fort.

Union lines, without a crust of bread or a change ing not only the protection of our flag, but a of garments, the father enlists, and receives the place among its vindicators, would fill a volume. Government ration for himself and family. Be- To those who share the perils of these men, longing to one company of eighty men, there are (for the rebels have declared their intention to thirty families; of these, two are still outside our hang officers as well as privates if captured,) and lines, with small prospects of ever rejoining their whose hearts are stung to madness by the cruel kindred; and twenty families, comprising eighty- fate of comrades, brutally murdered, and again seven persons, forty-seven of them under the agonized by the woe-begone countenances of age of fourteen, are with the company in Beau- widows and orphans, there are two questions, which day and night, with haunting solicitude, Before the war these were, of their class, well-press themselves upon the attention. Any disto-do people, owning a little land, a few cattle, paragements of the thorough loyalty of the regi and some household stuff, but now having ment, or its bravery, deserve only scorn for rescarcely any thing beyond the Government ply. Rough in appearance, without banners or ration. They are generally, almost univer- regimental music, partly drilled, and not thorsally, illiterate, to a degree inconceivable to a oughly disciplined, as it is, the Kinston gallows Northern mind; on an average, not more than testifies that it is still a regiment fearfully in one out of eight can read or write. They have earnest. A LINE OFFICER suffered more than the negro from the blighting influence of slavery, and they know it; hence they are willing to take up arms, and if any one doubts their thorough loyalty, let him be referred to the heroism with which the twenty-four stood undaunted beneath the Kinston gallows.

in Second Regiment N. C. U. V.

Doc. 79.

ATTACK ON "FREEMAN'S BAND.”
LIEUTENANT-COLONEL STEPHENS'S REPORT.
HEADQUARTERS DETACHMENT ELEVENTH CAVALRY,

MISSOURI VOLUNTEERS, BATESVILLE, ARKANSAS,
February 10, 1864.

CAPTAIN: I have the honor to report that, in obedience to a special order issued from the Headquarters District of East-Arkansas, dated February seventh, 1864, I moved the same day with a detachment of the Eleventh Missouri cavalry and First Nebraska cavalry, consisting of four officers and sixty-four men, of the Eleventh Missouri cavalry, and Captain T. J. Majors and forty men, of the First Nebraska cavalry, together with eight men of the Fourth Arkansas infantry, to attack the camp of Colonel Freeman, then supposed to be encamped on the Smithville road, about twenty-five miles from this point. On my arrival at the point designated, I found that the camp had broken up, and that Colonel Freeman had moved with his command northwardly. I then, upon consultation with Captain Majors, determined to follow him, and attack him wherever I might find him. In accordance with this determination, I moved the command through Smithville to a point on Spring River, known as the Widow Marshall's, where I received the first definite information of the whereabouts of the enemy's forces, he having left that point the same day, and moved up Spring River, westwardly, to a point known as Morgan's Mill, near the mouth of Martin's Creek.

Two specimens, out of many, may serve to show something of the hardships to which their patriotism exposes these people. A man who, in times of peace, was a prosperous mechanic, (a machinist,) having been pressed into the rebel service, managed to make his escape from Wilmington, and at Newbern enlisted in the Second regiment. After a few weeks, he contrived to convey the information to his wife, who resided some twenty-six miles beyond the lines, and she, leaving every thing but a little extra clothing, and some provisions, took her child, only eight months old, in her arms, and, fleeing for her life, pursued her way through forests and swamps for forty-eight hours. It was in the month of December last, and during the most severe storm of the winter, that this poor woman waded through partly frozen creeks, eating little, gathering all her available clothing about her infant, and at night afraid to kindle a fire, lest its light might betray her, sinking down exhausted on the wet earth to rest. At last she was almost in sight of our outposts, when, crossing an open field, she was discovered by a party of Fox's guerrillas, and made a prisoner. She was kept, during two days, in an old log house; every article of her own and her child's clothing, except what they wore, were destroyed; threats were made, food was sparingly given; but this brave woman again, and successfully, attempted her escape, and is now with her husband. On another occasion, one of the men, since enlisted, was Finding that the men were fatigued, and that seized by the guerrillas of Hyde County, and my horses were not in a condition to attack his when his wife remonstrated with them, they dis- camp that night, I halted the command and encharged a musket, loaded with buckshot, at her, camped. Early the next morning, the command wounding her so seriously, that she is crippled took up its line of march up both sides of Spring for life; and, not content with this atrocity, they River, the detachment of the First Nebraska cavdeliberately fired at one of the children, a young alry, under Captain Majors, moving up the south girl, wounding her in the neck. Both mother side of the river to a point known as the farm of and daughter are now in Beaufort. Almost the Widow Crawford's; with the remaining por every private in the regiment has some similar tion of the command, consisting of the Fourth experience to narrate, and their perils, in seek-Arkansas infantry and Eleventh Missouri cav

alry, I moved cautiously up the north side of take possession of the ridge. I did so immethe river, crossing at Marshall's Ford, Captain diately, closely pursued by the enemy. FormMajors being ordered, in case of an attack either ing my men on the ridge, I made a stand and by me upon the enemy, or any attack by them opened fire. This held them in check; but I upon me, to cross the river at the nearest point, was again flanked, and forced to retreat along and effect a junction as rapidly as possible. the ridge to another point, which gave me a About seven miles from the point at which I favorable position with which to retard their started, I encountered the enemy's pickets, and pursuit. In this manner, for nearly eight miles, immediately drove them in. My information, I kept up a running fight, until the enemy ceased previous to this time, had led me to believe that pursuing us, and gave my now exhausted men the enemy did not number over two hundred and horses a chance to recover their energies. effective men; but, as it was afterward ascer- Still retreating, I crossed the river at Walker's tained, he had been reënforced during the night | Ford, twelve miles west of the scene of action, by about three hundred men, under Lieutenant- unmolested by the enemy, and hearing nothing Colonel Coleman and Colonel Lovell, making his of Captain Majors, took up my line of march for entire effective force in the neighborhood of four Batesville, where I arrived without further loss. hundred and fifty men. As soon as I ascertained For an account of the part taken by Captain this fact, I halted my command, consisting in Majors in this action, I beg leave to respectfully all of seventy-two officers and men, and deter- refer to his report, but must state that but for mined to attack the enemy previous to his form- the gallant charge made by him on the enemy in ing his line-of-battle. To accomplish this object, their rear, and whilst I was fighting them on the I ordered the command to take position on a hills, I must have inevitably been surrounded, hill which fronted the creek, from which I ex- and my entire command captured. By the truly pected the enemy to debouch; he, however, had gallant and efficient manner in which the task anticipated my movements, and had already assigned him was performed, fearlessly charging taken a position on a hill still higher up, and im- a largely superior force of the enemy, who posmediately in my rear, his front occupying a nar- sessed every advantage of position, he demonrow ridge on both sides of the Salem road, with strated what has already been shown, that his flanks extending down the sloping ravines on "courage and determination will overcome my right and left. Observing this disposition of greatly superior numbers." Captain Rouch, the enemy, and during my temporary absence in of the Eleventh cavalry, who was, toward the another part of the field, Lieutenant Warrington, last of the engagement, unfortunately taken my acting adjutant, acting under previously ex- prisoner by the enemy, by reason of his horse pressed instructions from me, formed the battal-being shot from under him, displayed great ion into column of fours by the right, and charged the front of the enemy. Under a heavy fire, the column moved to a position in front of the To Lieutenants Warrington and Harris great line formed by the enemy, and opened fire with praise is due for the gallantry and determination considerable effect. Part of the men were still displayed by them during the entire fight, alin the rear, and efforts were made to bring them ways in the front, encouraging the men under up. At this juncture, I reached the scene of their command, and by their personal efforts in action, and assumed command. For the space retarding the pursuit, and in rallying and formof ten minutes, under a terrific fire from the ing the men in line on each successive stand enemy's works, this little band of about twenty-made by us, contributed largely to the safety five men, forming my advance, stood their ground, of the remaining portion of my command. keeping the enemy at bay, and at one time breaking the centre of their front line of battle. This advantage I was unable to improve for want of a force with which to charge the enemy, the men still in the rear not coming up as promptly as I had expected and ordered. In the mean time my flanks were turned, and in order to prevent my being entirely surrounded, I gave the order to retreat to a new position in a dense thicket, on the opposite side of Martin's Creek. Overwhelmed by numbers, I was forced to abandon this position; and as rapidly as possible, and the nature of the ground would permit, I again re- My thanks are due to the men under my comtreated in the direction of Captain Majors's com- mand, with a few cowardly exceptions, for the mand, which I supposed by this time had reach-courage displayed on this occasion. I am uned the mill. In this I was prevented by the enemy, who appeared in force on the hill commanding the mill road. But one chance remained for me to escape from the overwhelming force with which I was contending, and that was to follow an old road which led up the hills, and

coolness, decision, and promptness in obeying all orders given by me.

My loss, I regret to state, is severe; nearly one half of the portion of the command engaged in the action being killed, wounded, or missing. The following is the recapitulation, as near as could be ascertained, from the sources of information left open to me after the fight:

Killed, Private Dean, company F, Eleventh cavalry, Missouri volunteers; wounded, four; missing, twenty-three.

Of these, twenty are from the Eleventh Missouri cavalry, and three from the Fourth Arkansas infantry.

able to state the exact loss of the enemy, but am fully satisfied that it will amount to an aggregate of sixty-five killed, wounded, and missing, including the prisoners taken by Captain Majors. In conclusion, I would respectfully recommend Lieutenant John A. Warrington to the favorable

consideration of the commanding officer of the
district, in order that he may receive the pro-
motion due him for his gallant services during
this action.

I am, Captain, very respectfully, your obe-
dient servant,
JOHN W. STEPHENS,
Lieut.-Colonel Eleventh Cavalry, Commanding Detachment.

Captain H. C. FILLEBROWN,

Assistant Adjutant-General, Batesville, Arkansas.

Doc. 80.

PROCLAMATION OF JEFFERSON DAVIS

TO THE REBEL ARMIES, FEB. 9, 1864. Soldiers of the Armies of the Confederate States: IN the long and bloody war in which your country is engaged, you have achieved many noble triumphs. You have won glorious victories over vastly more numerous hosts. You have cheerfully borne privations and toil to which you were unused. You have readily submitted to restraints upon your individual will, that the citizen might better perform his duty to the State as a soldier. To all these you have lately added another triumph-the noblest of human conquests a victory over yourselves. As the time drew near, when you, who first entered the service, might well have been expected to claim relief from your arduous labors and restoration to the endearments of home, you have heeded only the call of your suffering country. Again you come to tender your service for the public defence-a free offering, which only such patriotism as yours could make a triumph worthy of you and of the cause to which you are devoted.

watch, nor in the desperate assault, have you rendered a service so decisive in results as in the last display of the highest qualities of devotion and self-sacrifice which can adorn the character of the warrior-patriot. Already the pulse of the whole people beats in unison with yours; already they compare your spontaneous and unanimous offer of your lives for the defence of your country with the halting and reluctant service of the mercenaries who are purchased by the enemy at the price of higher bounties than have hitherto been known in war.

Animated by this contrast, they exhibit cheerful confidence and more resolute bearing. Even the murmurs of the weak and timid, who shrink from the trials which make stronger and firmer your noble natures, are shamed into silence by the spectacle which you present. Your brave battle-cry will ring loud and clear through the land of the enemy's as well as our own, will silence the vainglorious boastings of their corrupt partisans and pensioned press, and will do justice to the calumny by which they seek to persuade a deluded people that you are ready to purchase dishonorable safety by degrading submission.

Soldiers The coming spring campaign will open under auspices well calculated to sustain your hopes. Your resolution needed nothing to fortify it. With ranks replenished under the influence of your example, and by the aid of representatives who give earnest of their purpose to add by legislation largely to your strength, you may welcome the invader with a confidence justified by the memory of past victories. On the other hand, debt, taxation, repetition of heavy drafts, dissensions occasioned by the strife for power, by the pursuit of the spoils of office, by the thirst for the plunder of the public treasury, and, above all, the consciousness of a bad cause, must tell with fearful force upon the overstrained energies of the enemy. His campaign of 1864

men and money, be far less formidable than those of the last two years, when unimpaired means were used with boundless prodigality, and with results which are suggested by the mention of the names of Shiloh, Perryville, Murfreesboro, and the Chickahominy, Manassas, Fredericksburgh, and Chancellorsville.

I would in vain attempt adequately to express the emotions with which I received the testimonials of confidence and regard which you have recently addressed to me. To some of those first received separate acknowledgments were return-must, from the exhaustion of his resources of ed; but it is now apparent that a like generous enthusiasm pervades the whole army, and that the only exception to such magnanimous tender will be of those, who, having originally entered for the war, cannot display anew their zeal in the public service. It is therefore deemed appropriate, and it is hoped will be equally acceptable, to make a general acknowledgment, instead of successive special responses. Would that it were possible to render my thanks to you in person, and, in the name of our common country, as well as in my own, while pressing the hand of each war-worn veteran, to recognize his title to our love, gratitude, and admiration.

Soldiers: By your will-for you and the people are but one-I have been placed in a position which debars me from sharing your dangers, your sufferings, and your privations in the field. With pride and affection my heart has accompanied you in every march; with solicitude it has sought to minister to your every want; with exultation it has marked your every heroic achievement; yet never, in the toilsome march, nor in the weary

Soldiers: Assured success awaits us in our holy struggle for liberty and independence, and for the preservation of all that renders life desir able to honorable men; when that success shall be reached, to you, your country's hope and pride, under Divine Providence, will it be due. The fruits of that success will not be reaped by you alone, but your children and your children's children in long generations to come will enjoy the blessings derived from you, that will preserve your memory ever living in their hearts.

Citizen-defenders of the homes, the liberties, and altars of the Confederacy: That the God whom we all humbly worship, may shield you with his fatherly care, and preserve you for safe return to the peaceful enjoyment of your friends

and the associations of those you most love, is the earnest prayer of your Commander-in-Chief, JEFFERSON DAVIS.

Doc. 81.

THE AMNESTY PROCLAMATION. THE following is a circular letter of the Law Department of the Administration to the District Attorneys of the United States, explaining the provisions of the President's proclamation of amnesty:

ditions as he should prescribe, from the penalty of loss of their property by confiscation. Although the proceedings for confiscation under the acts of August sixth, 1861, and July seventeenth, 1862, are in rem, against the property seized, yet, under both acts, the ground of condemnation is the personal guilt of the owner, in aiding the rebellion. By the pardon and amnesty, not only is the punishment of that personal guilt remitted, but the offence itself is ef faced, that being the special effect of an act of amnesty by the Government. Of course, it arrests and puts an end to all penal proceedings founded thereon, whether they touch the persons or the property of the offender.

ATTORNEY-GENERAL'S OFFICE, WASHINGTON, February 19, 1864. There is, therefore, no case of judicial proceedSIR: Many persons against whom criminal in- ings to enforce the penalties of acts of rebellion dictments, or against whose property proceedings which cannot be reached and cured by the conunder the confiscation laws are pending in the stitutional or statutory power of the President to courts of the United States, growing out of the grant pardon and amnesty, whether the proceedparticipation of such persons in the existing re-ings be against the person of the offender by bellion, have, in good faith, taken the oath prescribed by the proclamation of the President of eighth December, 1863, and have therefore entitled themselves to full pardon and restoration of all rights of property, except as to slaves and where rights of third parties have intervened, which that proclamation offers and secures.

The President's pardon of a person guilty of acts of rebellion, will, of course, relieve that person from the penalties incurred by his crime, and, where an indictment is pending against him therefor, the production of the pardon signed by the President, or of satisfactory evidence that he has complied with the conditions on which the pardon is offered, (if he be not of the class excepted from the benefits of the proclamation,) will be a sufficient reason for discontinuing such criminal proceedings, and discharging him from custody therein.

criminal indictment or against his property under the confiscation act referred to.

The President has accordingly directed me to instruct you that, in any case where proceedings have been commenced and are pending and undetermined in the District or Circuit Court of the United States for your district, against a person charged with acts of rebellion, and not of the excepted class, whether they be by indictment or by seizure and libel of his property for confiscation, (the rights of other parties not having intervened,) you will discontinue and put an end to those proceedings, whenever the person so charg ed shall produce evidence satisfactory to you that he has, in good faith, taken the oath and complied with the conditions prescribed by the President's proclamation of eighth December, 1863. Nor is it necessary that the evidence which he produces should be a deed of pardon, signed by the President. It would be quite impossible for the President to furnish the multitudes who are now availing themselves of the benefits of the proclamation, and who are likely to do so hereafter, with this formal evidence of pardon. It will be sufficient to justify your action, if the party seeking to be relieved from further proceedings, shall prove to your full satisfaction that he has, in good faith, taken the oath, and brought himself within the conditions of pardon and amnesty set forth in the proclamation. If, in any case, you have good reason to believe that the oath has been taken for the mere purpose of obtaining the possession of personal property seized under the confiscation acts, with intent to remove it from the subsequent reach of the officers of the law, you will make report of the facts and reasons for your belief to this office before discontinuing the proceedings or restoring such property to the possession of the owner.

Nor is it less doubtful that a bona fide accept ance of the terms of the President's proclamation by persons guilty of acts of rebellion, and not of the excepted class, will secure to such persons a restoration of all rights of property, except as to slaves and where the rights of third parties shall have intervened, notwithstanding such property may, by reason of those acts of rebellion, have been subject to confiscation under the provisions of the confiscation acts of sixth of August, 1861, chapter 60, and seventeenth July, 1862, chapter 195. For, without adverting to any other source of power in the President to restore or protect their rights of property, the thirteenth section of the act of seventeenth July, 1862, authorizes the President at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions, and at such time and on such conditions, as he may deem expedient for the public welfare. Forfeitures under the fifth section of the act of It will hardly be questioned, I suppose, that the thirteenth July, 1861, chapter 3, are not of the purpose of this section, inserted in a law mainly class reached by the President's proclamation; intended to reach the property of persons engag-for, under that act, the question whether the proed in rebellion, was to vest the President with perty seized is subject to forfeiture depends upon full power to relieve such persons, on such con- the predicament of the property itself, and not

upon the personal guilt or innocence of its owner. works being abandoned on the appearance of our In this respect, forfeitures under that act have men. Messrs. Russell's and Edson's parties joined more resemblance to cases of prize of war cap- at the appointed time, and immediately proceedtured at sea as enemy's property, than to proceeded in the destruction of every thing connected ings under the acts of August, 1861, and July, with the manufactories, consisting of twenty-six 1862. Such forfeitures are enforced, not so much sheet-iron boilers, averaging eight hundred and to punish the owner for disloyal acts, as to pro- eighty-one gallons; nineteen kettles, averaging hibit commercial intercourse, and to weaken the two hundred gallons, making an aggregate of public enemy, which are always efficient instru- twenty thousand seven hundred and six gallons, ments and legitimate effects of public war. But which cost in Montgomery five dollars and fifty although the remissions of forfeitures under the cents per gallon. These boilers and kettles were act of July, 1861, are thus not within the scope cut up or broken to pieces. Some six hundred of the proclamation of pardon, still ample power bushels of salt were thrown into the bay, all the is conferred on the Secretary of the Treasury by chimneys and furnaces hauled down, and every the eighth section of that act to mitigate or remit thing rendered completely useless for any further all forfeitures and penalties incurred under the operations. act. And it is not to be doubted that in all proper cases under that act, where the owner of the property, residing in the territory in rebellion, complies with the conditions of the proclamation, that the Secretary of the Treasury will exercise the power of remission of such forfeitures in the same spirit of generous forbearance and liberality which inspires and characterizes the proclamation. Very respectfully, etc.,

TITIAN J. COFFEY,
Acting Attorney-General,

Seven slaves fled to us for protection, and assisted in the destruction of this establishment, which had only been in operation ten days. This work covered a space of half a square mile, the boilers and kettles alone costing one hundred and forty-six thousand eight hundred and eighty-three dollars. Our party returned to the ship next day, bringing seven contrabands and six shot-guns. You will please find inclosed a drawing of the boilers and kettles.

Very respectfully, your obedient servant,
W. R. BROWNE,
Acting Master Commanding.

To Acting Rear-Admiral THEODorus Bailey,
Commanding E. G. B. Squadron.

UNITED STATES BARK RESTLESS, ST. ANDREW's
BAY, February 29, 1864.
SIR: I have the honor to make the following
report:

Having gained information that a large barge would leave the Welappo River, on or about the eighteenth instant, for East-Bay, with all the materials on board necessary for erecting a large salt-work, and, on her return, intended to bring back a cargo of salt, (her capacity one thousand five hundred bushels,) I fitted out the second cutter, with eleven men, under charge of ActingEnsign Henry Edson, and gig, with seven men,

Hon. Gideon Welles, Secretary of the Navy: SIR: I have the honor to inclose herewith the reports of acting volunteer Lieutenant W. R. Browne, giving the details of two expeditions lately sent out from the United States bark Restless, to destroy certain newly-erected saltworks, the property, as he states, of the rebel government. The object of the expedition was, in each instance, successfully accomplished. I am, very respectfully, your obedient serv-under charge of Master's Mate F. Grant, to effect ant,

T. BAILEY,

A. R. Admiral, Commanding E. G. B. Squadron.

UNITED STATES BARK RESTLESS, ST. ANDREW'S
BAY, FLORIDA, February 17, 1884.

SIR: I have the honor to make the following report:

Learning that the rebels had erected new government salt-works, on West-Bay, on the site of the old salt-works destroyed by us in December, and that they had a force of fifty men armed and stationed there for protection, I fitted out the first cutter, manned with thirteen men, under charge of Acting Ensign James J. Russell, with orders to proceed up the Gulf coast twenty miles, and march inland seven miles, to attack them in the rear, while Acting Ensign Henry Edson, with ten men, in command of the second cutter, would proceed by the inside passage and attack them in the front at the same time.

The expedition was entirely successful, the

her capture on her passage down, and with orders, if after waiting five days and not seeing the barge, to land and destroy all the salt-works in the vicinity.

According to my instructions, the boats left the ship at eight P.M. on the seventeenth instant, and proceeded to a bayou on the south-west side of East-Bay, selected as a place of ambush, and which the barge must necessarily pass. After lying in wait the appointed time, and seeing no appearance of the barge, the men were landed, and destroyed all the works at hand, sixteen in number, among which were some of the largest government salt-works ever erected in Florida, the whole of which were successfully destroyed, consisting of five large steamboat-boilers and twenty-eight kettles, together with sixteen log houses, one flatboat, a large quantity of salt, vats, tanks, and other materials connected with the manufacture of this article. After destroying