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driven back, and passed through at full speed. Just at this time, James Smith, a bugler, of company G, Seventh Ohio cavalry, was killed. As the enemy rushed through town, Lieutenant Law hurried up with a section of his howitzer battery, and getting the pieces in position in a very short time, soon drove them from the position they had taken on the hill to the left of the Jamestown road. The force consisted of Chenault's regiment. They had passed through town going north, the morning before, and now made their way back on double-quick, leaving coats, haversacks, and arms on the way.

four hours. A somewhat amusing incident oc- dashed through the farms which spread from hill curred this morning this side the ferry. Captain to hill. Just outside the town, one hundred and Alexander, with a squad of men, having crossed fifty rebels drew up in line, and charged upon the night before, came suddenly from the south our advance, but all to no purpose, for they were upon Mr. Stigold, a man of rebel proclivities, who supposed that the rebel pickets had returned again to the river, and gave what he considered "his friends" a very warm reception. The old man was somewhat taken aback when he was walked off to Somerset under a guard. About eleven o'clock in the morning, Captain Mullen, of the rebel army, who afterward attacked our advance, came to Captain West to engage boarding for thirty rebel pickets for a few days, to begin the same evening, clearly indicating that they were not looking for us so soon. In the mean time "Uncle Abe's" boys dropped in and had the impudence to eat the supper the rebels had themselves expected to partake of. The infantry did not reach Captain West's till after dark. It was necessary to reach this point in order to cover both the road from the ferry and from Mill Springs. The night was a scene of bustle and activity incident to the arriving and disposing of troops.

At three o'clock this morning Colonel Wolford was to have moved with the entire cavalry force upon Monticello. At that hour he came to the General to tell him that the First Kentucky had been struggling all night to get over the river, and had lost a number of horses, that the Second and Seventh Ohio cavalry were yet on the other side at Mill Springs, and that a deep fog had settled down upon the ford. Next, word came that the one small boat that had been used had sunk. Plan after plan seemed to be overthrown, but not on account of the brave men, for they labored with a constancy that challenged the admiration of all. The danger of sending out a general with a body of men to cross an unfordable stream, upon the banks of which the rebel pickets watched for thirty miles, without providing it a pontoon-bridge upon which to effect a safe and speedy passage, now impressed every one with redoubled force.

General Carter received these unfavorable reports without a word of complaint against any one. Finally, said he: "Well, no doubt it is all for the best.' Thus the Christian soldier, after having done all that he can, calmly relies upon Him"who doeth all things well."

The Second East-Tennessee, One Hundred and Third Ohio, and Twenty-seventh New-Jersey reached town about eleven o'clock, having made a splendid march, and in high spirits for a fight. The Wilder battery immediately followed them, and took position to watch the approach from the main road to Albany.

On our way we came to a family standing near their dwelling. The man was dressed in a suit of butternut, decorated with military buttons. Answering the General's questions unsatisfactorily, he was ordered under arrest. Then such a wail as went up from the unhappy wife and daughters. Following him, as he left his home, they would not allow their grief to be assuaged by the assurances that he would not be hurt.

Such is war! Who can tell of the broken hearts, the wails of sorrow, the tears, the widows' and orphans' cries, that have to be answered for by the authors of this unholy rebellion!

There are two roads leading to Albany, in Clinton County, one turning to the right, as we leave Monticello, and going direct; the other leading out, in the direction of Jamestown, four and a half miles, and then turning sharply to the right, by which the former would be reached about eight miles from this place; the latter, three miles from Monticello, winds around through a deep, wild gorge, at the bottom of which Beaver Creek rushes along over the rough rocks that form its bed. A few men here could hold an army at bay as long as they desired. The enemy, whether from choice or necessity, I do not know, At an early hour, Colonel Carter was sent to took the Jamestown road-our troops skirmishMill Springs, to superintend the crossing of the ing with them as they retired. Upon arriving at remainder of the cavalry, and rendered valuable the pass to which I have alluded, they became assistance to those who were still on the other more obstinate, but finally gave back, making a side of the river. At six o'clock a detachment of poor resistance, compared with their opportunicalvary, under command of Captain Carter, was ties. Upon reaching the forks of the road at the ordered to advance cautiously in the direction of top of the hill, they seemed not to know exactly Monticello. This consisted of part of the First what to do. If they turned off on the Albany Kentucky, and Second and Seventh Ohio caval- road, they would run the risk of being caught be Our advance came upon the rebels at Steu- tween two fires. If they kept on to Jamestown, benville, five miles north of the town. From they would deprive themselves of the reenforcethere till the rebels passed through Monticello ments they had sent for to Albany the night beand over the creek, there was constant skirmish-fore. Instead of making off as rapidly as they ing. For a distance of two miles north of this place, the rebels went as fast as their horses could take them, pursued by our cavalry, that

ry.

might have done, they, from the considerations alluded to, fell back into the woods that lie off beyond the cleared land that is between the two

roads. We supposed, as the army halted at the top of the hill to rest the men and horses, that the rebels were making off as fast as their stolen steeds could take them. Directly the words, "They are coming back!" passed along the column, and every man was in his saddle and pressing forward. Sure enough, on the Albany road here they came in force. This proved to be enforcements sent from Albany. Having failed to reach Chenault at Monticello, they took the other road, in hopes of rendering assistance on the Jamestown road. No one estimates them at less than one thousand five hundred, some as high as two thousand five hundred. They were mounted, and had one rifled gun and one or two small howitzers. They had not yet reached the Jamestown road, but were rapidly approaching, with an audacity that looked like superior numbers. General Carter riding forward, ordered Colonel Wolford, with the First Kentucky cavalry, two companies of the Second Ohio, and the same number of the Seventh Ohio cavalry, to engage them.

Wolford, who, with his short-range guns, had been unable to dislodge the enemy. They were hurried forward and the rifled gun placed in position. A few rounds from this caused the rebels to fall entirely away.

Evening was now drawing its shades over the scene of strife, and our forces having driven the re-enemy two miles, it was deemed proper to recall them and concentrate for the night, for they were already much separated and not in a condition to rest securely while threatened by an enemy of unknown strength. Our forces accordingly fell back to Monticello, where our reserve, under Col. Casement, of the One Hundred and Third Ohio, had been left to guard the other approach from Albany. It was nine o'clock when our men got into camp, where, after a day of rare excitement, of arduous duties, of noble stands, of gallant charges, they could prepare a hasty supper and throw themselves down upon the ground, under a moonlit sky, to rest their tired limbs and dream of an enemy baffled, driven, defeated, of a country disenthralled, and of the loved ones away, who, probably, little knew of the dangers to which their friends that day had been exposed. I have heard of but one man killed. were wounded seriously enough to mention. The enemy left nine dead upon the field; no doubt they carried as many off as they could get away, for they were seen to gather up bodies and throw them across horses in front of their men, to be borne away. How many were wounded we have no means of knowing, as they were nearly all removed.

Passing through the woods, they came at once upon the advancing columns of the enemy. A brisk musketry fire was opened immediately by both parties. Soon a section of Law's mountain howitzers, which had been sent forward under the gallant and efficient Lieutenant Law, made themselves heard. The enemy fell back across the open fields and again formed, our troops pressing them as much as their inferior numbers would render safe. Colonel Wolford having sent forward for support, the One Hundred and Twelfth Illinois, Colonel Henderson, was at once despatched to his assistance. The enemy were pressed back still further, and now retired a mile and a half. Thus matters stood on the right at four o'clock. A half-hour earlier, the enemy in considerable numbers had threatened our centre and left, evidently with the intention of rushing in and cutting off our communication with the reserve; but General Carter had already anticipated their intention, and had a section of Law's mountain howitzer battery placed in position on our centre. They now drew up in line of battle, when the Second Ohio cavalry, Colonel Kautz, was ordered to attack them. Major Gratz, Gen. Carter's Adjutant-General, begged permission to accompany them, when he, with Captain Pike, of company D, Second Ohio cavalry, followed by his splendid command, (the escort of the General,) and the remainder of the regiment, dashed off in splendid style. But the rebels would not stand. Our Colt's revolving rifles sent their little mes'sengers whizzing about their ears, and away they went. The chase was kept up for five miles, the enemy carrying off their dead and wounded. The rebels, in this pursuit, disrobed themselves of their lousy overcoats, haversacks, canteens, etc., leaving their track marked by a shower of greasy butternut garments. The Second EastTennessee, Colonel Carter, arriving, with a section of the Wilder battery, under Lieut. Ricketts, the Forty-fifth Ohio, Colonel Runkle, with one of the guns, was ordered to the support of Col. VOL. VI.-Doc. 37

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We captured one Major, Lieutenant Terrell, of Chenault's cavalry, and made about twenty other prisoners, that we know of. This, no doubt, will be increased, as they are coming in every hour. It was rather a singular spectacle to see an EastTennessee prisoner having numerous friends come up to give him a hearty shake of the hand. Poor fellow! he no doubt was an unwilling subject of Jeff Davis, for he was a conscript, and had been in the service but two months. Beside the prisoners, several horses, muskets, and carbines were taken.

I am satisfied that there is much destitution among Southern troops; for, having the curiosity to look into the haversack of a dead rebel, I found a piece of hard, musty bread, that looked as if it had been baked for months, and handled with dirty hands as long. I am sure a hog would have to be hungry to eat it.

I cannot speak too well of the behavior of our troops. During their tiresome march, and their almost superhuman efforts at the river, they bore all with patience; and when a day of continued fighting came, those who were engaged threw themselves against the enemy with a force that was resistless, while those left in reserve fretted for a chance to be led against the foe. General Carter managed his forces skilfully, penetrated the enemy's designs, and made his dispositions in such a way as to defeat the enemy at every point. The force of the enemy is variously estimated. None place it less than two thousand,

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REBEL ACCOUNT OF THE BATTLE.

Early on the morning of the first instant, Colonel Morrison, then commanding our brigade at Albany, Kentucky, received despatches from Colonel Chenault, at Monticello, to the effect that he was holding the enemy in check, that their force consisted of only three regiments of infantry and one of cavalry, including four pieces of artillery, and if he, Colonel Morrison, would come to their assistance, they could capture the entire command, or run them into the river. Colonel Morrison immediately ordered the brigade in the direction of Monticello in quick-time. Though Chenault had long since retreated from every position he held, from Monticello back to where the Albany road leaves the Jamestown road, had fallen back nine miles, thus cutting off all communication with Colonel Morrison and the force on the Jamestown road. Captain Day's battalion was the advance. He, true to the instincts of a cautious commander, ordered two advanceguards. Lieutenant Gibson, commanding the first, was cut off and made his way to Chenault. The second was fired into, when the battalion was about-faced, and, whilst forming in a field adjacent that one in which they were marching, the Yankees made an attempt to charge their line, which was responded to by a volley of Minie-balls, when the order was given by the vallant and chivalrous Day to charge their advancing column, which they did in magnificent style. If ever blue-bellies took to their heels, they did. They never stopped until they got to

a woodland one mile distant.

Colonel Morrison ordered back to the left Day's battalion and moved forward the artillery, Hincel's battery. The lines of the enemy were then within four hundred yards of our lines. Lieutenant Ramsey opened on them with deadly effect-every shot penetrated their lines. They soon left the field, followed by bombs of cool and intrepid Ramsey.

The artillery in connection with Day's battalion forced the enemy back on their right and from our left, when they attempted to turn our right flank. Major Cobb had been sent to protect our right, but found the enemy occupying the hills commanding the road, and was forced to take position some distance from the road. The enemy coming up on our centre, Major Cobb was ordered to hold his position, as that was considered the only safe way to take out our artillery. But before the despatch was received by the Major, he was forced from his position with the enemy following him. Colonel Morrison was then

completely flanked, though he was prepared to drive back the enemy on the centre, should they continue to advance. The battery occupied an eminence commanding the road for some distance. The First Georgia, Major Davis, was in front; Colonel Carter was ordered up, but did not have time to take his position; Day's battalion was on the extreme left. Colonel Morrison, under the circumstances, was ordered to fall back in the direction of Travisville, as the enemy were crossing the river at Greary Creek, only a few miles below, with two regiments of infantry, two of cavalry, and a heavy battery of artillery.

During the evening, Chenault sent a despatch to Colonel Morrison, requesting reenforcements, as the enemy were pressing him. Colonel Carter was detached and ordered to his relief. He came to Travisville, and lo! Chenault had sent Major Coff's command and the First Louisiana to that point, whilst he and Cluke struck a “bee line” in the direction of Middle Tennessee-without notifying Colonel Morrison or the reënforcements of his having left the position he had been holding that evening.

Our brigade came through from the Albany road to Travisville unmolested but not whipped, for we had maintained our position and forced the enemy from theirs. Stragglers who were prejudiced against Colonel Morrison, and were too cowardly to remain in the field, skulked off to East-Tennessee to tell the tales of disaster and scandal.

Our loss was two killed, nine wounded, and three prisoners. The loss of the enemy must have been from fifteen to twenty killed, aside from many wounded. Though the enemy shelled the brigade with four pieces of artillery for near an hour, they never forced back the brigade. Their entire force must have consisted of six or seven thousand, mostly mounted infantry, as there was a heavy force on both roads.

At Hernden's we met the long looked for Pegram, who would have been greeted with many cheers but for the timidity of the men. All hearts seemed buoyed up by his arrival.

He carries with him confidence wherever he goes. His appearance inspires his command with a feeling of confidence and success. He don't aspire for a commander of superior skill and ability. He has just returned from an arduous trip to Richmond, where he has been procuring arms and ammunition for his brigade. He will soon have his command the best armed of any in the confederate army. -Memphis Appeal.

Doc. 182.

REBEL RETALIATORY ACT.

Resolved, by the Congress of the Confederate States of America, in response to the message of the President, transmitted to Congress at the commencement of the present session, that in the opinion of Congress the commissioned officers of the enemy ought not to be delivered to the authorities of the respective States, as suggested

in the said message; but all captives taken by the confederate forces ought to be dealt with and disposed of by the confederate government.

Approved May 1, 1863.

SEC. 7. All negroes and mulattoes who shall be engaged in war or taken in arms against the confederate States, or shall give aid or comfort SEC. 2. That, in the judgment of Congress, the to the enemies of the confederate States, shall, Proclamations of the President of the United when captured in the confederate States, be deStates, dated respectively September twenty-livered to the authorities of the State or States in second, eighteen hundred and sixty-two, and which they shall be captured, to be dealt with acJanuary first, eighteen hundred and sixty-three, cording to the present or future laws of such State and the other measures of the Government of or States. the United States and of its authorities, commanders and forces, designed or tending to emancipate slaves in the confederate States, or to abduct such slaves, or to incite them to insurrection, or to employ negroes in war against the confederate States, or to overthrow the institution of African slavery and bring on a servile war in these States, would, if successful, produce atrocious consequences, and they are inconsistent with the spirit of those usages which in modern warfare prevail among civilized nations; they may, therefore, be properly and lawfully repressed by retaliation.

SEC. 3. That in every case wherein, during the present war, any violation of the laws or usages of war among civilized nations shall be, or has been, done and perpetrated by those acting under the authority of the Government of the United States, on the persons or property of citizens of the confederate States, or of those under the protection or in the land or naval service of the confederate States, or of any State of the Confederacy, the President of the confederate States is hereby authorized to cause full and complete retaliation to be made for every such violation, in such manner and to such extent as he may think proper.

SEC. 4. That every white person, being a commissioned officer, or acting as such, who, during the present war, shall command negroes or mulattoes in arms against the confederate States, or who shall arm, train, organize, or prepare negroes or mulattoes for military service against the confederate States, or who shall voluntarily aid negroes or mulattoes in any military enterprise, attack, or conflict in such service, shall be deemed as inciting servile insurrection, and shall, if captured, be put to death, or be otherwise punished at the discretion of the court.

SEC. 5. Every person, being a commissioned officer, or acting as such in the service of the enemy, who shall, during the present war, excite, attempt to excite or cause to be excited servile insurrection, or who shall incite or cause to be incited a slave to rebel, shall, if captured, be put to death, or be otherwise punished at the discretion of the court.

SEC. 6. Every person charged with an offence punishable under the preceding resolutions shall, during the present war, be tried before the military court attached to the army or corps by the troops of which he shall have been captured, or by such other military court as the President may direct, and in such manner and under such regulations as the President shall prescribe, and, after conviction, the President may commute the punishment in such manner and on such terms as he may deem proper.

To

Doc. 183.

BATTLE OF CHANCELLORSVILLE.
REPORT OF BRIG.-GEN. STEINWEHR.®
HEADQUARTERS SECOND DIVISION, ELEVENTH CORPS,
}
STEVENS'S FARM, VA., May 8, 1863.
Lieutenant-Colonel Meurenburg, Assistant
Adjutant-General, Eleventh Corps:

COLONEL I have the honor to forward the following report of the part taken by my division in the action on the evening of the second of May :

On the thirtieth ultimo we arrived near Dowdell's tavern, about two miles west of Chancellorsville. This tavern is situated on the plankroad, which runs in an easterly direction toward Chancellorsville and Fredericksburgh. It is surrounded by undulating fields, which are seamed on three sides by heavy timber, but slope down at the west side toward open ground traversed by a small brook. Upon these fields you ordered me to take position.

I directed the First brigade, Col. Buschbeck, to occupy the fields south of the road, and the Second brigade, Gen. Francis Barlow, those north of it. My division was to be considered as a reserve for the First and Third divisions, which were placed in position west of us. At about four o'clock P.M., on the second instant, you ordered me to send the Second brigade, General F. Barlow commanding, to support the right wing of General Sickles's corps, then engaged with the enemy. The brigade immediately started, and, accompanied by yourself and myself, reached the right wing of General Birney's division (of General Sickles's corps) in about an hour's time. We found General Birney's sharp-shooters skirmishing with the enemy; and as no engagement was imminent, I returned to the First brigade, near Dowdell's.

Soon I heard heavy firing in that direction, which showed that a strong attack was made upon our corps. When I arrived upon the field I found Colonel Buschbeck, with three regiments of his brigade, (the Twenty-seventh Pennsylvania, Seventy-third Pennsylvania, and One Hundred and Fifty-fourth New-York volunteers,) still occupying the same ground, near the tavern, and defending this position with great firmness and gallantry; the fourth regiment (the Twenty-ninth regiment New-York volunteers) he had sent to the north side of the road, to fill the place lately occupied by the Second brigade, before its detachment. The attack of the enemy was very powerful. They emerged in close columns from

the woods, and had thrown the First and Second | showing the first position of this division. I have divisions, who retired toward Chancellorsville, in the honor to be your obedient servant,

great confusion. Col. A. Buschbeck succeeded to check the progress of the enemy, and I directed him to hold his position as long as possible. The men fought with great determination and

courage.

Soon, however, the enemy gained both wings of the brigade, and the enfilading fire which was now opened upon this small force, and which killed and wounded nearly one third of its whole strength, soon forced them to retire. Colonel A. Buschbeck then withdrew his small brigade in perfect order toward the woods, the enemy closely pressing on. Twice he halted, fired a round, and at last reached the rear of General Sickles's corps, which had been drawn up in position near Chancellorsville. Here he formed his regiment in close column, and you will recollect, offered to advance again to a bayonet-charge. The Second brigade, Gen. F. Barlow commanding, had, during this time, advanced in a southerly direction. Gen. F. Barlow soon also heard the heavy firing. He received from Gen. Birney a communication advising him to close up to the Third corps, which he joined about nine o'clock P.M. near Chancellorsville. On the morning of May third General F. Barlow reviewed the corps.

A. VON STEINWEHR, Brigadier-General Commanding Second Division.

GENERAL CARROLL'S REPORT.

HEADQUARTERS FIRST BRIGADE, THIRD DIVISION,
ARMY CORPS, May 10, 1563.

Major John M. Norvell, Assistant Adjutant-Gen-
eral Third Division, Second Army Corps:
SIR: I have the honor to make the following
report of the part taken by my brigade in the
late expedition across the Rappahannock, and in
the action at Chancellorsville.

I moved from my present camp at six a.m. of the twenty-ninth ultimo, arrived in the vicinity of the United States Ford about eleven A.M., picketed the river from about a mile below the Ford, up to and including Richardson's Ferry. On the thirtieth ultimo, at half-past three P.M., the pontoon-bridges having been laid, this brigade was the first to cross, forming a line of battle on the hills opposite and skirmishing through the woods, finding no enemy. A short time before dusk were put en route and marched to the White House, near Chancellorsville, where we bivouacked for the night.

On May first, at one o'clock P.M., was ordered Both brigades were placed, on the third of May, to move the brigade on the road to Chancellorsbehind the rifle-pits toward the left of the army, ville. The column had not cleared camp before which position they occupied until the army was the action was commenced by the forces in our withdrawn, on May sixth. From this short rela- front. We remained in this position for an hour, tion, you will see that my Second brigade was and then was ordered to mass my brigade in the not engaged, owing to its being detached, and woods on the right of the road, which was done. that the First brigade displayed the greatest After retaining this position for some two hours, bravery under very trying circumstances. It was ordered to occupy the same ground I did the numbered about one thousand five hundred mus-night before. About dusk was ordered to form kets, and held a position which was originally in line of battle on the edge of the wood to the designed to be held by my whole division. It right of the road, which position we occupied durstood undismayed by the furious attack of an ing the night. enemy flushed with victory over the two other Between seven and eight o'clock A.M., on the divisions, and was ready again to advance as soon second, was ordered by the Major-General comas it was re-formed. Our loss is heavy. The manding division to occupy the edge of the wood First brigade lost in killed and wounded four on the left of the wood, the line of battle being hundred and ninety-four men and two officers; nearly perpendicular to the line occupied the night among the latter, three regimental commanders, before, joining with Major-Gen. Hancock's division Col. Jones, One Hundred and Fifty-fourth regi- my right, and Major-Gen Sykes's division on my ment New-York volunteers; Lieut.-Col. Hart- left, and to throw out skirmishers on the same mann, Twenty-ninth regiment New-York volun- line with theirs. Between ten and eleven A.M. was teers; and Lieut.-Col. Moore, of Third Pennsyl-ordered by the Major-General commanding the vania volunteers.

corps to dig rifle-pits and fell an abattis in my front, which were completed by sunset. I retained my position during the night.

Col. Buschbeck lost two aids, Capt. Bode, seriously wounded, and Lieut. Grimm, both probably in the hands of the enemy. I must speak in At seven A.M., on the third, received orders from high terms of Col. Adolph Buschbeck for his gal- the Major-General commanding division to take lantry and determination, and for the complete four regiments and form line of battle facing the control he retained over his command during the woods, parallel to the plank-road, which I did, whole time of the engagement; also, of his Act- taking the Eighth Ohio, Fourteenth Indiana, ing Assistant Adjutant-General, Capt. Alexander, Fourth Ohio, and Seventh Virginia, leaving the who was constantly in the lines, and cheered the Twenty-fourth and Twenty-eighth New-Jersey to men by his courageous bearing. The conduct of occupy the rifle-pits we had dug; then received the officers of my own staff also merits praise. orders from the same source to have the right They were much exposed. Major McAloon, As-wing of the right regiment from behind the houses sistant Inspector - General, particularly distinguished himself. I annex a sketch of the ground,

and out-buildings occupied by the division commander as his headquarters. In about half an

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