must soon share the same fate. The people on the coast possess large numbers of cattle, hogs, and other stock. The enemy leave their gunboats, kill and carry off stock without opposition. The colonel asks for an order to call out the militia for three to six months, and says he can muster about thirty or forty.

Adjoining counties upon the coast could add to the number enough to make a considerable force, who are well acquainted with all the localities, and could, on that account, act more effectively against the enemy than the like number of men taken from any other part of the State. It cannot be denied that the State owes it to her citizens, so long as she claims their allegiance, to afford them all the protection in her power.

The Constitution of this State having invested me for the time with the chief command of her militia, I should, under ordinary circumstances, have had no hesitation in issuing an order calling out the whole militia of the county, and of the adjoining counties if necessary, to protect our citizens, and especially the women, against the outrages of invasion, robbery, and insult by ne

groes.

ing the command of her entire militia when she is invaded, and her people are left without other sufficient protection, nor by removing her obligation to protect her citizens, and thereby forfeiting their allegiance.

Placed as I am in this embarrassing condition, when helpless innocence calls upon this State for protection, and when the Constitution of this State and the confederate States seem to point clearly to the path of duty upon the one hand, but when the acts of Congress and the decision of our own Supreme Court, rendered under heavy outside pressure, and, if not ex parte, under the most peculiar circumstances; when the counsel on both sides, who had brought the case before the Court, agreed that in their individual opinions the decision should be as it was made, I deem it my duty to submit the question to the General Assembly, who, as a coordinate branch of the government, represent the sovereign people of the State, and to ask your advice and direction in the premises.

If you should hold that the Governor no longer has the right to command the militia of the State for the protection of her people, it only remains for me to inform the people of Camden and the ladies of St. Mary's that, while the State collects. taxes and requires them to bear other public burdens, she withdraws her protection from them, and leaves them to the mercy of negro invaders, who may insult and plunder them at pleasure. Should you hold, on the contrary, that the Governor still has the command of the militia of the State, and that she has the right to use her own militia for the protection of our homes, I shall not hesitate to call them forth and so hold them in service as long as the coast is invaded and our people are subject to the insult, robbery, and merciless cruelty of the enemy.

Under the acts of the confederate Congress and the late decision of our Supreme Court, the authority to command the militia of the State, even for the protection of our mothers and wives, our sisters and daughters, against the brutality of our own slaves in a state of insurrection, seems to be denied to the Governor; as each man composing the militia of the State, except the officers, is declared to be subject to the command of the President without the consent of the Executive of the State. It follows, therefore, that if the Governor should order out the militia in this pressing emergency, which admits of no delay, to protect those citizens of Georgia to whom no protection is afforded by the Confederacy, the President may countermand the order, and compel each person so called out to leave the State and go to the utmost part of the Confederacy, to protect those who are not citizens of this State. The Resolved, That the Governor be, and he is State has reserved to herself the right under the hereby authorized to call out such parts of the Constitution to " engage in war when "actually militia as he may think necessary to protect the invaded," and to "keep troops" while she is in-citizens of Camden County, and other counties on vaded. That authority which has the right to the coast similarly exposed, against the invasion take from her this power, without which no State being made by companies of negroes, sent by the can exist, has the power to destroy her. abolitionists to make raids upon our citizens, and to continue them in service as long as the emergency may require.

I believe it is admitted, however, by high authority in this State, that the creature has no power to destroy the creator, the child no power to destroy the parent, and the parent no right to commit suicide. If this be true, the confederate government, which is admitted to be the creature of the States, can certainly have no power to deny to the States, which are the creators, the use of their own militia to protect their own inhabitants against the invasions of the enemy, and the unbridled, savage cruelty of their slaves, in actual insurrection; nor can that government, as the child, destroy the parent by paralyzing her right arm when raised to ward off a blow struck at her very vitals; nor, indeed, can the parent, which is the State, commit suicide by surrender

JOSEPH E. BROWN.

Mr. King offered the following, which was adopted:

The rebels now got five guns in position, three of them being twenty-pound Parrotts, and a hail of shot and shell flew over the heads of the train, the troops having got beyond range.

An attack of the enemy upon the baggage-training assisted toward the close of the engagement of the First and Second brigades (Generals Na- by two or more guns of Captain Romer's battery, glee and Ferrero) of Sturgis's division, yesterday L, Second New-York artillery. forenoon, which resulted in the death of Lieutenant Howard McIlvain, of Durell's battery, and which came very near resulting in the destruction or capture of a portion of the train, has been already partially described to you by another correspondent. Being personally in the midst of the engagement, from its commencement to its close, I have waited till now to gather together all the particulars of a rather warm skirmish, which at one time threatened to become a really serious affair.

Captain Plato, seeing the danger to which his wagons were exposed, many of them containing ammunition, turned back that portion which had not reached the turn, and they moved to their destination over the more difficult but less dangerous road.

ard McIlvain was struck by a shell, which carried away his arm, side, thigh, and his hip, laying open his entrails, and causing one of the most fearful wounds ever recorded.

Captain Durell's battery, occupying an exceedThe First and Second brigades broke camp at ingly exposed position, withstood for something about seven o'clock A.M. yesterday, to move from like an hour the fire from the heavy twentythe camp at White Sulphur Springs to the neigh-pound guns. Early in the fight Lieutenant Howborhood of Fayetteville, then and still occupied by General Doubleday, of Franklin's corps. There was a choice of two roads, one of which led back from the Rappahannock, and was therefore safe from the shot and shell of the enemy, while the other the most direct route and considerably more convenient for the transportation of the wagon-trains passed the Spring and the ruined hotel mentioned in my last letter, and, approaching the river, turned to the left at a sharp angle in plain view of, and but a trifling distance from the large mansion upon a hillside on the other bank of the stream, now rendered somewhat famous as the scene of the capture of Lieutenant-Colonel Carruth and Adjutant Wales, of the Thirty-fifth Massachusetts regiment, an account of which I have already sent you.

The road as it approaches the river exposes a column of troops or trains of wagons passing over it to a dangerous enfilading fire from the hill, where the house is situated, and after the turn is made, troops and trains moving away to the left, are in range from the hill for some distance, till they are finally protected by hills, rising upon either side of the river, behind which the road winds.

The two brigades had been for some time in motion, and a portion of the train, under charge of Captain Plato, Division Quartermaster, had passed the dangerous turn in the road, when our cavalry were seen skirmishing with the rebels in the neighborhood of the house on the opposite

hill.

Finally, our cavalry seeing the departure of the troops, formed in a solid square, and retired toward the river at the point where the ruins of the bridge crossing the stream was guarded by the Thirty-fifth Massachusetts regiment.

At the same moment the rebel cavalry emerged from the wood in the rear of the house, formed in a hollow square, protecting two pieces of artillery, which were planted by the house. A moment more, and a twenty-pound rifled shell from a Parrott gun came whizzing along over the line of wagons approaching the river, exploding in unpleasant proximity to the train.

Captain Durell, battery A, One Hundred and Fourth Pennsylvania artillery, immediately took up position, and opened as soon as possible, be

The brave and unfortunate young man lay in most horrible agony, raving from pain a great portion of the time, from the moment of receiv ing his wound till eight o'clock this morning, when he was relieved from his sufferings by death. He said to a friend, as he lay writhing in agony, that he was not afraid to die; he only wished that death might come soon to rid him of the dreadful pain he suffered.

The deceased was from Reading, Pennsylvania, and had been in service since the opening of the war, having served with Captain Durell in the three months' volunteers. În September, 1861, the present Durell's battery was sworn into the service of the United States, and has since been constantly employed. All who have come in contact with Lieutenant McIlvain pronounce him a young man of remarkable promise and most excellent qualties, social and otherwise, and one who would have made a noteworthy mark in the world had he been spared. He is universally lamented in this corps, with which he had been connected since the eleventh of last August, and Captain Durell mourns in him his best and most trustworthy officer, which is saying nothing derogatory to the other brave men in his command.

While Captain Plato-to return to the attackwas turning back that portion of his train which had not yet reached the turn in the road, he observed a squadron of our cavalry crossing the river in retreat, leaving the bridge to be defended only by the Thirty-fifth Massachusetts regiment, in case of an attempt on the part of the emeny to cross and attack us in the rear. He immediately rode up to the officer in command and ordered him back. "By whose authority ?" inquired the officer. "By authority of General Sturgis," replied Captain Plato. "But there will be a shell here in a moment!" said the officer. "I know that," replied Captain Plato, "and it's for that reason you are wanted here!"

The cavalry turned back. The next moment the expected shell - the first one of the fight passed over the train, and a short time afterward occurred the very charge anticipated by Captain

Plato, which was successfully met and repulsed by our infantry and cavalry at the bridge.

The long string of heavy wagons — many of them filled with ammunition-which had passed the turn, now found themselves slowly and toilsomely crossing a boggy meadow filled with mudholes and ditches.

Over their heads-the hill upon which our batteries were planted partially protecting them flew the rebel missiles, many of them bursting directly over the train. Some wagons were struck, though generally the enemy fired too high. One driver was hit by a shell, which fractured his right leg and disabled two mules. One ammunition wagon had the tail-board knocked out by a shell, which fortunately did not explode. Two wagons laden with oats were disabled, their contents being saved and the wagons burned, to prevent their falling into the hands of the enemy. A horse was left behind, used up and worthless for the time, which I had the "melancholy pleasure" of shooting for the same purpose. With these exceptions the entire train was got off in safety, having been extricated from an exceedingly unpleasant predicament.

The Second brigade, General Ferrero, being nearest the train, had meanwhile been ordered back to its protection. General Getty, of the Third division, followed closely by Gen. Burns, of the First, arrived on the ground about halfpast nine o'clock, and by ten o'clock, Benjamin's famous battery E, Second United States artillery, took up a commanding position on the hill above the ruined hotel, and opened on the enemy with his six twenty-pound Parrotts, silencing their guns in about half an hour. One of his shells, I am glad to say, entered the house where Carruth had been betrayed, and beside which the rebel battery was planted. It is singular that last August he occupied the same position with his battery and fought the rebels over the same ground. At the last accounts we heard from the Springs, General Burns still occupied them, and there was no enemy in sight.

It was a little singular that General Sturgis had not been informed that General Doubleday was at Fayetteville, and, upon our hearing drums in that direction, we marched in some expectation of meeting the enemy in our front.

Below are the casualties in the fight of Saturday:

KILLED.-Junior First Lieutenant Howard McIlvain, Durell's battery A, One Hundred and Fourth Pennsylvania artillery.

WOUNDED.-Henry Ives, of the same battery, arm badly shattered, amputated on the field; private Amidon, same battery, contusion of face by piece of shell; Charles K. Darling, Sixth New-Hampshire volunteers, wagoner, leg fractured below the knee by a shell.

I should have stated earlier in this letter, that the conduct of the drivers in the wagon-train, when exposed to a very hot fire, was most excellent. They were aware of an order to shoot any man who abandoned his saddle or seat. They all kept their places.

Doc. 46.

SKIRMISH AT RURAL HILLS, TENN.

LOUISVILLE "JOURNAL" ACCOUNT.

}

CAMP OF TWENty-third BrigadE, FIFTH DIVISION, NEAR STONE RIVER, TENN., November 22. THE following little affair is probably worth writing you about. On last Monday two hundred men and officers of the Eighth Kentucky regiment, under Lieut. Col. May, were detached to guard a train of supplies to Col. Hawkins's (Fourteenth) brigade, then stationed some seventeen miles to the south-east of Nashville, at a point called Rural Hills, and fortunately reached there without casuIt had rained all day, and alty or molestation.

Col. Hawkins did us the favor to give us the use of an old shed and buildings, constructed for camp-meeting purposes, situated about one hundred and seventy-five yards in front of his right, for our quarters for the night, assuring us that his picket-lines were strong. The night passed, and Tuesday morning dawned with favorable auspices for a rencounter with the rebels-wet and misty. And sure enough, just as we were breakfasting, the crack of several rifles on the lines warned us of an attack. Our men sprang to their guns, and had not time to load before the enemy appeared in one column dashing down an opening leading out from our left front, and in another column protruding from a wood into a field to our right, and stretching along the front of Col. H.'s brigade. A dense cedar thicket extends out from the old camp-ground, the two columns coming in on opposite sides of it, the force in the field to engage the brigade in front, while that before our left was to dash past the camp-ground down a short lane to where a section of artillery lay, and take possession of it, was obviously the programme. The rebels were mounted on magnificent chargers— of Kentucky's best breeds, doubtless-and came dashing on like thunderbolts, evidently unsuspecting any thing from the "ancient sanctuary,"

where we were ensconced.

Our boys rushing out at all sides, poured a galling fire into them, mowing down some of the best models of rebel chivalry, and completely frustrating them in their well-concerted movements. They faltered for a moment, then discovering our position, opened a sharp cross-fire upon us, and made the bullets whiz above our heads for a minute, and then commenced a stampede in their regular style.

Meanwhile the section of artillery opened upon them, their main force being discovered about one and a quarter miles to our front under cover of the edge of the woods, which was responded to briskly by two or three pieces, throwing their missiles very scatteringly, and without effect. This was continued for half an hour, when the rebels withdrew, leaving from twelve to sixteen men and a horse or two dead, and the usual articles, such as guns, hats, old clothes, etc. side not a drop of blood was spilled.

On our

OMELET.

is

DOCUMENTS.

roads through ploughed fields, no signs of hus-
bandry, no shocks of corn fodder standing-all
First came our forces, then came the
gone.
confederates; away they go, and then our forces
again. All these troops must be fed, and the
consequence is, the whole country is skinned com-
pletely out. As most of the other armies passed
in the summer, very little fire was used by the
troops, consequently very few rail fences were
destroyed. Now it is quite different; the cold
snap has made a fire very agreeable; and as the
rails make a quick and hot fire, they are used by
thousands, much to the chagrin and discomfiture
of the secesh farmers. Last night bright lights
could be seen for miles, looking not unlike to a
large city with all the street-lamps and stores
lit up.
The day opened on Sunday morning with a
dull and heavy sky, giving evidence that a storm
was brewing. By noon it cleared up somewhat,
and the sun came out, warming the chilled at-
mosphere. Late in the afternoon it again cloud-
ed up, the weather becoming quite cold and raw.
The weather all day yesterday was threaten-
ing, and quite cool. In the morning a very heavy
fog impeded observation, and drops of it fell like
rain. Once or twice during the morning it at-
Late in the
tempted to rain, but did not succeed.
afternoon, the sun partially made his appearance.
We all hope there will be no rain until the whole
army is en route for its destination. Up to to-
day the roads have been very good for the pas-
sage of an army, but one severe rain of a day or
two will make them impassable. The soil is
clayey in some places, while in many others it is
very sandy and gravelly.

The road here and from the Junction runs on a
ridge, and is almost a desert, so far as water is
What few streams there are running
concerned.
seem to be nothing but muddy pools. Water is
very scarce, and the troops, after the long march,
At the head-
were suffering for the want of it.
quarters of Gen. Sumner there is a well of good
water. The advance-guard placed a sentry over
this well, ordering him to allow no one to get
water from it except an officer from headquarters.
When Gen. Suniner heard of this order he went
to the sentry at the well, in person, and gave him
instructions to let all get water who wanted it,
at the same time stating that he would rather go
without water himself than to let his men go
thirsty.

Some of the inhabitants of this almost deserted
region have been in mortal fear of the "Yankees"
for some time past, as they had been told our
troops kill women and children, and burn all
A female at the house used as head-
dwellings.
quarters, near the Spotted Tavern, implored us
not to kill her or the children, and was most
agreeably surprised when she learned that that
was not our line of business. She had heard we
had been burning and destroying all within our
reach.

A number of our troops, while overhauling a
wheelwright shop, some miles from the tavern,
found an Alabama ambulance, and some twenty-

five shot-guns, with patterns for gun-stocks, etc.
The guns were rather roughly handled, and the
remnants left as mementoes of the past.

It is said upon good authority that there are
five Mississippi regiments and Major Crutch's re-
bel cavalry brigade in Fredericksburgh to dispute
our crossing. The Thirtieth Virginia, Col. Carey,
is also supposed to be there, or ready to coine, as
houses have been cleared to be used as barracks
for them. This regiment has lost a great many
men by desertion, as the mass of them are con-
scripts, who invariably leave at the first oppor-
tunity-preferring to live in the bush rather than
be soldiers. The mass of the Virginia troops say
they will not go out of Virginia to go into winter
quarters.

Falmouth is a very old town, some of the houses
dating as far back as 1717, and some claim a
greater antiquity. A portion of the town has a
neat air about it, while the mass of the houses are
old and ill-shaped. There is not a public house
The best houses are white frames, while
in the whole town, or any place for strangers to
stop.
the old antiquities are the old-fashioned bricks,
with heavy garret-windows. Very few men are
to be seen, but there are an abundance of women
and children.

During the silencing of the batteries across the river the utmost consternation prevailed among the inhabitants. The children seemed very much frightened.

During the early part of yesterday morning a ferry-scow, belonging to Mr. Fichler of Falmouth, was destroyed by the rebels to prevent our crossthis will have very little effect in keeping back ing. The river is fordable in many places, and the troops of Gen. Hancock's division, and the remainder of the column.

This morning has opened again threatening rain, but our army is safe, the mass of it having got over the roads; in fact, the roads have been first-rate for the artillery and teams.

During the march to this point our troops were in the very best spirits; their merry, echoing voices rang through the forests, raising the spirits The "Philadelphia brigade," of the weary ones in the rear, all hurrying on toward this point. known as Burns's, now commanded by Colonel Josh. Owens, of the gallant Sixty-ninth Pennsylvania, were in the left column during the march. They are in General Howard's division.

Col. Baxter's regiment of Fire Zouaves have been consolidated, and now have ten companies instead of fifteen, as formerly.

Yesterday morning one of the teams belonging to one of our batteries was out foraging for fodder, and got within a hundred yards of the enemy's The only reason we can cavalry pickets, they not observing the rebels. The teamster drove into a corn-field, the enemy not interfering in the least. give why they did not capture the whole party Our army has made a very sudden change of is, they feared it was a trap set to catch them. base. But the other day Harper's Ferry was the centre of attraction, then Warrenton, and now Fredericksburgh. In one of our letters we dated