They will meet your officers at the hour designated, at a point where the flag of truce was received this morning. I will direct that active hostilities shall entirely cease on my part until forther notice, for the purpose stated. Very respectfully yours, etc., N. P. BANKS, Maj.-Gen. Commanding.

The following are the articles of capitulation mutually agreed upon and adopted:

ART. 1. Maj.-Gen. Frank Gardner surrenders to the United States forces under Maj.-Gen, Banks, the place of Port Hudson and its dependencies, with its garrison, armaments, munitions, public funds, and materials of war, in the condition, as nearly as may be, in which they were at the hour of cessation of hostilities, namely, 6 o'clock A. M., July 8th, 1863.

ART. 2. The surrender stipulated in article one is qualified by no condition, save that the officers and enlisted men comprising the garrison shall receive the treatment due to prisoners of war, according to the usages of civilized warfare.

ART. 3. All private property of officers and enlisted men shall be respected, and left to their respective

owners.

ART. 4. The position of Port Hudson shall be occupied to-morrow, at 7 o'clock A. M., by the forces of the United States, and its garrison received as prisoners of war by such general officers of the United States service as may be designated by Maj.-Gen. Banks, with the ordinary formalities of rendition. The Confederate troops will be drawn up in line, officers in their positions, the right of the line resting on the edge of the prairie south of the railroad depot; the left extending in the direction of the village of Port Hudson. The arms and colors will be piled conveniently, and will be received by the officers of the United States.

ART. 5. The sick and wounded of the garrison will be cared for by the authorities of the United States, assisted, if desired by either party, by the medical officers of the garrison.

July. Gen. Andrews, Chief of Staff of Gen. Banks, with Col. Birge leading his column, followed by two picked regiments from each division, with Holcombe's and Rowle's batteries of light artillery, and the gunners of the naval battery, entered the fortifications. The enemy were drawn up in line, with their officers in front of them, on one side of the road, with their backs to the river. The Federal troops were drawn up in two lines on the opposite side of the road, with their officers in front. Gen. Gardner then advanced, and offered to surrender his sword with Port Hudson. In appreciation of his bravery, he was desired to retain it. He then said: "" General, I will now formally surrender my command to you, and for that purpose will give the order to ground arms." The order was given, and the arms grounded. The surrender comprised, besides the position, 6,233 prisoners, 51 pieces of artillery, two steam ers, 4,400 lbs. of cannon powder, 5,000 small arms, and 150,000 rounds of ammanition. The loss of Gen. Banks from the 23d to the 30th of May was about one thousand. The village of Port Hudson consisted of a few houses and a small church, which had been nearly destroyed by the cannonade. The wounded and sick of the garrison suffered the most from want of medical stores. The

provisions of the garrison were nearly exhausted.

AFTER the battle of Fredericksburg on the 13th of December, 1862, the army, under Maj.Gen. Burnside, remained inactive for some weeks. Its position was opposite Fredericksburg. Indications of some movement, however, were manifest about the 16th of January. The roads were dry, and, on the night of the 16th, the pontoons were brought up from Belle Plain, and with the utmost secrecy taken near the river some distance above. An order to march had been twice issued and countermanded. On the 17th it was issued again, requiring each soldier to have three days' rations and sixty rounds of cartridges. The army at this time was as strong in numbers and material as it had ever been. It was supposed that the forces of Gen. Lee had been somewhat reduced by the withdrawal of small bodies to reënforce other points. His

army was composed of eight divisions, commanded by Gens. A. P. and D. H. Hill, Early, Hood, Walker, Ransom, McLaws, and Ander son. Each division consisted of four to five brigades, and each brigade had from five to seven regiments. It was the intention of Gen. Burnside to move his army a few miles further up the Rappahannock, and cross at the fords and make an attack upon the flank of Gen. Lee. On the next day the order was postponed. The enemy in the mean time were on the alert, and expecting an attack at any time. On Tuesday, the 20th, Gens. Hooker and Franklin moved in heavy order, with tents, &c., toward Hartwood Church, which is directly north of the United States ford of the Rappahannock, which is twelve miles above Fredericksburg. Gen. Sigel moved in the afternoon in the same

direction. The movement of Gen. Hooker was made by a road three miles north of the river, and concealed from the view of the enemy's pickets on the south bank. That night, at ten o'clock, a storm from the northeast commenced with high wind and torrents of rain. The march began the next morning at daylight, but the roads had become almost impassable. In every gully, batteries, caissons, supply wagons, ambulances, and pontoons were mired. All day there was a constant and exhausting struggle of men, horses, and mules with the mud. On Wednesday night the wearied troops lay down in their blankets. The storm still continued. During the next day an effort was made to concentrate on the high table land near Banks's Ford. It now became too manifest that it would be impossible to get the army through the freshly cut roads to the river, so that the fords could be reached. On Friday the storm abated, but further progress was necessarily suspended, and on the next day the movement was abandoned, and the army returned to its former quarters.

On Monday, the 26th, Gen. Burnside issued the following address, surrendering the command of the army to Gen. Hooker:

HEADQUARTERS ARMY OF THE POTOMAC, CAMP NEAR FALMOUTH, January 26th, 1863. By direction of the President of the United States, the Commanding General this day transfers the command of this army to Major-Gen. Joseph Hooker.

The short time that he has directed your movements has not been fruitful of victory or any considerable advancement of our lines, but it has again demonstrated an amount of courage, patience, and endurance that under more favorable circumstances would have accomplished great results.

Continue to exercise these virtues. Be true in your devotion to your country and the principles you have sworn to maintain. Give to the brave and skilful general who has long been identified with your or ganization, and who is now to command you, your full and cordial support and cooperation, and you will de

serve success.

In taking an affectionate leave of the entire army, from which he separates with so much regret, he may be pardoned if he bids an especial farewell to his longtried associates of the ninth corps. His prayers are that God may be with you, and grant you continued success until the rebellion is crushed. Major-Gen. BURNSIDE.

By command of

LEWIS RICHMOND, A. A. G.

At his own

request, Gen. Burnside was re

and I did not feel that I could take it; I counselled with two of my staff officers in regard to it, for, I should I had no right, as a soldier, to disobey the order, and think, an hour and a half. They urged upon me that that I had already expressed to the Government my unwillingness to take the command; I told them what my views were with reference to my ability to exercise such a command, which views were those I had unmand such a large army as this; I had said the same reservedly expressed, that I was not competent to comover and over again to the President and Secretary of War; and also that if matters could be satisfactorily arranged with Gen. McClellan, I thought he could other general in it. command the Army of the Potomac better than any

lieved of his command, and the President immediately conferred it upon Gen. Hooker. The views under which this command had been accepted by Gen. Burnside were thus stated by him in his testimony before a committee appointed by Congress to investigate the conduct

of the

war:

On the same day when Gen. Burnside retired, Gen. Hooker, on assuming the command, issued the following address to the army:

HEADQUARTERS, CAMP NEAR FALMOUTH, January 26th, 1863. By direction of the President of the United States Potomac. the undersigned assumes command of the Army of the

He enters upon the discharge of the duties imposed by the trust with a just appreciation of their responsibility. Since the formation of this army he has been identified with its history; he has shared with you its glories and reverses, with no other desire than that these relations might remain unchanged until its des tiny should be accomplished.

In the record of your achievements there is much to be proud of, and, with the blessing of God, we will contribute something to the renown of our arms and the success of our cause. To secure these ends your commander will require the cheerful and zealous cooperation of every officer and soldier in the army. In equipment, intelligence, and valor the enemy is our inferior. Let us never hesitate to give him battle whenever we can find him.

The undersigned only gives expression to the feelings of this army when he conveys to our late commander, Maj. Gen. Burnside, the most cordial good wishes for his future.

My staff will be announced as soon as organized.
JOSEPH HOOKER,

Maj.-Gen. Commanding Army of the Potomac. time relieved of the command of the right and Gens. Sumner and Franklin were at the same left divisions of the army. The following is the official order of the President under which these changes were made:

HEADQUARTERS OF THE ARMY,
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
WASHINGTON, January 25th, 1863.

I. The President of the United States has directed: First. That Maj.-Gen. A. E. Burnside, at his own request, be relieved from the command of the Army of the Potomac.

Second. That Maj.-Gen. E. V. Sumner, at his own

request, be relieved from duty in the Army of the Po

tomac.

from duty in the Army of the Potomac.

Third. That Maj.-Gen. W. B. Franklin be. relieved

Fourth. That Maj.-Gen. J. Hooker be assigned to the

command of the Army of the Potomac.

The officers relieved as above will report in person to the Adjutant-General of the Army. By order of the Secretary of War,

E. D. TOWNSEND, Assistant Adjutant-General. On the 26th of January, the Senate of the U.

S. Congress adopted the following resolution:

Resolved, That the War be instructed to

Committee on the Conduct of the inquire whether Maj. Gen. A. E.

Potomac, or any portion of the same; and if so, whether any subordinate generals of said army have written to or visited Washington to oppose or interfere with the execution of such movements, and whether such proposed movements have been arrested or interfered with, and, if so, by what authority.

The report of the committee, which was published in April, 1863, thus states the proceedings under the resolution:

Under that resolution, your committee proceeded to take the testimony of Maj.-Gens. A. E. Burnside and John G. Parke, and Brig.-Gens. John Newton, John Cochrane, and Wm. W. Averill. That testimony brings. to light the following facts:

Shortly after the battle of Fredericksburg, Gen. Burnside devised a plan for attacking the enemy in his front. The main army was to cross at a place some six or seven miles below Fredericksburg. The positions for the artillery to rotect the crossings were all selected; the roads were all surveyed, and the corduroy was cut for preparing the roads. At the same time a feint of crossing was to be made some distance above Falmouth, which feint could be turned into a positive attack should the enemy discover the movement below; otherwise the main attack was to be made below. In connection with this movement of the main army, a cavalry expedition was organized, consisting of twenty-five hundred of the best cavalry in the Army of the Potomac, one thousand of whom were picked men. The plan of that expedition was as follows: Accompanied by a brigade of infantry detailed to protect the crossing of the Rappahannock, it was to proceed to Kelly's Ford; there the thousand picked men were to cross, and to proceed to the Rapidan, and cross that river at Racoon Ford; then to go onward and cross the Virginia Central railroad at Louisa Court House; the James river at Goochland or Carter's, blowing up the locks of the James River canal at the place of crossing; cross the Richmond and Lynchburg railroad at a point south of there, blowing up the iron bridge at the place of crossing; cross the Richmond, Petersburg, and Weldon railroad where it crosses the Nottoway river, destroying the railroad bridge there; and then proceed on by Gen. Pryor's command, and effect a junction with Gen. Peck at Suffolk, where steamers were to be in waiting to take them to Aquia creek. To distract the attention of the enemy, and to deceive them in regard to which body of cavalry was the attacking column, at the time the thousand picked men crossed the Rappahannock a portion of the remaining fifteen hundred was to proceed toward Warrenton; another portion toward Culpepper Court House; and the remainder were to accompany the thousand picked men as far as Racoon Ford, and then return. While this cavalry expedition was in progress, the general movement was to be made across the river.

On the 26th of December an order was issued for the entire command to prepare three days' cooked rations; to have their wagons filled with ten days' small rations, if possible; to have from ten to twelve days' supply of beef cattle with them; to take forage for their teams and their artillery and cavalry horses, and the requisite amount of ammunition-in fact, to be in a condition to move at twelve hours' notice.

Shortly after that order was issued, Gen. John Newton and Gen. John Cochrane-the one commanding a division and the other a brigade in the left grand division, under Gen. William B. Franklin-came up to Washington on leave of absence. Previous to obtaining leave of absence from Gen. Franklin, they informed him and Gen. William F. Smith that when they came to Washington they should take the opportunity to represent to some one in authority here the dispirited condition of the army, and the danger there was of attempting any movement against the enemy at that time.

When they reached Washington, Gen. Cochrane, as be states, endeavored to find certain members of Con

That day the interview took place, and Gen. Newton opened the subject to the President. At first the President, as Gen. Newton expresses it, “very naturally conceived that they had come there for the purpose of injuring Gen. Burnside, and suggesting some other person to fill his place." Gen. Newton states that, while he firmly believed that the principal cause of the dispirited condition of the army was the want of confidence in the military capacity of Gen. Burnside, he deemed it improper to say so to the President "right square out," and therefore endeavored to convey the same idea indirectly. When asked if he considered it any less improper to do such a thing indirectly than it was to do it directly, he qualified his previous assertion by saying that his object was to inform the President of what he considered to be the condition of the army, in the hope that the President would make inquiry and learn the true reason for himself. Upon perceiving this impression upon the mind of the President, Gens. Newton and Cochrane state that they hastened to assure the President that he was entirely mistaken, and so far succeeded that at the close of the interview the President said to them he was glad they had called upon him, and that he hoped that good would result from the interview.

To return to General Burnside. The cavalry expedition had started; the brigade of infantry detailed to accompany it had crossed the Rappahannock at Richard's Ford, and returned by way of Ellis's Ford, leaving the way clear for the cavalry to cross at Kelly's Ford. The day they had arranged to make the crossing, General Burnside received from the President the following telegram: "I have good reason for saying that you must not make a general movement without letting me know of it."

Gen. Burnside states that he could not imagine, at the time, what reason the President could have for sending him such a telegram. None of the officers of his command, except one or two of his staff, who had remained in camp, had been told anything of his plan beyond the simple fact that a movement was to be made. He could only suppose that the despatch related in some way to important military movements in other parts of the country, in which it was neces sary to have cooperation.

Upon the receipt of that telegram steps were immediately taken to halt the cavalry expedition where it then was (at Kelly's Ford) until further orders. A portion of it was shortly afterward sent off to intercept Stuart, who had just made a raid to Dumfries and the neighborhood of Fairfax Court House, which it failed to do.

Gen. Burnside came to Washington to ascertain from the President the true state of the case. He was informed by the President that some general officers from the Army of the Potomac, whose names be de clined to give, had called upon him and represented that Gen. Burnside contemplated soon making a movement, and that the army was so dispirited and demoralized that any attempt to make a movement at that time must result in disaster; that no prominent officers in the Army of the Potomac were in favor of any movement at that time.

Gen. Burnside informed the President that none of his officers had been informed what his plan was, and then proceeded to explain it in detail to the President. He urged upon the President to grant him permission to carry it out, but the President declined to do so at that time. Gen. Halleck and Secretary Stanton were sent for, and then learned, for the first time, of the President's action in stopping the movement, although

Gen. Halleck was previously aware that a movement was contemplated by Gen. Burnside. Gen. Halleck, with Gen. Burnside, held that the officers who had made those representations to the President should be at once dismissed the service.

Gen. Burnside remained here at that time for two days, but no conclusion was reached upon the subject. When he returned to his camp he learned that many of the details of the general movement, and the details of the cavalry expedition, had become known to the rebel sympathizers in Washington, thereby rendering that plan impracticable. When asked to whom he had communicated his plans, he stated that he had told no one in Washington except the President, Secretary Stanton, and Gen. Halleck; and in his camp none knew of it except one or two of his staff officers, who had remained in camp all the time. He professed himself unable to tell how his plans had become known to the enemy.

A correspondence then took place between the President, Gen. Halleck, and Gen. Burnside. Gen. Burnside desired distinct authority from Gen. Halleck, or some one authorized to give it, to make a movement across the river. While urging the importance and necessity of such a movement, he candidly admitted that there was hardly a general officer in his command who approved of it. While willing to take upon himself all the responsibility of the movement, and promising to keep in view the President's caution concerning running any risk of destroying the Army of the Potomac, he desired to have at least Gen. Halleck's sanction or permission to make the movement. Gen. Halleck replied that while he had always favored a forward movement, he could not take the responsibility of giving any directions as to how and when it should be

made.

Gen. Burnside then determined to make a movement without any further correspondence on the subject. He was unable to devise any as promising as the one just thwarted by this interference of his subordinate officers, which interference gave the enemy the time, if not the means, to ascertain what he had proposed to do. He, however, devised a plan of movement, and proceeded to put it in execution. As is well known, it was rendered abortive in consequence of the severe storm which took place shortly after the movement began.

Gen. Burnside states that, besides the inclemency of the weather, there was another powerful reason for abandoning the movement, viz., the almost universal feeling among his general officers against him. Some of those officers freely gave vent to their feelings in the presence of their inferiors. In consequence of this, and also what had taken place during the battle of Fredericksburg, &c., Gen. Burnside directed an order to be issued, which he styled General Order No. 8. That order dismissed some officers from the service, subject to the approval of the President, relieved others from duty with the Army of the Potomac, and also pronounced sentence of death upon some deserters who had been tried and convicted.

Gen. Burnside states that he had become satisfied that it was absolutely necessary that some such examples should be made, in order to enable him to maintain the proper authority over the army under his command. The order was duly signed and issued, and only waited publication. Two or three of his most trusted staff officers represented to Gen. Burnside that should he then publish that order, he would force upon the President the necessity of at once sanctioning it, or, by refusing his approval, assume an attitude of hostility to Gen. Burnside. The publication of the order was accordingly delayed for the time.

Gen. Burnside came to Washington and laid the order before the President, with the distinct assurance that in no other way could he exercise a proper command over the Army of the Potomac; and he asked the President to sanction the order, or accept his resignation as major-general. The President acknowledged that Gen. Burnside was right, but declined to decide without consulting with some of his advisers.

To this Gen. Burnside replied, that if the President took time for consultation he would not be allowed to publish that order, and therefore asked to have his resignation accepted at once. This the President declined to do.

Gen. Burnside returned to his camp, and came again to Washington that night at the request of the President, and the next morning called upon the President for his decision. He was informed that the President declined to approve his order No. 8, but had concluded to relieve him from his command of the Army of the Potomac, and to appoint Gen. Hooker in his place. Thereupon Gen. Burnside again insisted that his resignation be accepted. This the President declined to do; and, after some urging, Gen, Burnside consented to take a leave of absence for thirty days, with the understanding that, at the end of that time, he should be assigned to duty, as he deemed it improper to hold a commission as major-general and receive his pay without rendering service therefor. Gen. Burnside ob jected to the wording of the order which relieved him from his command, and which stated that it was at his own request, as being unjust to him and unfounded in fact; but upon the representation that any other order would do injury to the cause, he consented to let it remain as it then read.

The foregoing statements of the facts proved, together with the testimony herewith submitted, so fully and directly meet the requirements of the resolution, referred to them, that your committee deem any comment by them to be entirely unnecessary.

Subsequently a letter appeared from Gen. Cochrane, of which the following is an extract:

I have no copy of my evidence, nor have I seen Gen. Newton's. But I remember to have stated explicitly that I knew nothing of Gen. Burnside's plan; that I knew only of the dispirited condition of the troops, and the sense of apprehension which depressed them, and that I recognized it as a duty to communicate this knowledge to those whose duty it was to apply it. This much I testified that I had said to the Presi

dent; and I then further said to the committee that had I been the depository of the commanding general's plans, and the possessor of facts which would necessarily have baffled those plans, and have involved the army in irretrievable ruin, I would have considered it no less than treason not to have disclosed the factsthat I was impressed that another defeat, then and there, would have been fatal to our cause; and that it was upon my deepest loyalty that I had spoken-that the geese had doubtless disturbed the sleeping Roman sentinel, when their alarm saved the capital from the Gauls; but that I had never heard that the geese had been punished for disturbing the sentinel, though I had heard that they had been honored for saving the state.

The following has appeared as so much of the order No. as relates to the dismissal and relief of certain officers:

First. Gen. Joseph E. Hooker, Major-General of Volunteers and Brigadier-General of the United States Army, having been guilty of unjust and unnecessary criticisms of the actions of his superior officers, and of the authorities, and having, by the general tone of his conversation, endeavored to create distrust in the minds of officers who have associated with him, and having, by omissions and otherwise, made reports and statements which were calculated to create incorrect impressions, and of habitually speaking in disparaging terms of other officers, is hereby dismissed the service of the United States, as a man unfit to hold an important commission during a crisis like the present, when so much patience, charity, confidence, consideration, and patriotism are due from every soldier in the field. The