453. - -"_Other purposes_" the signification of the words explained in an act -of the United States Congress, 345. - -OULD, ROBERT C, our commissioner for the exchange of prisoners, 595; -his proposals to the United States commissioner, 598; no reply ever -made, 598; his communication relative to conferences with General -Butler, the United States commissioner of exchange, 598. - -_Outrages in Kentucky_, by the soldiers of the Government of the -United States, described by the Governor, 470. - -_Panic at Washington_, its cause, 106; movements of Jackson in the -Shenandoah Valley, 106; pursues General Banks across the Potomac, -106; excitement with General Geary, 106; alarm of the enemy at -Catlett's Station, 107; retreat of Duryea to Centreville and telegram -to Washington for help, 107; telegrams of Secretary Stanton to -Northern Governors for militia to defend Washington, 107; call of the -Governor of New York, 107; call of the Governor of Pennsylvania, 107; -call of the Governor of Massachusetts, 108; call of the Governor of -Ohio, 108; order of Secretary Stanton taking military possession of -all the Northern railroads, 109; order of President Lincoln to -General McDowell, 109. - -_Paris Congress, The_, its declaration of principles, 372. - -_Paul Jones_, destroyed many of his prizes 281; all ports closed to -us, 370. - -_Peace negotiations_, our subjugation was the purpose of the -Government of the United States, 608; established by the terms and -conditions offered to us, 608; Major Pitcairn's words, 609; -commissioners sent before hostilities, 609; next a letter sent, 609; -the third time a commissioner sent, 609; not allowed to pass, 609; -the next movement was the appearance of two persons from Washington, -610; their propositions, 610; Mr. Lincoln's views, 610; they depart, -611; Three commissioners appointed to visit Canada, 611; announcement -of Mr. Lincoln, 612; visit of Mr. Francis P. Blair, 612; confidential -conversation with the President, 612, 615; letter given to Mr. Blair, -615; answer of Mr. Lincoln, 616; return of Mr. Blair, 616; his -statements, 616; military convention suggested, 617; com missioners -appointed, 617; their commission, 617; objections, 617; meeting at -Hampton Roads, 618; Mr. Seward's version, 618; change of Mr. -Lincoln's views as to the place of meeting, 618; Mr. Blair's visit, -618; statement of Mr. Hunter, 618; remarks, 619; report of the -commissioners, 619; closing of negotiations, 620; statement of Judge -Campbell, 620; terms of peace stated in Mr. Lincoln's message to -Congress on December 6, 1864, 620; his actions compared with the -Constitution, 621; reserved rights of the States, 622; terms on which -Now York ratified the Constitution, 623; who violated the -Constitution? 624; who is responsible for the war? 624; terms of -surrender offered to our soldiers, 624. - -PEGRAM, Commander R. B., sails the Nashville, 264. - -PEMBERTON, General J. C, holds a position on the Tallahatchie and -Yazoo Rivers, 392; ingenious device to turn it, 392; in command at -Vicksburg, 395; sends General Bowen to Grand Gulf, 397; assigns -troops to respective positions after crossing the Big Black River, -399; concentrates all troops for the defense of Vicksburg, in rear, -400; instructions to his officers, 401; dispatches to other -commanders, 401; the policy manifested of meeting the enemy in the -hills east of the point of debarkation, 402; his want of cavalry, -402; letter to General Johnston, 402; reply, 402; report on the -advance of the enemy from Bruinsburg, 403; concentrates his forces to -cheek the invading army, 403; telegram to General Johnston, 403; -instructions to General Stevenson, 404; dispatch from General -Johnston, 405; answer, 405; calls a council of officers, 405; -dispatch to General Johnston, 406; moves his force, 406; appearance -of the enemy, 406; dispatch from General Johnston, 406; reply and a -retrograde movement, 407; encounters the enemy, 407; orders to -General Loring, 407; not obeyed, 407; the day lost, 408; dispatches -from General Johnston, 408; considerations, 408; concentrates at -Vicksburg, 410; remarks on a communication from General Johnston, -413; a former correspondence with the President, 413; his confidence -that the siege would be raised, 413; his decision to hold Vicksburg, -413; progress of the siege, 413; states the causes that led to the -capitulation, 415; resigns his rank, 526; shells Grant's army as it -crosses a bridge of the James River, 526. - -PENDLETON, General W. N., strives to bring long-range guns to bear on -Malvern Hill, 148; his statement of the appearance at Gettysburg, -441; presents considerations to General J. E. Johnston, 548. - -_Peninsula The Virginia_, all our disposable forces ordered there, -83; its topography and means of defense, 83, 84; movements, 85, 88; -strengthening the defenses continued, 88; new defenses constructed, -88; attempts to break Magruder's line at Dam No. 1, 88; the enemy in -strong force, 89; our forces continue the retreat toward Richmond, -98; flank of our line of march threatened by General Franklin, 98; -driven to the protection of his gunboats, 98; army retreat to the -Baltimore Cross-Roads and Long Bridge, 98. - -_Perryville_, its location, 383; the battle at, 383; its result, 384. - -_Persons_ seized in Baltimore by an armed force of the United States -Government, 464. - -_Personal liberty_, proclamation of President Lincoln suspending the -writ of _habeas corpus_ in the Northern States, 488; no autocrat ever -issued an edict more destructive of the natural right to personal -liberty, 488; every Northern State government subverted, 488. - -_Petersburg_, an assault by the advance of Grant's army, 638; -repulsed, 638; another assault with a large force, 638; a failure -everywhere, with an extraordinary sacrifice of life, 639; repeated -attacks, with increased carnage, 639; a heavy force advanced to our -right, 639; an interval of the enemy's force penetrated by General A. -P. Hill, and his flanks doubled up with great loss, 639; a cavalry -expedition to the Weldon and other railroads, 639; a fight near -Ream's station, 639; enemy retreat in confusion, 639; a method of -slow approaches adopted by Grant, 640; his object to obtain -possession of the Weldon and Southside Railroads, 640; Grant menaces -Richmond, 640; his line, 640; General Lee's line, 640; movement to -attack the works at Richmond, 641; defeated, 641; a mine run under -one of our forts, 641; a description, 642; a question relative to -negro troops, 642; results of the explosion, 643; repeated attacks on -our lines made and repulsed, 644; force of General Lee at the opening -of the campaign, 644; do. of General Grant, 644; a movement against -Fort Fisher, 644; opening of the campaign of 1865, 647; Grant extends -his line to the left and gains the Weldon Railroad, 647; the troops -in Richmond, 647; capacity of the Richmond and Danville Railroad -increased, 647; diminution of General Lee's forces, 647; his -conference with the President, 648; general view of the state of -affairs, 648; a sortie against Grant's lines determined on by General -Lee, 648; commanded by General John B. Gordon, 649; its failure, 650; -letter of General Gordon, 650-654; an extensive attack by the enemy -follows, 654; secret concentration of the enemy's forces, 654; more -determined effort to gain the right of Lee, 655; the advance repulsed -by General Lee, 655; our strong position at Five Forks assaulted and -carried by the enemy, 655; Battery Gregg makes an obstinate defense, -655; Lieutenant-General A. P. Hill killed, retreat became a -necessity, 655; inner lines held during the day, 655; army retires at -night toward Amelia Court-House, 656; Grant's advantages of position, -656; his movements, 656; Lee's subsequent conference with his -officers, 657; their plan, 657; frustrated, 657; position of Lee's -forces, 657; movements of his advance and rear, 657, 658; condition -of General Lee's army and its weakness, 658; sends a communication to -General Grant, 658; a conference, 658; terms of surrender agreed -upon, 659; the terms, 659; Lee's letter to the President, 660. - -PETTUS, Lieutenant-Colonel E. W., leads volunteers to recover a -redoubt at Vicksburg, 415. - -PIERCE, President, remarks in his annual message on the rights of -belligerents, 272. - -_Pillow, Fort_, its situation, 76; bombardment by the enemy's fleet -commenced, 76; it becomes untenable and is evacuated, 76; captured by -General N. B. Forrest, 545. - -PILLOW, General GIDEON J., commands at Fort Donelson, 29; retires -from Fort Donelson, 34; correspondence relative to his course at -Donelson, 40, 41. - -_Pirate, A_, who is one? 280; statement of the Attorney-General of -Great Britain, 280. - -_Pirates_, some of the Southern people denounced as, 2. - -_Pittsburg Landing_, topographical description, 52, 53. - -_Plan, The_, of President Lincoln to make a Union State out of a -fragment of a Confederate State, 297; the war-power his main -reliance, 298; does not contain a single feature to secure a -republican form of government, nor a single provision authorized by -the Constitution of the United States, 298. - -_Pleasant Hill_, General Banks routed by the force of General Taylor, -544. - -_Plunder, A system of_, the order of President Lincoln to military -commanders, 588. - -_Policy and purposes of the United States Government_, their odious -features revealed, 3. - -POLK, Major-General LEONIDAS, evacuates Columbus, 51; his account of -his movement, 52; commands a corps at battle of Shiloh, 55; commands -the attack on the enemy at Perryville, 383; commands the right wing -at Chickamauga, 432; command of the Department of Mississippi and -East Louisiana transferred to him, 547; killed at an outpost on Pine -Mountain, 554; the greatness of his loss, 554. - -POPE, Major-General JOHN, assaults New Madrid and is repulsed, 76; -occupies the place after evacuation, 76; assigned to the command of -the Army of Virginia, 135; commands the Army of Virginia, 312; -advances south from Washington, 312; order to his army to subsist on -the country, 312; order to dispense with supply or baggage trains, -313; order to hold the inhabitants responsible for all assaults, -etc., 313; order "to arrest all disloyal citizens," etc., 314; thus -announces a policy of pillage, outrage on unarmed citizens, and -arson, 314; letter of General McClellan, 314; his forces near -Culpeper Court-House, 317; defeated at Cedar Run, 320; losses, 320; -his forces increased by Burnside's corps, 320; Jackson advances -against him, 320; reënforcements sent to, 322; his subsequent -movements, 323, 327. - -_Port Hudson_, its situation, 420; defenses, 420; assaulted by -General Banks, 420; resort to regular approaches, 420; after the -capitulation of Vicksburg, its importance ceased, 420; surrendered by -Major-General Gardner, 420; losses, 420; the gallantry of its -defense, 421. - -_Port Republic_, its position, 112; battle near, 212; defeat of the -enemy, 117; prisoners, 117; pursuit, 117. - -_Port Royal_, a harbor of South Carolina, 77; its situation, 77; its -defenses, 78; strength of the enemy's fleet, 78; their attack, 78; -the forts abandoned, 78. - -PORTER, Admiral, statement of the efficiency of torpedoes used by us -for naval defense, 207; relieves his fleet by a dam above Alexandria -on the Red River, 544. - -_Ports, Southern,_ blockaded for the destruction of their commerce, 2. - -_Power, where found_, for the United States to coöperate with a State -in emancipation? 179. - -_Powhite Creek_, the position of McClellan behind, 136. - -PRICE, Major-General STERLING, commands in Missouri, 50; his -movements, 50; battle at Pea Ridge, 50; commands in West Tennessee, -386; moves to Iuka, 386; enemy abandons stores and retires, 386; -letter from General Ord, 387; reply, 387; unites with General Van -Dorn, 387; the combined force, 388; moves upon Corinth, 388; the -battle fought at first mainly by his division, 389; the enemy -reënforced, 389; army retires, 390. - -PRINCE de JOINVILLE on the junction of McDowell with McClellan, 105. - -_Prisoners, Exchange of_, increase in their numbers in 1861, 13; -vacillating and cruel conduct of the United States Government, 13; -their false theory of combinations, 13; its obstacle, 13; if the -theory was true, hanging was the legitimate punishment, 13; why were -not their prisoners hung? 13; tenacity with which the enemy clung to -the theory, 13; the issues involved 14; further obstacles to -exchange, 14; moved by clamors of the people, United States -Government shut its eyes, 14; some exchanged by military commanders, -14; condition of captured soldiers at the close of 1861, 14; citizens -arrested and held as prisoners, 14; violations of the Constitution, -14; object to clothe the Government with absolute power, 15; efforts -of the Government of the United States to implicate the President of -the Confederate States in the mortality of Northern prisoners, 497; -declarations of Major-General Grant, 497; captures of, in our -privateers, 582; treatment, 582; opinion of United States court, 582, -583; communication sent to President Lincoln by special messenger, -583; the communication, 583; no answer made, 584; act of Confederate -Congress, 584; United States Government refuses to consider the -question of exchange, 585; some exchanges made by officers, 585; -exchange proposed to General Grant in 1861, 585; subsequently offers -to surrender some, 586; reply of General Polk, 586; agreement of -Fremont with General Price, 586; repudiated by General Hunter, 686; -"fire up the Northern heart," 586; commissioners sent from Washington -to Norfolk, 586; the result, 586; difficulties, 587; arrangement of -Generals Cobb and Wool, 587; abruptly broken off, 587; suspension -ensued, 688; indignation at the North, 588; a cartel executed, based -on that of 1812, 588; order of President Lincoln to military -commanders, issued on the same day, to seize and use our property, -588; a system of plunder, 588; order of General Pope to murder -peaceful inhabitants as spies, 588; letter of General Lee to General -Halleck, 589; answer, 590; proceedings of General Hunter, 589; of -Brigadier-General Phelps, 589; retaliatory orders, 590; letter of -General Lee to General Halleck relative to the execution of William -B. Mumford, 590; result, 590; efforts to seek an adjustment of -difficulties through the authorities at Washington, 591; -Vice-President Stephens sent as a commissioner, 591; instructions, -591: letter to President Lincoln, 593; Stephens not allowed to -proceed beyond Newport News, 595; correspondence of our exchange -commissioners, 595; demands of the authorities at Washington, 596; -the wish of the Confederate Government, 596; Andersonville, the -occasion of its selection, 596; advantages of its location, 596; its -preparation, 597; diseases, 597; successful efforts of Major Wirz for -the benefit of the prisoners, 597; humane and kind treatment by -General Winder, 597; statement of Adjutant-General Cooper, 598; a -proposal made to the United States commissioner that all prisoners on -each side should be attended by a proper number of their own -surgeons, 598; further proposals, 598; no reply ever made, 598; -statements of General Butler, 598; letters between Generals Lee and -Grant, 600; dispatch of General Grant to General Butler, 600; another -proposal to the United States Government, 600; no answer received, -601; the offer would have released every soldier of the United States -in our prisons, 601; other offers, 601; requested to send the worst -cases, 602; photographs taken at Annapolis and circulated, 602; worse -cases received by us, 602; proposal to purchase medicines from the -United States authorities to be used exclusively for the relief of -the Union prisoners, 602; no reply ever received, 602; a delegation -of the prisoners at Andersonville sent to Washington to plead their -cause, 602; President Lincoln refuses to see them, 602; their return -and report, 602; letter from the wife of the chairman, 603; letter -from another prisoner, 603; extracts from the official report of -Major-General Butler to the Committee on the Conduct of the War, -603-605; our readiness to surrender for exchange all the prisoners in -our possession, 605; Northern prisons full of our soldiers, 606; -cotton sent by us to New York, and sold to purchase clothing for our -soldiers, 606; report of Secretary Stanton, 607; number of prisoners -that died in our hands, 607; number that died in the hands of the -United States Government, 607; report of Surgeon-General Barnes, 607; -number of Confederate prisoners, 607; number of United States -prisoners, 607; further considerations, 607, 608; the number paroled -at the close of the war, 699. - -_Private property_, its pillage and destruction not permitted by the -laws of war, 8; our war with Mexico, how conducted, 8; action of -Great Britain around Point Comfort in 1781, 8; restoration stipulated -in the Treaty of Ghent in 1815, 8; correspondence of John Quincy -Adams with the British Secretary of State, on the deportation of, 8, -9; order of President Lincoln to arrest all persons who arrested -slaves as fugitives, 9; language of General McClellan, 9; action of -Fremont in Missouri, 10; of General T. W. Sherman in South Carolina, -10; do. of others, 10; how made subject to confiscation by United -States Congress, 168; conditions upon which its inviolability might -be broken under the Constitution of the United States, 173. - -_Privateering not piracy_, remarks of Earl Derby, 12; do. of the Lord -Chancellor of England, 12. - -_Privateers_, resorted to not for purposes of gain, 10; a small fleet -soon fitted out, 10; their cruises, 10; proclamation of President -Lincoln, 10; another violation of international law, 11; its threat -not executed, 11; the case of the schooner Savannah, 11; retaliation -threatened, 11; the case of the schooner Jefferson Davis, 11; remarks -of Earl Derby, 12; do. of the Lord Chancellor of England, 12. - -_Prize court_, the attempt to get our private property into, to be -tried by the laws of war, 169. - -_Prizes_, captured by foreign-built cruisers of the United States -during the Revolutionary War, 276; more than six hundred, 276; both -belligerents forbidden by European nations to bring prizes into their -ports, 370. - -_Queen's proclamation, The_, the force ascribed to it by the United -States Government, 277. - -RAINS, General G. R., inventor of sub-terra shells, 97; describes -their use in the retreat from Williamsburg and its effect, 97, 98; -placed in charge of our submarine defenses, 208. - -RAINS, Brigadier-General J. G., ordered to report to General Johnston -at Jackson, in connection with torpedoes and sub-terra shells, 424. - -RANDOLPH, General, Secretary of War, his testimony relative to -affairs at Norfolk and the position of Yorktown, 93. - -RANSOM, Major-General, Summoned to Richmond from Drury's Bluff to -resist an impending assault of General Sheridan, 508; his movements -and success, 508; his position and force, 510; reports to General -Beauregard at Drury's Bluff, 512; his part in the action with -Butler's force, 514. - -READ, Lieutenant C. W., commands the tender Clarence, 261. - -REAGAN, Secretary JOHN H., transfers the money in the Confederate -Treasury, 695. - -_Reconnaissances_, made by the enemy with the design to take and keep -control of the seacoast of Georgia, 78. - -_Records of property_, kept under the authority of the State -government, 452. - -_Republican government_, the whole science of, where found, 298; -words of the Declaration of Independence, 298; civil and political -sovereignty is in the individual, 299; no human government has any -inherent, original sovereignty, 299; derives its just powers from the -consent of the governed, 299; all other powers than those thus -derived are not just powers, 299; a government exercising powers not -just has no right to survive, 299; who, then, had a right to -institute a government for a State? 239; only the people of the -State,299; how could the Government of the United States appear in a -State and attempt to institute a State government? 299; only as an -invader and a usurper, 299; how could an invader institute a -republican State government, which can be done only by the free -consent of the people themselves? 300; the absurdity of the -pretension, 300; President Lincoln's plan of one tenth, 300; one -tenth of the voters can not establish a republican State government, -300; an effort to enforce a fiction, 300; who were the voters? 301; -those whose consent had been bound by the oath given by the usurper, -301; such a Government derives its powers from the consent of the -usurper, 301; an attempt to destroy true republicanism, 301; a true, -its source, 452; how secured, 452. - -_Reserved powers of the Constitution_, sovereignty of the States -therein. 622. - -_Revolutionists_, who were the? 170. - -_Richmond_, removal of the Government to, authorized, 3; detached -works around it perfected by Lee, 119; intrenched line commenced by -Lee, 130; position of hostile forces, 130; conversations relative to -its defense and the defeat of the enemy, 131; offensive-defensive -policy adapted, 132; preparations for the campaign after Seven Pines -battle, 133; reënforcement sent to Jackson in the Valley, 133; -noticed by the enemy, 133; his unsuccessful attack on Williamsburg -road, 133; route of Jackson covered by Stuart, 133; directions to -Jackson under the order of battle, 133; the order of battle, 133; -position of the respective troops, 134; Hill forces the enemy to take -refuge on the left bank of Beaver Dam, 134; a strong position, 134; -movement of other forces, 134; engagement closes at dark, 134; -critical position of McClellan, 135; action of the United States -Government, 135; renewal of the battle at dawn, 135; arrival of -Jackson, 136; enemy abandons his works, 136; advance of our forces -resumed according to the order, 136; destruction of munitions by the -retreating enemy, 136; takes a position behind Powhite Creek, 136; A. -P. Hill hotly engages, 137; enemy north of the Chickahominy, 137; -fierce battle, 137; Longstreet ordered to make a diversion, 137; -strength of the enemy's position, 137; Jackson's right division forms -on Longstreet's left, 137: position of D. H. Hill, 137; completion of -the lines, 138; a general advance, 138; enemy back to the woods on -the bank of the Chickahominy, 138; night put an end to pursuit, 138; -in the morning none of the enemy north of the Chickahominy, 139; York -River Railroad, 139; enemy in motion south of the river, 139; the -line abandoned, 139; position of the enemy, 139; topography of the -country, 139; on the next morning enemy's works found to be -evacuated, 140; movement of our forces, 140; condition of the enemy's -works, 140; enemy's position, 141; Savage Station, 141; darkness, -141; enemy crosses White-Oak Swamp, 142; resist the rebuilding the -bridge, 142; enemy at Frazier's Farm, 142; we had no maps of the -country in which we were operating, 142; consequent mistakes, 142; -battle at Frazier's Farm, 145; nearly the entire field in our -possession at its close, 146; the siege of, raised, 152; McClellan at -Westover, and his expedition frustrated, 153; prisoners captured in -the battles around Richmond, 153; losses, 153; statement of the -strength of our army at different periods, 153, 154; suggestions on -the delay of Lee, 155; other details relative to the strength of our -army, 156, 157; effective force of General McClellan, 158; the most -effective way to relieve was to reënforce Jackson and advance on -General Pope, 320; its evacuation advised by General Lee, 661; lack -of transportation, 661; movement of the troops, 666; Ewell's corps, -662; G. W. C. Lee's and Kershaw's, 662; other forces, 662; the rear -followed by the enemy, 663; frequent combats, 663; Ewell captured, -664; G. W. C. Lee's division captured, 664; engagement at Sailor's -Creek, 664; the naval force, 665; their retreat to Danville, 665; -troops in and around Richmond, 665; orders given to destroy certain -property of the Confederate States, 666; the conflagration did not -result from any act of the public authorities, 666; distinction from -the case of Harper's Ferry, 666; the troops of neither army -considered responsible, 667; notice of General Lee's withdrawal sent -to the President at church, 667; his proceedings, 667; removal of -families, 668; the President starts for Danville, 668; the supplies -prepared for Lee's army, 669; report of General St. John, in charge -of the commissary bureau, 669; extracts, 669; the daily delivery by -cars and canal-boats, 670; further evidence to expose unfounded -statements, 671; rations on the line of retreat, 671; letter of -General Breckinridge, 672; letter of the assistant commissary-general, -672; other letters, 673, 674. - -_Richmond, Kentucky_, enemy routed by General E. E. Smith, 382. - -_Rights unalienable_, shall man no more take up arms in defense of? -182. - -_Rights of belligerents_, letter of Earl Russell, 271; views of -Chancellor Kent, 271; of President Pierce, 272; charge of the Lord -Chief Baron of the Exchequer, 272, 273. - -_Rivers_, the principal difficulty in the way of a successful defense -of, by us, 25; preparations made for resistance, 25. - -_Roanoke River_, torpedoes planted there, 209; effect on the enemy, -209. - -RODES, General, statement of the obstacles to General Huger's -movement at Seven Pines, 126; in command at Sharpsburg, 336; captures -Martinsburg, with stores, artillery, and a body of the enemy, 439. - -RODGERS, Colonel W. P., killed at Corinth, 390; his character, 390. - -ROSECRANS, General, succeeds General Buell, 384; advances upon the -position of General Bragg at Murfreesboro, 384; a battle ensues, 385; -subsequently assigned to the command of the force under General Grant -in West Tennessee, 385; his character, 389; treatment of the dead and -wounded at Corinth, 390; occupies Chattanooga, 429; moves on the rear -of General Bragg, 429; concentrates before General Bragg, 432; -concentrates in Chattanooga, 433; reënforcements sent to him, and -Grant assigned to the command, 434. - -RUSSELL, Lord JOHN, answer to the demand of the Government of the -United States for the sailors rescued from the sinking Alabama, 258; -his letter stating that the United States Government profited most by -unjustifiable maritime practices, 268; on the principle contended for -by her Majesty's Government, 271. - -_Sabine Pass_, its importance, 236; appearance of the enemy's fleet, -236; only means of defense, 236; a report of the engagement, 237; two -gunboats surrendered to forty-two men, 238; the fleet retires, 238; -names of the defenders, 239; success in holding their prisoners, 239; -an unparalleled feat, 239; mistaken reports of the enemy, 239. - -_Safeguards_, for the protection of the personal liberty of the -citizen in New York, 479; worthless as the paper on which they were -printed, 479. - -_Savage Station_, numbers found in the hospital, 141. - -_Savannah, The_, schooner, treatment of her crew by the United States -Government, 11; its harbor defenses, 205; their condition, 205. - -SCHOPF, General, commands a force of the enemy at Fishing Creek, 23. - -_Security, perfect and complete_, duty of the State government to -give to all its citizens, 452. - -SEDDON, JAMES A., Secretary of War, replies to General Johnston as to -the numbers of his army near Vicksburg, 412. - -_Self-defense_ of the Government, how authorized by the Constitution, -159. - -SEMMES, Commander RAPHAEL, resigns at Washington, 246; enters -Confederate service, 240; obtains the Sumter for a cruiser, 246; -description of her and her preparation, 246; runs the blockade, 247; -career on the sea, 247; her captures, 247; takes command of the -Alabama, 250; collects the old officers of the Sumter, 250; sails for -Terceira, 250; his first impressions on seeing his ship, 251; -proceeds to sea and reads his commission and enrolls his men, 251; -sails for Galveston, 252; decoys out one of the blockading ships, -252; fights and sinks the Hatteras, 253; captures and bonds the -steamer Ariel, 254; a cruise in every sea, 254; arrives at Cherbourg -to repair his ship, 255; appearance of the Kearsarge, 255; a notice -to her captain, 255; defective powder of the Alabama, 255; questions -considered, 256; his report of the engagement with the Kearsarge, -256; Alabama sinks and crew rescued by an English vessel, 257; narrow -escape of the Kearsarge, 257; clad in secret armor, 258; the -Government of the United States demands the rescued sailors, 258; -answer of Lord John Russell, 258; his statement of closed ports, 282; -commands the naval fores at Richmond, 665; order to him from the -Secretary of the Navy, 665. - -_Seven Pines_, position of the respective forces, 121; movements of -the enemy, 122; unexpected firing heard, 122; the line of battle, -122, 123; General Johnston wounded and removed, 123; events on the -left, 124; most serious conflict on the right, 124; report of -Longstreet, 124; Huger's delay, 127; Longstreet waits, 127; why did -not the left coöperate? 127; no way appears to have been practicable -to put the enemy to flight, 127; our losses, 127; that of the enemy, -128; evidence of our success, 128; our aggregate force, 128; that of -the enemy, 128; cause of the withdrawal of our forces on the day -after the battle, 128; position of the forces, 130. - -SEWARD, Secretary, letter on the export of cotton, 344. - -_Sharpsburg_, General Hood's account of the contest on the left, 339; -an account by Colonel Taylor, 241; testimony of General Sumner, 341; -do. of General McClellan, 342; strength of the armies, 343; Lee -concentrates his forces at, 333; address to the people of Maryland, -333; the battle at, 335-338. - -_Shenandoah Valley_, operations by which it was cleared of the -enemy's forces, 439; enemy's losses, 439; movements of the enemy to -destroy the Virginia and Tennessee Railroad, 527. - -SHERIDAN, General, moves with a large force around and to the rear of -General Lee's army, 508; pursued by Stuart, 509; strength of the -respective forces, 509; Stuart places himself in front and resists -the advance of Sheridan, 509; he retires, 509; appears in the Valley -with a large force, 535. - -SHERMAN, General W. T., leads a division up the Tennessee, 52; -disembarks at Pittsburg Landing, 52; report of advance on Corinth, -72; its evacuation, 73; enters the Yazoo River to reduce Haines's -Bluff and attack Vicksburg in the rear, 392; repulsed with heavy -loss, 392; reaches Chattanooga with his force, 435; his movements, -436; prepares to march northward through the Carolinas, 625; position -of our forces, 625, 626; leaves Savannah, 626; his movements, 626; -arrives at Columbia, 627; the Mayor surrenders the city. 627; unites -with General Schofield at Goldsboro, 636. - -SHIELDS, General, advances toward Jackson's position at Port -Republic, 113; conflict at the bridge, 113; his position, 114; -attacked by Jackson, 114. - -"_Shields's brave boys_" preserve their organization to the last, -117; tough work, if Shields had been on the field, 117. - -_Shiloh_, description of the battle-field, 52, 53; the battle of-- -advance of our forces, 56; delay, 56; cause, 56; importance of attack -at the earliest moment, 57; Buell's advance, 58; result of an earlier -or later attack, 59; purpose of General Johnston, 59; his order of -attack, 59; monograph of General Bragg, 59; result of the first day, -60; one encampment of the enemy not taken, 61; the disastrous -consequences, 61; causes of the failure, 61; statement of the author -of the "Life of General Johnston," 61; report of General Chalmers on -the failure, 62; report of Brigadier-General Jackson, 62; report of -General Hardee, 63; report of Major-General Polk, 63; report of -General Gilmer, chief engineer, 63; statement of General Bragg, 64; -statement of Colonel Geddes, of the Eighth Iowa Volunteers, 65; -report of General Beauregard, 66; some remote causes of this failure, -66; death of General Johnston, 66; its circumstances, 66; -consequences to be expected from Grant's defeat, 68; instance of -Marshal Turenne, 68; Buena Vista, 68; fate of an army and fortunes of -a country hung on one man, 69; confidence in his capacity, 69; at -nightfall our vantage-ground abandoned, 70; the enemy reoccupy, 70; -statement of Buell as to the condition of Grant's army, 70; -reënforcements of the enemy cross the river, 70; advance of the enemy -in the morning, 71; our retreat was a necessity, 71; strength of our -army, 71; casualties, 71; effective force of General Grant, 71; his -casualties, 71; his army reorganized under General Halleck, 71; -advance on Corinth, 71. - -_Ships of war_, equipped and sent from ports of the United States to -Brazil in her struggle with Spain for independence, 276; do. sold to -Russia in her war with England and France, 276. - -_Six million people_, the number of persons subject to be acted upon -by the confiscation act of the United States Congress, 167. - -_Slavery_, declared by Congress to be the cause of all the troubles, -159; wise and patriotic statesmen might easily have furnished relief, -159. - -_Slaves_, unconstitutional measures taken by Congress to effect the -emancipation of, 159; grounds upon which its proceedings were based, -159; their power found in the plea of necessity, 161; emancipation by -confiscation, 162; emancipation in the District of Columbia, 172; -prohibition of the extension of slavery to the Territories, 174; -prohibiting the return of fugitives by military or naval officers, -174; another instance of the flagrant violation of the Constitution, -175; declaration by Congress of the objects for which the war was -waged, 189; unconstitutional measures taken by President Lincoln to -effect the emancipation of, 179; message recommending the coöperation -of the United States for the emancipation of, in any State, 179; -countermands the order of General Hunter, and claims for himself to -issue one for emancipation, 181; conference with Senators and -Representatives of the border States to effect emancipation, 183; an -attempt to effect emancipation by compensation, 184; issues a -preliminary proclamation for emancipation, 187; the final -proclamation emancipation, 192; his declaration in the proclamation -calling for seventy-five thousand men, 189. - -SLIDELL, JOHN, our representative in Paris, 368. - -SMITH, General E. K., occupies Knoxville. East Tennessee, 382; -advances into Kentucky, 382; conflict at Richmond, 382; advances to -Frankfort, 383; great alarm in Cincinnati, 382; unites his forces -with those of General Bragg, 383; orders to, for the relief of -Vicksburg, 417; his movement, 417; his address to his soldiers, 697. - -_South, The_, nature of the division of sentiment in, 5; a question -of expediency, 5. - -_Southern people_, their love and sacrifices for the Union, 160. - -_Southern States_, one of the causes of their withdrawal from the -Union, 181. - -_Sovereignty of the State government_, the representative and the -constituted agent of the inherent sovereignty of the individual, 452. - -_Spanish provinces_ of South America, their independence recognized -by the United States, 276. - -"_Spare neither men nor money_," orders of the Secretary of the Navy -to complete ironclads at New Orleans, 227. - -_Spottsylvania Court-House_, twelve days of skirmish and battle at, -between Lee and Grant, 523. - -_State, A_, rent asunder and a new one formed of the fragment, 2. - -_State governments_, the subjugation of, 450; a revolution unlike any -other that may be found in the history of mankind, 451; an assertion -often made during the war, 451; objects for which the State -governments were instituted, 451; where must the American citizen -look for the security of the rights with which he has been endowed by -his Creator? 451; to the State government, 451; the powers of the -State government are just powers, 451; is the citizen's life in -danger? the State guarantees his protection, 451; is the citizen's -personal liberty in danger? the State guarantees it, 451; duty of the -State government to give its citizens perfect and complete security, -452; necessarily sovereign within its own domain, 452; its entire -order founded on the free consent of the governed, 452; this consent -gives just powers, 452; all else are usurpations, 452; how these -powers are organized, 452; its object, 452; subversion and -subjugation of a State government, how accomplished, 452; the -commission of such a subversion and subjugation fearlessly charged -upon the Government of the United States as a monstrous crime against -constitutional liberty, 453; distinction in nature and objects -between the Government of the United States and the State -governments, 453. - -_States, The_, the principles upon which they were originally -constituted and upon which the Union was formed explained, 368. - -STEPHENS, A. H., sent as commissioner relative to the exchange of -prisoners to Washington, 591; not allowed to come to Washington, 595; -appointed to confer with Mr. Lincoln, 617. - -STEVENS, THADDEUS, his remark, "Who pleads the Constitution against -our proposed action" of confiscation? 8; declaration in Congress on -the admission of West Virginia, 308. - -STEVENS, Lieutenant, commands the Arkansas at Baton Rouge, 244. - -STEVENSON. Major-General, resists the force of the enemy near -Vicksburg, 407; report of the conflict at the redoubt before -Vicksburg, 415. - -"_Stop thief!_" The old trick exemplified, 191. - -STREIGHT. Colonel, captured by General Forrest, 426. - -STUART, General J. E. B., sent with cavalry to cover the approach of -Jackson from the enemy, 133; subsequent confidential instructions -from Lee, 133; engaged with cavalry on detached service, 150; his -march down the enemy's line of communication described, 150; opens -fire on the enemy with a light howitzer, 151; effect on the enemy, -described by General Casey, 151; remains east of the mountains to -observe the enemy, 330; at Sharpsburg battle, 335; attacked by the -enemy at Kelly's Ford, 438; encounters the enemy's cavalry, 439; left -to guard the passes of the mountains, 440; makes a circuit of the -Federal army, 440; pursues Sheridan in a dash upon Richmond. 509; -places himself in front of Sheridan and resists his advance, 509; is -mortally wounded, 510; his death and character, 510. - -_Subjugation of the Southern States_, the Intention of the Government -of the United States, 3; established by the course pursued by it.3; -evasion and final rejection of every proposition for a peaceful -settlement, 3; its extreme obstinacy, 4; observable in the original -party of abolition, 4; futile warnings of its suicidal tendency, 4; -not contending for a principle, but supremacy, 4; no compromise, 4; -of the States by the Government of the United States, 450; object of -the State governments, 451; how accomplished, 452: of the government -of the Stale of New York, by the domination over it of the military -power of the Government of the United States, 488. - -_Sub-terra shells_, effect produced on the enemy by their use on the -retreat from Williamsburg, 97. - -_Subversion of a State government_, how accomplished, 454. - -_Sumter, Fort_, its brave and invincible defense, 204; the manner of -its evacuation, 204; salute and cheers, 204. - -_Sumter, The cruiser_, her preparation and career, 246, 247. - -_Supplies_ for Lee's army at Petersburg, a statement of facts, -668-670; letter of General Breckinridge, 672; do. of the assistant -commissary-general, 672; another letter, 673; supplies on the -retreat, 673; letter of President Harvie, of the Richmond and -Danville Railroad, 673, 674; do. relative to sending supplies to -Amelia Court-House, 675. - -_Supremacy_, when the contest is for, there will be no concessions, 4. - -SURRATT, Mrs., her case awakening much sympathy, 497; efforts to -obtain a respite, 497. - -TALIAFERRO, General, commands Virginia forces at Norfolk, 195; -commands Jackson's division at Cedar Run, 319. - -TANEY, Chief-Justice, decision in the Carpenter case, 348; a civil -war, or any other war, does not enlarge the powers of the Federal -Government over the States or the people beyond what the compact has -given to it, 348; grants the writ of _habeas corpus_ in the case of -John Merryman, 463; disobeyed, 463; decision of the Court, 463. - -TATNALL, Commander JOSIAH, objections to proceeding to York River -with the Virginia, 91; takes command of the Virginia, 202; his -statement respecting the Virginia, 203; has charge of the harbor -defense of Savannah, 201. - -TAYLOR, General RICHARD, his description of the dangerous moment of -the battle at Port Republic, 116; movements against the enemy west of -the Mississippi, 418; proceeds to raise the siege of Port Hudson by -cutting the communications of General Banks, 419; his movements after -the capitulation of Port Hudson, 422; commands in the Red River -country, 541; his force and movements, 542; encounters General Banks, -542; battle at Mansfield, 542; defeat of Banks at Pleasant Hill, 543, -544. - -TAYLOR, Colonel THOMAS, takes a letter to President Lincoln relative -to prisoners, 584. - -TAYLOR, Brigadier-General, of New Jersey, advances to recover the -stores captured at Manassas Junction, 323; routed, 323. - -_Tennessee_, measures adopted to occupy and fortify strong positions -after her secession, 24; Forts Henry and Donelson, 24; our forces in, -51; their concentration, 52; a military Governor appointed, 285; -public officers driven from office, 285; newspaper offices closed, -285; citizens arrested and imprisoned, 285; election of members of -Congress ordered, 286; a State organization attempted, 286; -qualifications of voters determined and fixed by the military officer -of the Government of the United States, 286; the oath, 286; -amendments to the regular State Constitution attempted, 287; declared -to be adopted by a vote of twenty-five thousand out of a hundred and -forty-five thousand citizens, 287; called "guaranteeing a republican -form of government," as required by the United States Constitution, -287; many positions held by the enemy in, 385; the aggregate force, -385; Rosecrans assigned to command, 385; most important position at -Corinth, 386; plan of the enemy, 886; Vicksburg, the point of attack, -386; Generals Price and Van Dorn in command of our forces, 386; the -former moves from Tupelo to Iuka, 386; the enemy retreats, abandoning -stores, 386; unites with General Van Dorn for an attack on Corinth, -387; battle at Iuka, 387; strength of Van Dorn, 387: do. of the -enemy, 388; attempt to surprise Corinth before reënforcements were -received, 388; its secession proceedings founded on true republican -principles, 455; the proceedings of the Government of the United -States 455; it denies the fundamental principles of liberty, 456; its -proceedings founded on the assumption of the sovereignty of the -Government of the United States, not on the principle of the -sovereignty of the people, 456; invasion of the rights of popular -liberty, 456; efforts to erect a State government subject to the -United States Government, 456; limitation of the will of the voter, -456; voter's right to cast his ballot dependent on the permission of -the United States Government, 456; further conditions required of the -voter, 457; who was the sovereign in Tennessee? 457; the Government -of the United States, 457; where was the government of the State of -Tennessee and the sovereign people? 457; the former was subverted and -overthrown, and the latter subjugated, 457; amendments to the -Constitution, 457; guaranteed to be a republican State, 458; Hood's -campaign in, 578. - -_Tennessee_, an iron-clad, 206; her combat with the enemy's fleet in -Mobile Harbor, 206. - -_Texas_, recognition of her independence by United States Government -in the war of the former with Mexico, 276. - -_Theory of combinations_, of President Lincoln, the issues involved, -14. - -"_The pressure is still upon me_," words of President Lincoln -relative to forcible emancipation, 181. - -THOMAS, General, commands the enemy's forces at Fishing Creek, 20. - -TILGHMAN, General LLOYD, commands at Fort Henry, 26; his bravery, 28; -loses his life in battle near Vicksburg, 409. - -TOOMBS, General ROBERT, defends the bridge over the Antietam, 337. - -_Torpedoes_, probably more effective than any other means of naval -defense, 207; statement of Admiral Porter as to their successful use -by us, 207; secret of our success was the sensitive primer, 208; how -the torpedoes were made, 208; three essentials to success, 208; -exploits with them in Charleston Harbor, 208; their use at Roanoke -River, 209; successful use at Mobile, 209. - -TRIMBLE, General, volunteers to capture the enemy's depot at Manassas -Junction, 323. - -TURENNE, Marshal, of France, an example, 68. - -_Umpire, Who is the_, on the question of secession, 16; not the -United States Government, as it has no inherent, original -sovereignty, 16; but the States and their people, 16; the case of -South Carolina, 16. - -_United States_, number of men furnished during the war, 706; do. to -the United States Government by Maryland, Kentucky, Tennessee, and -Missouri, 706; debt contracted by the United States Government, 706. - -Usurpations of the Government of the United States during the year -1861, 2; the mother of all the, the unhallowed attempt to establish -the absolute sovereignty of the Government of the United States by -the subjugation of the States and their people, 16; embraced in the -system of legislation devised by the United States Congress, 161; of -United States Congress, another alarming one brought out, 170; the -argument by which it was supported, 170; the war-power, 171; another -step for the destruction of slavery, 172; emancipation in the -District of Columbia, 172. - -Usurpations of Congress, the next step in usurpation, the passage of -an act prohibiting slavery in the Territories, 174; words of the act, -174; an act making an additional article of war passed, 174; all -military and naval officers prohibited from efforts to return -fugitives from labor, 174; the words of the Constitution, 175; -Congress directly forbids that which the Constitution commands, 175; -excuse of a state of war groundless, 175; a series of, committed by -President Lincoln, 178; all exercises of power not derived from the -free consent of the governed, 452; in what it consisted, 582. - -_Usurper, The_, the last effort to save himself, 606. - -VAN DORN, General EARL, assigned to command west of the Mississippi, -50; his movements, 50; battle of Elkhorn, or Pea Ridge, 50; his -strength, 50; his object, 51; losses, 51; march to join A. S. -Johnston, 51; in command in north Mississippi, 386; unites with -General Price, 387; his strength, 387; the strength of the enemy, -388; character and conduct of, 388; moves to surprise Corinth, 388; -its result, 389; his hazardous retreat. 390; surprises and captures -Holly Springs and destroys its depot of supplies, 391. - -VENABLE, Colonel C. S., statement of the attack of Mississippians -under a promise to General Lee, 521. - -_Vessels_ destroyed by torpedoes in Southern waters, 210. - -_Vicksburg_, a combined movement against, by land and by the -Mississippi River, planned by the enemy, 392; the position of General -Pemberton, 392; an ingenious device to turn that position, 392; -attempt of Sherman to reduce Haines's Bluff, 392; Grant lands his -army at Young's Point, 393; attempt to pass to the rear of Fort -Pemberton, 394; also to enter the Yazoo above Haines's Bluff, 394; -position of Admiral Porter and his fleet in Deer Creek, 394; position -of Grant's force, 395; Pemberton in command at, 395; unsuccessful -attempt to cut a canal across the peninsula, 396; do. to connect the -river with the bayou at Milliken's Bend, 396; gunboats attempt to run -the batteries, 397; the enemy commence ferrying troops from the -Louisiana to the Mississippi shore, 398; resistance by our troops, -398; battle near Port Gibson, 398; attempt of Grant to get in rear of -General Bowen, 398; he retreats toward Grand Gulf, 399; joined by -General Loring, 399; Grant advances into Mississippi, 399; -concentration of General Pemberton at, 410; strength of the position, -410; length of fortified line, 410; Pemberton's force, 410; efforts -to strengthen the relieving army, 411; dispatches for aid to the -relieving army, 412; siege commenced, 413; assault, 414; bombardment -from the mortar fleet, 414; position of, 414; progress of the siege, -414; another assault, 414; report of General Stevenson, 415; causes -that led to the capitulation, 415; the losses, 417; other efforts to -relieve, 417; movement of General E. K. Smith, 417. - -_Victors, Who were the_, when the war closed? 294; let the verdict of -mankind decide, 295. - -_Virginia_, first efforts of the enemy directed against her, 3; -greater perversion of republican principles in, by the Government of -the United States, than in any other State, 304; its secession, 304; -opposition in northwestern counties, 304; they hold a convention to -reorganize the government of Virginia, 305; assume to be the State of -Virginia, 305; consent to the formation of a new State, 305; action -of United States Congress, 305; these proceedings viewed in the light -of fundamental principles, 306; involved insurrection, revolution, -and secession, 306; the United States Government the nursing-mother -to the whole thing, 306; words of the United States Constitution, -307; the fraud examined, 307; words of Thaddeus Stevens, 308; -so-called government of Virginia migrates from Wheeling to -Alexandria, 308; subsequent order of President Johnson, 308; -proceedings under the order, 309; such a State government not in the -interest of the people, but of the Government of the United States, -309; voters required first to protect the Government of the United -States, 309. - -_Virginia_, former frigate Merrimac, 196; transformed into an -ironclad, 196; her armament, 196; and the Monitor, the combat -between, 200; the latter seeks safety in shoal water, 200; refitted -after her conflict, 201; invites the Monitor to a new contest, 201; -declined, 201; dashes upon the enemy's fleet, 202; abandoned and -burned, 203; the reasons, 203. - -_Voter_ in Tennessee, The, the limitation of his will, 456; his right -to cast his ballot vested in the permission of the Government of the -United States as his sovereign, 456. - -WADDELL, Lieutenant J. J., commands the cruiser Shenandoah, 264. - -WALKER, General J. G., movement of his troops at Sharpsburg, 336. - -WALKER, General W. H. T., commences the attack at Chickamauga, 430; -killed in the attack on McPherson's corps, 562. - -_War, The_, manner in which it was con ducted by the Government of -the United States, 5; how inappropriate to preserve a voluntary -Union, 6; enlarged its proportions during the year 1861, 16; points -possessed by the enemy, 17; his supply of men and resources of war, -17; a succession of glorious victories to us, 17; the foundation of -the, 582. - -WARD, Colonel, his conduct at Yorktown, 88, 89; killed at -Williamsburg, 99; report of General Early on his gallantry, 99. - -WARLEY, Lieutenant, attacks the enemy's vessels at New Orleans, 221. - -"_War-power, The_, of the United States Government," the theory on -which it was based, 171; its unlimited extent, 171; the specious -argument for, 171; words of the Constitution, 171; President Lincoln -declares his main reliance on it, 298. - -_Washington Artillery_, organized in New Orleans, 337; its frequent -and honorable mention in the reports of battles, 337. - -_Washington_ threatened by General Early, 530. - -_Watchword, The_, "The abolition of slavery by the force of arms for -the sake of the Union," 186. - -_Westover_ reached by McClellan's army, 152; protection of the -gunboats, 152; his position, 152; inexpedient to attack him, 152. - -WHEATON, on the capture and confiscation of private property, 163. - -WHEELER, General, destroys supplies and baggage in the rear of -Rosecrans's army advancing to Murfreesboro, 384; movements with his -cavalry at Chickamauga, 432. - -_Which is the higher authority_, Mr. Lincoln's emancipation -proclamation, or the Constitution? 621. - -WHITE, Colonel, advances to the Susquehanna, 440. - -WHITING, General, sent to reënforce Jackson in the Valley, 133; he is -killed in the defense of Fort Fisher, 646. - -_Who is the criminal?_ Let posterity answer, 178. - -_Why were they not hung?_ Our soldiers taken prisoners, "as rebels -and traitors," 13. - -WICKES, Captain, commands a cruiser fitted out in France by United -States Government in the Revolutionary War, 275. - -WILCOX, General, stubborn resistance made by his division, 518. - -_Wilderness, The_, the nature of the country, 518; the battle at, -518-520. - -WILKINSON, Commander John, commands the Chickamauga, 265; her cruise, -265. - -_Williamsburg_, its position on the Virginia Peninsula, 94; line of -defenses constructed by General Magruder, 94; attack of Hancock, 94; -report of General Early on the attack, 95, 96; claim of the enemy to -have achieved a victory at, refuted, 97; strength of our force, 97; -McClellan's estimate, 97; further retreat of our army, 97; our -strength in the principle action at, 98; the position held as long as -was necessary, 99; losses, 99. - -_Wilmington, North Carolina_, its defensive works, 204. - -WINDER, Brigadier-General CHARLES S., attacks the position of General -Shields, 114; critical condition, 115; killed at the bottle of Cedar -Run, 318; report of General Jackson, 318; his character and an act of -heroism, 318. - -WINDER, General JOHN H., his kindness to prisoners of war, 597. - -WIRZ, Major, his successful efforts for the benefits of the -prisoners, 597. - -WOOD, Captain JOHN T., attacks armed vessels in the Rappahannock in -ope boats, 223. - -WOOD, Commander JOHN TAYLOR, commands the Tallahassee, 265; her -cruise, 265. - -_Yazoo Pass_, proposal to pass boats through, 392. - -_Yorktown_, strengthening the defenses continued, 91; further -improvements on the works, 91; arrangements for evacuation commenced, -92; army withdrawn from the line of Warwick River, 93; evacuation -made successfully, 93: loss of property, 94; statement of General -Early, 94. - -ZOLLICOFFER, General, commands at Mill Springs, 19; his position, 19; -General Thomas advances against him, 19; Crittenden takes command and -moves to attack Thomas, 20; Zollicoffer killed, 21. - - - - -THE END OF VOL. 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