would not have halted short of Chattanooga, can scarcely be estimated; and its importance in a tactical point of view, must be apparent to every experienced military mind. Had the two roads converging at Rossville been relinquished to or seized by the enemy, it would in probability have sealed the fate of General Thomas's command, which was compelled to fall back that night for supplies. The influence my action exerted over subsequent events, may be designated in history as an accident, but it was one of those military accidents which restored order with equilibrium, changed the front of a defeated army, and according to the testimony of General Rosecrans and others, unquestionably saved Chattanooga. Public opinion estimates the ability of a general by results. The value and importance of my official action, from the moment I was assigned to the command of the artillery (without referring to the "handsome" operation of my command on the nineteenth September) until the close of the twenty-first, is not, in view of the testimony taken before the Court, open to controversy. The saving of fifty pieces of artillery is in itself significant. I beg of you to observe, in this connection, that I possessed no knowledge of the topography of the country or of the disposition of the troops, beyond an imperfect view from the position I occupied. The only intelligence I had of the disaster, was derived from statements of officers passing to the rear. A strong impression was naturally made upon my mind by General Rosecrans's significant reply to my application for aid, and by the information that he, with two of his corps commanders, had gone toward Chattanooga. If the Department Commander, with a large retinue of staff-officers, corps of engineers and a cavalry escort, failed, as he admits, to correctly comprehend under the circumstances the situation at noon, how was it possible, with my very limited facilities, and almost enveloped by the enemy, for me to know the facts at one P.M.? GENERAL BANKS'S ORDERS. HEADQUARTERS DEPARTMENT OF THE GULF, GENERAL ORDERS, No. 23: THE following general regulations are published for the information and government of all interested in the subject of compensated plantation labor, public or private, during the present year, and in continuation of the system established January thirtieth, 1863: I. The enlistment of soldiers from plantations under cultivation in this department, having been suspended by order of the Government, will not be resumed except upon direction of the same high authority. II. The Provost-Marshal General is instructed to provide for the division of parishes into police and school districts, and to organize from invalid soldiers a competent police for the preservation of order. III. Provision will be made for the establishment of a sufficient number of schools, one at least for each of the police and school districts, for the instruction of colored children under twelve years of age, which, when established, will be placed under the direction of the Superintendent of Public Education. Military history proves beyond contradiction that no single battle, no matter what may be its magnitude or results, is a positive or even fair test of the ability of a commander. The fear of public opinion, after a disastrous battle, betrays many officers, sometimes high in command, to deny even their unavoidable mistakes, to direct attention to the errors of brother officers, to claim honors undeserved, laurels never won, and by a skilful use of the pen exaggerate the simple performance of duty into a great achievement. If I know my own purposes in life, I seek no honor by such unsoldierly pretexts, and scorn such means of vindication. As this investigation refers to but a single battle, it would be unbecoming in me to refer to my previous services and the many assurances of confidence and appreciation won from my superior officers on other fields. The testimony before you pays a higher tribute to my fidelity to country, my skill, energy, and fortitude as a commander, than I could VI. Flogging and other cruel or unusual punclaim for myself. Therefore I respectfully sub-ishments are interdicted. IV. Soldiers will not be allowed to visit plantations without the written consent of the commanding officer of the regiment or post to which they are attached, and never with arms, except when on duty, and accompanied by an officer. V. Plantation hands will not be allowed to pass from one place to another except under such regulations as may be established by the provost-marshal of the parish. mit the case to the Court, desiring only to add VII. Planters will be required, as early as practicable after the publication of these regulations, to make a roll of persons employed upon their estates, and to transmit the same to the provost-marshal of the parish. In the employment of hands, the unity of families will be secured as far as possible. VIII. All questions between the employer and the employed, until other tribunals are established, will be decided by the provost-marshal of the parish. IX. Sick and disabled persons will be provided for upon the plantations to which they belong, except such as may be received in establishments provided for them by the Government, of which one will be established at Algiers and one at Baton Rouge. X. The unauthorized purchase of clothing, or other property, from laborers, will be punished by fine and imprisonment. The sale of whisky or other intoxicating drinks, to them, or to other persons, except under regulations established by the Provost-Marshal General, will be followed by the severest punishment. XI. The possession of arms, or concealed or dangerous weapons, without authority, will be punished by fine and imprisonment. First and second-class hands, with families, one acre each. First and second-class hands, without families, one half-acre each. Second and third-class hands, with families, one half-acre each. Second and third-class hands, without families, one quarter-acre each. To be increased for good conduct, at the discretion of the employer. The encouragement of independent industry will strengthen all the advantages which capital derives from labor and enable the laborer to take care of himself and prepare for the time when he can render so much labor for so much money, which is the great end to be attained. No exemption will be made in this apportionment, except upon imperative reasons, and it is desirable that for good conduct the quantity be increased until faithful hands can be allowed to cultivate extensive tracts, returning to the owner an equivalent of product for rent of soil. XV. To protect the laborer from possible imposition, no commutation of his supplies will be allowed, except in clothing, which may be commuted at the rate of three dollars per month for first-class hands, and in similar proportion for other classes. The crops will stand pledged, wherever found, for the wages of labor. XII. Laborers shall render to their employer, between daylight and dark, ten hours in summer and nine hours in winter, of respectful, honest, faithful labor, and receive therefor, in addition XVI. It is advised, as far as practicable, that to just treatment, healthy rations, comfortable employers provide for the current wants of their clothing, quarters, fuel, medical attendance, and hands, by perquisites for extra labor, or by apinstruction for children, wages per month as fol-propriation of land for share cultivation, to dislows, payment of one half of which, at least, shall be reserved until the end of the year: For first-class hands,....$8 per month. For second-class hands,.. 6 per month. For third-class hands,... 5 per month. For fourth-class hands,.. 3 per month. Engineers and foremen, when faithful in the discharge of their duties, will be paid two dollars per month extra. This schedule of wages may be commuted by consent of both parties, at the rate of one fourteenth part of the net pro'ceeds of the crop, to be determined and paid at the end of the year. Wages will be deducted in case of sickness, and rations, also, when sickness is feigned. Indolence, insolence, disobedience of orders, and crime will be suppressed by forfeiture of pay, and such punishments as are provided for similar offences by Army Regulations. Sunday work will be avoided when practicable, but when necessary will be considered as extra labor, and paid at the rates specified herein. XIII. Laborers will be permitted to choose their employers, but when the agreement is made, they will be held to their engagement for the year, under the protection of the Government. In cases of attempted imposition, by feigning sickness, or stubborn refusal of duty, they will be turned over to the provost-marshal of the parish, for labor upon the public works, without pay. XIV. Laborers will be permitted to cultivate land on private account, as herein specified, as follows: courage monthly payments so far as it can be done without discontent, and to reserve till the full harvest the yearly wages. XVII. A Free Labor Bank will be established for the safe deposit of all accumulations of wages and other savings; and in order to avoid a possible wrong to depositors, by official defalcation, authority will be asked to connect the bank with the Treasury of the United States in this department. XVIII. The transportation of negro families to other countries will not be approved. All propositions for this privilege have been declined, and application has been made to other departments for surplus negro families in this department. XIX. The last year's experience shows that the planter and the negro comprehend the revolution. The overseer having little interest in capital and less sympathy with labor, dislikes the trouble of thinking, and discredits the notion that any thing new has occurred. He is a relic of the past and adheres to its customs. His stubborn refusal to comprehend the condition of things occasioned most of the embarrassments of the past year. Where such incomprehension is chronic, reduced wages, diminished rations, and the mild punishments imposed by the army and navy will do good. XX. These regulations are based upon the assumption that labor is a public duty, and idle. ness and vagrancy a crime. No civil or military officer of the Government is exempt from the operation of this universal rule. Every enlight-dition of residence in this State, to acquiesce, withened community has enforced it upon all classes out reservation, in the demands presented by Govof people by the severest penalties. It is espe- ernment, as a basis of permanent peace. cially necessary in agricultural pursuits. That portion of the people identified with the cultivation of the soil, however changed in the condition of the revolution through which we are passing, is not relieved from the necessity of toil, which is the condition of existence with all the children of God. The revolution has altered its tenure but not its law. This universal law of labor will be enforced, upon just terms, by the Government, under whose protection the laborer rests secure in his rights. Indolence, disorder, and crime will be suppressed. Having exercised the highest right in the choice and place of employment, he must be held to the fulfilment of his engagements until released therefrom by the Government. The several provost-marshals are hereby invested with plenary powers upon all matters connected with labor, subject to the approval of the Provost-Marshal General, and the Commanding Officer of the Department. The most faithful and discreet officers will be selected for this duty, and the largest force consistent with the public service detailed for their assistance. XXI. Employers, and especially overseers, are notified, that undue influence used to move the Marshal from his just balance between the parties representing labor and capital, will result in immediate change of officers, and thus defeat that regular and stable system upon which the interests of all parties depend. The non-cultivation of the soil, without just reason, will be followed by temporary forfeiture to those who will secure its improvement. Those who have exercised or are entitled to the rights of citizens of the United States, will be required to participate in the measures necessary for the reestablishment of civil government. War can never cease, except as civil governments crush out contest and secure the supremacy of moral over physical power. The yellow harvest must wave over the crimson field of blood, and the representatives of the people displace the agents of purely military power. XXIV. It is therefore a solemn duty resting upon all persons to assist in the earliest possible restoration of civil government. Let them participate in the measures suggested for this purpose. Opinion is free and candidates are numer ous. Open hostilities cannot be permitted. Indifference will be treated as crime, and faction as treason. Men who refuse to defend their country with the ballot-box or cartridge-box, have no just claim to the benefits of liberty regulated by law. All people not exempt by the law of nations, who seek the protection of the Government, are called upon to take the oath of allegiance in such form as may be prescribed, sacrificing to the public good, and the restoration of public peace, whatever scruples may be suggested by incidental considerations. The oath of allegiance, administered and received in good faith, is the test of unconditional fealty to the Government and all its measures, and cannot be materially strengthened or impaired by the language in which it is clothed. XXII. Successful industry is especially necessary at the present time, when large public debts and onerous taxes are imposed to maintain and protect the liberties of the people and the integrity of the Union. All officers, civil or military, XXV. The amnesty offered for the past, is conand all classes of citizens who assist in extend-ditioned upon an unreserved loyalty for the fuing the profits of labor, and increasing the pro- ture, and this condition will be enforced with an duct of the soil, upon which, in the end, all na-iron hand. Whoever is indifferent or hostile, tional prosperity and power depend, will render must choose between the liberty which foreign to the Government a service as great as that de- lands afford, the poverty of the rebel States, and rived from the terrible sacrifices of battle. the innumerable and inappreciable blessings which our Government confers upon its people. May God preserve the union of the States! By order of Major-General BANKS. GEORGE B. DRAKE, It is upon such consideration only that the planter is entitled to favor. The Government has accorded to him, in a period of anarchy, a release from the disorders resulting mainly from insensate and mad resistance to sensible reforms, which can never be rejected without revolution and the criminal surrender of his interests and power to crazy politicians, who thought by metaphysical abstractions to circumvent the laws of God. It has restored to him in improved rather than impaired condition his due privileges, at a moment when, by his own acts, the very soil was washed from beneath his feet. XXIII. A more majestic and wise clemency human history does not exhibit. The liberal and just conditions that attend it, cannot be disregarded. It protects labor by enforcing the performance of its duty, and it will assist capital by compelling just contributions to the demands of the Government. Those who profess allegiance to other governments will be required, as the con that he had a box in the carriage-house over the way, and desired to search it out. This carriagehouse, it is proper to state, was used as a receptacle for boxes and goods, sent to prisoners from the North, and the recipients were often allowed to go, under guard, across the street to secure their property. Captain Gallagher was granted permission to go there, and as he walked across under guard, he, as well as he could, paced off the distance, and concluded that the street was about fifty feet wide. On the sixth or seventh of February, the work tance, and commenced to dig upward. When near the surface, they heard the rebel guards talking above them, and discovered they were some two or three feet yet outside the fence. sewer running into the basin. This they proposed doing by commencing at a point in the cellar, near a chimney. This cellar was immediately under the hospital, and was the receptacle for refuse straw, thrown from the beds when they were changed, and for other refuse matter. Above the hospital was a room for officers, and above that, yet another room. The chimney ran through all these rooms, and the prisoners who were in the secret, improvised a rope, and night after night let working parties down, who successfully prosecuted their excavating operations. The dirt was hid under the straw and other re-ing party supposed they had gone a sufficient disfuse matter under the cellar, and it was trampled down, so as not to present too great a bulk. When the working party had got to a considerable distance underground, it was found difficult to haul the dirt back by hand, and a spittoon, The displacing of a stone made considerable which had been furnished the officers in one of noise, and one of the sentinels called to his comthe rooms, was made to serve the purpose of a rade and asked him what the noise meant. The cart. A string was attached to it, and it was run guards, after listening a few minutes, concluded in the tunnel, and, as soon as filled, was drawn that nothing was wrong, and returned to their out, and the dirt deposited under the straw. But, beats. This hole was stopped up by inserting after hard work, and digging with finger-nails, in the crevice a pair of old pantaloons filled knives, and chisels, a number of feet, the work with straw, and by bolstering the whole up with ing party found themselves stopped by piles driv- boards, which they secured from the floors, etc., en in the ground. These were at least a foot in of the prison. The tunnel was then continued diameter. But they were not discouraged. Pen- some six or seven feet more, and when the workknives, or any other articles that would cut, were ing party supposed they were about ready to called for, and after chipping, chipping, chipping, emerge to daylight, others in the prison were infor a long time, the piles were severed, and the formed that there was a way now open for escape. tunnellers commenced again, and in a few min-One hundred and nine of the prisoners decided to utes reached the sewer. and others yet, (among whom was General Neal Dow,) declined to make the attempt, as (they said) they did not desire to have their Government back down from its enunciated policy of exchange. Colonel Rose, of New-York; Colonel Kendrick, of Tennessee; Captain Jones, Lieutenant Bradford, and others, informed General Dow that they could not see how making their escape would affect the policy of exchange. Their principle was that it was their personal right to escape if they could, and their duty to their Government to make the attempt. make the attempt to get away. Others refused, But here an unexpected obstacle met their fur-fearing the consequences if they were recaptured; ther progress. The stench from the sewers and the flow of filthy water was so great that one of the party fainted, and was dragged out more dead than alive, and the project in that direction had to be abandoned. The failure was communicated to a few others besides those who had first thought of escape, and then a party of seventeen, after viewing the premises and surroundings, concluded to tunnel under Carey street. On the opposite side of this street, from the prison, was a sort of carriage-house or out-house, and the project was to dig under the street and emerge from under or near the house. There was a high fence About half-past eight o'clock on the evening of around it, and the guard was outside of this fence. the ninth, the prisoners started out, Colonel Rose, The prisoners then commenced to dig at the other of New-York, leading the van. Before starting, side of the chimney, and, after a few handfuls of the prisoners had divided themselves into squads dirt had been removed, they found themselves of two, three, and four, and each squad was to stopped by a stone wall, which proved afterward take a different route, and after they were out, to be three feet thick. The party were by no were to push for the Union lines as fast as posmeans daunted, and, with pen-knives and pocket-sible. It was the understanding that the workknives, they commenced operations upon the stone and mortar. ing party was to have an hour's start of the other prisoners, and consequently the rope-ladder in the cellar was drawn out. Before the expiration of the hour, however, the other prisoners became impatient, and were let down through the chim After nineteen days' and nights' hard work, they again struck the earth beyond the wall, and pushed their work forward. Here, too, (after they had got some distance under ground,) the friend-ney successfully into the cellar. ly spittoon was brought into requisition, and the Colonel W. P. Kendrick, of West-Tennessee; dirt was hauled out in small quantities. After Captain D. J. Jones, of the First Kentucky cav. digging some days, the question arose whether alry, and Lieutenant R. Y. Bradford, of the Se they had not reached the point aimed at; and in cond West-Tennessee, were detailed as a rear. order, if possible, to test the matter, Captain Gal-guard, or rather to go out last; and from a winlagher, of the Second Ohio regiment, pretended dow Colonel Kendrick and his companions could see the fugitives walk out of a gate at the other end of the inclosure of the carriage-house, and fearlessly move off. The aperture was so narrow that but one man could get through at a time, and each squad carried with them provisions in a haversack. At midnight, a false alarm was created, and the prisoners made considerable noise in getting to their respective quarters. Providentially, however, the guard suspected nothing wrong, and in a few moments the exodus was again commenced. Colonel Kendrick and his companions looked with trepidation upon the movements of the fugitives, as some of them, exercising but little discretion, moved boldly out of the inclosure into the glare of the gaslight. Many of them were, however, dressed in citizen's dress, and as all the rebel guards wear the United States uniform, but little suspicion could be excited, even if the fugitives had been accosted by the guard. Between one and two o'clock the lamps were extinguished in the streets, and then the exit was more safely accomplished. There were many officers who desired to leave, who were so weak and feeble that they were dragged through the tunnel by main force and carried to places of safety until such time as they would be able to move on their journey. At half-past two o'clock, Captain Jones, Colonel Kendrick, and Lieutenant Bradford passed out in the order in which they are named, and as Colonel Kendrick emerged from the hole, he heard the guard within a few feet of him sing out: "Post No. 7, half-past two in the morning, and all's well." Colonel Kendrick says he could hardly resist the temptation of saying: "Not so well as you think, except for the Yanks." Lieutenant Bradford was intrusted with the provisions for this squad, and in getting through he was obliged to leave his haversack behind him, as he could not get through with it upon him. Once out, they proceeded up the street, keeping in the shade of the buildings, and passed eastwardly through the city. A description of the route pursued by this party, and of the tribulations through which they passed, will give some idea of the rough time they all had of it. Colonel Kendrick had, before leaving the prison, mapped out his course, and concluded that the best route to take was the one toward Norfolk or Fortress Monroe, as there were fewer rebel pickets in that direction. They, therefore, kept the York River Railroad to the left, and moved toward the Chickahominy River. They passed through Boar Swamp, and crossed the road leading to Bottom Bridge. Sometimes they waded through mud and water almost up to their necks, and kept the Bottom Bridge road to their left, although at times they could see and hear the cars travelling over the York River road. While passing through the swamp near the Chickahominy, Colonel Kendrick sprained his ankle and fell. Fortunate, too, was that fall for him and his party, for while he was lying there one of them chanced to look up, and saw in a direct line with them a swamp-bridge, and in the | dim outline they could perceive that parties with muskets were passing over the bridge. They, therefore, moved some distance to the south, and after passing through more of the swamp, reached the Chickahominy about four miles below Bottom Bridge. Here now was a difficulty. The river was only twenty feet wide, but it was very deep, and the refugees were worn out and fatigued. Chancing, however, to look up, Lieutenant Bradford saw that two trees had fallen on either side of the river, and that their branches were interlocked. By crawling up one tree and down the other, the fugitives reached the east bank of the Chickahominy, and Colonel Kendrick could not help remarking that he believed Providence was on their side, else they would not have met that natural bridge. They subsequently learned from a friendly negro that had they crossed the bridge they had seen, they would assuredly have been recaptured, for Captain Turner, the keeper of Libby Prison, had been out and posted guards there, and, in fact, had alarmed the whole country, and got the people up as a vigilance committee to capture the escaped prisoners. After crossing over this natural bridge, they lay down on the ground and slept until sunrise, on the morning of the eleventh, when they continued on their way, keeping eastwardly as near as they could. Up to this time they had had nothing to eat, and were almost famished. About noon on the eleventh, they met several negroes, who gave them information as to the whereabouts of the rebel pickets, and furnished them with food. Acting under the advice of these friendly negroes, they remained quietly in the woods until darkness set in, when they were furnished with a comfortable supper by the negroes, and, after dark, proceeded on their way, the negroes (who, everywhere, showed their friendship to the fugitives) having first directed them how to avoid the rebel pickets. That night they passed a camp of rebels, and could plainly see the smoke and camp-fire. But their wearied feet gave out, and they were compelled to stop and rest, having only marched five miles that day. They started again at daylight on the thirteenth, and, after moving awhile through the woods, they saw a negro woman working in a field, and called her to them, and from her received directions, and were told that the rebel pickets had been about there, looking for the fugitives from Libby. Here they lay low again, and resumed their journey when darkness set in, and marched five miles, but halted until the morning of the fourteenth, when the journey was resumed. At one point they met a negro in the field, and she told them that her mistress was a secesh woman, and that she had a son in the rebel army. The party, however, was exceedingly hungry, and they determined to secure some food. they did by boldly approaching the house and informing the mistress that they were prisoners from Norfolk, who had been driven out by But This |