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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, fort.

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

in Second Regiment N. C. U. V. 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 refer

Doc. 79. red to the heroism with which the twenty-four stood undaunted beneath the Kinston gallows.

ATTACK ON “FREEMAN'S BAND." Two specimens, out of many, may serve to

LIEUTENANT-COLONEL STEPHEWS'S REPORT. . show something of the hardships to which their

HEADQUARTERS DETACHVEYT ELEVENTH CAVALRY, patriotism exposes these people. A man who,

MISSOURI VOLUNTEERS, BATESVILLR, ARKANS in times of peace, was a prosperous mechanic,

February 10, 1864. (a machinist,) having been pressed into the rebel CAPTAIN: I have the honor to report that, in service, managed to make his escape from Wil-obedience to a special order issued from the mington, and at Newbern enlisted in the Second Headquarters District of East-Arkansas, dated regiment. After a few weeks, he contrived to February seventh, 1864, I moved the same day convey the information to his wife, who resided with a detachment of the Eleventh Missouri some twenty-six miles beyond the lines, and she, cavalry and First Nebraska cavalry, consisting leaving every thing but a little extra clothing, of four officers and sixty-four men, of the Eler. and some provisions, took her child, only eight enth Missouri cavalry, and Captain T. J. Majors months old, in her arms, and, fleeing for her life, and forty men, of the First Nebraska cavalry, pursued her way through forests and swamps together with eight men of the Fourth Arkansas for forty-eight hours. It was in the month of infantry, to attack the camp of Colonel Freeman, December last, and during the most severe storm then supposed to be encamped on the Smithville of the winter, that this poor woman waded road, about twenty-five miles from this point. through partly frozen creeks, eating little, gath. On my arrival at the point designated, I found ering all her available clothing about her infant, that the camp had broken up, and that Colonel and at night afraid to kindle a fire, lest its light Freeman had moved with his command northmight betray her, sinking down exhausted on wardly. I then, upon consultation with Captain the wet earth to rest. At last she was almost Majors, determined to follow him, and attack him in sight of our outposts, when, crossing an open wherever I might find him. In accordance with field, she was discovered by a party of Fox's this determination, I moved the command through guerrillas, and made a prisoner. She was kept, Smithville to a point on Spring River, known as during two days, in an old log house; every ar- the Widow Marshall's, where I received the first ticle of her own and her child's clothing, except definite information of the whereabouts of the what they wore, were destroyed; threats were enemy's forces, he having left that point the made, food was sparingly given ; but this brave same day, and moved up Spring River, westwoman again, and successfully, attempted her wardly, to a point known as Morgan's Mill, near escape, and is now with her husband. On an- the mouth of Martin's Creek. other occasion, one of the men, since enlisted, was Finding that the men were fatigued, and that seized by the guerrillas of Hydo 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 car. deliberately 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 porevery 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 car.

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, bad 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 charg. coolness, decision, and promptness in obeying ed the front of the enemy. Under a heavy fire, all orders given by me. 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 break-! My loss, I regret to state, is severe; nearly ing the centre of their front line of battle. This one half of the portion of the command engaged advantage I was unable to improve for want of in the action being killed, wounded, or missing. a force with which to charge the enemy, the men The following is the recapitulation, as near as still in the rear not coming up as promptly as I could be ascertained, from the sources of inforhad expected and ordered. In the mean time mation left open to me after the fight: my flanks were turned, and in order to prevent Killed, Private Dean, company F, Eleventh my being entirely surrounded, I gave the order cavalry, Missouri volunteers; wounded, four; to retreat to a new position in a dense thicket, missing, twenty-three. on the opposite side of Martin's Creek. Over of these, twenty are from the Eleventh Miswhelmed by numbers, I was forced to abandon souri cavalry, and three from the Fourth Arkanthis position; and as rapidly as possible, and the sas infantry. nature of the ground would perinit, 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 able to state the exact loss of the enemy, but am enemy, who appeared in force on the hill com- fully satisfied that it will amount to an aggregate manding the mill road. But one chance re- of sixty-five killed, wounded, and missing, in, mained for me to escape from the overwhelming cluding the prisoners taken by Captain Majors. force with which I was contending, and that was In conclusion, I would respectfully recommend to follow an old road which led up the hills, and | Lieutenant John A. Warrington to the favorable

consideration of the commanding officer of the watch, nor in the desperate assault, have you rendistrict, in order that he may receive the pro- dered a service so decisive in results as in the last motion due him for his gallant services during display of the highest qualities of devotion and this action.

self-sacrifice which can adorn the character of the I am, Captain, very respectfully, your obe- warrior-patriot. Already the pulse of the whole dient servant, John W. STEPHENS, people beats in unison with yours; already they

Lieut.-Colonel Eleventh Cavalry, Commanding Detachment. compare your spontaneous and unanimous offer Captain H. C. FILLEBROWN,

of your lives for the defence of your country with Assistant Adjutant-General, Batesville, Arkansas,

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. Doc. 80.

Animated by this contrast, they exhibit cheer

ful confidence and more resolute bearing. Even PROCLAMATION OF JEFFERSON DAVIS

the murmurs of the weak and timid, who shrink TO THE REBEL ARMIES, FEB. 9, 1864.

from the trials which make stronger and firmer

your noble natures, are shamed into silence by Soldiers of the Armies of the Confederate States : the spectacle which you present. Your brave

In the long and bloody war in which your battle-cry will ring loud and clear through the country is engaged, you have achieved many land of the enemy's as well as our own, will noble triumphs. You have won glorious victo. silence the vainglorious boastings of their corrupt ries over vastly more numerous hosts. You have partisans and pensioned press, and will do justcheerfully borne privations and toil to which you ice to the calumny by which they seek to perwere unused. You have readily submitted to suade a deluded people that you are ready to purrestraints upon your individual will, that the chase dishonorable safety by degrading submiscitizen might better perform his duty to the State sion. as a soldier. To all these you have lately added Soldiers : The coming spring campaign will another triumph-the noblest of human con open under auspices well calculated to sustain quests-a victory over yourselves. As the time your hopes. Your resolution needed nothing to drew near, when you, who first entered the service, fortify it. With ranks replenished under the might well have been expected to claim relief influence of your example, and by the aid of refrom your arduous labors and restoration to the presentatives who give earnest of their purpose endearments of home, you have heeded only the to add by legislation largely to your strength, you call of your suffering country. Again you come inay welcome the invader with a confidence justito tender your service for the public defence-a fied by the memory of past victories. On the free offering, which only such patriotism as yours other hand, debt, taxation, repetition of heavy could make-a triumph worthy of you and of the drafts, dissensions occasioned by the strife for cause to which you are devoted.

power, by the pursuit of the spoils of office, by I would in vain attempt adequately to express the thirst for the plunder of the public treasury, the emotions with which I received the testimo- and, above all, the consciousness of a bad cause, nials of confidence and regard which you have re- must tell with fearful force upon the overstrained cently addressed to me. To some of those first energies of the enemy. His campaign of 1864 received separate acknowledgments were return. must, from the exhaustion of his resources of ed; but it is now apparent that a like generous men and money, be far less formidable than those enthusiasm pervades the whole army, and that of the last two years, when unimpaired means the only exception to such magnanimous tender were used with boundless prodigality, and with will be of those, who, having originally entered results which are suggested by the mention of for the war, cannot display anew their zeal in the the names of Shiloh, Perryville, Murfreesboro, public service. It is therefore deemed appropriate, and the Chickahorniny, Manassas, Fredericksand it is hoped will be equally acceptable, to burgh, and Chancellorsville. make a general acknowledgment, instead of suc- Soldiers : Assured success awaits us in our cessive special responses. Would that it were holy struggle for liberty and independence, and possible to render my thanks to you in person, for the preservation of all that renders life desirand, in the name of our common country, as well able to honorable men; when that success shall as in my own, while pressing the hand of each be reached, to you, your country's hope and pride, war-worn veteran, to recognize his title to our under Divine Providence, will it be due. The love, gratitude, and admiration.

fruits of that success will not be reaped by you Soldiers: By your will-for you and the peo- alone, but your children and your children's child. ple are but one - I have been placed in a position ren in long generations to come will enjoy the which debars me from sharing your dangers, your blessings derived from you, that will preserve sufferings, and your privations in the field. With your memory ever living in their hearts. pride and affection my heart has accompanied you Citizen-defenders of the homes, the liberties. in every march ; with solicitude it has sought to and altars of the Confederacy: That the God minister to your every want; with exultation it whom we all humbly worship, may shield you has marked your every heroic achievement; yet with his fatherly care, and preserve you for safe never, in the toilsome march, nor in the weary I return to the peaceful enjoyment of your friends

and the associations of those you most love, is ditions as he should prescribe, from the penalty the earnest prayer of your Commander-in-Chief, I of loss of their property by confiscation.

JEFFERSON Davis.

Although the proceedings for confiscation under the acts of August sixth, 1861, and July seven

teenth, 1862, are in rem, against the property Doc. 81.

seized, yet, under both acts, the ground of con

demnation is the personal guilt of the owner, in THE AMNESTY PROCLAMATION.

aiding the rebellion. By the pardon and am

nesty, not only is the punishment of that perThe following is a circular letter of the Lawsonal guilt remitted, but the offence itself is efDepartment of the Administration to the District faced, that being the special effect of an act of Attorneys of the United States, explaining the amnesty by the Government. Of course, it arprovisions of the President's proclaination of am- rests and puts an end to all penal proceedings nesty:

founded thereon, whether they touch the persons ATTORNEY-GENERAL'S Office, I | or the property of the offender.

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 reings be against the person of the offender by bellion, have, in good faith, taken the oath pre-criminal indictment or against his property under scribed by the proclamation of the President of the confiscation act referred to. eighth December, 1863, and have therefore en- The President has accordingly directed me to titled themselves to full pardon and restoration instruct you that, in any case where proceedings of all rights of property, except as to slaves and have been commenced and are pending and unwhere rights of third parties have intervened, determined in the District or Circuit Court of the which that proclamation offers and secures. United States for your district, against a person

The President's pardon of a person guilty of charged with acts of rebellion, and not of the exacts of rebellion, will, of course, relieve that percepted class, whether they be by indictment or son from the penalties incurred by his crime, and, by seizure and libel of his property for confiscawhere an indictment is pending against him tion, (the rights of other parties not having intertherefor, the production of the pardon signed by vened,) you will discontinue and put an end to the President, or of satisfactory evidence that he those proceedings, whenever the person so charghas complied with the conditions on which the ed shall produce evidence satisfactory to you that pardon is offered, (if he be not of the class ex- he has, in good faith, taken the oath and comcepted from the benefits of the proclamation)plied with the conditions prescribed by the Prewill be a sufficient reason for discontinuing suchsident's proclamation of eighth December, 1863. criminal proceedings, and discharging him from Nor is it necessary that the evidence which he custody therein.

produces should be a deed of pardon, signed by Nor is it less doubtful that a bona fide accept the President. It would be quite impossible for ance of the terms of the President's proclamation the President to furnish the multitudes who are by persons guilty of acts of rebellion, and not of now availing themselves of the benefits of the the excepted class, will secure to such persons a proclamation, and who are likely to do so hererestoration of all rights of property, except as to after, with this formal evidence of pardon. It slaves and where the rights of third parties shall will be sufficient to justify your action, if the have intervened, notwithstanding such property party seeking to be relieved from further proceedmay, by reason of those acts of rebellion, have ings, shall prove to your full satisfaction that he been subject to confiscation under the provisions has, in good faith, taken the oath, and brought of the confiscation acts of sixth of August, 1861, himself within the conditions of pardon and amchapter 60, and seventeenth July, 1862, chapter nesty set forth in the proclamation. If, in any 195. For, without adverting to any other source case, you have good reason to believe that the of power in the President to restore or protect oath has been taken for the mere purpose of obtheir rights of property, the thirteenth section of taining the possession of personal property seized the act of seventeenth July, 1862, authorizes the under the confiscation acts, with intent to rePresident at any time thereafter, by proclamation, move it from the subsequent reach of the officers to extend to persons who may have participated of the law, you will make report of the facts and in the existing rebellion in any State or part reasons for your belief to this office before disthereof, pardon and amnesty, with such excep- continuing the proceedings or restoring such protions, and at such time and on such conditions, as perty to the possession of the owner. he inay 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 proceed. tured 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 pro- Seven slaves fled to us for protection, and asper cases under that act, where the owner of the sisted in the destruction of this establishment, property, residing in the territory in rebellion, which had only been in operation ten days. complies with the conditions of the proclamation, This work covered a space of half a square mile, that the Secretary of the Treasury will exercise the boilers and kettles alone costing one hunthe power of remission of such forfeitures in the dred and forty-six thousand eight hundred and same spirit of generous forbearance and liberality eighty-three dollars. Our party returned to the which inspires and characterizes the proclamation. ship next day, bringing seven contrabands and Very respectfully, etc., I

six shot-guns. You will please find inclosed a TITIAN J. Coffey, drawing of the boilers and kettles. Acting Attorney-General. | Very respectfully, your obedient servant,

W. R. BROWNE,

Acting Master Commanding. Doc. 82.

To Acting Rear-Admiral THEODORUS BAILEY,

Oommanding E. G. B. Squadron. OPERATIONS AT WEST-BAY, FLORIDA.

UNITED STATES BANK RESTLESS, ST. ANDREW'S!
REPORT OF ADMIRAL BAILEY.

Bay, February 29, 1864.
UNITED STATES FLAG-SHIP DALE,

Sir: I have the honor to make the following
Key-WEST, March 8, 1864.

report: Hon. Gideon Welles, Secretary of the Navy: I Having gained information that a large barge

Sir: I have the honor to inclose herewith the would leave the Welappo River, on or about the reports of acting volunteer Lieutenant W. R. eighteenth instant, for East-Bay, with all the Browne, giving the details of two expeditions materials on board necessary for erecting a large lately sent out from the United States bark salt-work, and, on her return, intended to bring Restless, to destroy certain newly-erected salt- back a cargo of salt, (her capacity one thousand works, the property, as he states, of the rebel five hundred bushels,) I fitted out the second government. The object of the expedition was, cutter, with eleven men, under charge of Acting. in each instance, successfully accomplished. | Ensign Henry Edson, and gig, with seven men,

I am, very respectfully, your obedient serv- under charge of Master's Mate F. Grant, to effect ant,

T. BAILEY, her capture on her passage down, and with orA. R. Admiral, Commanding E. G. B. Squadron. ders, if after waiting five days and not seeing the UNITED STATES BARK RESTLESS, ST, ANDREW'S barge, to land and destroy all the salt-works in BAY, FLORIDA, February 17, 1864.

the vicinity. Sir: I have the honor to make the following According to my instructions, the boats left report:

the ship at eight P.m. on the seventeenth instant, Learning that the rebels had erected new gop- and proceeded to a bayou on the south-west side ernment salt-works, on West-Bay, on the site of of East-Bay, selected as a place of ambush, and the old salt-works destroyed by us in December, which the barge must necessarily pass. After and that they had a force of fifty men armed and lying in wait the appointed time, and seeing no stationed there for protection, I fitted out the appearance of the barge, the men were landed, first cutter, manned with thirteen men, under and destroyed all the works at hand, sixteen in charge of Acting Ensign James J. Russell, with number, among which were some of the largest orders to proceed up the Gulf coast twenty miles, government salt-works ever erected in Florida, and march inland seven miles, to attack them in the whole of which were successfully destroyed, the rear, while Acting Ensign Henry Edson, with consisting of five large steamboat-boilers and ten men, in command of the second cutter, would twenty-eight kettles, together with sixteen log proceed by the inside passage and attack them in houses, one flatboat, a large quantity of salt, vats, the front at the same time.

tanks, and other materials connected with the The expedition was entirely successful, the manufacture of this article. After destroying

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