stitutionally appointed means. In time of great public sensibility like the present, any departure from this legal channel is revolutionary and dangerous, and tends to the division and destruction of our people.

[L. S.]

Governor, Captain-General, and Com-
mander-in-Chief, hath signed these
presents, and caused the great seal of
the State to be affixed.

Done at the city of Raleigh, this seventh day
of September, A.D. 1863, and in the year of
American independence the eighty-eighth.
Z. B. VANCE.

Doc. 165.

THE SABINE PASS EXPEDITION.
CONGRATULATORY ORDER FROM GEN. MAGRUDER.*
HEADQUARTERS DISTRICT OF TEXAS, NEW-MEXICO,
AND ARIZONA, HOUSTON, TEX., Sept. 9, 1863.

GENERAL ORDERS, No.-:

It is my great desire, and, I hope, that of all good citizens, that our people should remain united, befall us what may. Should we triumph in the great struggle for independence, let no feelings of revenge, no bitterness mar the rejoicing of that glorious day; should we fail, and come short of that great object for which we have struggled so long and bled so freely, let not our strifes and domestic feuds add to the bitterness of defeat. Attempts suddenly to change the existing order of things would only result in bloodshed and ruin. I therefore implore you, my countrymen, of all shades of political opinion, to abstain from assem- I. The Major-General Commanding has the bling together for the purpose of denouncing each satisfaction of announcing to the army a brilliant other, whether at home or in the army, and to victory, won by the little garrison of Sabine Pass avoid seeking any remedy for the evils of the against the fleet of the enemy. Attacked by five times by other than legal means, and through the gunboats, the fort, mounting but three guns of properly constituted authorities. We are em- small calibre, and manned by the Davis Guards, barked in the holiest of all causes which can stir Lieutenant R. M. Dowling, assisted by Lieutenthe hearts of patriots-the cause of liberty and. ant Smith, of the engineers, supported by about independence. We are committed to it by every two hundred men-the whole under command of tie that can bind an honorable people. Multi-Captain F. H. Odium-steadily resisted their fire, tudes of our bravest and best have already sealed and at last forced the surrender of the two gunit with their blood, whilst others, giving up all boats Clifton and Sachem, badly crippling anearthly possessions, are either languishing in other, which, with the others, escaped over the dungeons or are homeless wanderers through the land, and all have felt in a greater or less degree the iron hand of war. A great and glorious nation is struggling to be born, and wondering kingdoms and distant empires are stilled with listening hope and admiration, watching this greatest of human events. Let them not, I pray you, be shocked with the spectacle of domestic strife and petty, malignant feuds. Let not our enemy be rejoiced to behold our strong arms and stronger devotion, which have often made them tremble, turned against ourselves. Let us rather show that the God of liberty is in his holy temple the hearts of freemen-and bid all the petty bickerings of earth keep silence before him.

Instead of engaging in this unholy and unpatriotic strife, and threatening to resist the laws of the land and endangering the peace of society, let us prepare diligently, and with nopeful hearts, for the hardships and sufferings of the coming winter. Heaven has blessed us with abundant crops, but thousands of the poor are unable to purchase. Let us begin in time, and use every effort to provide for them, and secure them against suffering. And let us exert ourselves to the utmost to return to duty the many brave but misguided men who have left their country's flag in the hour of danger, and God will yet bless us and our children, and our children's children will thank us for not despairing of the Republic in its darkest hours of disaster, and, still more, for adhering to and preserving, amid the fiery trials of war, conservative sentiments and the rights and civil liberties of the young confederacy.

In witness whereof, Zebulon B. Vance, our

bar. The result of this gallant achievement is the capture of two fine gunboats, fifteen heavy guns, over two hundred prisoners, among them the Commodore of the fleet, and over fifty of the enemy killed and wounded, while not a man was lost on our side or a gun injured.

II. The enemy's fleet, with his land forces, is still off the coast, no doubt intending a landing at the first favorable moment. He may endeavor to retrieve his losses at Sabine by an attack upon the works at other points on the coast. Should this be the case, the Major-General Commanding confidently expects to receive from his troops at those points as cheering a report as that which he now communicates to the army from the defenders of Sabine.

III. The result of the engagement had with the
enemy's fleet on the coast of Texas proves that
true pluck and resolution are qualities which
make up for disparity of metal and numbers;
and that no position, defended with determina-
tion, can be. carried by the enemy's gunboats
alone. Should any of the forts on the coast, or
the forces on land, be attacked, the troops need
but remember the success of their comrades at
Sabine, emulate their courage and skill, and vic-
tory will be the result.
By command of

Major-General J. BANKHEAD MAGRUDER.
EDMUND B. TURNER,
A. A. General.

them myself. Thus, sir, you have such an account of this affair as it is in my power to give you. I am, sir, very respectfully,

Your obedient servant,

HENRY L. BENNING,
Brigadier-General.

which certain of the slaveholding States, by conventional action of their several sovereign people, in solemn form, declared and promulgated their desire and determination no longer to yield obedience to the Constitution and laws of that Federal Union, as authoritative over them, in

To S. Cooper, Adjutant and Inspector-General, that specific form; and, whereas, the executive Richmond, Va.: branch of that Government, with the occasional Lieutenant-Colonel Shepherd, who was men- sanction of the Federal Legislature, in the progtioned in Governor Vance's letter as Major Shep-ress of belligerent events, has proceeded by herd, writes a letter to the Adjutant-General, in force of arms to attempt to execute its laws which the following statement is made: within the disaffected States, without applying "My first knowledge of the disturbance was to the States remaining in the Union to ascer derived from Governor Vance calling upon me tain whether they would agree that the disfor this purpose at the hotel, inquiring first for affected States might depart in peace; and, whereGeneral Benning, and, in his absence, for the as, these disaffected States were not, nor ever commander of the Second Georgia regiment. were, under any obligation to that General Accompanying Governor Vance, I proceeded Government, except such as were self-imposed promptly to the Standard office, where a number and explicitly defined in concert and comity of soldiers were engaged in the disturbance with the other States, each being a contracting some within the building and others without-party with every other, in a compact to which many of whom I recognized as belonging to there was and is no other party; and, whereas, the different regiments of Benning's brigade. It is war waged on these States by that General to be marked that not one officer was seen by Government, which is the creature of the States me in the midst of this outbreak. I experienced who armed it with power, deemed adequate to no difficulty whatever in restoring order; imme- the common protection of them all, no less in diately after which Governor Vance addressed their reserved rights than in their foreign relationsthe crowd, who listened with respectful attention, -a war into which these States were and dispersed in a body. Allow me only to add thus precipitated-is yet being prosecuted with than Governor Vance publicly thanked me for aspiring preeminence of craft and crime, almy timely interposition, and that many of the though some of them, by large and earnest officers and men of the brigade were invited to expressions of public or party opinion within share the hospitalities of the executive mansion. their borders, have shown that they are conI have this day written to Governor Vance, re-strained to contribute to its prosecution very questing him to write to the department in my

Doc. 167.

VIRGINIA PEACE RESOLUTIONS. In the Senate of Virginia, September ninth, 1863, Mr. Collier, of Petersburgh, submitted the following preamble and joint resolutions:

much against their will, and to their own great detriment; and, whereas, any appropriate means, the timely use of which was omitted in the outset to prevent the war, is not only a proper resort in its progress, but is dictated and constrained to by all the sanctions of Christian civilization:

1. Resolved, therefore, by the General Assembly of Virginia, That three Commissioners from this State to each of the States remaining in the Union be appointed by the joint vote of the two Houses of the General Assembly, whose duty it shall be, under instructions to be prepared by the Governor of the State, and approved by the Whereas, the Constitution of the Federal concurrent vote of each House of the General Union of the late United States was established Assembly, to repair forthwith to the capital of by the sovereign, separate action of the nine each of the States that remains in that Union, and States by which it was first formed, and the make known to the Governor of each, that the number of the United States was afterward, State of Virginia, appealing from the usurped from time to time, enlarged by the admission of power of the men who are charged with adminisother States separately; and, whereas, that Con-tering the government of that Union, exercised stitution failed to incorporate or indicate any in the conduct of this war, demands of those ⚫ method by which any one or more of the States might peaceably retire from the obligations of Federal duty imposed by it on each and every other State in the Union; and, whereas, it is consistent with the republican creed, on which the whole complex system is founded, that a majority of the States might peacefully disannul the compact as to any party to it; and, whereas, a conjunction in the Federal relations of the United States did arise in 1861, then culminated in a crisis, in

States with whom she contracted, that they severally will, by the ballot-box, as the Union was formed and enlarged, decide, as solemnly and formally as they did in that transaction, whether they will consent that she will be allowed thenceforth to be separated from them in peace; provided, however, that this State, having joined other States in forming a confederacy, and with a view to regard scrupulously the obligations contracted with her confederates, shall not pro

ceed to carry this proceeding into full execution portant points. General Hartsuff's corps, after until a majority of them shall agree to coäct in the concentration, of which I notified you, moved instituting a like commission; and to this end forward. General Carter's cavalry division of the Governor is authorized to communicate this that corps preceded the corps in three columns proceeding to the Governor of each of the Con--one under command of General Shackelford, federate States, inviting their several concurrence on Loudon Bridge; one under Colonel Bird, on and coäction in this proposed mission to the late Kingston; and one under Colonel Foster, on co-States, but not to the Government of that Knoxville. The last-named places were taken Union, because it was and is the creature of the without material opposition; but at Loudon the States, and should be their servant to do their enemy was strongly posted. After a brisk will when certainly ascertained. skirmish they were driven back by Shackelford's command. They fired the bridge before they retreated, and it is now in ruins. Colonel Bird captured at Kingston a steamboat in process of construction, but nearly finished. Colonel Foster captured at Knoxville two locomotives and a number of cars. And a very considerable amount of army stores was captured by different brigades of Carter's division.

2. Resolved, As the opinion of this General Assembly, the undertaking to speak and to act for the sovereign people of Virginia, although we are but the ordinary Legislature thereof, that in case the men who are charged with administering the Government of the United States shall refuse our Commissioners transit and sojourn into and in those States for the exclusive purposes of this mission, which are avowed, such failure of our effort will but demonstrate to them the fearful extent of absolute rule over them by those men, and make our effort a more memorable instance of patriotic exertion and peaceful magnanimity, displayed in a well-meant attempt to cultivate peace on earth and good-will among

men.

3. Resolved, That in initiating this mission for peace this General Assembly doth unequivocally disavow any desire, or design, or willingness, that the Confederate Administration shall relax its exertions, or the people theirs, to advance and establish the cause to which we are pledged in our fortunes, and by our victories, to the utmost of our talents, to use them in support of the separate independence of the States.

The offer of the resolution excited some debate. The question on the adoption was laid

over.

A resolution was offered by Mr. James, of Botetourt and Craig, for confiscating or sequestrating the property of deserters from the confederate army.

Mr. Hall, of Wetzell, said the Constitution would not allow confiscation beyond the term of life. But the remedy for desertion did not lie in that direction. The evil was caused by the shameful conduct of those who have the oversight of the soldiers, and particularly the officers Richmond. He proceeded to speak with much severity and bitterness of General Winder's department, and also that of the Surgeon-General. He hoped, too, that the Legislature would rebuke Jeff Davis before it adjourned.

Doc. 168.

OCCUPATION OF EAST-TENNESSEE.

GENERAL BURNSIDE'S REPORT.*

Great praise is due to the troops of the command for their patience, endurance, and courage during the movement.

Hartsuff's corps, which has been in advance, has proved itself to be one of the best in the service.

I am thankful to report that we suffered no loss from the hands of the enemy, except a few wounded.

I have the honor to be, General, very respect-
fully, your obedient servant,
A. E. BURNSIDE,
Major-General.

Doc. 169.

FIGHT AT CULPEPER COURT-HOUSE, VA.
REPORT OF MAJOR WILLIAM WELLS.
HEADQUARTERS FIRST VERMONT CAVALRY,
GROVE CHURCH, VA., September 20, 1863.
P. T. Washburn, Adjutant and Inspector-Gen-
eral of Vermont:

SIR: I beg leave to submit the following brief report of the part taken by this regiment (the. first and second battalions) in the recent operations by our cavalry against the enemy.

We left our camp near Falmouth, Va., at one o'clock P.M., on Saturday, September twelfth, 1863, and proceeded with the division to which we are attached to Kelly's Ford. Crossed the Rappahannock River early the next morning, Sunday, thirteenth instant, and arrived in the vicinity of Culpeper Court-House at about twelve o'clock M., where our calvary were briskly engaged in skirmishing with the enemy's cavalry and artillery, driving them toward the town.

The regiment was immediately directed by General Kilpatrick, commanding division, to move to the left of the town, and endeavor to cut off a portion of the enemy's force stationed in that direction; but a stream of water, running along the border of the village, had become so much Major-General H. W. Halleck, General-in-Chief: der it unfordable, and thus prevent these inswollen by the rain of the day before, as to renI have the honor to inform you that our forces structions from being carried out. We then renow occupy Knoxville, Kingston, and other im-ceived orders to charge into town, which we did, passing through, capturing eight prisoners, and

HEADQUARTERS DEPARTMENT OF THE OHIO,
NEAR LOUDON BRIDGE, TENN., September 9.

* See Doc. 122, page 407, ante.

Sergeant H. P. Aldrich, company C, missing.
Bugler A. F. Hacket, company M, missing.
WILLIAM WELLS,

Major Commanding First Vermont Cavalry.

A NATIONAL ACCOUNT

one gun, with carriage,, horses, etc., complete, and occupied a knoll on the south side of the village, where the regiment was subjected to a very severe artillery fire from the enemy's guns, stationed at our front and left. We were here directed by General Custer, commanding briCULPEPER COURT-HOUSE, VA., gade, to attack the force occupying the woods to Tuesday, Sept. 15, 1863. the left of the town, and holding the road lead- On the morning of the thirteenth the cavalry. ing in the direction of Orange Court-House. division of General Kilpatrick crossed the RapCompanies E and I of the first battalion were pahannock at Kelly's Ford, and marched in the sent to the right, dismounted, and engaged the direction of Culpeper by Brandy Station. No skirmishers of the enemy's left. The second bat-rebels in force were encountered until reaching talion, (companies B, C, H, and G,) under Cap- Brandy Station, where the advance, consisting of tain Adams, being sent forward, charged the the Harris Light, or Second New-York, met them enemy, driving them from the road, and through in some force. the woods back under the protection of their artillery, capturing twenty-six prisoners. The fight at this place continued for a considerable length of time, three separate charges having been made by our men. The force in front of the second battalion largely outnumbering their opponents, and being strongly supported, rallied and gained a temporary advantage, during which time they succeeded in removing their artillery stationed in our front. A movement on our flanks was at one time attempted, but it failed in its purpose, the enemy being compelled to retire. The repulse of the enemy along the whole line being at this time-four o'clock P.M.-complete, they retreated in the direction of the Rapidan River. The pursuit was continued until dark, but their forces did not make a stand before crossing.

The commanding officer being temporarily disabled during the engagement by the bursting of a shell, the command was turned over for a short time to Captain Adams.

The engagement lasted nearly four hours, during which time the regiment was continually under fire. We captured about forty prisoners during the day, the enemy leaving several killed and wounded on the field.

All the officers and men did their whole duty, and are entitled to great praise for their bravery and good conduct.

Accompanying this is a list of the casualties.
I have the honor to be, very respectfully, your
obedient servant,
WILLIAM WELLS,

Major Commanding First Vermont Calvary.

A brisk skirmish ensued, the rebels, however, immediately falling back toward Culpeper. At this place the division of Kilpatrick formed a junction with the divisions of Buford and Gregg, the whole under command of General Pleasanton. The whole corps advanced up the railroad toward Culpeper. General Kilpatrick had the left, resting on the left of the railroad; General Buford the centre, and General Gregg the right—the skirmishing and cannonading becoming quite sharp as we advanced. As the cavalry moved across the plain in perfect order, some of the regiments in line, some in column, and a long line of skirmishers in front, with the batteries a little to the rear, the respective division and brigade commanders moving up with their staffs, it presented one of the most brilliant spectacles of the war. The rebels did not make much resistance until we reached a point about one mile this side of Culpeper, where they opened three batteries upon Kilpatrick's division, but not checking the advance in the least. On approaching near the town, the rebels seemed disposed to dispute our further advance. A long line of dismounted infantry could be seen along a fence just across a deep creek, with two batteries in support. General Kilpatrick ordered General Custer to dislodge them, which he soon accomplished. The Sixth Michigan dismounted, and engaged the rebel skirmishers, and soon routed them in good style. Harris Light charged the battery on the edge of the town, capturing two guns. This brought the division of Kilpatrick to the edge of the town. Buford and Gregg were driving the enemy on the right, and General Kilpatrick, with characteristic boldness, was about to charge the whole rebel force upon our left, and capture the train of cars that was moving off toward Orange, but was prevented by the unexpected discovery of a deep creek, which was only passable at one place in his front. This enabled the train to escape, affording, time to the rebel cavalry to take up a strong position, a little to the rear of the town, in the woods on the Cedar Mountain road. the mean time, General Custer, at the head of the First battalion of the First Vermont, commanded by Major Wells, dashed into town, driving the rebels out and capturing one piece of artillery to the right of the town. The rebels had two other pieces in the woods to the rear of the town,

The

In