y"Z&7 ' - . ' - - ' - ". '
I
THE WILMINGTON JOURNAL.
C C KKDKSA.TR STATES OF AMERICA.
T7'LMIKGTCN. N. C SATURDAY, MAY 21, 1S64.
The Yankees claim treat eocccwes in the battles of
last Tva!i and the wck before, in Northern Virginia.
TLey tUtt, vic'o.-j ! and Lincoln as early cs tbe 9tb
jCEtont issued a ri exhalation es follows:
Executive Mansion.
"Washington, May 9 h, 1 SC-i. J
7o the Friends cf Union and Liberty:
E1.01.2h is kLewn of cur army cperatiors within the
last live cavs, to chum our cfpena a'141" l"
Whi1
e w;
.t rtnions
ucdene, df mauls cur mcst sincere
T I mMt tif viVim-yi nil
Travels lo tvr. jxl;ar.ce upou jiiui, (ki-u' "
turuui i flirt i? veft-) 1 icccmmend tbat all patriot',
at tbtir if &t ti tir p'aces of pnblic worship, and
whenvir ihcy mt.y t c, nr.it - in common thanksgiving
end prayer to Almighty Gcd.
A bhauam Lincoln.
Oa the sine day, the Oth, clispa'ches were tent North
Iron Wf shinglcr, stating that Lke was in full retreat
on It.CLn.crd GrAr-x pursuirg ; tbat IJanccck had
passed tr.ugh Spotsylvania Court House on the 8th;
that Euileb had whipped Beacregard, and cut cQ
Petersburg Jrcm Bx-hmoEd.
Afer uli .his fhurih of trcrnpets on the 0 Lb, the
"Wash icptcc C'iroi.ic'c cf Tuesday, estimates the reduc
tion of Gram's forces at thirty-five thousand ; and
thin was Ltfcic the ttrr.fTis battle cf Tuesday, and tie
Eti!l mere Uu'Zic i atiie of TLureday br.d taken place.
On Thnrahiy, Grant brought his m:n up in ten lines
liueaiicr line jh a iu.: etch clc clcse behied another ;
and Lurkd Um against the breastwerks which pro
tee'ed ',Le Souther l nreny. They brcke through at one
point, d rut cr.e. At all others 'fbr were repulsed
with tari'r.Io tLcsMc-r. ilea heavy mosses, exposed
ia open fi.d to the hrc vi rifle balls and grape phot
from brl.ird subclantial bicaat wcrks, were literally
mowed dewr, til j our loe3 was comparatively trifling,
cn account :f car men rxiig protected; even at the
point where ilu enemy had broken through, ha was
prornplly driven cat, and rucst cf the pris:ner3 he had
znadj were recaptured.
Tho pun of hu.-Hr.g Lie 2 afla line lice after line iu
t:rr.b face, Led lu .'ceded at M'siocary Fridge,
and at Dor f J: on. but it Old Let tC.ct its cl j .cr at Spott
pylvania turt II oufc, aou ody rcpulted in fearful loss
to the a?.Vik.c;3. Il U probub!e that G'bant will soon
try EGme otln-r iaciic-'. All his rexrvc? went in on the
Clb. AH ti e :v; h troooi he cou'ti draw from the gar
risons cf 't:.gicii and its defences were pushed for-
cn rako or scrape very few
ward c i tLc 12th.
He
me
A cat.d ia tLo I
';fbarg
Register cf the
gigr.ea "u'ui ice
paper of the a,i
ing. ' Justice"'
relieved of th
Cpro'ia :; d 'I
going to IV t r
10th,
c;rcraJic-.3 ta3 renort civen ia tnat
)-!t re ia reference to General AVuit-r-x
that General Wiiitiac. has not been
:;r.L:ur:d f tl e Department of North
V
;'V. LCin
tginia, .Thidi he assumed on
T, ar-d iiAim-itcs that
imprcsiioa xisla in ri-fcrerce io
erroneous
the movement which
. rv :i ;
rumours have been afloat,
o'.c: then be .'ore, cs such things
k2 tnest extravagant proportions.
we hcv: t. r! jr.
are so ?rt tc a'
It is a I Ic:t v.cli to await facts before falling with the
get.cral e'i t-.oi r, wLiili may turn cut to be unfounded,
Iw.'H ;; certain to be exesrereratcd.
and i3
It wou'u r-cr.i lint tao oncmy which recea tly approach
ed Richwf;ni so l-i .r oaths liorthikb, was commanded by
Centra! xIKii:an &l-u ;e.u.i.ied of a henvy force. They
staid widiin ei;i.'. o. Hjo c n!r. r.chmonti of the city until tLe
U;h. t'rvza p.Lir.,c-;9 m-j! ctao.s, it is Iarued that
they "cricu.y to ta'v-3 the c:tj. They
prot-.tLiy v:nl'i-d for the f-nl to assault the
works to cctiO Ihj '.vr.ulLHide, but that failing,
they t jcrlit bj-jt to d -part, which thf-y did down the
PeLltsaia Oat -A the t-ris-jners hronht ia rem irked that
they wo'j'i have an-ucd at Uichru-jiid tuo days Boou.r hut
for an unexj e'.t-.l d A.iy.
Yz::Ti wax .l c-i v.e v,-.3:t fo ;iarer to eft cn our table
the I'eterM i., J.'jrprerr. and th ) Petersburg Jtegitlir of the
day b-jfore, ia ei.Lii to c-A'.n.ct eons items frr ra them on
our return. Y.e . ir t ax'a them skce. We will here
e'ter, at ail tm.'. hwet .. hce? -jsu'c ard war J, or a con
Bto:it lock cn i2 cl--.r,-. l ev,- rieo:Tl3 seem to think of the
ann..ycc rvl i- j;-y t!:ey do ia ihw and ether ways to an
CTifuTtu u?to edit :.
No
o
Fays that j-..:.L.o prisoufrj tahca ia the tights between
ltiehm nd ml rtt-.rcba-? agres that eld Cutler's or
ders wcie to t. l;c no prisoner?. Isptler's forces were
informed th.it Grant Lad whipped Le?, and wa3 rapidly
tdvancitrg cn l;:ciiiaoLd, and that it was only necessa
ry fur the m U close up and annihilate the rebel" ar
inies to pvtt an end io ih? rebellion and close the war.
This is ecnxT.cia'. j by the statements of deserters.
Ti e Ixu.'iy .rn it-iua fcaud that his calculations
were rather miskt-n, ard that his men were the par
ties to c k quarter, net to gii-c it.
Gek::.-i.s
in the rt.i.t
1'ami t,
la'tVs ;
vst c
MS
the
(1 G or. don, of this State, killed
Virginia, wero cmong the bra
eCicc s in tbe Confederate ar-
bv.- kit alike by the State and
distant parts of the?
-Umli. from the banks of the lloa
; GeLcrai Gokdon from near the head
dkin, awr.7 uo ct the lilur Tl'uhrp - n-,T
tf A " - mA
did tht'y iep?e.--.Lt their respective sections.
ti l j tl eir U ;
Cor.iu'err.ty.
yta'c ; Cie: cr:.l
tcke, ;,a the nt
watcn (1 ihj Yu
nobly
-
fi i ey came !rc
At J'
p t:
Si X. G. Ik
IK THK i KVCUES
Kay "J c, lCl-A
VANTKY, )
SCUES, V
.Bl. )
n V 7 ; .Y :
i .!.- '.o:m ny, I drrp you a Tins to re-
i in ra. All not Lv ctiorcO are
3; i i'iivutHS Heury ris; ani Ay
- e- l. u d, :n 'ho tharpo ra oro
.;t,t. J. i:. tui'h, tightly wonnd
t I , lur dii'y ;-1 fiKt. Clms. H.
. :!e K.nf.'li, ce-T tt iic-u? ; j i i?ap Ju 1-
. t hif.ir s-Let til. Ytfterday, xhs
s1 ..! il.Torgh tfg b l..7 knee, cot
h. -' j . T. C. Jat. isl... r,vtt arniand
a.-tetu v . Tf wouEdcd. th furrc-T in ih
e
( 1!..
jUl s li il ?'vl
n?y'i :!1 Ur.
f d ou k. f . , Vl
Parrtw. v ui d
nn 1:?.-. .
S.h, I : i ."'t i!i
lAs. i iy-i i iad
foot i r ai.lie.iH d iLc l.t'f-r Ihrcnsh th") tbikh : nirhr
-wiuLd t-1 roik:u-?:.d m. h'voiythirg wo'kicp well
and the en. it j t..- i'i ' :,ihhol " every iirae," so far
Vea-Ui i. ia e';t;. :u t .;..ol at niiht. The msa in fine
spirit . ie-ti . is iicr.iuent to lar, 6 ki.ltd, und 45
vwouLded.
Your?,
(''.i t i:n Co. F. 3d X. C. Infan'ry.
2U J.V
i'u t.t-f ;
pest to !' o
fci.u a I. , 'a tl; r j c.a
without cjt: or t : tj
iu ctLeT l inn . r.
ti. d ar.ct ir.iy I .
sre6, brclicie ulu
ll.et.
F r ti e JouT.al.
C, Way 20. h, 18-J4.
r ace in jcur cj'uai:s to bt.z-
e! u:ehjj the ororicly of Lole-
'iha cri&i-;
i'..v t.je a Hi:2.i
i .-t i.s of en
j.rjyt r iiiv'tn' g lor oit cennuy.
. ti e Cv-r.v:iT O' T f. I.iicici rfed it. n T h
1 c' 1 - !- at 5 'clock every afternoon
co- :;u n.:ou ut Tuca tiaie. ihoe held
.n.rtuCcd ard 1 lhii.h a goo.j eT
m. ir. s iui:iiiw;o'i. while so inaay of cur
li,vl'-i r- eiie-cd m the deadly eon-
W.
Aievivclof ul'ioaio prrcins at tha Fifth Street
Keihodi&t Locx.'! CLaica ia this place. Several per
sols have iu,Ubb. d converts-vn, and there L&3 been a ham
beril pu:t-.i ta a tl:o altar eery tiLt tis week. The
Paitor, Rev. ti. L. I'tel-r, is laborias faithfally.
Tlie Wcuiiuiil at IlUluu ot.d.
The toilowirg h tl e list of the woucded efficers who
have armed at tL. c niccrs hespitai in Kichmond, since
Sunday at coon.
Gorg-j Wilcc-x, 2Cth N C : T.Ut M B Blair. 2Gkh
; Ul o Aiu-mi'scii, io:l C; U F Avo
ry.jj x (j ; L ent J XJ.rc-hcr, 3i N o ; Mai. J G
C.; t.ul A G.Llam, 27th N G : Lieut E K Hot.
cr
'i V i 5 ai t 11 W Abcmathcy, 34th N U
wouedtd. 4 '
Slisrtt'.v
T I
JS RIAL 111X08 T-) A FM Nai EDTTOR.-r.
Tl tfr tM?,arCiCU l'J.lbe E l ror of Fiance,
i A i ,u-''""' ('c -"r, m cjtBideralion
of tic -anl tx.u t,.cnt vith v,hich he has dieted
IrtLct wterc-st in Actrica, and the care which he ha3
constantly taken to enlighten public opinion in re?ard
to the character and pol-cy of the Imperial Govern
ment.,' The appointment ws made on the Heventh
anniversary of the the day upon which Mr. Aiasstras
assumed the editorial manrgem ct of the Gcurier.
aovEitxcmvs mkssaob.
The Honorable,
tbe General Assembly of North Ca clina:
6ince your last arij 3urnmfnt, variom and important
chaniea in the B'tnation of our afliirshave occurrfd and
many of tbem reqaire legislative action at jour hiuju.
The late act of Coaarrea conferring power on the Presi
dent o the Confederate S'ats, to impost ron'atiors aod
restriction on commerc has given ue to t-uch a ststun,
on the pa't of the Confrderati authoritie s, as will cflec'a-
RilveTclndfi thia R'.M.t fn m iriiT)oitin?' fLnv fnr;her fen:ili-iB
for the aTr.y or people. 1h port of tfiiminjiton now
more eflctnallj b'.oekidfd from, within th -n withrnt Tbe
erma impoeed upoti nhip onr, beitur each tin? a heavy
b-p is incurred by everv vovao and notwiths'.iriding be
said act provides : " 1'hat ihothi' g in this act shall be cm-
fc'raed to prohibit the Cocfeierat .tae, or any or lii'ia,
from ixportirg arvcf the article herein er araerated on
their own acconnt," yet this is bo construed by tbe Gov
ernment, as to compel tl e .States to submit to tiie tame
terms aa' are irrpuFed on privat3 pa;Hee; and c'earai ces
are refused and the guca of the fortificatioi.a bn uht to
bear upon cur own ViBe's to compel a compiiirce.
P'ivate parties importing ennplies f ir the g vercment,
by contract, for eriomious prori'a. ar Dot taxed by tlxsa
regulations ; yet the State of North Carolina, impor iug a!
moRt the same articles for the same purpose, is corupell-d
to Rubmit so fern. I deem it inconsistent wi'h the pnbhc
interest to refer more particularly to our blockade-racmrg
tratsctioEB and the low which tho State will eullsr oa
both hhipa and supplies on hand, if these regulations con
'inne in forre. VVbeu tt,ia ii considered witn tbe farther
ftct, pp I hold it. that he Rf-nerai Rovernment has no right
to aefze cne-half, or any iari of, the interest of a sovere;gu
.-ate ia the vessels emp eiyea in importing her supplies
(this beir-K tie terms, to which we are called n(on to sab
mil !), cr to impose Euch regulations as wi.l destroy instead
of regalairg commerce, it tiecomes yonr province to de
mand a repeal or reodiScation of the act, ar.d I respectfully
and earnestly recf mrr.end thai you do so. And ia case
t'oneress Ehould decline to repeal or modify tbe act, I re
f pfctfrillv a6k for directions as to what I shall do with tl e
ships and snpp ies cn hand. A detailed Etatem nt cf these
Btipj liea together with an account as accurate as it can be
wrbout voucher for expenditures abroadj iotyet.rcteivpd,
iu fcerenrh submitted together with the report of Mr.
John White, cur tf-icial Commissioner to Karope. In
reference to thia ebdeman, it is daa to him that I should
say. that I have tvery reason to be pleased with tha sVill
and fidelity with which be performed the duties of his difS
cu't mission A report of the operations of our other Com
missioner, Col. D. K. tlcIJae. Lecc89 irily iacomylote, ia
also sibmitted, and will, I believe, ba foaLd eqaally sati3
lactory and credita'o'e to him as Commissioner. Ja this
connection, I respectfully ask for the appointmsat of a
committe to investigate all matters appertaining to the
Llockade-rnnnicg of the State, to beAppoiated at an early
day, so as to report to vour present session if possible.
No appropriation has been mide by your honorable body
to i ay the iurrct expenses of the vessels engaged ia rua
uirg the blockade and none will be neceBsry, for tbese
expenses can be paid by Belling bills, drawn on our agent
in Ergl iEd, as being incurred m Witmiogtoa caitn ror ma
expensed connec td with the loading and unloading vcb
pela, compreseiijg cotfoa, &c. And they can be discharged
in -currency. I would Biggest that you authorize the
Treasurer to purcaase thr S3 bills out of any money in the
Treasnry, asd thm keep the e'erlicg exchaoge ia the
Treasury which otherwise waud have to be pat oa the
centra! marker,, and be lost to the Slate.
Eeicg convinced from experience that the legitimate
bnsiresj of my office, now fuur-fold greaer than foimcrly,
is sufficient to tax all my euergiea ot xa'rA aedbodj, and
that 1 cincot do ju;tio9 to the inters! ot the State in a
business ho complicated, aB many of tha transactions of
which is carried on at tnch a distance, I respectfully re
commend that a commission of one or more gentlemen,
f-killed iu such business, re appointed to conduct the fo
ture operations of the State, in importing supplies, whether
for ti e porpoHO of continuing thj operations or winding ep
the business.
A report of th Adjutant (Joneral covering reports of his
aabordinatca in ths d;ttjrent departmDnts is herewith sub
mitted. Iho impressment of property of citizens by offisera and
p.er ttf ot the Comed-rate Government, harsh enough iu
itself, ha3 beco no doi.b!y bo, by the constant disregard of
the provision cf the laar retiuiaiiosr jeizares. In addition
to this, tho htgraut cu race committed ia every part of
'he cotntry bv straKgiiu soldiers and other persons in the
Cor.lud:ra'i.e service, having no bhadow of authority to im
pres3 pf&i'C-rty, has become a grievance almost intolera
ble. A recitat of many instances of such, which have been
brought to my knowledge, would shock &the moral sense of
the most heartless.
1 have urged in vain upon the authorities of tha Confed
eracy to check tlis evil, and haie UBed every possible ef
fort to do so myself. But it seems to grow worse, aud as
tbe supplies ol our people become more scant they feel
more sensibly this unjust deprivation of their property,
which reduces them almost to the verga of starvation. It
ui-'st bo stopped, if possible, and I earnestly recommend
such action on your part as you may think best calculated
to aid ma iu remedying the evil. My correspondance with
the War Dapartment on thia subject is submitted for yoar
consideration. 1 desire to call your attention specially to
certain enactments of tbe last Congress of the Confederate
States. Amosg them ia one extending the age of conscrip
tion Irom Is to 17, and trom 45 to 60 years, which force is
to bo orau:z.d as a fcitate reserve their company officers
to b o ected, and the held officers appointed by the Presi
dent, and all to be under his command.
In adJitioa to the great injury to be apprehended to the
agricultural interest ot tho ceuntry, 6hould these mea be
ordered iuto actual service, 1 have to remind you that it
will absorb tbe entire militia force of tae State, and would
leave the Executive with no force whatsoever except fctate
ollicers a conditiou dangerous at once to the pence and
order of the State, and to its Bovereigp-y and digci'y.
Ihere can scarcely be a doubt of the inexpediency ot this
act as to this btate ; s nee the same men with t'ie exoep
tioa or boys from 17 to IS are no very thoroughly organ
ized as Home Guards under State authority, aud have been
heretofore and would be again promptly turned out in cases
iX great public danger. ur&?e d .ubta are alPo entertained
cf its Constnutionaiity ; the forces raised under it being to
all intents and purposes militia, ihe control of which can
not be legally tiken from tht ..Executive of the Ma e Government-
at least bo lar ad the appointment and commis
sioning of tfheera is concerned- buould you, however, in
the abBecce of a jadieia; decision us to the Constitutional
ity ot the act. decline to take the responsibility cf refusing
assent to it, there wd! b3 an indispensable necesoi'y of your
cotbtituting some mi i;ia lor the preservation dl law an i
order iu the Stat3 by extending the age of Bervice in the
rnii.'tia, aid by some new organization of the remnant3 of
the Militia and Homo Guaid organizations; other wide I
shall hnve on my handB the ctScera of two distinct orgaui
zaticua, powerless lor the want of men." Iu thiB counec
i.ou I would muiion that the same act ct Congress has
eigaia conierred u;on me, without refsrenca to the Legis
lature, tbe powur to claim the exemption of such Siate ot
tioers as I may df em necessary for the du? administration
oi too laws Xot wishing to take bo important a reponsi
bility upon my shomderd without conulaog the .Represen
tatives oi the people, I have so far claimed the exemption
cf all civil and military ofaceis of the Htate, togetaer with
the icdispensible employees of the ditlarent department
of the state Government, as enumerated by your bedy at
its late extra eessicn. And 1 no11 redpectfuUv ass ihit you
indicate to me by resolution wl.ut persons you regard as
proper Baojecta lor exemption.
I have taken the ground that exemption of State officer
from conscription into the Confederate servica is not by
iavor of Congress, but is a matter of right inherent in a
sovereign bitto, and tha. for toe Bame reason the State has
an inainputable riht to the services of laborers and other
peioona who are necessarily ioher employ, thoagh they bo
njt cjjiccrs wuhia the meoingof the act of Cunjrresa
fihcmd you again a.,;ree wkh me in this opinion, I would
be happy to bj sustained bv a resolution to that eMect.
th luio you conclude to combine the Home Guard and
Mi ilia orgia zauons, I retornmoud that the latter be pre
s.rvtd. 1 ehould regret exceidingly to see the militia
abolished, and i;a orgatiizition destroyed. It ia tha aa
cicut and time-honored mditary i-ietituii ju of th? State,
her main dependence, ia ordinary times, for th-3 suppres
sion oi rebei:ica aud repchug of iuvasion, and 'hough
t-hora of its g rcngin by the raising ct grea; armi-s, aud
despite it tncayjthort comings, it liaa betu of great; service
bo:u to kbe Staeo ana Cent, aeracy during this war.
Amcrg the acts of Corgtf S3 referred to that, which ha9
sr-ipendt d the priyiit'ge oi liabe&s corpus has mr.st thorough
ly arcued pnoiio attention. Neither the losses iacurred
by the radical ad euddt-n charges in the currency, nor the
consensu -u of tha priocipa'a ot subotituies, nor the exten
sion of it to "ch an age, and upon euch terms a? to place
tho icdustnal i u'buits cf the country at the feet of ths
President, nor tho heavy burthens f t&XAtion none of
tLoatr, nor allot them together, have to awaksned the
public feelirg as the withdiarral of this time honored and
blood-borght guard of personal freedom from the people
ia times wnen it i most needed for their prot' ctioa. It is
tra-i t'xt our forefathers assarred, and this generation has
conceded, that ia ra es of rebellion and invaaion, the pub
lic sarcty my poa.etirues requite its fnspenpton ; and,
therefore, we have conferred ou Congress the power of
huper.MGn in such cases, when the j i'').'tc saftty may re
quire it. Nor can it be doubted tau the power aathoriz-Jd
to tuaperu is the bole po tr atltled to judge cf tho neces
sity tor the ict, and it the late statute had mere'y prohi
birJ out and out ti e us of the writltor ihe ti-xc Hpeciiied,
there couid b8 no complaint agiant its constitutionality,
howevei' ill timed and unnecessary nny have teen t ie ex
ercise of a rigor bo great. Rut 1 have been s u aahle to
see, in the times, any recessity for denying the writ, as I
ara to rt-.cgn:'ze in he lav the consti.ution&l exercise cf
the favor that is granted. Concurring in the doctrine that
the trctectioa against the abuse of the constitution cf ths
Confederate States, either by usurpation of powers or op
pressive u.e of tnch as ae granted, is to he fennd in the
responsibility of Cor gress to the people, ensured by iheir
thort tonure of efhee, and the reseived right of each Statef
to reEUTe the powers delegated to the Confederate gov
ernment, whenever in her judgment they are perverted to
the injury or oppression ot the people, I deem it a duty
devolved on the state, through her proper organs, to make
known io that government, her complaints and toinsiat
upon a redress tf her grievances. Under this idea of duty,
and in a tpiiit of regaid for the governmert of oar adop
tion, I deem it incuxb.nt to piedcat icy e-Ljections against
the late act.
It is declared in the preamble that "the President has
asked for the suspension, and iutormed Congress of condi
tions of public danger which render a suspension of the
wru a measure proper ior tee punac deience against inva
sion and insurrection." Therefore it is es acted that the
writ shall be suspended as to ''the cases ot persons arrest
ed or defamed by order of the President, Secretary of War,
or the Geteral t fiieer commanding tha Trans-Axisiissip pi
military department."
The sta'u'e proceeds to classify under thirteen heads a
very great number cf acts, of which, if a man be accused,
he thail be deprived of the benefit of the writ ; and among
them the act of attempting to "avoid military service. '
To prevent the outrage which may be perpetrated on an
innocent man not subject to military service ftr merely
attempting "to avoid military service, unlawfully demand
ed, it ia provided that "in caee of palpable wrong and op
pression b any subordinate offi er upon any party who
does not legally owe military service, his superior shall
grant prompt relief to the oppressed party," and "the
subordinate shall be dismissed from office."
And as a general protection of the citz3t s acainct abases,
nnder th6 act U n pr. vidfd that "the President p hall
cvjpe pro; er effioersto invesMato ;hecaes of all porso-.b
so arrested or detained, in order that they may be dis
charged if improperly detained, unless they csn bo speedi
ly tried in dee course of law."
And, finally, it a e -.acted tbat 4 no military or other
officer ehall bo compellf d in answer to any writ of habeas
corpus to appear id person or to return tne body or any
perse n detained by the antnority ot tne rresment aecre
tary of War" Ac.; "but upon ihe certiflca'e. under oath
of the officer having o Surge of any on? fo detained- that
such person is d. tain d by Lim for atlj of ths causes upe-
c fied in the act un'er said authority, fnrt'iar proceedings
under the writ shall 'Immediately ceast."
I:, ordnr to ascertain whether 'ha enactment it wtfin
the powerc delegated, it is proper to keep in mind wfcat
are tie privileges cf h3 Wi it o! habeas corpus, and w
fdiall be eure to know what can be aflacted c .na.it uti mal
ly, by a suspension cf it, Tcis writ ishe cfiapring of the
love of liberty, and ha been in ue for ages by our ances
torB and onr?elyes an the feand-maid of freedom. Its use ie
tu hae enquiry made cceordiEg to the rules of law of the
causes why persons are restra ned of their civil freedom
If upon etquiiy by the proper authority, there be no cause
lor detention, the person is Bet at liberty. If there be
cause he is remar.ded lor farther detention or aUowed to
go at Urge upon bail. Now, these are aft the priv l?ges
of the writ of habeas corpus Tbe wr t finds n place Kir
action until after the person is arretted. So that if there
be any privileges or securities to the person attending the
mode of arrpt, thete are not the privileges of the writ of
habeas corpus, but exist independently of them And it is
therefore clear that a power to suspaud tbe privileges of
the writ ia not a power to suspend the privileges secured
ia forms attendi"g the mode of arrest. They are too dia
Unci to be conrunr;ded by auy species of ac phiairy; and
th s d;8tiDcioii 13 Dlai'ilv and notab v observed in the bi 1 to
suspend the writ, parsed through the Senate ia January,
ieU7, which bu peuded it only when the person may nave
been 'charged on oaih," and arrested by virtue of 'a war
rant." The writ was as effdotaa'ly suspended by that bill us
by this act, and the Constitutional securities attending the
mode ot arrest, were left untouched and unimpaired. It may
be then regarded as settled truth, that tne suspension
of the writ is no uapeneiou of the Constitutional forms
prescribed for arrest, and tht Congress has no power, ex
press or implied, to puapeud any othar guarantee of civil
liberty provided in the Constitution besides those secured
by the writ alone. Notwithstanding this, the late act b&s
strode ot-r some of the moat important gaardi of civil lib
erty, na if an express power had been conferred on Con
gress to suspend tbem likewnn. This, while by paragraph
3, act 9, it ia allowed Congress to suspend tha privileges of
the writ of habeas corf us in the emergencies mentioned,
it is by the Bame section, paragraph 15, ia tne most em
pbitio terms, declared that "No warrant shall issue
bat upon probable cause, supported by oath or affirmation,
and particularly describing the person to bs s?iZ9d." And
by paragraph Itt, that "no person shall ba deprived of his
liberty without daa process of law" that is, "law in its
regular course of adminia ra'ion, through courts of jus
tice." (I Kent's Com. free. 24, paragraphs 18 14 ) The
beginning of this due process is first the charge on oa'h,
and the next step is the wnrrant describing the person to
be eeized. The third ia the arrest, and until thij takes
place the habeas corpus has no status, and cannot possibly
nave any. At this point tne writ springs into oeing ii not
denied, end a3 here only it aid can bo sought for the first
time; so here for tho Q-et time can its privilege be derived.
Yet the act involves wi h its suspension a auspension of ihe
distinct and independent provisions which guard tho citi
zen against a false charge and the dangers or a general
warrant.
In mv iudament Congress had the Eamft power to en
pead every other guud of civil liberty to be found in the
constitution the same to dennvs tne citizen oi tne goarau
tv that he should not be held to answer for a capital crime
unless on presentment or indictment of a grand jury thai
ho should rot ba compelled to be a witneaa agakst nimseH
that ha should have the light to a speedy and public trial
uy an impanmi jarj, iiuu a inai ju iuc uiviwi iu nmtu
the crime shall have been commuted.
The writ of habeas corpus ia peculiar to the Enlisn peo
pie and ourselves. Asid a complete dindtration of tbe op
eration of a suspension .of its privileges will be seen bj
6unposinar that it had no existence here. In tuch case no
provision would have been found tor its euspensi ju. .tsat
the clause reauirine a charge ol crime to bo made on oath
and warrant to describe the person to be sc-izsd would
nave bsen rot. obit verv proper, but tne more necessary
to be inserted. Theao could not have been legally disturb-.
ed by Congress, and any legislation dwpanamg with ta;:-m
had been mf re usurpation aud void.
Such ia the general view 1 hav3 taken oi the act as it is
supposed to relate to crimes. But the statute is construed
to reach caees involving no off'once whatever, legal or
rmral ; and though there is Eome difference oi opinion up
on the question iwhether paragraph 5 of sec. 1 embraces
the caso or a cit'zen not liable to military duty, who neih
er flies nor resists, but simply appeals or tries to appeal
to the conatitaticnal repositors of the law f jr a decision
upon his rights ; yet there is too much reason to believe
that the language is susceptible of the interpretation that
it. dees include pnea persons ; and such is the interpreta
tion put upon it ry he military authorities. And cs the
suspension was askek by the PresUent, it is 5ut j ust to in
fer that it was drawn to euit Mm, and his exposition car
ries the in'ended meaning of the paragraph.
lam unable to se'' any reason consistent with the princi
ples of a free and civil zed gevtrament provided with a
judiciary as a great and iadependent branch of its compo
sition for uspendinz the habeas corpus in caae which iu
volve no evasion or st'empt to evade military pervice that
is dua, but which merely aks when honest opinions differ
to have the point settled by those tribaaal which settle all
mattera of controversy between citizen and citizsn, and &'
citizen and his government. Jf a citizen owe not any mili
tary service to the government, he i aa ss much right to
refuse to render it, whan wrongfully claimed of him, as he
has to refuse to pay a debt to the government wrongfully
cUimed of him; snd if in both caseB he stands fait iy up and
submits to an investigation of the question before those
tribunals learned in sucn matters and appointed because of
their fitness and ekill, it would be just aa reasonable to
suspend the writ in the alleged debt of money aa in the
case of the alleged debt of Bervice. This course might,
and likely would, hasten the payment of a debt just or un
just, and so it may perve to put men in the army exempt
by the laws of tbe land.
There is no Iratance of a eupersion t any time of he
writ, or fho privileges of the writ, if there be any difler
erce between them, for any other cause, either in En
gland or.America. Many suspensions of the privileges of the
writ occurred in Englatd between the passage of the ha
beas corpus act end tbe Revolution, tunning through a pe
riod of almost a century, and they all empowered tlie King
ether to apprehend and detain, or to secure and dt lain
tcilhout bail, such persons aa are sutpected cf conspiracy
against the King and his government.
There was a British act in 1777, which denied the writ to
"persons taken in the act of high treason, committed ia any
ottho colonies, or on the high seas or in the act of piracy,
or who were charged with or suspected of any of these
crimes." (Hard 132.)
The other suspensions in England after cur revolution
commenced in 1794, aud continued at interval till 1302,
duiirg the storms of the French Eevo'a ion. Th?y are of
the same character as those before, and affected those on
ly who were chargsd with conspiring againstt King, and
hi government. The s ispensioti dnnn? Shay's rebellion
expended to crime or suspected crime. The a't?mpted sus
pension in 1S'37 was confined to persona charged " with
treason or other high crimsa or mlsderneanor. endangering
the peace, safety or neutrality of tbe United S- atea." Ttie
idea cannot be entertained for a moment that the power of
suspending the writ was granted lor any such purpose aa
that of depriving a citizen of the privilege of a legal
eDouiry into Lis obligation to pertom military ser
vice, in order to fill the army with soldiers.
It Buch "a power exist the sovertoenty of the States
is at the mercy of the Confederate Government.
Where liea tbe relief against the conscription of the entire
body of State oflicers 'i By this act it is deposited wi h the
President alone ! Ilia officers alone can give the discha ge
Confederate efficers chosen without even the consent of
the Senate, and removed at will The appropriate tribu
nals are entirely overlook fd : the State Judges are thrust
aside -without ceremony, und even the Confederate Judge,
who holds his ..flies durir good behaviour is ignored, and
in tbir room is plced an effier win lives on tho brta'h ol
the Confedarrve Ks- cutive. If the State ffieeis a e not
put into the army unde." euch power in the xooutive, it is
because the incumbent does not will it; and when the
rights of the Stat) EtH ex'st by snch a courtesy, thev
wwi cease to have, any xisteccat ail. 1 1 is hard to dl
vine a sufficient reason for displacing the civil tribu:val&
already established, and fuostituticg others fo dependent
upon the Executive for their existence. The assurance of
pnb'ic men, that tho power will not be abused, can never
remove the fears of freemen, who rIy only upon written
Constitutions to protect their hbertiea. History is too !uJ
of wrong to a'low them to forget for a moment that eternal
vigilance is the price of freedom.
It ia manifest that fie act coatrnjplates that the militaiy
sba'lbe invested with faii powers to arrest any person.
who may be tnspected of any of tho vague and ill-deferred
charges mentioned ; and such is the interpretation put oc
it by ti e general orders of Adjutant General Cooper, thus
suspending the civil authorities throughout the land, an 1 it
i eqiaily e'e.r that it a.lao contemplates tbat the order of
the President for arresting or detaining, citizens eha-11 be
a general o-der to arrest and detain all such aa may come
within th? category of enspected peisonf. wi hont ramrn
or describing the individual and each mi.itary office who
may be depu'ed for that purpose will ba invesed with a
perfect r.iscte'inn over the liberty of every citizsa in the
land. In suhtarc3 and effect the President ia intended to
bo empowered wrh an hority to fill the land with military
deputies who msy Ee'zs auy citizen without warrant or
oath of probable canse. under a general warrant from the
1 resident to arrest aii cuspecied persons bnen a warrant
is witlu nt precedent in England f ur the last hundred years
and during the ent're century past bas been foroiddon, de
nounced, and declared void.
In my judgment the President ia vested by the Confed
erate Constitution with n pirt of tbe judicial authority,
except in cases arising iu the land and naval forces, or in
the mi.itia, when ia actual service, under his orders. If
he is vested with a particle of civil judicial jurisdiction
where is tha grant or it, and how far does it extend ? li
he has the power- to issue a warrant for the arrest of a
civilian suspected of violating a law of the Corfederate
Ktatea , he may make it returnable and examinable before
himself, and order a cischa'ge or require a bail. It iscer
tarn that the mere suspension of the writ of habeas corpus
does not invesuhe President with the powera of a civil
jndicial magistrate, aud if it could have that eflf ct itcoald
not give him an authority while discharging his jadicial
jurisdiction to lay aside the restraints imposed upon the
other judges.
This cenrse adopted by the adrnin istratlon of allowing
the wiit of habeas corpus to issue, and of forthwith check
ing the action of the judge pnd suspending allcla farther
piticeedinga ad hbitim, to await the reports of military
efficerg having custody of "the petitioner to their sup. riors,
and finally subjecting the caA to the decision of the war
department in derogation of civil authority, is humiliating
to the indspcndent character of the judiciary, aad tends
to the great danger of liberty, to familiarize the people
with a military supremacy.
It most be remembered, however, th t these are merely
my opiaiors. The Supreme Conrt, which alone baa the
power o decide noon tne constitutionality cf the law, hag
not yet spoken. Whan it, doB speak we mist give heed to
ifa iniflii. sr iotjsr as Ihe law rpmainH rn nnr fititttte hooka.
Bat whether for "constitutiinal reasoi.s or reasons of mere
policy, ti e propl". fcav-: a right to demand tbe repeal of
any ebnexions law. On both grounds I recommend that
you urg? Congress to repeal the act suspending ihe privi
lege of habeas corpus : or, should you concur in tbe jaJg
DQ'Ut cf Congrrf-s. tha7 a suspeaEion isreq iired by the ex
igencies ef tt e tiKKB that it should at least be mdifi?d
a'id fc'rippedof i s ucc mst'.tu'.ional or (at least) obnoxious
features.
My opi-i in on this f ubj ct io wen koon. la the first
message I had the honor to seiid to your body, ia 18b2
epeaiDg of ih then exisir..g act authorizing a suipecsionof
the writ. I Ueed the following .'at guage : -1 have not seen
&n efficial ccpy ot ihe act, but leum from the newspaper
ht Crijgrers Las conferred upon the President ihe power
to 6Ur.eDd the writ of hab.as cjipus iu i-Al c?o' s of arre-ta
nude by i onledtra'e au'horit . it tins be ome admitted
no man is ?aie lroni the power of me individual, lie cou'd
at pleasure alz-auy e i.izou ol the estate, with or withcu
excuf-o, !hro him into prison unJ permit h'm to lauguish
there without rejiiii poer tf-at 1 am uaw.llirg to see
entrusted to any living man. To submit, to its exercise
would iu my opii .on. be establishing a pieceden. dauger
ous aiid pernicious in th ? c-x renn ,'! c
'Ihere ia nothiug ot this 1 am.d?si: ous of taking away or
adding to. My earEert rem rusfracce agaiust the paesage
ot the present act is hei-ew th tiaiirmitied, tcgetber wi:h
diverw other letters to the Confederate authorities in rela
tion to tho execution of ti e civil laws, rights o. the people
Ac, and wh ch wid corivln .re you, I trust, that 1 have bseu
eq rally zrauus to gusrd against lh) iuaer as wall as the
out6r dangers which threa ea as.
Many recurring d ackers of periuus cot fi:?.t with tha Con
federate G.iverr:iueiitt especially in reUtion lo the Sv'iz ire
ot principals f tubsti1 new al'er discharge by a judge,
have bean upon wo since your session. Tney were iortun-
ateiy avo d .-d how. vr ; bat their sclaiiou would have been
aay could I but have had the asfeist-nce of the :-urp'eme
Coa-t. 1 greatly regret that joudid cot tee proper to
comply with my recommendation, whn jou were last iu
Btssjj, to auinoiizj ecme ons to convene that b dy in
cases cf great importance, a-d whiih admit, of ao delay.
1 can but. repeat it cow, for maoy obvious ieisr,u.
Nor have I, amtd ail the embarram-;n:s and perplexi
ties of the bitaatiun. beer, uni.iridfa! of the great ol-j?ct oi
all our blood ai.d sufl-.Ting peace, or neglectful of a'l
proper and honorable etturts to obtain it kuowicg the
great debire ot our prop;e to Have tho p-.ecious blud ot
s heir children, if by any possibility aa opening might be
found for tne &ia temtn to f-ui ercede tae soldier, I ap
proached the Prei jeut ou the first opportunity presented
by the cessation of hostilities last wiuts , and urged hrm
to appoint commsioners and try y?hat m;ght be cone by
negotiations. 1 hud li;t!e hope, indeed, ot ih e comm:a
eiouera bti g received by ths go vert men t oi our onmy,
but I thought it our dat , fcr humanity's sake to mke tne
elf lit and io conniver our i vu euiliricg people tut their
government was tender of xh-A iivca ard prcper'y arid
happiu'.tis.
ftiy letter to tho Presil-jnt lit D.?cetn'jer and his reply
are sent herewith f.jr yoar ia!.. rautioa-
i Atepectiu.-iy recoitmiend that yea, as the ripn-aeuta-t.vjol
tho pco..!ef A.ntu Carolina, Bhould "iay dj.vn
what you woo d cocsider fnir basis ot peace, and cull upon
our Ueorebe itative's ia Co gress, and Uioie to whtia h
com mi ted the power cf mak-cg treaties, by the Oonstitu
tijn, to negi-ct tj fit,-lug opportunity o: oflering tnch to
the ei,emy. i'iiea? te rns ia ay judgment shoatd ho noth
ing les than th independence or thoae .-tatoi, whose doa
tiuks hiivo been fairly unit-: 4. with iha Confederacy by the
voice of their people; and t; privi-ege oi a free choico to
thoso which have been couniderci d.-ubtful.
I picsume ttiat ro honorable man or p.4triot could think
of any thing less than Jn.jepender.C3. Lec3 would be eub
sul jagaiiou, ruiu-.;us and dishonorable. Nob dy at the
North thinha of reconstrcefion, simply becacseit is impoa
Bible. With a coasnfu ion torn into shreds wito slavery
abolished, with our property confJ 'cated and oufoelvea and
cur children reduoe l to 1 ccgary, our slaves pat ia posses
sion ot our lanl?, and icycotL-d with equal rglits, soci 1 and
political, and a groat gulf yawning be'.weea tha North and
South, tilind with the Llood f onr mardered tons, and its
wavea laaen wi h tho tit ci? is of onr ruined homes how can
there be any rc; orstnie'-ion v,;t i the su-.hos of thesa evils,
or how can it be de&irubie if it were poasibl ? Lincoln
ftimse f says it ia not pcsa'ule ro does Mr. Fillmore, a mm
whom once respected, and eo do niue-'enths t f their
oraiora r.nd preKSCB. The or, y terma ever offered as con
tained io Mr. Lincoln's pifam. ua proclama'iou we;e alike
degrading in mat'erand icbuliirg in manner, bei."g ad
dressed not to Vxo: authoru, Coaiederaie or riiate, oi the
Sooth, but to irdividuala, v-Lo bv the very act of accept
ing it texnu tvtn.d hear from thernelvtja tho vi est of man
kind. I Ciincot too earnestly vra:a you gentlemen, and the
country, against the great dancer cf thone insidious at
teiuaiu of tr eceniy to tedncv: our peopls into trectifig
with him iv peaco, individually or bT the formation or
spuiious States or parts f htatos. Jndr ed I might add
tliat I look upon any at' rnptsto treat for peace, other
thaa though tne regular channels provided by our constitu
tion, so long as our government is maintained, aa almof-t
equally danger as. It is th real pc.il of he Lc-ur. The 'org
continuance and bloody character of the w ar. have S" ex
hausted t'.e pacienco of o-r vh;icrirg people that many of
them are ia a cordi'i :n to li.ju-n eagerly to terms of pea'-e.
witnout c;ul? co'tsi lering what ti etesait? would be, or
ho they are to be ; cqui e-J. Aa example of thia t real; dan
ger is tu be found in th? attempt of tin? ii. it ieht ministry in
1778 to .educe tin loyalty of cur fore fathers from the oaatie
of independence, by eeudiug peace commissioners to the
colonies with tho proportions containea iu Lord North's
' conciliating bills." lh'se bil'-a proposed to aboliBh all
taxation what jver upon the coioi.ic, except ht might be
necessary tor 'he convenience of c 'luaietcs the nett pro
ceeds of which were toggle the ubo of the colonies, to
suspend the operati n ; of all i 'b'ioxions statutes ia rtfi r
ence to said colonicd pasptd fciLce 17v3, and au hoi ized
those commissi nsrs to pardon ail ene.i ptrsor a un th y
saw proper and to treat with "thecxis icg govetntnenis
or itidivwua's." Here aim ot all the principal matters of
dipu t'S were cori3".de-i but our fathers had an organized
government a:;d had hoc their lieai is on icdepenJeiice. let
the tcitna ctlered were sd lair, that but for the tirmaess and
wisdom of the groat a:;d good George Vv ash iug ton, and the
utflinohing patriotism of Ccnsrma. the fate of this oonti
ne Jt niit ht have ben caaogtd ; eo great was th weari
m;s of the people and so clo my were the prospects. 1 he
danger of al owm commissi inera to addicsa themselves
to anybody tut Congress was ho great v.s well as sack a
vioiattoa of the laws of w traud in'cmational couitesy,
that that body, .!t?r piromptly lejctm the propositions
and declaring that "tho ony :-olid proot" of a disposition
on the part of tha crow i to make a i honorable peaco w i h
the oolouies, "would b3 aa exp icit t;ckuowk'gc-m.3nt o;
ihe injependence of these St-Ues, or the withdrawal' cf the
fliet3 ani armies" went cn s deranly to declare the me as
ure "to be contrary to tho law of f-ationet, aod utterly sub
versive of that confidence wh;ch coul 1 alone maiu:..in those
means which h id ben invented to alleviite the horrors of
war: and that, thertfoie. the persons employed to distri
bute such papers wtre not enlitbd to the protection of a
Jlaj'
General Washington was so as'oalshjd end i.-i dig
naut, that oa i s li.&t appearkg, he was .induced to
regard it aa a forgery, aod i'i a letter to tho Pretident of
Congress, ho msed the fodowiag language, remnkablo
for iis severity, coming irom htm: "The en
closed dratt of a bid was brought to Ileadqaartcrs yeeter
day a tetnoon by a gt-nilenta-.. who ndoimed me that a
large cargo of them had jaat bc-en sei.t out of Pkiisdalpb'a.
Whetksr this iniiJh.u x prvceedi'g is roculne acd imported
of their burning homes, with hords of armed slaves thirsting to
complete the demoniac work of wasting r.nd destroying, and
panting to bow alt in the furrows of the plowshare of desolation,
as it runs over our razed cities, and in whose marcn forms ot law,
constitutions, free governments, life, home, property, all go down
to ri?e no more, till God shall plant In the besoms of a now gen
eration the principles of liberty and love of peace, which this, in
its madness, has cast oft".
In addition to tho many brilliant victories which have crowned
our arm? this spring in all parts of- tho Confederacy, I have the
sincere pleasure to congratulate you upon the very splendid suc
cess of the oreuing of the campaign in our Sate, resulting in the
re-capture of the towns of Plymouth and Washington, nn.1 the
rescue of a considerable portion of our territory from the enemy.
This is tha more gratifying because it was accomplished hy
troops tinder the eommand of two distinguished son of X. Caro
lina, Brigadier, now Maj. Gen. Iloke commanding tha land for
ce?, and Commander Cooke, with the eteam rata Albemarle. I
doubt cot but that you wi l pee the propriety of rendering suita
ble thanks to these gartlant oflicers and the brave officers and men
under their commands for the conspicuous heroism which his
been rewarded by such splendid results. We cordially and glad
ly welcome back our fellow-citizens of thrt region, thus rencuei
from the enemy, to the embraces of their mother Slate, aud thank
them ffr their s'eidfast adherence to our caue under the tyran
ny aud oppression of our foe. Indeed, it i. gratifying to observe
the very great loyalty and patriotism of that whole portion cf
our ttate within or contiguous. to the enemy's liuca which bas
been alike subjugated to his blandishments and his ravages. May
the day speedily come when our jurisdiction shall again extend
to tho sands ot the Atlantic
fcveril other matters which I deem it unnecessary tr mwift-
will tlirust themselves upon your attention.
In icgard to financial matters, the interesting report of the TuTi
lic Trtasarer is so fu'l and complete that I am content merely to
refer you to it, confident that i could not improve upon auy of
his 3'Jtrgestions, which I, in tho main endorse.
The"poor, especial'y the indigent families cf our soldiers, still
dcr.aud our care. It is justly conceded that when they are not
able to support themselves the State should support them in the
absence of their natural pjrotectors. I cannot, however, mako
any- specific recommendation for their further relief, but should
any ptun occur to your superior wisdom, 1 doubt not but yon
will tromptly act upon it. It will be very difficult for many of
them to struggle thiough till harvest, especially In some of the
counties of tin' west, which have been preyed uponaliko by friend
and fie.
Trustm? that harmony will prevail in your counsels, and that
much good may, under God, result to tho country therefrom, I
cloe my message with an expression of readiness to co operate
.i . . i l : . i . . ....... i". : .i r.r ,v. 1..
vuil you biiuu iu it no 111 my poei in lue eAt?t-uwun v. iliu u-
borsdevohinir upon you. Z li. VANCE.
Exlcctive Department, May 17th, 1SC4.
TKLElxIlAPHIC
H pom of the Press AusocIhOou.
have reconnoiterr d tte entire river, and an officer i
arnvpd rrf I a If
.v. uau uu tjuui ugu, ioia nif: that ,m jr.j
tested the river everywhere and r;o ?pot L'H iu. ,,,,,, ,
that was fo rlablu.
1 cuir, jrtut r&i, ii rie (iiii, 8a d l' or'Cfel
told Ijou a d dli, as 1 tirn rc; .!y to swe-ar V
wad.-d the river not had no l ur e.(, .t d riv-
w.v.u.,vC no il), alu towtniiiHncii.afl it
tirj ia-o. it is h-fib tiui.: jon 6Kci:H h. uffri".
you tfcke my ndvice and make vtur cs.-an
iM , wi.B ut re( ly, it i.i too l
. I tit. rn r,,. . ... ... i
JL II",.. Ulii. IlllUtfl IU llllil'
have a fin r-'giment ol env
rnispioit (! 'a'ie it w . (Jr
cfl "
(Jc-n. Ilnckner ncthkd Iiis J,e;d, v.hen
cut ed fix. bf.u?e nn i (; t k Lis t-.-n.m.u d, ch..-m,
river at il.c U on said plaoc ti.d tna.- li s w
' .0
t I
wi t
S L'f t.
AV:.t
to.
. Sa:l I- ( it i. :
; ly h ie, m-U I v unt ', c
ui me lms u.tnU n d i
GUI ' t:i li-i-B Ol U.ar
Sn stoi V lt;.'ll hi ii
More itt'ii. uf!KAX-A
11 . f
V ri. m a U.CCUtrKU !tl the 1 Of-.feUi.ra'.':
i ':!.-.. i
tV. I. li (
varie U3 n"Ci;ci,r s cf f ;
.t: ; .
')u-
'1
Knterpj ao'-orairg to the Ac, of CongroP3.. in the e.ir 18fi3
by J. s. Tnaisusa. in tl e C ierk's (ffioe of th District
Cou't the CV-ufedsr.it.- States for tha Northein Diatric
of Ge 'rl3.
FROVL I.IGFIMOND.
r-icnsiOND, May 20tb, 1-04.
The br'cgo ever tho fctanton P.iver on the Danville Kai!
Cos J hat been repv'red.
The Piedmont Pail -Bo ad, connecting Danville with
Grce-rs'voro', l:ar b'.-eu completed. Train will commence
to raa tl rorgh to-morrow.
FitOSI PETERSBURG, ic
Bicasio'M, May 20Sh, 1SG1.
Tho'Pctcrelurg Fxprees, cf ye-ter-'p.y, ?ajs that General
Atao. r-aa killed in the light of Mondy at Chesteifiold ;
B..ldy f?inith loat a foot.
Bailor reinaiaed on board the steamer Greyhound with
stem up daring the fight.
Tho Washington corre pondent of the "ew irork News,
of the lltb, 3a tlie simple 'rath is, wo have yet gained no
victory; 1 avo ruKeted tcrible in loss of killed ard wounded.
for Begir
CO ii FEDEB ATE CO r G KES
Bicdhond, L'ay 20:h, IFGl.
r.a4 pss d tho lie Ufa bid aa'horizirg CompanifB
;eeta"c.f. f'svalry. Also Senate bill providirg for
the appoin'meut of General Officers instead of assignment
by tLePie;ident to the coa:mand of uny iorcea, distn'cts,
or departm -iita ; but t-aid offuara are to resuaie their
original rank at the will cf the President.
Ia the Iioufce Tdr. Bives delivered an argument ia'pupport
of tha Buspcrsion of the writ of itabeas corpus.
TLe gal tries uud aisle were crowded by Senators, Ja
diea and others- Mr. Baldwin continued the debate on the
other B:do.
FBOM GttOBGIA.
Atlanta, May 20th, 18 "4.
A prc'oS reporter who left Cass Station last night, brings
in'elliscnca cf heavy elrirmishisg near that place, which
continued until rdzht. Ou? loss was comparatively small.
Clcb erne's Diyision hs'd the enemy in check. .
lie-port pajs fighting Joe Hooker waa k;llcJ and hi3 body
fell into cur h ends.
Gen. Johnstn iasned his battle order yps"crdiy, telling
his troops that onr communication with the rear was row
Bafe, and aekod them to imitate their brothers in Virginia
and the trans-Mississippi. This was read with the wildest
enthusiasm.
Onr forces are in lino of battle jist beyond the Etawah
Bivcr, with the left reating oa the stream.
Lateh. The train arrived this evening brinr;irg no ad.
dilional news or reports of fighting.
f;h iitunt, iho nun;!, i
(tin .tru-sa lavin-.' ban c llid info q-r'i.,-! iy .Mr
nt ut:. Carolina, Mr. Wk-l.iii, ct 'I t-x-i?, ;.. r. ,'.
iu t u . rrpia ti s:?. ic.-uo :
Mr. Wiclaii ic-pciided at 6'. me leii-th. If.- '.;.ark ,1
God 'hot be had intrcduced the ' Coi.s-jrip; ion A'1' '
ami ti:at it i oil i.e.-n ptis.d. Tie Leliev. d ,
mti:wi; lo:d s,.wd IlifhruoLd. He hid no tbv. i ( f
co .st it a-iot ali-j, ar.d at He proper time wet) d m .
st rate V b jo .1 c .vii, or idlow tha Secalcr to ep ,r
kis face a: u cUi 1 im -a horse. lit- fsd Ueo f-hoelad :
reading tbe lectnt sj,ccch ct tha Vice Pnii-lcnt iu "
gard to the i-ospai.-icn cf the writ cl hahtaa co.- u
but was not i-urprit-cd ct the vii-wa ire. ntcd. -.
(tbe V. i ) belonged to a party that Lever did -iv.
stand He ( onbtitutirn. aNcsutor, ete, t'uc
tiona should be Kfc t0 the old SraicV UUh:s m
understood 4htm. The infuDce to be tit awn lau h
vie 8 at those to wblc'i he refem-d, waa that ut r "
cestcrs were incontinent asse?, who o.dy vcut to v; ,
to tstablidh a government which would Ia,i elu:ir .' ;.
era ot peace. Strong gove rnni. ni3 were the b -During
the La'niy class of lt;r:ic, when liocrty wa
highly priz e), thi-y Lad a f-Lorg- poverLmtu't wlnv. "L
public interests caihd fur it, txtd ro o-.e ever onai,..,;
cf m:u a thing as the subveision cl iibcrty. Tl.. (v i
no danger ia a strong govtrnnieat. A weak g( .i.
ment leads to acarcby, und ararcliy leads i:.tvi:a!j!y ;,.
despotism. It is as ubEidately ccce?sary that a rev
ernment ehould have power lo protect it:i life as ii
for an individual to proteclbia 1 L'. Mr. W. cua'Lui 1 to
discuss tbe habeas corpus q-.icaticn.
TH3 FKNALTY OF iJABB.i:iMG I)B3KnTlilt3. A? Ll V
pernors are not rware of t' e pen ally l.iid djw.i ler 1. r
boring deserters from the (Jouibjera'.c scrvicv, ino 1
lo.irg scctio.i passed by the last (Jangrts., ij paid
ed for ge ocral information :
44 The Congress ol the Confederate S'.hUs cf A-m ric.
do enact, 'i'tat every person not tu! j ct to im: k.;
and articles or war, who shall procure cr entice a ;o -dier,
or person enrolled for service, ia the army ::.
Confed-. rate States, to desert, or who shall ai 1 or i i--.,
any deserter frcm tLe aiuiy, or any person r;.i . :
for service to evade their proper com m ar.d tti, or t .
prevent their arrest to be returned to LLe pciv.c, r.
who ehall knowingly ccnc.al or hurtuor ar y t-u. h ,i .
serters, or sh-ill purchase Irom nny soldier cr per.se:: i -rolled
(or service any portion of his arms, itptp mi .
rations, er clothing, or any property belonging to il
Confederate States, cr any cllicer or so.di.'r v- ii;
Confederate States, t hall, upon conviction before H;
District Court of the Confederate S'ut a huvLg j or.:
diction cf the efil cc, be fined rot exceed! tig ci:e ti.O'i
tand dollars, and be imprisoned not exc eding tv;
yeais."
in the pockets, or contrived bi Pai'.&de'phia. it a ooiut on
determinsd and i;i:maer;al ; hue it i certain y founded in
priucpl-'s of the jn ht wicked, diabodcai baeeucbs, i..nd
meant to poison tho niitd cf Uie people, and detach tie
wavering at least from our came." AuJ aam ; " 'the ne
cessity or (u'ting the army ou a respectable footing, both
as to enmbers aud Cooetrntion, i now bocoan riicre es
sential than ev-r. The ft tiny aie btginring to play a game
more dangerous th.:i tiieir e Cor is by am a (though thece
wiil not be Tf-nut'ed ir. tho ni-.;lieat degree.) whicu threat
en? a fatal blow to thj inr:epcndence of A'ntiica, and of
course to her 1 bertiea. They are eniieaxorihg to ensnare
ihe peop e by specious aUureintttis of peucn. li 13 not iai
prooabie 'hey Lav. hod tu. h abu 'dau". cause to be tired
of the war, tha they may be .-iucere in the te-rit h which
they iff r, wbtch, thougu tar short of onr preteo-sioai, will
be extremely ll..urmq to m-nca that a not ptetiate far
into poltt'cal coLhe qu-rcci ; but whether tliry arc emcere
or not, ti-t-y nuy no tptai- olc-!'ruoviTt-; Lr to dibcem
ing men iiuihmg "r.n b tn.-re ii-e t ih that a pa&ce on
the p-i; cifiiea of dependeme hma-.ver limited after tohat
Las hapjiiJiied, would be to the la-t drgree aishonurable and
ruinous.
It is doubtful whether nany of our frur. Js uiiglit not incline- to
an accommodation ou the grounds held out, or which my Lo,
rather than pen-evt-re in the conte-st for iiide-pc-iidence.
It thia is the case it must Burely be tb tru.si poiiey to strength
en the army, a-ij place it upon a substantial le-otin. This will
conduce lo :r spire the country with comicrence ; and
ifa treaty should bo dt-emjU expedient, will put it in their pow
er to ins st upon belter terms tii.ui IhtTy couM Mhei wise expect.'"
By such timely c-unBtl did the grtut WachiULto.o tusiaiu the
cause of irtlipctde?ice buoying ujj the hope- ot' our anceniors
and laboring to meet tho.-e int-liiu attefipts of the Britieh to
decoy themlnto the dangers of seeking j e,i"f-e by irregular and u
volttionary methods. Ai-'ain, in a oilier ic-Uer lo tho a tme per
son, he says : "It seems io mc nothing short of independence can
possibly uo. The injaries wo have received from Britain can
never dc forgotten, ana a peace upon o.hcr 'cru-.a wonio be tbe
source of ptrpetuat J'cuds and aramo.-ity." The civilized world,
wherever liberty is worshipped, bao wan one voice tha-iked God
lor the gi;t ol Washington ihoflid we, Ids countrymen recin
ients of tbe blessings ol' u s wis 'om aud valor relate to heed Lis
warui nr voice
h'traniro as it may feem, thesa " "peclous allurements cf peace."
described and denouncd t.y Geu. usbin'ton, have not beenpiC
sentad by the enemy. We are trying- to delude ourselvc?. Bo
great is tbe hostility, and so furious the fanaticism of the domi
nant party at tho Rorit, that they have not evenoll'erei us terms
that could be regarded by the most timid and wavering as l'al
luiintr." Lincoln's proclamation i sogros-ly outrageous and no
repugnant to our every idea of liberty, property and honor, as to
insure the rejection ot the terms it hoids out, while it adds weight
and gives a tone of authority to the oft repeated insertions of
their public men and presses, that they want no compromise, but
w.ll only te content with our subjugation. It' our enemy were
really willing', under any circumstances, to compromise with us
upon any K-rms snort oi our absolute submission, they would cer
tainly say so, and that to tbote whom they know to be authorized
to entertain their propositions. Tho insidious attempt to invoke
separate, indivtdua! and ttat action, proves this conclusively,
and can have no other intention than to plunge ua into civil war
tmd to subjugate U3 beyond redemption llow strange, then, to
think, as some of our people honestly do, that the very plan pro
posed by the enemy for our destruction, ia the best wiy to secure
a speedy and honorable peicel I respectfully submit that my
plan, b.uiei ou the wisdom and patriotism of Washington, and
the universal teaching of history to btreugthea and sustain tho
army, and negotiate through the proper ciiaudels h3 the safe and
better one.
It seems to me that the true, safe and conservative path through
all our troubles, lies in guarding alike against the oestruction of
law and liberty on tbe cue band, and the impatience of the people
under the burdens of wur, on tbe other, while with both ban-Is.
and with ail our strength, and hearts afid bouoj we uphold ana
nii.lntaia tha-e, who, eveu as I write, ard battling and bleeding
for the rights and independence of their country. I confess I am
not of those who seem to think the greatest danger to our rights
and liberties is f;om oUr own people and our own government,'
Whilo struggling to resist tbe invisible tendencies of revolution
to destroy civil lreedom at home, I cannot forget that tna danger
from without threatens the destruction of everything, that there
comes from the North n. rank and bh xiy despotism, fierce and
iaaaUcaJ, gory Tilth e'r people's blod & blackened, by Uiesaofca
BAKES .AGAIN.
Clinton, I a., Hay lSlh,
via Mobile, May 20th, 1SC1.
The Eferrphia Bulletin of the 13th, announces that Bank8
haa been superceded by STsj G.n. Carrey.
fom the TrtANd-Mississippi..
M EKsnrAN, May 20, 1S64.
Little Eock papers of the 31 inst. announce the return cf
Steele and his srmy to that place, followed by Price.
Thayer joined Steele at Arkadclphia. The enemv is forli
fyiuc at i-irtle flock and l ine uian. mrdcnan ia ii our
pcsbCtsior;.
Ltiiriimlrr cf Fort JDoinlinc.
A corn-ppr ndent of ib.3 Appeal perpetrates the fol
lowing re'.riniseenccr:
"I see tic enemy Lave failed to d'shcue Forrest from
West Tennessee and Kentucky yc-t, notwithstanding
beir boasts, and the fact that reinforcements have been
sent them from Chattanooga. Forrest ia too raueh
for them. lie is the hardest nut they have cracked at
yet. By the way, speaking of thia gallant officer, I
have heard an interesting account of tbe capture of
Fort Do-nelson, in which Le figured prominently, and
which, if true, enti'les him to great credit for hia dar
ing enterprise and de-ferrnination. My author is a
prominent menber of Congrec-s, who was oae of the
investigatinc; cmraittte-e on the Fort Donelson disas
ter. Although I would by no means give his name,
yet I rib not hesitate to give these unpublished particu
lars, as they ere bound to leak out eeme day or other.
Oa Saturday night before the enrrender, a council
wr.3 cailed. I'illow, Fioyd, Uuckner, and a number
of brigadiers, crmpcfcd this exciting debate for a wbi'e.
Some thought it necessary lo surrender, and eome
d.du't. It was midnight and no d finite understanding
was come to. Gen. Fioyd (-.ecing this, dismissed the
council, requesting Pillow and Baekner to renuiu.-y
The three sat down gloomily by the fire, to pond it over
the ?ad osoect of effdirs. A long silence ensued. At
ks'i FIod said :'
" Weii, Tcntiemen, it rcm-vo? wi'h ui 4o djcld-j this
matter, an 1 w?. m let do it ut oo je.
It is now miduight, and if w rctre i havj n it
a moment to lose."
" I fay retreat," said Pillow .
'I say surrender 1 We have shed enough L'ojd al
ready to no purpos?," said Buckner.
"Well, gentlemen ," said Fioyd, " I eee yen are stil
divided, ard n?. I l ave th ' casting vote, I will settle the
matte r at oner. I favor a Burrend t invsclf, provide
the duty d e not th-v elve upon me. I can't surrender
beeau32 the UniteJ States iOverr,inent have indicted
me for treason, and the probability ii that it they were
to get tne they woti:d rung m:. So you see the thin"
is imnojsible. I transfer the command to you, Gener
al PldOvV."
"Wd!, General," s dd IMkw, ' I'm ia the suine fix
as yourself. Toe Ya .kee-3 have got me indicted for
shipp'rg guns aod munitions of .war to tbe Confeder
ate Govertirmrit. bo you see I con't eurrende'r either;
they would liati me as quick cs thej would you, and
if v-?n are excu3tible. I tuef-f I am too. rio I transier
mv iii?ht of eommaad to vou, General Backecr."
Geo. Buckner bowed, but said nothing. At that
moment a i o:so wa3 heard without. The door opened
aud a ecurie-r acnoa-ced ra cfheer who desired admit
tance. He woe erdered to show him in, and the next
rnom-ni Co! Ferns', -11 splashed with mud and water,
with high-topped boots aod aa old slouched hat, made
bin nppearanco. lie walked to tbe u.-e place and eeated
himself without soying a word. After a lew moments,
Fioyd said : "Weil, Colone', have you anything im
portant tj c mmunic ite that you come here at this late
hour, or h&s yodr curiosity led you to pay thia visitin?
order to find out what we had decided upon ?" 4,Both,"
replied Fcrrest, drily, then rising from his chair he said :
"Bat is it possible, gentlemen, as I have already beard
whispered this night, that ycu intend to surrender ?"
11 Yes, ' was the reply, "we have just arrived at tbat
conclu.-ion."
" But," ea?d Forrest, "there ia no occasion for it,
genilemeu ; the whole army can eaai'y 'escape without
tte loss o( a man ; not an hour ago 1 crested the river
on my horee where it was cot waist deep. I cro3ed
it going, cn horseback, and waded i coming back.
It is free from Yankee pickets, also, and there ia no
danger to be feared."
yes," but coloael," said Gea.FIoyed. "my scouts,
"TS.o Woilil BJovts."
From tho Counttynnr..
Th mai:cd lices that separate clis.'s nod ru.k-i i.i
Europe, and that (ixij'ed :;bi)ut tho tiraj of tlie ::v u
tionary war even in this country, rj now uu.'i ,;;
amongst as, as witness tbe fol owing corrfFpo'.-.h- .
between Gen. L?e and a private soldier. All tl" ; o
vasf improvement on th-o!d order o.' things. i .
would an European, or even an rfticerc Washh -gic;i'
time, think of it? 'i'he fact iy, Gen. rnsliicgt.) ; w.
a stately don, and usually took good Cire to r-1 v..
proper intervals and distancen, na we think dt hLoiv;,-;.,-some
day, by extracts from his correspoadenc
The followit g corrpspondencj b?twe;n psivate (ici- -vilie
J. Elliot, Co. K, ICih Mississippi regiment. 11 i
ris's brigade, and Gen. It. E. Lee, has been fiuui l -i
us by a member of the regiment :
Gen. Lee Having been lor three ycairf ur.dor -,o:r
leadership, and Lavjng observed wi'h pride and -ration
your Letoic couragc-.your untiring, self pMcriuo;
devotion to our cauae, your unwavering trust ia our
ultimate triumph, and, above all, your p .iter: al ear:
auu Kina soueituue ior tne wtucre ot tnse undrr j r-u:
command, I have teen induced to send thi3 pipe, cii v -ed
with my own band, during the leisure hours of eni;"
life, as a slight fea'imonial of my esteem ar.d ngi.d -
Having been compelled to do the carving rntiiey .i l'
a penknife, it ia but an humble token ; yet 1 feel i;:;.. it -ed
it will be nccentti by you as an eviu.n c cf our high
apprcctatioL ol our distinguiahei commander. Tripl
ing tbat it may serve in seme degree to cheer ycir
moments of care end enliven your hours of leisure, a d
hoping, aho, that ere long ycu wdl bi p rmiitul t.
Bmoke the " pipe of peace " in your Lative laud, rt rac
ed free and happy by ycur noble exti lions, and amo-n'
a grateful people, who will honor and wnetaie yj'.u
name aa loDg as time shall lust.
I remain, with much respect, your devoted folio i-tr,
Granville J. Ef.i.inv.
Headquarters A-rmv JS'oktukrv V. ,
231 March, lb(14. f
Mr. Granville J. Elliott: I am very much obi -ge I
to ycu for the hatcsome pipe you hava sent mc. h i .
beautifully cafved, and my admiration cf'ils ex cww,
is greatly cnhaLCid when I consider your eppruzd e
and implements.
Cordially joining you in your aspiration for p. a-.
and trusting that freedom and happiness may booh i t
restored to your State, and with thaLks lor )our he:
sentiments, I otr, very rrftptctfullr, your r.b.-di-ut rei
vant, J II. E. i,kk.
Ws copy the folio virg article irom the Is a. 2a u
Guardian of tbe 20th April, 16C-1, by request :
GALLAXT UT IILOODLKS ATM.VCIt liV 'ill;.
IlLO'.'KAUlXC. SftUAUuO.Tf,
Shcuid the history of llockadw-ruanir.g oe h.r-ul . r
chronie'ed, or even some cf i'.s moat huza-dou? ioeido '-'
b-? recited, prominent amocg3t them, will certuitdv L,:
the recent .bombaidment of the Lucy by the bleu: 'ja
ding fl.'fct of Wilmington.
Oa the 14th of last month tho Lucy got (nth,,
midway between Lock wood's Foil aid tho bar, and
her vigilaot commander, Capt. Duguid, fiad.'ug. it ua
pos3iole to get her o3, sont her dispatches on shor,-,
which were of great impcrlance to the Govcrnr.i i.t.
By daybreak he nceived orders froa Fott Ca.-w i. to
the t fleet that all hands Lhouid leave th i ve.l, ; - ..i
attack waa to be apprehended fr-jru one or more 'o V j
blockading rquadioo, but before this order could h t
carried out .- Yackce cruiser fired a erslde.'ahi-j nuoi
bcr of shots at her, not one of which struc k her.
Meantime Cel. Jones cf Fort CV.?wt;i i ad col Ir:. r
id'o.. Two enru wrre nl.ippH in r. eitiT-i ir, A-Jt, .1 i' .
Lucy, and immediately opeced fire on the Yanke,,', w!.o
WiiS struck twice, although but fix shots were li.etl a.
him: The last phot struck him ia the biwa, luu i..
at once hauled off dipping to the t quadron and firing
a signal gun
Preparations were at once mala by th? crew a" 3
soldiers from the fort to bale and float th Lucy, v'-ic !
had b?cn purposely fill.d with water to prev..ii u
enemy bom tewing her e.fj. In the coi:ro cf ttie- ul.. r
ncoa eeven vessels advanced to attack the Lucy, ;e -.'
iag their way by the lead and forming ia ii.ie lAuxiil.:.
From five o'clock unril dark they continued t uin
shot OLd ehell at the unarmed and stra: l.d httlc hhr-ir-ade-runner.
The greater proportion cf the crew of t he
Lucy declined to leave- he-, thereby di.-pbyir:g eu:;.j
discretion, a3 hot a sirgle euot and null co-. timed,
and wa3 repeatedly n-pliei to by the cool tors
of the Lucy, with round npou rcud ol LuL
ter. While the bails were whisUing over bead and lin
ing up the becli, ths salon oi bond the Lucy we e
comfortably er.pying their tea, and eucb of thcin v.?.
were on shore bad much amusement ia running uher
tLe spent shot on the bi-ach.
Tne Confederates had tiree gacs in position, ard l-y
the accuracy of their firing admonished the di -creel i.
keep at a resectable distance. Tie noor Lucv m-iA
have been captured or annihilated but for the ururuut
and onergetic action of the efficera tnd poiJur-i of Furt
Caiwell, to whem too Liirh roraifcC eair ot be awarded
for their conduct in this srrio-comic affair. Voinmn-rncated.
CAMP lK lilh lS4t i. C. if ,
Nrab Liberty Mills. VA..Feb. o-h. I f
THE USDfeRHUJMiD resoecttallsF nr.ucunets to tf o
citizens and soldiers or Bladen Couijiv. thit l-e a candi
date for tte ofiiie of Hberifl of Bil (lou--ty, and w euid ho
pleased to receive their tuppoit. If elected na pieoKC-
himself to discharcra tbe dunes of tho omco hra tte- m.; c
fidelity and zeal which he trusts hs characterized him aa
a Boldier.
BENJ. F. KINALDI,
Capt. CO. A, lbth N. C. T.
Uuah 2nd, mi. lUWU-ti
n
X
V
i ;