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care of the clothes of the soldiers, and rations were being served out to the men who worked for the support of the children. But by the evacuation of Hampton, rendered necessary by the withdrawal of troops, leaving me scarcely 5,000 men outside the Fort, including the force at Newport News, all these black people were obliged to break up their homes at Hamp

GEN. BUTLER ON THE "CONTRABAND." ton, fleeing across the creek within my lines

between 10 and 18 years, and many more coming in. The questions which this state of facts presents are very embarrassing.

First, What shall be done with them? and, Second, What is their state and condition? Upon these questions I desire the instructions of the Department.

for protection and support. Indeed, it was a FORTRESS MONROE, July 30, 1861. most distressing sight to see these poor creaHon. Simon Cameron, Secretary of War :- tures, who had trusted to the protection of the SIR: By an order received on the morning arms of the United States, and who aided the of the 26th July from Major-General Dix, by a troops of the United States in their enterprise, telegraphic order from Lieut.-General Scott, I to be thus obliged to flee from their homes, and was commanded to forward, of the troops of the homes of their masters who had desertthis department, four regiments and a half, in- ed them, and become fugitives from fear of cluding Col. Baker's California regiment, to the return of the rebel soldiery, who had Washington, via Baltimore. This order reached threatened to shoot the men who had wrought me at 2 o'clock A. M., by special boat from Bal- for us, and to carry off the women who had timore. Believing that it emanated because of served us, to a worse than Egyptian_bondage. some pressing exigency for the defence of I have, therefore, now within the Peninsula, Washington, I issued my orders before day- this side of Hampton Creek, 900 negroes, 300 break for the embarkation of the troops, send- of whom are able-bodied men, 30 of whom are ing those who were among the very best regi- men substantially past hard labor, 175 women ments I had. In the course of the following | 225 children under the age of 10 years, and 170 day they were all embarked for Baltimore, with the exception of some 400, for whom I had not transportation, although I had all the transport force in the hands of the quartermaster here, to aid the Bay line of steamers, which, by the same order from the Lieut.-General, was directed to furnish transportation. Up to and at the time of the order I had been preparing The first question, however, may perhaps for an advance movement, by which I hoped to be answered by considering the last. Are these cripple the resources of the enemy at Yorktown, men, women, and children, slaves? Are they and especially by seizing a large quantity of free? Is their condition that of men, women, negroes who were being pressed into their ser- and children, or of property, or is it a mixed vice in building the intrenchments there. I had relation? What their status was under the five days previously been enabled to mount for Constitution and laws, we all know. What has the first time, the first company of light artil- been the effect of rebellion and a state of war lery, which I had been empowered to raise, upon that status? When I adopted the theory and they had but a single rifled cannon, an iron of treating the able-bodied negro fit to work in six-pounder. Of course, every thing must and the trenches as property liable to be used in did yield to the supposed exigency and the or- aid of rebellion, and so contraband of war, that ders. This ordering away the troops from this condition of things was in so far met, as I then department, while it weakened the posts at and still believe, on a legal and constitutional Newport News, necessitated the withdrawal of basis. But now a new series of questions arises. the troops from Hampton, where I was then Passing by women, the children, certainly, canthrowing up intrenched works to enable me to not be treated on that basis; if property, they hold the town with a small force, while I ad- must be considered the incumbrance rather vanced up the York or James River. In the than the auxiliary of an army, and, of course, village of Hampton there were a large number in no possible legal relation could be treated as of negroes, composed in a great measure of contraband. Are they property? If they were women and children of the men who had fled so, they have been left by their masters and thither within my lines for protection, who had owners, deserted, thrown away, abandoned, escaped from maurauding parties of rebels who like the wrecked vessel upon the ocean. Their had been gathering up able-bodied blacks to aid former possessors and owners have causelessly, them in constructing their batteries on the traitorously, rebelliously, and, to carry out the James and York Rivers. I had employed the men figure, practically abandoned them to be swalin Hampton in throwing up intrenchments, and lowed up by the winter storm of starvation. If they were working zealously and efficiently at property, do they not become the property of that duty, saving our soldiers from that labor the salvors? but we, their salvors, do not need under the gleam of the mid-day sun. The and will not hold such property, and will aswomen were earning substantially their own sume no such ownership: has not, therefore, subsistence in washing, marketing, and taking all proprietary relation ceased? Have they not

the means by which the war is prosecuted, beside being the cause of the war; and if, in so doing, it should be objected that human beings were brought to the free enjoyment of life, liberty, and the pursuit of happiness, such objection might not require much consideration.

become, thereupon, men, women, and children? | tuted the wealth of that State, and furnished No longer under ownership of any kind, the fearful relicts of fugitive masters, have they not by their masters' acts, and the state of war, assumed the condition, which we hold to be the normal one, of those made in God's image. Is not every constitutional, legal, and moral requirement, as well to the runaway master as their relinquished slaves, thus answered? I confess that my own mind is compelled by this reasoning to look upon them as men and women. If not free born, yet free, manumitted, sent forth from the hand that held them never to be reclaimed.

Of course, if this reasoning, thus imperfectly set forth, is correct, my duty, as a humane man, is very plain. I should take the same care of these men, women, and children, houseless, homeless, and unprovided for, as I would of the same number of men, women, and children, who, for their attachment to the Union, had been driven or allowed to flee from the Confederate States. I should have no doubt on this question, had I not seen it stated that an order had been issued by General McDowell in his department, substantially forbidding all fugitive slaves from coming within his lines, or being harbored there. Is that order to be enforced in all military departments? If so, who are to be considered fugitive slaves? Is a slave to be considered fugitive whose master runs away and leaves him? Is it forbidden to the troops to aid or harbor within their lines the negro children who are found therein, or is the soldier, when his march has destroyed their means of subsistence, to allow them to starve because he has driven off the rebel masters? Now, shall the commander of a regiment or battalion sit in judgment upon the question, whether any given black man has fled from his master, or his master fled from him? Indeed, how are the free born to be distinguished? Is one any more or less a fugitive slave because he has labored upon the rebel intrenchments? If he has so labored, if I understand it, he is to be harbored. By the reception of which, are the rebels most to be distressed, by taking those who have wrought all their rebel masters desired, masked their battery or those who have refused to labor and left the battery unmasked? I have very decided opinions upon the subject of this order. It does not become me to criticize it, and I write in no spirit of criticism, but simply to explain the full difficulties that surround the enforcing it. If the enforcement of that order becomes the policy of the Government, I, as a soldier, shall be bound to enforce it steadfastly, if not cheerfully. But if left to my own discretion, as you may have gathered from my reasoning, I should take a widely different course from that which it indi

cates.

In a loyal State I would put down a servile insurrection. In a state of rebellion I would confiscate that which was used to oppose my arms, and take all that property, which consti

Pardon me for addressing the Secretary of War directly upon this question, as it involves some political considerations as well as propriety of military action. I am, sir, your obe dient servant, BENJAMIN F. BUTLER.

Doo. 133.

ATTACK ON FORSYTHE, MISSOURI,
JULY 22, 1861.

SPRINGFIELD, Mo., Wednesday, July 24, 1861. LAST Saturday 1,200 men were detailed, under Gen. Sweeney, to break up a secession camp located at Forsythe-a point about fifty miles south of this, and situated at or near the foot of the Ozark Mountains. Monday, at starting, we were thirty miles from Forsythe, having only made twenty miles in the two days previous, owing to heavy rains and the consequent almost impassable character of the mountain roads. However, the day was cool, and the men pushed forward with a vigor that brought them to their destination at 2 P. M. of the same day.

Our command was composed of Companies C and D, Dragoons, under Capt. Stanley, a section of Capt. Totten's battery, under charge of Lieut. Sokalski, five hundred of the First Iowa regiment, under Lieut.-Col. Merritt, and a balance made up of mounted Kansas Volunteers, under Capt. Wood, and Second Kansas Infantry, under Col. Mitchell.

Forsythe has been noted for some time as being the rendezvous of some four hundred secessionists, who drilled there, and made it the basis of a series of predatory operations upon the property of Union men living in the vicinity. They were said to be fortified in the Courthouse, and, by the character of the town, to an extent that would enable them to resist a much superior force. This fact or report, together with the one that they had plenty of arms, provisions, &c., determined Gen. Lyon to break them up.

About three miles this side, ten men went forward to make a reconnoissance. A mile or so ahead they ran against three of the enemy's pickets-one of whom they captured, but the other two escaped and probably gave the alarm in the town. Companies C and D, under Capt. Stanley, and the Kansas Mounted Volunteers, under Capt. Wood, were ordered to charge immediately on the town, while the rest were directed to follow up in double-quick.

The town is situated at the confluence of Swan Creek and White River, which protect it on its northwest and southwest sides, while to the east it is guarded by an almost inaccessible

bluff, heavily timbered. The approach of the troops was from the north side-the Dragoons were to attack indirectly in front, the Kansas men to proceed to their right, and while some mounted Home Guards were detailed to the right of these, the Artillery was to take position a half mile or so from the town, on an eminence, supported on either side by the infantry. These dispositions made, the order "Forward" was given, and for the three miles the cavalry proceeded on a tremendous gallop, forded Swan Creek, and then taking intervals, dashed straight on the town. We were a little too late, but just in time to see about 150 secessionists break from all parts of the town, ford White River, and gain the woods beyond, or rush up the steep bluffs, where they disappeared in the timber. The party that forded White River took position among the trees and opened a sharp fire on the United States troops, but a hundred shots or so from the Sharpe's rifles of the Dragoons sent them flying towards the Arkansas border. Scarcely had they left, when the party which sought the shelter of the bluffs opened fire upon us, but Capt. Stanley and Lieut. M. J. Kelley, of Company C, dashed off with some fifty Dragoons, when they fled and were seen no more. About this time the artillery came up and opened on the Court House, which at the time was occupied by several of our own men, including the reporter of the Dubuque Times. Three shells were fired into it before the mistake was discovered. Fortunately, no one but the reporter was injured, and he only slightly, by being struck by a splinter in the back of the head. The artillery then turned its attention to the bluffs, and sent three charges of grape into a party of secessionists, who were evidently taking French leave of the section. They scattered all but three or four, who remained and probably will remain there till removed by their friends. In the Court House were found blankets, rifles, provisions, and clothing in large quantities. A large quantity of lead was recovered from a well into which it had been thrown, and, in addition, several horses and one or two prisoners were captured. Our loss was slight. Privates Wilthorne and Martin, Company D, Dragoons, were wounded slightly, and another man had a ball sent through his shoulder, and Capt. Stanley's horse was shot under him, and two other horses were slightly wounded. The secessionists lost five killed and ten woundedamong them was said to be Capt. Jackson.

The command camped in the town Monday night, and Tuesday at noon commenced their march homewards, and will probably reach here by noon to-morrow. At Yellville, on the Arkansas border, there is said to be 1,000 secessionists, and at Camp Walker in the northwestern part of the State, 10,000, whose design is to retake Springfield, and from here march on St. Louis. GALWAY.

-N. Y. Times, July 31.

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Doc. 134.

BAPTIST CONVENTION OF S. C. THIS body closed its forty-first anniversary on the 28th of July, at Spartanburg Court House: Hon. J. B. O'Neall, President; Rev. Mr. Landrum, Vice President; Rev. Mr. Breaker, Secretary; Prof. Judson, Treasurer. The aggregate membership of the churches throughout the State, represented in the Convention, is about sixty thousand; of whom one-third are colored. The objects of the Convention are Foreign and Domestic Missions, the Bible and the Sunday School cause, and Education, both Literary and Theological.

A deep and prayerful solicitude for the success of our great national struggle marked all the religious exercises. On this subject, the following resolution, offered by Dr. W. Curtis, was unanimously adopted:

Resolved, That in the present peculiar condition of our political affairs, it becomes us thus to assure our beloved country of our sympathies, prayers, and thanksgiving on her behalf; that so far as we can understand the remarkable openings and guidance of Divine Providence, we have but received, in almost every instance, the merciful blessings of our God, as approbation upon the plans our State and the Southern Confederacy have deemed it best to adopt that now especially, in the unprecedented, vindictive, and deadly strife against us, to which those who but recently spoke of us as brethren are urging one another, we can but rejoice in the oneness of our brethren of this State, in prayer and effort to defend our homes, our liberties, and our churches; and encourage them to be assured, that, as hitherto, putting our faith in God, though each of us may have inuch to bear, yet the rod will not finally rest upon us, but that in this most wicked attack upon our otherwise peaceful homes, the wickedness of the wicked will return on their own heads.

By special appointment of the Convention, a thanksgiving sermon was preached on Sunday morning, by Rev. Dr. Broaddus, of Greenville, from Psalm 44: 6. A collection was taken up at the close of the sermon for the relief of our sick and wounded soldiers, amounting to one hundred and thirty dollars; among which was found a handsome gold ring, the heart offering of some fair donor.

It is an interesting fact, as illustrative of the extraordinary character of our army, that one of the churches of the Convention, in Spartanburg District, has no less than thirty-four of its members in our Southern army. In one of the companies from that district there are sixty members of the Baptist churches, and not one of those killed in the late battle.

Doc. 135.

VIRGINIA ORDINANCE,

PROHIBITING CITIZENS OF VIRGINIA FROM HOLD

ING OFFICE UNDER THE UNITED STATES, PASSED JULY, 1861.

the honor to acknowledge the receipt of your communication, accompanied by a resolution of inquiry, adopted by the Committee of the Convention of the State of Virginia, "whether, prior to the 24th day of April, any of the Confederate States had transferred to the Confed

1. Be it ordained, That any citizen of Vir-erate Government the public property captured ginia holding office under the Government of the United States after the 31st of July, 1861, shall be forever banished from this State, and is declared an alien enemy, and shall be so considered in all the courts of Virginia.

by them from the late United States, and upon what terms; also whether any such transfers have been made since the said date, and upon what terms "to all of which I have to reply that, on the 12th of February, 1861, the Congress of the Confederate States of America assumed charge of the questions pending between the several States of the Confederacy and the Government of the United States, relating to the occupation of forts, arsenals, dock

2. Any citizen of Virginia who may hereafter undertake to represent the State of Virginia in the Congress of the United States, in addition to the penalties of the preceding section, be deemed guilty of treason, and his property shall, upon information by the Attorney-Gen-yards, and other public establishments, and dieral, in any court of this Commonwealth, be

confiscated to the use of the State.

3. The first section shall not be deemed applicable to any officer of the United States now out of the limits of the United States, or of the Confederate States, until after the 1st day of July, 1862.

Doc. 136.

GENERAL MCCLELLAN'S ORDER.

HEAD-QUARTERS, DIVISION OF THE POTOMAC, WASHINGTON, July 30, 1861. THE General commanding the Division has with much regret observed that large numbers of officers and men stationed in the vicinity of Washington, are in the habit of frequenting the streets and hotels of the city. This practice is eminently prejudicial to good order and military discipline, and must at once be discontinued.

The time and services of all persons connected with this division should be devoted to their appropriate duties with their respective commands. It is therefore directed that hereafter no officer or soldier be allowed to absent himself from his camp and visit Washington, except for the performance of some public duty, or the transaction of important private business, for which purposes written permits will be given by the commanders of brigades. The permit will state the object of the visit. Brigade commanders will be held responsible for the strict execution of this order.

Col. Andrew Porter, of the 16th U. S. Infantry, is detailed for temporary duty as Provost Marshal in Washington, and will be obeyed and respected accordingly. Col, Porter will report in person at these head-quarters for By command of

instructions.

Maj.-Gen. McClellan, S. WILLIAMS, Assistant Adjutant-General.

Doc. 137.

LETTER FROM JEFFERSON DAVIS

TO JOHN R. CHAMBLESS.

RICHMOND, June 24, 1861. HON. JOHN R. CHAMBLESS, Chairman of the Harper's Ferry Committee, &c.-Sir: I have

rected that act to be communicated to the several States; and again, on the 15th of March, 1861, the Congress recommended the respective States to cede the forts, arsenals, dockyards, and other public establishments within their respective limits, to the Confederate States; and in case of such cession, authorized and empowered the President to take charge of said property. It was also provided by act of 28th February, 1861, that the President be authorized and directed to assume control of all military operations between the Confederate States, or any of them, and Powers foreign to them; and he was authorized to receive from the sev eral States the arms and munitions of war acquired from the United States and then in the forts, arsenals, and navy yards of said States, and all other arms and munitions which they might desire to turn over and make chargeable to the Confederate Government.

In response thereto, the State of Georgia did, on the 20th of March, 1861, by an ordinance of her Convention, authorize the Confederate States of America to occupy, use, and hold possession of all forts, navy yards, arsenals, cus tom houses and other public sites, with their appurtenances, within the limits of said State and lately in possession of the United States of America, and to repair, rebuild, and control the same at its discretion, until the ordinance should be repealed by a convention of the people of said State. By another ordinance of same date and authority, the control of all military operations in said State having reference to, or connected with, questions between said State or any of the Confederate States of America, and Powers foreign to them, was transferred to the Government of the Confederate States of Amer

ica.

In like manner were transferred the arms and munitions of war acquired from the United States and then remaining in the forts and arsenals. It was further provided that the Governor be authorized to transfer to the Government of the Confederate States such arms, munitions of war, armed vessels or steamers belonging to said State, as in his judgment might be expedient, and upon such terms as

should be agreed upon. The Government of | ernment of the Confederate States the arms the Confederate States was to become account- and other public property captured from the able for all such arms and munitions of war as United States. should be transferred.

On the 8th of April, 1861, an ordinance was adopted by South Carolina, which, in terms of similar import to that of the State of Georgia, transferred to the Government of the Confederate States all the forts, arsenals, custom houses, navy yards, and other public sites in her limits. Though not on file in the War Office, my recollection is that the arms and munitions of war were in like manner transferred.

On the 20th of March, 1861, the State of Texas, by an ordinance of her convention, in like manner assigned to the Government of the Confederate States all the forts and navy yards, arsenals and lighthouses and their appurtenances within her limits.

On the 6th of May, 1861, the State of Arkansas, in convention, by ordinance, instructed and commissioned her delegates to the Provisional Congress of the Confederate States to cede, convey, and transfer to the Government of the Confederate States of America the site, buildings, and appurtenances of the arsenal at Little Rock, and the site, buildings, and appurtenances of the hospital at Napoleon, with several conditions annexed, none of which probably affect the use of the property by the Confederate States. This power has not yet been exercised by the delegates commissioned as above stated.

On the 5th of June, 1861, North Carolina, by ordinance of the State Convention, ceded to the Confederate States of America jurisdiction over the arsenal at Fayetteville, except that civil process in all cases, and such criminal process as may issue under the authority of the State of North Carolina, against any person or persons charged with crimes committed without said tract of land, may be executed therein, and transferred arsenals, magazines, &c., the title and possession of the lands described, to the Government of the Confederate States. I have not been advised of any decision by the convention of North Carolina in relation to the transfer of arms captured from the United States, though it is known that a part of those arms has been sent to Virginia, and another portion issued to troops who have been mustered into service and are now on duty within the limits of this State.

In the removal of the seat of Government to the city of Richmond, a box, containing a portion of the files of the War Office, has accidentally been separated and has not yet arrived. From this or other cause I have not been able to obtain record evidence of the action of the States of Alabama, Florida, Louisiana, and Mississippi, and therefore state the action of their several State Conventions from memory.

In regard to the first named, the course adopted was similar to that of Georgia. In Louisiana the Governor was authorized, as his judgment should direct, to transfer to the Gov

The forts and arsenal at Baton Rouge have been occupied by the Confederate troops, and a portion of the arms in that arsenal has been transferred.

The action of Florida was generally the same. In Mississippi no arms or munitions of war were captured from the United States, but those obtained by purchase before her secession have been used to supply troops furnished on requisition for the Confederate service-say ten or eleven regiments now employed beyond the limits of the State. The only public property within the limits of the State, and recently held by the Government of the United States, was an unfinished fort on Ship Island and two marine hospitals on the Mississippi River. The first is in the possession, and the second at the disposal of the Government of the Confederate States. I am, most respectfully, yours, JEFFERSON Davis.

Doc. 138.

COLONEL MILES' DEFENCE. COL. MILES Commanded the reserves, at the battle of Bull Run. Being accused of drunkenness and other conduct unbecoming a soldier, he published the following card, in the Washington Star, of August 1:

ALEXANDRIA, VA., July 31, 1861. EDITOR OF THE STAR-DEAR SIR: Will you please give place in your columns to a short reply from an old soldier, in correction of Col. Richardson's report, as published in this morning's Sun. Perhaps no one has ever before been hunted with more assiduous, malicious vituperation and falsehood, since the battle of Bull Run, than myself. My name, I am told, has been a by word in the streets of Washington and its bar-rooms for every thing deroga tory to my character. It was stated I had deserted to the enemy; I was a traitor, being from Maryland, a sympathizer; gave the order to retreat; was in arrest, and now, by Col. Richardson's report, drunk.

I shall not copy Richardson's report, but correct the errors he has committed, leaving to his future days a remorse he may feel at the irreparable injury he has inflicted on an old brother officer.

The order for retreat from Blackburn's Ford, as communicated by my staff officer, emanated from Gen. McDowell, who directed two of my brigades to march on the Warrenton road as far as the bridge on Cub Creek. I sent my adjutant-general, Captain Vincent, to bring up Davies' and Richardson's brigades, while I gave the order to Blenker's brigade at Centreville to proceed down the Warrenton road. I accompanied these troops a part of the way, endeavoring to collect and halt the routed soldiers. I returned to Centreville heights as Col. Rich

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