The press. (Philadelphia [Pa.]) 1857-1880, January 26, 1863, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

THE PRESS,
FTISLISITED DAILY (SUNDAYS lIVINVI'SD,?
UV JOHN W. POHNNIT,
OFVOL Na 111' FOURTH f?THSET
DAILY PRIfISS,
EiaRTSSF CENTS PER Wank, payable to the Carrier.
. ifa u e d to Subscribers out of tho City at KOIFIT DOLLARS
s ANNUL 1017 R DOLLARS FOR SIX MORITA, Two Der.
s: , NR yoR PURRS Hoarse—invariably in advance for tha
hue ordered.
jyr Advert!elements inserted at the liana' rates. Six
'ices c onstitute a square.
TRI—WEEKLY PRESS,
& r a iled to Subscribers out of the City at POOR DOD.
0 0 Poi Amer. In advance.
COMMISSION HOUSGs•
wstaaNG, .& CO.,
• •
. .
220 CIFIEBTNIJT STREET.
Ofer for gale, by the Paokage—
rgINTS, BROWN AND BLEACHED SHEETING S AND
'METING&
DRILLS, CANTON FLANNELS.
OOTTONADES, CORSET JEANS.
SILEBIAS, NANKEENS.
COLORED CAMBEICS, SEAMLESS BAGS.
BLACK DOESKINS AND CIASSIAIEREI3.
'ONION CLOTHS, SATINETS.
?LAID LINSEYS, NEGRO KERSEYS.
KENTUCKY JEANS.
ALSO,
sgI.BLUE KERSEYS, INFANTRY CLOTHS.
ARMY FLANNELS, 10 and 12-ounce DUCK, &c.. &c.
d4-mwf 3m
pHILADELPHIA
" BAG "
MANITPAOTORY.
01.1 Ii L B 4 O S,. OF. ALL SIZES,
• lONVONN. OAT& COFFEE , BONE DONA &a.
SEAMLESS BAGS.
stindara makes, ALL SIZES, for oals'ohesp, for net
~,t s 4 on delivery.
GEO. GRIGG.
Jalo4 *No. Al 9 and 221 CHURCH
003 4 T9'N:YARN.
ItTPERIOR colrot; YARN, NO. 10.
It
FOR ill& BY
PROTHINGITiIiCh WELLES.
as24f
HIPLEY, HAZARD, da
HUTCHINSON,
No. UM CHESTNUT STREET,
COMMISSION MERCHANTS
FOR THE SALE OF
PHILADELPHIA-MADE GOODS.
seNgim
A TIAA.NTIO COTTON MILLS.
SHESTINGS AND SHIRTINGS.
CHARLES AMORY, JR., & CO.,
205 CHURCH ALLEY,
PRILADELPTITA
SEWINd MACHINES.
r TILL
. • • • . • •
AT 'TEES OLD STAND,
ORPSTNIIT STREET,
Second Row. opposite Jayne's Hall,
WHEELER & WILSON
SEWING, MACHINES.
The undersigned has not removed, hut is ready at Ids
)lit (Vice to supply customers, at the lowest prices, with
cery stylo and quality of .
WHEELER & WILSON SEWING MACHINES.
Machines to lire; also, with first-class operators, to
private hotlines and hotels, by the day,
Machine stitching done at short nottce, in any quantity.
Machines repaired and operators taught.
HENRY COY.
SINGER'S
SEWING MACHINES,
For Family Sewing sad Manufacturing Parposse.
810 CHESTNUT STREET.
10 3m
THE WILCOX & GIBBS
FA-11MT
SEWING MACHINES
Save been greatly improved, making it •
ENTIRELY NOISELESS,
and with Self-adjusting Hemmere, are now really for sail
by FAIRBANKS & EWING,
ee27•tf 715 CHESTNUT Street.
CLOTHES-WRINGERS.
WILLIA4 . I YARNALL,
DEALER IN HOUSDFURNISIIIN9 GOODS,
No, 1020 811,ESTNIIT s STREET',
lgaut for Dio ale of HALEY, MORSE, & BOYDEN'S
PATENT &ELF-ADJUSTING
OLOTIDE . S-WRINGER,
Believed to be the best CLOTHES-WRINGER in nee.
It will •wring the largest Bed Quilt ore mallest Hand.
:erchtet drier than can possibly be done by hand, in
:sty much less time.
N. 'B.—A liberal discount will be made to dealers.
CABIN JElf FURNITURE.
( .1 4 1a. BI R NET FURNITURE .AND BIL. D
RABLES. •
'MOORE & CA.MPION,
No. 261 South SECOND Street,
connection with their extensive Cabinet Business, are
matinfacturiag.a , superlor article of
BILLIARD TABLES,
.Itd. have now on hand a full sapply, finished 'With the
iiOORE & CAMPION'S lISIPROVED CUSHIONS, which
tronronounced by all who have need them to be supe
rior to all others,
For the quality and finish of these Tables the Mall.
facturers refer to their numerous patrons throughout
,ho Union, 'who are familiar with the character of their
work. anT3-8m
DRUGS AND CHEMICALS.
`ROBERT SHOEMAKER do :00.,
Northeast. Cornnlortrlg lA ßACS Streets,
AD WHOLESALE DRUGGISTS,
IMPORTERS AND DEALERS
FOREIGN AND DOMESTIC
'WINDOW A'TD PLATE GLASS,
MMTIIPAOTORERS OP
WHITE LW) AND ZINC PAINTS, PETTY, doi
AGENTS. FOR FRS GELBERATRD
FRENCH ZINO PAINTS.
Dealers and commons supplied at
VERY LOW PRIORS POE CASH.
1 , 000 DOZEN .11I0KORY SHIRTS.
GRAY, RED, AND BLUR
FLAIL SHIRTS.
1,000 do.
Sod do ASSORTED FANCY
TRAVELING SHIRTS
LOWPRICED
I WHITE MUSLIN SHIRT&
500 do,
1,000 do. DENIM OVERALLS
IMOD - PAIRS COTTONADR LvrAwori
For solo by
BENNETT, RIIOH,•dt CO..
Jal3-1m . Mann[Waters. 217 CHURCH ALLEY.
Xl7 ARCH STREET.
C. A. VAN HIRK & CO.
Dare on hand a fine assortment of •
CHANDELIERS
AND OTHER
GAS FIXTURES.
Alta, French Bronze Vigares and Ornaments, Porcelain
lad Mica Shades, and a variety of
FANCY GOODS
WHOLESALE AND RETAIL.
Please call and examine goods. del3-17
CAUTION..
The well-earned reputation of
FAIRBANKS' SCALES
IL4 Induced the makers of imperfect balances to offer
4 1elzi as " FAIRBANKS' SCALES," and Purobacerlhimill
`.ssreby, in many instances, been subjected to fraud and
laDobttlaa. Fairbanks' Scales are manufactured only by
tie
original invent Ora, kT. FAIRBANKS & 00., end
"N adapted to every, branch of the business, where a
ioneet and durable Scales le desired,
FAIRBANKS 453 ,EWING,
• General Agents,
talAtt MASONIC HALL, 715 OHISITITIT BT.
S & JAS. CARSTAIRS, NOS.
UR WALNUT and 21 GRANITE Streets.
, ott er f ur eel , the fallowing goods in bond of their own
14,1,portation, - h quarter:l'
'Pgnae and Rochelle Brandies, in pipes,
enitoontanydesy.
Porte, q
• uarters and Octaves.-
J Ito Ports in octaves. •
i tr ioleginchor Ulu, in pipes and three.quarter pipes.
e.:sake Rum, in licke4/18.
e 'Y Rum, in puncheons and barley.,
~srrt. In casks and for tile following, for which we are the sole agents :
CHAIiPAGNE —The celebrated brands of "Gold Lao"
Olorta."
ru tr,t`r & Blftruest Imtsrial French Mustard.
" Olives.
Capers.
',' Carstairs'" pure Salad OIL
Libio for Bale to arrive, 180 casks Marseilles Madeira.
baskets o . llre Oil.
ces% Preach Mustard. "
ru srter caskscasks Baraaady POrt. ',1a141
ZI A CKERE L , 11. EARING, SHAD,
'
Zr • ••
re Ro L la Maw Ma, 1, .3, and 8 Naokerel,l4e-caughl
assorted packages
.ye'r sable, New zastport. Fortune Bay, and H
o g ,
•
Shia
Lubec, Scaled, and No . 1 Herring.
r i bta. novr Mess filiad.l
t e oxas 'Herkimer County °nesse. ase
4t4ra and for sale by hli.tf • MURPHY;is
NO. 146 North WHARFS&
VOL. 6.-NO. 149.
CASSIMERES,
Comprising a large and complete stock of .goods for
MEN'S AND BOYS' WEAR.
THE TRADE SUPPLIED AT IRISABONABLE PRICES
COOPER dr CONARD,
iRM E. B. CORNER NINTH AND MARKET STE
SPLENDID STOOK ON HAND.-
All the best snakes of Calicoes.
All the best snakes of bluslins.
All the best makes of Linens.
All the beet Snakes Of Sheetings.
•
All the best make a of Napkins.
Together with Towels, Crash, Diaper Huckaback, Bird
;ye. Burlap, &c.
White Cambric and Jaconet, full line.
Nainsooks and Plaid ;trusties, full lino. •
Winter Goods closing out.
Shawls, Merinoos, closing out,
Balmoral Skirts, all prices.
Silk and Linen lldkfs, nice assortment. At
JOHN H. STOKES',
702 ARCH Street.
EDWIN HALL &
Stitt South' SECOND Street.
•A-•
Have reduced the priceslof
Fans y Silks,
' Rich Printed Dresti Goods,
choice Shades of Horinoes,
Beautiful Colors of Reps or Poplins.
AD-Wool De Laipsui,
All kinds of dark dress goods reduced.
Also,
Fine Long Brochb Shawls.
Open Centre Long Cashmere Shawls,
Rich new styles of. Blanket Shawls..,
"44' Lyons Silk velvets; pure Silk.,
E. M. NEEDLES:
•
LINENS, WHITE GOOD'S, LACES,
• AND
. . •
• • •
EMBROIDERIES.
•
A full assortment always on hand at LOW
PRICES,
Just received, lase-trimmed Embroidered sad
Mourning Muslin Bows and Neck-Ties, for the
house and street. Also, all-linen Hemstitched
Handkerchiefs, at 11l cents.
Also, all descriptions of Linen Handkerchiefs,
for Ladies, Gents, and Children, at
WHOLESALE PRICES. jaB-tf
DRY GOODS FOR WINTER.
Rep. Poplins,
French Merinos,
Colored Mousseline.,
•
Ponlt De Soles,
Flo:tiara Silks,
Blanket Shawls,
Balmoral Skirts,
Black Silks,
Fancy Silks,
Black Bombazines,
Worsted Plaids,
Cheap DeMines,
French Chintzes,
Shirting Flannels,
Broohe Shawls,
Fino Blankets,
Crib Blankets.
SHARPLESS B ROTHERS,
CHESTNUT and EIGHTH Streets.
AGENTS,
1001 r STEEL & SON HAVE A LARGE
• assortment of DRESS GOODS, suitable for O.
LIDAY PRESENTS.
Rich Fancy Silks ; Plain Silks,' choice colors.
Plain and Figured Black Silks.
Plain and Figured Rep Poplins.
Plain and Figured Mennoea.
Plain Solferino Cashmeres, at 37Ii'c, worth el •
WINTER SHAWLS, in great variety,
MERINO SCARFS, BROCHE BORDERS.
CLOAKS—Of Now and Fashionable Styles, made of
Black Beaver, Frosted Beaver, and Black Cloth.
Call and examine our stock. We guaranty to give sa
tisfaction, as we sell nothing butgood articles, and at
lower prices than they can be bought elsewhere.
del3 . Nos. 713 and 715 North TENTH street.
CRIB AND CRADLE BLANKETS.
Large Crib Blankets.
Fine Cradle Blankets. •
jal BYRE k LANDBLL,. POLIRTH and ARCH
EYRE & LAN DELL FOURTH AND
ARCH, have a flue stock of
GOODS FOR FAMILY CUSTOM.
.Good Large Blankets.
Good Linen Sheetings.
Good Muslin by the iece.
Good Unshrinking Flannels.'
Good Fast Colored. Prints.
Good Table Linen and Towels.
Good Quality Black Silks.
- Good Assortment Colored Silks. jel.
PAINTINGS, ENGRAVINGS, 41m.
JAMES S. EABLE . & SON,
v , • • . .
LOOKING GLASSES:
DEALERES I 3
OIL' PAINTINGS,
EN•GRAVINGS,
PORTRAIT,
PICTURE, and
PHOTOGRAPH FRAMES.
2. , PHOTOGRAPH ALBUMS.
EXTENSIVE .LOOKING GLASS WMtEROOMS AND
GALLERY OF PAINTINGS,
de3141 816 CHESTNUT Street, Philadelphia.
GENTS' FURNISHING GOODS.
1 1TM FINE SHIRT EMPORIUM,
Nos. 1 AND ,3 NORTE SIXTH STREW..
JOHN C. ARRISON,
(FORMERLY J. BURR MOM.)
IMPORTER AND MANUFACTURER OF
GENTLEMENIS FURNISHING GOODS
In great variety, and at moderate prices.
F.l3.—Particrilar attention given to the making of,Shirts;
CObays; Drawerg, &c.
FINE SHIRT MANUFACTORY.
The subscriber would invite attention to his
IMPROVED CUT OF SHIRTS,
Which he makes a specialty in his business. Also, con
stantly receiving,
' NOVELTIES FOR GENTLEMEN'S WEAR.
J. W. SCOTT,
GENTLEMEN'S FURNISHING STORE,
.No. 81* CHESTNUT ,STREET,
jal7•tf Four doors b;low the Continental.
Goim AND - SILVER;
, .
9ITY WARRANTS,
OLD DEMAND TREASURY NOTES,
PALMER & HUEY,
jetl4wfm 6t*
v. S.
FIVE-TWEATTIES,
OR,
TWENTY-YEAR SIX PER CENT. BONDS.
PAYABLE AT THE OPTION OF THE GOVERNMENT
- APTBIt - rileN szABS.
I am instructed by, the SECRETARY OF THE TREA
SURY to receive subscriptions for the above
LOAN AT PAR.
Interest will commence from the DATE OF SUBSORIP
TION, and is PAYABLE IN GOLD at the Mint, or any
Sub-Treasury or Depository of the United States, on the
first days of May and November of each year. At the
present nastiest ON GOLD, these Benda yield about
EIGHT per cent. per annum.
• A fall supply always on hand.
JAY COOKE,
SUBSCRIPTION AGENT,
ao64mhl 'U4 SOUTH THIRD STREET.
4. •
jOn4N C. CAPP & SON, Lt
STOOK & NOTE BROUERS,
No, 23 SOUTH THIRD STREET,
DIRECTLY OPPOSITE THE MECHANICS' BANK
STOOKS AND BONDS
11017011 T AND SOLD ON COMMISSION AT THIS
MONEY INVESTED
AND NOTES AND LOANS INEGOTIA.ViD ON THE
S HARVEY THOMAS,
STOCK AND . BILL BROIER,
, .
No. 3121 WALNUT STREET. •
STOCKS and BONDS, and all kinds of U. GOVERN
MENT SECURITIES bought and sold on Commission, ex
oluslyelY. s •
Business Paper and Loans' on Collateral negoolated at
lowestrates. = • • • • - -
Orders by Mail shill receive prompt attention. Refers to
Messrs. Nathan Trotter & Co., Geo. D. Parrish, Esq._
John It Myers,dr. Co.: Samuel B. Thomas, Req.,
• Furness, Brinley, &Co., John Thomas, Esq.
liale4m4 , ,
n —THIS AMOUNT WANTED
el) I° lla 01/ ft Farm_ On Chegter county:'•Apply
E. PE TIT, 309 WALNUT. Street.
ram EVANS WATSON'S' .1
tTn • - SALAMANDER BAYS'
16 SOIITH STWS STREM,, ,
PHILADELPHIA,, - PA.
A large - variety of FlRSrPlloorliatile always on
band:
• .. ... • ... • • ..
- .
. • - . '
• . .. %•‘. I 1 fib ',/ N - r4•-.1
..... .
N .,• \‘‘ll,;/".111 -- . •-.- ' -- .-.' irtz• fi. \., :f
______,...\
4, V"
-----
"..-.. ..",,;.,::.... _-_,---;?-- . ' : 1 - 4 . •• • 1 , ,/,. " -r r• .
._ _ . ,
..
* I
.
. __. f i :•! ' , . i; agile ',.., , ',A. . -....,-,...._.:••• . hi a. ,. „ •,,AI . , .
_....." , 1
••,.. • ..' i e ..t, r tr '4
• .. ~ • •••••Fi ~.,, •.
~.:
~.
,i,..,..,, .i.,.,..._.„,::_.„.„.._, ~,..•.....„......_.:_.,•....... . „ ~.,.......
...... iti
~...,....,..,,,...„, .i.og .,..: , , -4 0 '
-- _- - -4 - tf - -. : .:•.!• • ..,...- ti. ; -, , ::., 1 . . _
.. • •
,• I poi 1 .. ~ IVO .:. --. it. :, •
- • ..f; 1...: . f. 5..,.
_-• - ; - s7- - --' . la .. --- .:•,ir_ , •:• - z . :.i- 1- A f 11l IP - ' - 4.7h'
..., ..
~.,..
.1"
1111111
• ,•!!
..; : f
. , t e ....,
.. . ..
. .
7 s •
. ..
. ' :1 '
T:
..;
1 ...._ 7 „.:,.. -1-.,..;" •
,e zitr , 4 x ,,, `, - .•:-4 4 --..—
...- ..-7*.3 - - - a % % . ':,_;,... 4 1\ z, . 1 V..-444 ,W-Ee l7 7 4 .1 4 /qly i t t i '''" --.: '' '''' - - ~...._—"/;•—.....----"---' .
__ • - -:.,....• ~,--•,14 7:. , . . ric,.e l. , /..? , 1 , 1, « :•...:F". • -)t,,, ..t`.:..": , ..... -E-1 8 .,,:,- - ) - ~: „ ~- -.,. ' d 4 -7 _`• --...--„,„... •
" ---...-- " k •' - ' , :`,. - -• 7 . r•- - ti,.;,,,:' , 1 '.. - o.4'.':':it , "=- r- .'- ' 4 -,..z.-. --..... -'• •--.,--.-- . , ~?, ; 1. - --;:_------- '• • - - • - - .._... •• \!.
•
. • .
• -74 rt. - 1- --,.._
•
. --., . • ••I_._ - - 1.-... 4 ...,_:,, it... - • m ow
i • . ~ .., • .. .
.. •
RETAIL• DRY GOODS.
CLOTHS, LININGS, &c.,
1024 CHESTNUT STAKET.or
1024 CHESTNUT STREET.
FINANCIAL.
BOUGHT AND SOLD BY
Na. 54 SOUTH THIRD STREET,
PHILADELPHIA.
BOARD OR BRor.ERs.
BEST TERMS
E t rt
MONDAY, JANUARY 26, 1863
The Case of General Porter.
The following is a review by Hon. Joseph Holt,
the Judge Advocate General of the United States,
of the evidence in the case of Major General Fitz
John Porter, whose trial by court martial was con
eluded a short time ago. The charges and specifi
cations have been published, and .we give a full
synopsis of Mr. Holt% elaborate opinion, together
with the judgment and' sentence . ,of :the court E and
the order of the President confirming its deeision.
FINDINGS AND SENTENCE OF THE COURT.
The court was thereupon cleared for deliberation,
and having maturely considered the evidence ad
duced, find the accused, Major-General Fitz John
Porter, of the United States Volunteers, as follows:
Of the first specification of first charge, guilty '
Of the second specification of first charge, guilty;
Of the third specification of first charge, guilty;
Of the fourth specification of first charge, not
gu the
Ofe fifth specification of first charge, not guilty;
Of the first charge, guilty.
Of, the first specification of second charge, guilty,
except so much of , the specification as implies. that
he, the accused, " did retreat fr',m advancing forces
of the enemy" after the receipt of the order set forth
in said specification;
Of the second specification of second charge,;
• guilty ;
,Of the third specification second charge, guilty,
except the words " to the Manassas Junction." •
Of the second charge, guilty.
And.the CourtAln .therefore sentence him, Major
General Fitz John Porter ; of the - - United States
Volunteers, to be cashiered, and to be forever dis-.
qtralifkil from haling any office of trust of. profit;
the Governmen t of the United States.
D. - HUNTER, Major General,
J. HOLT, Judge Adiodate. , President.,
THE APPROVAL. $ THE PRESIDENT.
. .
The•record of :the proceedings having been trans
mitted by Major General HaHeck to. the Secretary
of War, and by him under the 65th Artiole•of War,
laid before the President on the 12th inst.; he, on the
.21st inst., confirmed the nine by an endorsement
thereon in the following words : • • .
- The foregoing proceeding; findings, and sentence
in•the foregoing case of Major General Fitz John
Porter are approved and confirmed, and it is ordered
that the said Fitz John Porter be, and-he is hereby,
cashiered and dismissed frorethe service of the
United States, as a Major General of volunteer;
and as Colonel and Brevet Brigadier General in the
regular service of the United States and forever
disqualified from holding any office - of ' trust or-profit
under the. Government of the . United States. .• • .
ABRAHAM LINOOLN. •
• January 21, 1863.
REVIEW OF THE JUDCFRADVOOA.TE
The following is an abstract of Judge Advocate
Bolts opinion of the case, and- review of the teati
mOny submitted.
• In order, to show the animus of the accused
towards his commanding officer, the despatches
which General Porter sent to General Burnside are
briefly considered and commented upon thus :
• -
"In explanation of these despatches, and with a
view to relieve the mind of the impression they tend
to make, it was alleged in - the defence, and. was
proved by General Burnside, that they were official
in their character, and that the accused had been re
quested to furnish him information in referenCe to
current military events marring in connection with
the army with which he was serving- So far as the
purpose for which they were offered by the Govern
ment is concerned, it is wholly immaterial under
whose prompting, or for what end, they were writ
ten. If, the words make it manifest that the accused
entertained feelings of contempt and hostility
towards the Army of Virginia, and its commander,
it matters not whether they were spokenda a pri
vate and confidential, or in an official communica
tion. The fact, however, that such words are found
in a grave and formal official corrispondence, must
seem to show how strong these feelings Were, and
how difficult it was to repress their utterance.
"In reply to what must be regarded as the pre
vailing sentiment of the language quoted, there was
read in the defence a despatch from the accused to
General' MbOlellan—which was not sent—dated
September 2, 1862. It is full of fervent patriotism,
and of professions of devotion to his duty in con
nection with the Armyof Virginia and its command- .
er. The court undoubtedly gave to this paper the
consideration it deserved. Unhappily, it, came too
late. The Army of Virglrualhad suffered in the.way.
of disaster, all that the enemy and the inaction of
the accused could inflict upon it; and at the very
moment this despatch was written, the field for the
'C co-operation - and coperation - and constanesupport,' which
it promised, was being- swept away by the order
issued that morning for the army of 'Virginia to fall
back within the entrenchments of Washington, and,'
of course, under the command of Gen. 111cOlellan." .
Further testimony, indiCating the animus.of the
accused, is considered, especially that of Lieut. Col.
Thomas C. H. Smith, an aid-de-camp on the staff of
General Pope, who called on the accused in the of--'
ternoon of the 28th of August. He had not heard of
his disobedience of any orders, and had,like General
Roberts the most favorable opinion of his character
and conduct as an officer ; yet, such was the immee-__
tion, that, at the close of their interview, he left him
fully satisfied that he would fail General Pope, and
Would withhold from him his support in the then
pending operations of the Army of Virginia. Soon
thereafter he arrived at the headquarters of General
Pope, and said to him that he had just seen General
Porter on his way there, and that he would fail him,
and added : "So certain am Lthat.Fitz.John Porter
is a traitor, that I would shoot him to-night, so far
as any crime before God is concerned, if the law
would allow me to do it."
In referring An Mfg - interview- ietween Colonel
Smith araGeaeral PorterAthe - Jtidge Aft:Mate re•
marks : : • , , : :
.
"In view of the fearful perils Which then mentieed
the -Army of "Virginia, to which they owed a com
mon duty, it is passing strange that during this in
terview the accused uttered not, to the witness one
word of kindness or cordiality, of - encouragement or
determination in reference -to the sanguinary Con
flict in which the morrow was to involve them with
a common enemy." .
With this exhibition of the disposition of the ac
.
Bused towards the service in which he watieengaged,
the Judge Advocate proceeds to review, as briefly,as
possible, the testimony -in its - bearing upon the
charges and specifications of the record.
.-
An order directing the accused, then at Warrenton
Junction; to start on the morning of the 28th of -Au
gust, and to march with his whole corps, so as to be
at. Bristow Station, distant nine miles, at daylight,
Was disobeytd. Upon this disobedience the Judge
Advocate thus comments
"'While the weight of the testimony is .to the
effect that the troops did not 'move forward until
daylight, none of the witnesses represent them as
having done so earlier than 3 o'clock, and the arrival
at Bristow station took place, not at daylight, as
directed by the order, but at
_twenty minutes past
two of the afternoon of the -28th. :If our army—a
large part of it without animunition—had not, in
the meanwhile, been fallen upon and beaten, it was
not because of any effort made by the accused to
prevent such a catastrophe, but simply "because the
enemy had not thought proper to make the.antici
petted attack.- •
".The violation of this peremptory .order is
sought to be excused, or rather fully Justified by the
accused on three grounds : first, the . fatigue of his
troops; second; the darkness of the night'; third,
the obstructions-in the road growing out of breaks
and difficult places in it, and the presence of wagon
trains in motion." -
The Judge Advocate reviews the testimony .sub
.
mitted on these three points, and showsjthat these
excuses are of little value., He says
" Whatever may be thought of the difficulties in
the way of the night march required by. this 'order,
it was the manifest duty of the accused to make a
sincere and determined endeavor to overcome .tliem.
lf, after having promptly and vigorously, made. this
effort, and started, as ordered, he had failed to ar
rive at Bristow Station at daylight, either from*the
exhaustion of his troops, the darkness of the night, -
or the character of the road, the responsibility of the
failure would not have been charged upon him. The
contemptuous and unfriendly • feelings dis doied in
the despatch to Gen. Burnside—Which Was. Written
but five hours and alaLfbeforethis order was received
—will probably furnish amore satisfactory solution
of the question why this effort was not made-,than
can be found in the nature of-the obstacles them
.
Rely es. • ,
"Nor is it believed that the conduct of the ac
cused 'finds any shelter in, the Napoleonic' maxim
quoted in the argument for the defence. The die ,
cretion it allows to a subordinate, separated from
his superior officer, is understood to relate to the
means, and not the end of an order. .When the ac
cused determined that, instead of starting at one
o'clock, he.would start at thiee or four, he did not
resolve _that he would arrive at Bristow Station by
daylight in a different manner from' that indicated
by his commanding general, but that he would not
arrive there by daylight at all. In regard to this,
the end of the order, he had, no discretion."
On the morning of the 29th of August, after Gene^
rale McDowell and Porter hadjoineditheirforces,and
McDowell had.assumed the command under the 62d
article of war, an order was received, addressed to
both of them, directing them to move with their
joint command. towards Gainesville until they,
should effect a comirnmication with the forces of.
Heintzelinan, Sigel, and_RenO, and then to halt,
taking care to occupy ' such a position that they
could reach Bull Run that night. or by the morning
of the following day. The order contained these
further words: "If any considerable advantages are
to be gained by departing from this order it will not
be strictly carried out." At the time this order
reached Generals McDowell and Porter they ; were
on the road between Manassas Junction and Bethle•
hem Church, and were proceeding in the direction of
Gainesville, as the order contemplated.
The rest of the opinion We give in full ;
Their forces continued their march—those of the
accused being in the advance—until the front of his
column had reached some three' miles beyond Beth-'
lehem> Church, and until a small part of General
AlcDowelPs command had passed that point. Gen.
McDowell then rode forward to the head of the
column of the accused, where an interview and con
ference took place . betweeit them, to which reference
is frequently made in the testimony. They diecusaed'
the joint order, and Gen. McDowell determined for
himself that there were "considerable advantages to
be gained by departing from it?' and by moving with
his forces along the Sudley Springs road towards the
field of a battle then being fought by the main army of
Gen. Pope, at the distance of three or four miles, LIM
purpose. as to throw himself on the enempa centre
and he wished the accused to attack his right flank.
Be, therefore, said to him, "You put your force in
here, and I will take mine up to the Smiley Springs
road, on the left of the troops - engaged at that point
with the enemy," and he left him, at about twelve
o'clock, with the belief and understanding that he
would, put in - his force atthat point ' , Whylhis ex
pectation was doomed to disappointritent, may pos
sibly be • gathered from. the folloWing extract from
General .McDowell's testimony, as to whatacourred
during his conference with the accused.
Question. "You have said thatthe accused Made
an observation to - you which showed that he - was
satisfied that the enemy was in his immediate front.
Will you state what that observation mull? -
Anewer. " I do not know that I can repeat it ex
actly,-ail I do not know that the accused meant
exactly what the remark might seem to imply. 'The
observation was to this effeCt4putting his hand in
the direction of the dust rising above the 4op of the
trees)—' we cannot go in ,there any Where without
getting into a fight' n -
Question: "What reply did you make to' that re
markt"
Answer. "I think tothiseffeet t , Theit is what we
collie here for.' . " ' . -
.These words will certainly, stand' in • niemorable
contrast with the sad utterance to which they were
a reply. gq.urnvlr
, general Mcnowellionsparting.with ,the accused,
ceased v ,to exercise any,attthority over lus command„
PHILADELPHIA.. MONDAY, jANUAItY\26, 1860:
and lie.was thus left untrammeled and in posseirlion: ;
of thejoint order still in full force. Soon otter, G.e-
nerd Griffin's brigade—a part of , the corps.of .the :.
accused—was ordered to move to the right, as if for
thepurpose of advancing on the enemy, as directed ;
by General McDowell. It had proceeded, however,. ,
only about six hundred yards, when, coming. into. J.
"some small pine bushes," • and sometscirsaying
there were obstacles ahead a retreat was prdered,
and they fell back to their originalposition. General
Griffin saw no obstacles himself, and he made no re- .
connoissance. This was. all that was done towards
carrying into effectthe stirring and soldierly direetidn;•
Of General McDowell.- • •
Some time after this-faint demonstration—it may
have been an hour .or more, General -McDowell,
having left at about 12a rebel battery threw three
or four shot it of the aacuseri's column..
It wag ;at .once 'replier:l;lo arid: silenced; and then
came the order to foll..track,..of_which Colonel 13. F.;
Smith, who witnessed the artitlery tiring, .speaks
. ao,
distinctly: ' The note of - the .. accused to Generals,
McDowell and King; which warr - read• in evidephe,
and without date,, must have beim written im
mediately after-this artillery firinV and -after- the'
order to - retreat which followed it, It,ls, in the fol.
• lowing - words : • • 7 , .
." GENERALS DaCDOWELI; AND : Ifoundlt
impossible to communicate by crossing the roads to
Grovetown. •• The enemy are in strong force on this -
road; and as they appear to have ciriven our forces
back, the firing of _the. enemy having advanced and
ours . retired, have determined to -.-withdraw to
.Manassas,• have 'attempted to communicate with'
McDowell • and Sigel, but -my .messengers have run'
intothe enemy.- They have gatherixl 'artillery, and
~cavalry, and-infantry,. and- 'the advancing: masses of
dust show the enemy coming in force., I,am now'
going to the head of ,the column to Bee wh.atis.pass
ing, and how affairs are going." Wad you not better .
send your train back? Irvin communicate with - yeti.
• "F. J. PORTER, Major General."' •
.. This remarkable ;note,appears to have.been Writ
ten for the .purpose of explaining why the accused
• had not "put his force n"' t the -Phice which
. General McDowell i
had pointed! out. ''lt announces -
most , energetically a determinatieri te•=With.,
..7draw?',-I,e.rotrcat Manasses,b.ecausebrthei
ApProziek,of ,- the enemy,,..d , .because.ithe.beittie;
seemed- to " be going ;:ogaiiiet the Feierat'forces.
Piirpose'was-Piriniptly CaiTiedl4:o4-i•
stantially, if not- to Athev.letter;;-isi made ' , evident
from , the fact theti-at lie c tweeralive and six o'clock, t
the acculied foiiiid at or near Bethlehem;
'Church, surronrideditor :his whose • arms ,
were stacked. -•- 'lt' irrilirther proved 'by Colonel' B.!
Smith, who was - in - the - front,' at. the time of the
Rainer-y.llring, And 'allegeri , that he -and. the.;treeps
of his command then fell . - back under iiiiiers,r to I.
within • a mile or. two_; of . Manassas, ; where . They
• passed the night, having arrived there in .the , after-i
noon. ;It is,yet. further , shown hy.•General Griffin,
examined by. the accused, who- says his ; brigade •
'-retreated from - a mile and• a half le'two miles. ;
This retrograde' movement- might• have 'been ex- •
cursed, had it been made in
,good •faith for, the pur
pose. of reaching,. Bull.. Run -.that. . night ; - but no'.
such•Purrioae was entertained, nor has it been in-
refried • that-it was, either . by the 'testimony or the
argument. General. McDowell says "the . accused;
might ,have. attacked the enemy, - and would have • '
still' bad ample time for falling back.on. Buil Bun.
Indeed, as appears 'front 'the map; lrch' an ' - attack .
would have been •an advance in the direction . of
Bull Run.
He might . have found justification, too,. for this
step, had it been taken froze a conviction that in the
- sense of the order, "considerable advantages" were
AO, he gained by departing its terms. 'No such
position, however, could be successfully taken in the
defence. The only "advardages" which the retreat •
promised, were the personal safety of the, accused
and staff, and the exemption Of his troops from any
participation in - the sanguinary battle then being
immediately to his right . _ Surely such advan
tages as these, purchased, as they were, at the immi
nent hazard of the sacrifice of the whole army, were
not those contemplated by the •order:' The advance
of the accused, either alongithe Gainesville road or
to the right, would -have- brought him into conflict
with .the enemy. , The court concluded, and justly,
that his falling back under the circumstances,and
for the purpose mentlo ed in.his .note to: Generals
McDowell and King, was - R Violation - of the joint • or,
der to himself and General•McDOwell:•• -• • • • • ' •
It would seem also to have been a manifest viola
tion of the duty resting on him' as a soldier in the
position in which he wasplaced, without reference
to any specific order Or direction,- leading 'or. direct
ing him to engage' the enemy. In forward, riggrea.
sive movements; it is an established principle of mi
litary_ science that the columns shall be so held is
their advance as to. be ready . to afford mutual assist
-once in time'of heed: Another elementaryprinciple
of such movements is, that In the absence of pord.
five restraining orders, the -march shall always be
towards the sound,of the guns, thus confirming the
Sentiment of the Words of General McDowell, that.
it is the soldier's mission to fight. Both these fun.'
damental rules of the military - profession were dis
regarded in .the retreat of the accused. He fell back:
precisely at the moment that the obligation to co- ,
operate which *as pressingupon hiin required him
to advance, and his march wail not towards, but
from the sound of theenemy's cannon.: • • -
The order of 4.30 P.M., August 29, directed the ,
accused "to push-forward into action at once on the
enemy's : right flank, and, if possible, on his rear.'?-
It was not obeyed, nor was any attempt made to • j
obey it.
• • It was claimed in the defence that the accused
should not be - condemned for this disobedience:
first, because the order was 'received too late to be
. obeyedr and secondly, because 'obedience to it was
impracticable in' consequence of the pretence of the
enemy in overwhelming'force,' and in consequence
of the character •of .the country over "which the
movement would have had to be made.
- There is a•-,,decided conflict in the testimony as to
the hour at which the order was received by the no-:
•
cused It bears date 4.30 P. K. and Captain Pope
the-staff officer who •bure• - edit, that - he proceeded'
iiroot froprrec,Deral- Pope: to tbeaccused;
vered - -it "as early as five o'clock, or probably:
three .or four minutes after five.".- Charles Duffee,
the,' Orderly who accompanied him, testifies. that
they left 'general 'Pope at about half .past four,
and went on to the headquarters of the accused,
at apace about as fast as they thought their
horses could travel." Ile thinks about an hour Eras •
occupied on .the road, and that .the order reached
the accused at about half pastfive. These statements.'
are corroborated by the evidence of Gen. McDowell .
tulle the time and place at which he met them; and :
read the order. General Pope says : " I know that
an ald-de-camp,.. riding rapidly, could. go! from -the'
field of battle .to 'Monsieur Junction, •or to ;any
-point west - of Manassas Junction, on .the Gaines
ville road, if he'found General Porter in advance of •
Manassas Junction, within an. now., . by . going at
Speed." General Roberts, who was - present when .
the order was . issued, expressed the. opinion that it
•should have been delivered • ".in half' an hour or
less,' as orders are. generally carried on such. occa- •
Mons." Adopting the latest estimate—thittof Gen.
Pope and the orderlythis would give the accused
two hours of daylight; within which to. make the.
attack. •
- On the other hand, there are five witnesses Intro
duced by the accused—three of them:being. his staff
nfficers-,viz i "General Sykes, Lieutenant Colonel
'Locke, - Captain Monteith, Lieutenant Weld; and
-Lieutenant Ingham, who depose that the order was '
not received.. until about sundown. One of them;
indeed—lhOUgh •he la not supported bytheothers- 7 .
fixes the hour much later. If,..in ascertaining the
value of testimony, witnesses were counted; and not
weighed; the question would be , at once- settled by
the relative numbers as given. Such, however, is ,
not the rule of law, and it may be 'that, after
carefully considering all the circumstances, the
court felt that the explicit and intelligent state-'
meets of " Captain Pope and ~ his orderly, for
tified by. the corrobarative. evidence • of Generals..
Pope, McDowell, and Roberta, were not overcome
by the Opinions. of the five officers.named. ' There
-was, outside of the positive testimony, a considera
tion strongly supporting this view, and it is this :
There is no question as to the time at which Capt.
-Pope left with the order ;. it was at 4X o'clock ; he
rode as fast as his horse could carry hint, and' had
butabout five-miles to travel ' • and yet, according to
the theory of the defence,-that he did not arrive un
til sunset; or half past six—he was two hours on - the
Way.. Is it credible that a staff officer, bearing an
important order, in the-midst of 'a fiercely-contested •
battle, would have traveled at this 'rate ; and - this,
too, when he was conducted by an orderly acquaint.'
ed with the road, and encountered no obstacle to.his
progress? Is itnot much - more probable that 'but
single hour was occupied, and that,.inpointof fact,
be arrived at half past five/ -- • • . • • • . . •
Conceding, however , for the sake of the argument,
the . position taken the defence,lhat the order.
Was not received until sunset' this would have left
the accused an hour of daylight within which to
make the movement ordered. •he enemy had been .•
so far encouraged in their advance by the inaction
of the forceof the accused 'and by their falling baCk„
that at this late moment the front of the column of
the ,accused was not separated from- the advance .of
the rebels by more than a, mile or a mile and a half.- -
But little time therefore was required to make the
..attack. It is admitted that it was not made; but
-was there any earnest or vigorous effort on the part
of the Rectified to obey the order? Col-Locke states
that eckin after'the receipt of the order from General
Pope, , hebore - one from the accused to General Mor.-
rell, directing him—which, as appears friars; thestate.
went of Col. Marshall, was to be done with butfour:
regiments—to engage the enemy ; .but General Mor
rell-testified that before there was time to earry•this
order into.execution—say within about half an hour
after its receipt—it was countermanded by another,
directing him to pass the night with his troops where
he was. -This was all that was done towards attack
ing the enemy ; and yet General McDowell testified,
that aid ettack• - even'at this late hour—indeed; at any'
hour before the battle closed; which was at dark—
would have resulted in a victory for our arms....
There is one fact—probably . tiie .most remarkable ,
one disclosed by the record—which .must have
im
pressed the court as going far to manifest the true
spirit of the conduct of the accused on this Occa-•
sion. , The forces of General'Morrell were in 'the
front; and those of Generel Sykes were immediately
in their rear, 'and Supporting theni. - In the progress
of any determined movement: against the enemy,.
therefore the command of General Sykes would be
necessarily involved, and the presence of that gene
ral hvoul be • required, yet 'General - Sykes states •
that he was with General 'Porter 'when the or
der from. General Pope was received, and when that
to General Morrell was sent ; that he remained.with
him all the ev en in g and night, and that he never heard
that an order to attack the enemy had been received
from. Gen:Pope, or had been forwarded to General
Morrell.. 'What conclusion is necarearilydrawn from
this? lithe accused hedseriously determined that
the order to• General Morrell should be ,exeeuted,..
would he not have apprised General Sykes , of its
'•
character and directed him to . proceed at once to is.
command? When add to this the feebleness of the
attack directed—being but with four regloients—and
the furthar fact that the order was revoked before it
was possible to make the movement, can We escape
a painful impression that the order itself.was issued
without any expectation that it would or Any : pur-•
pose that it should.be obeyed?
• There is yet one other fact presented in connection
with this order, which deserves a passing notice.
Captain Pope. Muni the. accused with his troops
halted, and the. arms of some. of them :stacked.
After delivering • the order, and during . his - stay of
fifteen or twenty fninutes, he did " not observe any
orders given, or any indication of preparation for a .
• movement in the direction of the battle-field." On
his return, nearly an hour afterwards,the same con..
dition of things existed.' The following extract from
the testimony of Mr. -Duffee who accompanied Cap
tain Pope, will yet further Illustrete the absence of
. all anxiety, if not of - all interest, on the part of the
accused: , •
Question. Did you seethe order delivered into
the hands of General Porter?
"Answer: Yes, sir;- I saw him take the . orde r from Captain Pope..
• "Question. Was he in his tent or out of doors?
"Answer. He was lying down under a shade tree:
when he took the order. .
g .! 9,4stion. - Did he change' his position on reading
• the order,.or did he - continueto lie down?
"Answer. I cannot state positively whether he
rose to his feet or not; . but at the time he was
reading the order, I noticed that.he.was lying in thid
• position on , the, ground, (describint-htm as resting
on his elbow, his head upon his
. Question.4Md;youleave him: l y ing' down on the
ground When
_yon came awayt's4:•,:..-c.•,,„
. "Answer . -Yes, •
sir." . •- •
' The' ccused had, for between -five and six hours,
I: •been listening to the sotuids of the battle raging tin-,
I ,:mediately to his' right. • Its dust - and' sineke. were'
;•. before , his eyes, and. the roar of its artillery was
Stroking the earth beneath his feet. ,He ..niust - have ~
'known the exhaustion - and Carnage which this pie- -
1 longed conflict involved,' and he' had •reason to be,
ji lieve , aa • shown - by - note to • Generals McDowell •
L. and King;thatour army was giving way before the'
/wary reinforcements of the enemy. He had•a•corn- •
'mend of-some '13,000 fresh and well-appointed troops,'
- who had marched but a few miles , and had not fought"
at all on that day. Under therm circumstandesi, should,
not.an'order to charge 'the enemy • have 'electrified
' him as a soldier, and havebieught blip - not only to
hip feet and to his saddle; 'but - hive awakened the
' sound; rif fee ger preparation- _throughout his, camp?
e of this; order seems, to have fallen
I.l:_fentlitlepa eark, alUt.ftiftei reading kt,iiriitittpie;ciose
of an interview of from fifteentoNtwenty , ',.minutes;
. the messenger who bore it turnedAwey, leay.ing the
accueedritill'" lying on the ground." , .
There is Borne contrariety inthe evidence as t o the
`force orthe'eriemy'by which the accused 'was con
, fronted.. The weight of the testimony is that - it was
small—decidedly be in the. early,part of';‘the aftee.
,
noon, when the. attack directed by. General , Mo-,
-Howell shinild have been made: ' General - Roberts
thinks there•was only-a cavalr y- force, with : some
r_ light, artillery; . Colonel'B. F. Smith, who' was' at, I
• ,the headtof the.column at the ; time therAbetbattery. ;
..was silenced, and wlicr, fell back ; with his command.'
;•
half an hoer ifierwards, noticed clouds ' of rhist 1
• beyond the trees,'het - Whether there Were r tioepft rid-' •
1 ,- vancing or moving •do another direction; he could.
' not tell. :He. saw to- induce him te-helieve
that- they 'Were. retreating before' the enemy; but,
supposed that -they'had •been'making a reconnois-,
-Banco in force, and; having completmeit,*ere falling
.beck forfeorne other duty. General &riffle, awitnerm I
rfer.lhis accused, *hi) was also at the front, and en-'
joyeifeterroliportuiiity of observation; having been
r. naked:Bolo the position er-thebneirry likteliition to
Generel•Porter's corps;'.between 5 and./ o'clock of ,
;.the 29th, replied, -".l.t.is a hard que stion to answer. ;
1 - 'I de - not..kn ow mesh abiret the enemy;,,l.oiCliknow.
' that, during-the day, large clouds of dust Weregoirig; ;
to our front and to our left frdm alibint stated to us ‘.. 1
there toThoroughfare Gap. , The batterieswhich.
f
'opened on use:at 2 o'Ciock'were:withililAt or;
1,600 yra a of us:' •We - sawne fdree litielyive saw:
: scattering.groupepf- hemmer:nor Of infantry:: 1 ,, 1:ei0 ',
not bellevewe saw in anyone group ovenfortymenl"
. Major Hyland,
w ho belonged toColcinel Mars hall's:
.'regiinert ) b4 of ' skihnishers, - and' wee' some - eight:
hundred or one thousand yards in advance of Gene- E .
ral Morrell;:arrys, , the enemy...began ♦ to form in hiss
front acid totherightlietiveen two.and three o'clock.
-esawltnone to' the' ' left.' Thinks-the force was' .
. very lakge, and. although ',unable to give ' even - a :
, proximate -estimate , of; their • numbers; •believes;
it
they w.* strongeriough*.to ,have resisted an at-.
tacit - oiDenertil .I!orterla ;corp s . Second Lienterie!
'ant Stevenson' eaPpoied the enemy's fories to con-
slat of Mite twelve to - fifteen thousand ; but he was
a youngiman •• with limited experience, and when
"he shit ithict!the enemy's line of battle was but a
'mile lan , : it *Rs sufficiently' evident' that a 'large
abateme t was to be made' frbm
,that
estimate. '
Colon *ashen' set - the - -enetnyel troope•down at '
..twice. q number of . the corps .of• the accused.•- It
1h
is Oh With; hoWever, that he was largely JO/named ‘.
-111 - faliffiig. this' (minion irony' the' clouds 'ol' 'dust,
‘whichlbafrom y.have arisen as much themoVernent
'of antitnces .and, wagons, as,frem themarch•of
treciPi.- : ,. e states that they Mime' from. towards
Thoroughfare Gap, and separated into teeitoChniins, ,
one of vidlich.proceederidn•the direction of the battle-;
Aeld,,at Groyeton, and the other came- downon the t
Wiiinsiriile and Manassas road. •Now, we leern from: '
1 01eherablInford,. that the enerny , a 'forces' phasing •
rthroughaGainsvilig that day •fronO.Thefouglifarri !
.Gap, and ; counted by himself, did.. not exceed four
teen, thyliatidmen, and dividing, these into,•ftwir i
- Whining t ishelieeed that at no ti nie,:en.the 29th, ;
"cfould:th 'a ccused have been opposed by a rebel force!
- , ericeedirig seventhouriand- - -.a; little '.410r& than one- •
half the strength of his own corps. The strong pro
bability is that, the forceless note° large; but, sup- .
. : posing the enemy to havehad quite 48 large a force,
'as his 'own, was that a reason why heahmild not
maketheiattapk, seeing that a' severely contested
, battle was thempendingl , • •
_ The course ofthe inquiry on the part Of the de--
`fence would seem tic imply an impressforf - that. the
accused Could not attack. the right flank because he
found an - enemy in his front, and could not'-attack
the frontliecause-the order was. to 'engage the•right.
A dead Milk, bowaver, in military movements could•
scarcely he Suffered to be produced by such a pro
vies as this. General , McDowell, in a frank - and
soldierlygnianner, solves this question, by• saying
that, if the enemy's forces were posted in, the front
of the accused e in the ,manner 'indicated by the wit
nesses, ,they must have constituted' his right flank,
so that' aOVEMent 'in that direction• would' have
been a literal compliance with the order. ' '
A. conclusive reply , to the suggestion that the
ground ..between the enemy and the accused: wale
impractiable for military movements is' found in
the testiMonY of Lieut. Colonel Smith. , He says:
” Linfergiat _the _corps of the accused could'have
moved ip,ltii right wing joining with the forceeenf•
gaged, rind have flanked the'enemy. This is not all•
an infereilie merely from• the general character • of
the country.'. Itliebased also on the fact that that
portion of. thecountry over which, as I understand:
it, the corps of the accused would- have moved upon
I
the enemy was iuffi'ctentlt predicable to enable the •
-enemy, as they did, to male aj similar movement on' our •
left on the,nere day." • ..
Some of the witnesses of the accused declare that
artillery Could • not have passed over, this ground,
while others testified that infantry' could not have
been marched through the woods' in any order.
'Under !It , croes•examination, however, the obstacles
on which there opinions were based,' were •much re ,
duced in'the attempt to enumerate the. The gene
ral description of the country given is that iris open,'
with fields and' woods; and occasional' ravines, but
not remarkable. for its ruggedness. There were .n 0
impassable streams, or morasses, or _precipices.
Generel . McDowell deposed - that
.: he did - not
consider': that , there were any inauperable
obstacles " ire the way. of the advance on
the part of
- General Porter's , command • upon the
flank cif 'Dieenemy ;" and he proved the sincerity of
this opinion by'directing him to make the movement.
After reciting in detail certain facts leading to this
belief, he' thus= concludes : "These movements by .
these two. divisions of my corps, my own move
meats, and the movements of ,the enemy, give me
the belief that trogs could move through , the •
country, comprised between the Warrenton turnpike
and theSudiei - Spring road, and the road from Beth-,
lehem".Chureh.to Gainsville. I will Mention . fur
ther' that that country is a mixture of woods,.
cleijecifgroug, and hills, and that it is easy for'
trosps;to marc h without being seen or seeing the
enemy." A glance at the map which accompanies
, the record will shole_that the ground in question is
embreeed in this boun'da'ry and description. • '
' It may beltdmittedand =perhaps the testimony.
requires the admission to be made—that in falling'
upon the enemy on the afternoon of the 29th, the
Accused would haea - encounte.red both difficulty and'
danger ; but difficulty and danger, in time of war,
are daily and hourly in the category of the soldier's
life. Their presence should be for him, not a dis- •
eburagetrient, but an inspiration. To grapple with
them should be his ambition; to overcome them, his
glory.' .•
• • That a vigorous attack opon the enemy by the
accused, at any-time between twelve' o'clock, when.
"the battle begilh;and Mirk, when it closed, would
have secured a triumph for our arms, and not only
the overthrow of the,. rebel forces; but probably , the
deatruotion or capture of Jackson's army, the re
cord fully justifies us in maintaining. This opinion,
in 'effect, la emphatically expressed by Generals
Pope, iticDowell, and Roberts, and by Lieut. Col.
Smith; all of whom participated in the engage.
meet, and were well qualified to judge. General
Roberts, who was onithe field throughout the day,
says : "I do net doubt at all that it would have• re
suited in the defeat, if not in the capture of the
main army of the Confederate's that were in the
field at that thee." >To the same effect is the fol
lowing explicit langUage of General Pope : " Late
in 'the afternoon of the 29thperhaps towards
half past five or six o'clock—about the' time that I
hoped General Porter would be in ' his position
and assaulting the_ enemy on the hank, and - whoa
General McDowell had himself arrived with his
corps on the field of battle, I directed an attack to
be made en. the left of the enemy's line, which was
handsomely done by Heintzelman's and Reno's
corps. The enemy was driven back in all direc
tions, and left a large part of the ground, with his
peed rind wounded upon it, in our possession. Had;
General Porter fallen.upon the flank of the enemy,
- as it was hoped, at any time up to eight o'clock that
night, it is my firm conviction that we should have.
destroyed the army of Jackson." Even had the at
tack itself failed, General McDowell states that the
number of troops which would have been withdrawn.
from the main battle by the enemy to -effect this. re
suit, would have so far relieved our centre as tor-en
der our victory complete. When we recall thecala-'
mities already suffered by our country, and conterri
plate the untold griefs to the hoines and 'hearts of
its people, which may yet follow from the. escape of
that army on that day, we may appreciate withimme.
approach to accuracy the fearful responsibilities in:,
curred by a line of conduct which so certainly and
so fatally led to that disaster. • , •
The first, second, and - third specifications - of the
second charge arraign the conduct of the - accused on
the 29th, under the-62d articleof war, as "misbe
havior before the enemy." If a soldier disobeys the
order of his superior officer before the enemy, he
commits a double crime by violating both the 9th and
62d articles of war; and he may be prosecuted
and convicted of either or both offencoa. So
any other breach of duty connected with - mili
tary movements, and occurring in the presence
'Of •the enemy, has assigned to it by the Ar
• tides, of War,a depth; of criminality which would
' not belong to le under other and ordinary lemma
stances . This results from the increased disaster
likely to follow from misconduct in such a ,con
juncture, 'and from the fact that insensibility to
diity is doubly criminal when displayed in the
' Midstef those dangers which ever inspire the true
'lloldier.. - With renewed devotion to the honor and
intermits of., bla flag. The accused is . , shown to
have been, ilth his command ; in the presence of
the enemyarom the beginning to the end of the
battle of ,the% 29th—a period . of „at least. seven
hours and a half, or eight hours. His troops were
- fresh and well appointed; and that from his position
he was bound to have taken part in the engagement,
' and that his failure to do mr.waa to the last degree
culpable cannot be denied, unless it can be made to
appear that he iwas-restreined by some uncontrolla
ble physical "necessity, or by some -positive order of
• '
bin commanding general. The attempt has been
made tojustify his conduct on both grounds. ~The
review already made of the testimony warrantsthe
conviction that the material obstacles in his way,
growing out Hof the proximity and strength of the
enemy, and the nature of the country, were not
seiffiCient to excuse his inaction. 'His chief of staff,
however; Lieutenant Colonel Locke, called by the
defence, deposed that in the afternoon of the 29th he
bore a message from the accused to General Ring,
whomlie found near . Bethlehem Church, with Gen.
McDowell; that General McDowell' sent: back' by
hith to the, secused,a reply in the following words :
"Give My , compliments to General Porter, and say
to him that Lam going to the right, and will take
General King with tie . I think he (General Porter) '
had better remain where he is; .but if it is necessary
for him to fill back, he can do so upon my left;" and
the witness testified that he regarded this as an
order, end cemnaunicated it to the accused; and this,
it is insisted, restrained - the accused from attacking
the enemy. . .: .. •
In the . first place, it is to be remarked that this
language Mies not import an order, but . simply a
suggestion and counsel from one companion-in
arms to another. Again, General McDowell was
not then in. a condition to command the accused,
and this both he and the accused must have well
known. They were separated from each other,
and were' not, in - the terms of the 624 Article of
War, "joined or doingg, duty together." General
McDowell was proceeding at the Moment,. with
his forces, upon an entirely , distinct service ';from
that in which the accused was engaged. But the
whole of Lieut. Col. Locke's statement in, regard to
this message was' swept' away by the evidence of
Generals McDowell- and Xing. • The witness had
pened that the message was given to him in the ,
Bence of General g, and .was heard by him.
eral Ring, however, testified 'that he was not
with Generril•McDowell at all after the morning of
the 29th, and thathe heard no' shah message, while
General McDowell declared that none such was sent
by him. Itis further urged in the defence that, al
though-the evidence may thus fail to show that such
a message was sent, yet that it was delivered to the
accused, and he was justified in obeying it. This
pdsitiorris assumed in disregard of the maxim,
Valium in uno, falsum in omnibus." The same wit
ness who deposed to the receipt of the message from
: General McDowell, deposed to its delivery to the
accused, and in neither point was he supported by.
the testimony of others. Having been discredited,
as laboring under a complete 'misapprehension, in
regard to the first, this discredit necessarily attaches
to the' second, and 'under the maxim quoted;•;his
entire statement falls to the ground-
But even if it had been established that this mes
sage had been sent and received, and that it was in ,
form an order, and given by, pepper . authority, still
it is not claimed that it reached the accused before
about,: o'clock. This would leave his inaction:front
12 .to 3 o'Clock, in the preienceof the enemy, and in ;
• the midst of a battle, unexplained, and thereforenn-,
. palliated in its culpability by anything that is We" ,
tamed in the gecord.. • .• ~ • ; - •• !. • ,
' Although that portion of the - defence which would
. justify the inaction of the accused, , because „of the
enemy and of the difficult nature of the ground in,
his front and to his right„ has . Nem -commented on,
it may not be inappropriate - to had that history ,
shows these obstacles to be insignificant as compared
with those which have been often •in great emergen
cies overcome by military comManders. The hattleof,
Ilohenlinden , furnishes an , illustration; and , in: one
respeCt beard's striking analogy, while in. another:
offering.a • remarkable riontoast ,to the events of•the
,29th of August. A few extracts from Thiers' History
of. the.Comulete.andthe Empire,,vol. 1 , pp. 217, 18,
19, Lippin c ott aeCe.'s edition of 1861, will suffice to
, show•theeppositeness of the referense.„, i ••• . i
' Moreau, with 60,000 French troops, was met an
•Auetrian army 'WOO strong, • .
"Richeßause and De
'eaeu'it divisions,' , says the historian, were sent by
r 'leforexit an order, wierewhat vaguely expressed, but
positiveete throw thkelnseives from the right hand to
'the left Rand road, toget into the latter, into the en
-;:virons of Pialtenbout, and there surprise the Aug
: trian army,. entangled ere the forgets: He neither
"Indicated tie route to 'be pursued 'nor pro
ealicled , against accidents >which Might ()Wile He
cleft e,verything that wax to. be' • doe.e' to' .the in
telligence of Itichepause."' "`At'. length', sar ,the
ichattle , progressed, a' waverirg.was obeerved in. the*
! Austrian troops' of the centre; which proved to be
rilichepause falling' cei their rear." " Fle' gee' started
• ~without wailing for Ilikteu, awl yratingly penefrated into'
`that tract 'of thickets and ravines, which separated the'
'two roads,' and marching while the,iight was gaftig on' al
1 Bohenlindep and makintincredible' VOHS to deagloilli
- Ikiiii over that .inun ground sua pieces of smart
`calibre." "Richepause reckoning upon Decaeulo ex
1. tricate Drouet's brigade , had losing'
a moment for Maltentiout; for his 'raillery instinct
' , told him that was the:decisive point. Though* he'
shad left but two demi-in - Valles . of iefindl , f,/,' the Eiglitli ,
and Forty-eighth, a single regiment of cavalry, Me' Firs'
; . Resseurs, and six, pieces ofeatinon, with about 6,00(F
men,he had continued his pierce; dragging his artillery.
hand, lmost always through th'e quagmire." .." He
I en fell to the left, and took the bold resolution •of
1
Telling .on the Austrian rear. ,in the • defile of: the
iforest,w;l"-Marching, Aword• in hand, amidst' his'
• I krenediers,• he penetrated into the forest, sustained %
Without flinching, a violent discharge of grapeshot,
:then fill in with two Hungarian battalionte. which•
•fiastened.tobar up his.passage. Richepause would'
have 'inspirited ble brave soldiers with words 'and
festures; but they had no need'of them: -4 Those'
ellows are eiii.,prisoners,' cried they.;'filet us
Ab e ll' '..:a`hey- 'charged Accordingly, ' and come
,p 1 y, routed the Hungarian battalions . ~ Presently
11W Me to masses of baggage, artillery, infantry,
-acemitillifitedr , pell-niell at , this spot. Riehefetuse
;struck irrepressible „terror into this ; multitude, and
Ihriveit 'into frightfut,disorder. At the same 'mo
imentle beak& confused shouts: at the "other mitre
miffof the defile. -It was Ney who, advanng from'
'Hoherdinden, hadpenetrated b the head of the de
file, andlershed before him the Austrian column; which
ltichepaitse was: driving the other way, by attacking it in
therear.lr A' complete' rout of the Austrian army
ensued.- Its loss was some 20,000 men, with nearly
'all - its' artillery and baggage, and " whitt; ll :as the
- .historian observes, " was of stlligreater importance,' •
its moral courage." "This. battle, continues 'M. -
Thiers, "is the most brilliant that Moreau ever •
fought, and , certainly one of the greatest in the pre
sent ceriturY,'Which has beheld such extraordinary
,
. What were the difficulties that appilled, the ao
'defied -on the 29th, as compared with those stir
.lnounted by-: Richepaine. with: but six thousand
Men? This example is an impressive proof,otwhat 1
.e general' can and will ichieve, 'when hie heart •
' . .is in his work, and when he finds himself in the pre-
'sence of the enemies of his country. General
• . %)lleDowell, as :'a• 'soldier and a commander,' de
,posed that it was the duty of the-accused to have
-attacked the enemy on the 29th, and it would
.seem this duty was so manifest,: and so clearly ,the
'result - of his Iposition that no order to that effect
'could havendded muelt;lf anything, to'its force and
urgency. . What General McDowell prescribed for
his associate in aims;he unhesitatingly accepted for
'himself. He had no: summons to arouge him, and
no guide to conduct him, but the sound, of the- can
non,- following Which he, with hie whole command,
found His way to the battle-field, where his instincts
as a soldier told him both his duty and his honor re
quired him to be. And 'it 'is no doubt to his timely
arrival and active participation in the conflict that
we are largely' indebted for Gen. Roberts' declara
tion, that at the close of the day the advantages were
decidedly. On the side of the Federal troops. Had
*the accused, obeying the same impulse that carried
General McDowell up the 'Smiley Springs road,
made a movement upon the enemy with the vigor
and lieroisei which the occasion demanded, it is
altogether, Trobable that the glary, of Richepause
would have been his, and the fate of the Austrians
that of the rebel' army. After carefully considering
all the impediments, which have been so elaborately
arrayed as in the way of the accused on the night
of the 26th, and. hroughout • the day'of the 29th, we
cannot but realize that they shrink away and are
scarcely to be named beside those obstacles of night
and tempest, and snow, and morass, and Alpine
precipices, and frowning batteries, which the war
' riors of other times and lands have unhesitatingly
.confronted and bravely overcome. • , %.•!.-: :•-" '
' But there is one featurepf the inaction of the lie
' bused on the 29th, Which it is especially sorrowful
' to contemplate. }low, unrestrained as he was, and
n with theefinnoriade cif the battle in his ears, and its
' smoke, and the dust of the gathering forces before
his eyes, be. could for seven-and-a-half_ eight
hours resist the temptation to Plunge - into the com
bat, it is difficult to conceive. But :this alone is not
the saddest aspect in which his conduct presents it-'
self. This 'aspect is distinctly set forth in the third
'specification of the second charge. "Col.' Marshall
states, that from the cheerings and peculiar -yells of
' the enemy heard on the evening of the 29th, he and
-every man of his command believed that Gen: Pope's
army was being driven from theftell ' Gen.,Morrell
also says that from the sound otthe artillery, the'
battle seemed to be.receding, which indicated that it
was going against the Federal forces. The accused,
in his note to Generals McDowell and King, speak
ing of the enemy, says : ' " Are they appear.to have
driven our forces_ back, the , firing of the enemy
:'having advanced and ours retired I have determined
' to withdrawto Manassas ;" and in further justitica
'. idon'of 'this step,' he - adds': "They have gathered'
artillery and cavalry and infantry, and the advancing
masses of dust show the enemy 'coming in force."
- In the. afternoon,,then, of theth, it is clear that
the conviction was entertained ' ily. the accused and
his officers that our forces were being driven before
' the enemy—a conviction, which( in, tones 'above the
t roar of the artillery, should have appealed' to his
soldier's heart to rush to the rescue. But, heedless
: of the summons, he turned, not towards, but away,
'from-his struggling companions in arms, in the di
rection of Manassas. - . ' '.'. • :'''''.' • . ' - "--- . • •
Must we seek an explanation otthis want of.sym
:pathy with the brave men who• were doing battle .
that day in the feelings, as shown, by his despatches,
. Which, unhappily, possessed him in reference to the
' army-of Virginia and its commanding generall'That
' Army, as he seems to have- been aware, was sent
forth not t(i capture. Richmond or to occupy the
South, but simply to harass and bffifie the march of
the overwhelming masses of the enemy, while the
Army of the Potomac was being extricated from the
• perils that surrounded it on.thepexiinsula—A service
which should not have' provoked a' sneer from the ,
', accused. 'lt cannot be improper to add, what the re
;cord will sustain me insaying, that so far as light"
is shed •upon the subject by the testimony, the Army
of Virginia appears to have nobly performed the ara .
duous and perilous work committed to, its hands.
Its campaign was brief, but marked by signal vigor
and ability, and animatedby a spirit which, shrink
. ing from neither toil nor exposure nor danger, brave
ly struck the enemy whe,nevereand. wherever he
could be found. ,
The' accused presents two general grounds of de
fence, which apply to all the accusations against'
him. They arc—first, his general reputation for zeal
and loyalty • and, secondly, the expression of satia
' faction with ' his conduct which General Pope is al
leged to have made at Fairfax Court-house on the
2d September.
In reference to the Snit, the testimony is full and
earnest as to his former services and character for
faithfulness and efficiency as an officer. The law
admits such proof in criminal prosecutions, because
a presumption of innocence arises from former good
conduct, as evidenced by general reputation. The
presumption, however, is held to be entitled to little
•' weight, except in doubtful cases. Where it comes
,into conflict with evidence that is both positive and
reliable, it at once gives way. ' • .
In regard to the second, Colonel Ruggles. testified ,
-that at the close of a conversation on 2d September,
at Fairfax Court House, between General Pope and
the accused, the General expressed himself satisfied
with his conduct, referring, as the witness believed,
to the transactions on which the present charges are
;based. Colonel Ruggles admits, however, that he
was not a party to the conversation ; that he heard
- it only in scraps, and endeavored not to hear it at all. '
,Gen.-Pope on the other hand, deposed that he was
not satisfied, and could not have been, and that the
' expression heard by Colonel Ruggles ,related to ex-,
.plaaations made by the accused as to certain &spa_
raging telegrams which he was understood to have
sent to General Burnside. In view of the relation
of these two officers to the' conversation, the court,
.of course, could not hesitate to accept the version of
General Pope as thetrue one.' Even if General Pope
'had declared himself satisfied, it would not have af
fected the status of the accused before the law. Hie
responsibility was to his Government and country;
and not to the commanding general. Nor can any
presumption arise against this proceeding from the
failure of General Pope to prefer charges against the
accused. It was his privilege to prefer them, but he
;was not bound to do so. He discharged his whole
duty when, in his official report, he laid these trans
' actions before his Government for its consideration.
This case has'been most patiently investigated.
If, in war, and in the midst of active hostilities, any
Government 'has 'ever devoted so long a period of
time—some forty-five days—Ao the examination of a
Military charge, it has not come • to my knowledge.
The court was not only, patient and just, but, libe
ral, and in the end, everything was received in evi- -
dence, which could possibly tend to place the' con
duct, of-the accused in its, true light.' It is not bee
lieved that there remains upon ,the record a single
ruling of the coureto which exception .could be se
riously taken. ' -• ' ',•
The. elute is. Important, not only because* of the
gravity of the charges and the dignity of the officer
arraigned, but. alecebeeause of the,fact that it ine
volves' a principle which' lies at the very founda
tion of all discipline and of all efficiency in mili
tary operations—the principle of military obedience.
A standard author, treating an this branch of juris
prudence, says: "Hesitancy in the execution of a
military order is clearly, under most circumstances,
a serious offence, and would subject one to
severe penalties; but actual disobedience is a
crime which the law has stigmatizdd as, of the
highest degree, and against which is denounced the
extreme punishment of death." (DeHart, p. 165.)
The same author continues : "In every case, then, in
which an order is not clearly in derogation of acme
right or obligation created by law, the command
of a superior must meet 'with unhesitating and in-'
stint obedience." So vital to the military system
is this subordination of will and fiction deemed,
that it is -secured by the most solemn of human
sanctions: . Each officer and soldier,' before enter
ing the service, swears that he " will observe and
obey the orders of the officers appointed over him;"
and it is from this, probably, that the offence of
disobedience derives much of the depth and dark
nese of the, criminality with which it ili stamped
by the *Articles of War: Obedience is, indeed,'the
veryjewel of the soldier's life. It adorns him more`
even than" laurels which . are so often plucked by
unholy hands. ' The soldier who has given to the_
order of his superior officer a promptian earnest, a
heartfelt support, has triumphed in the fteld of duty,
even though he may have fallen on the field of arms.
The offences for which the 'pleadings and testi
mony arraign the accused ,are the very gravest that .
a soldier can possibly. commit—being neither .more
nor less than the wilful violation of the orders of his
Commending general in the midst'of momentous and
perilous military movements, and the shameful
abandonment of a struggling army which it was his
solemn duty to support - in the very presence of the
enemy, and under the -very sound of his artillery.
The court was careful to give to the accused the be
nefit of all well-founded doubts that arose in their
minds; in reference either to the fact of dishbedience,
or' in reference to the measure of criminality' that
prompted it; and hence they found him not guilty of
the fourth and flfthipeciflcations of that charge ; and
in.the sense spirit, the fourth specification of second
- tharge Waiwithdraliin. , While; however, the court
felt, that oferimes such as 'these,. no officer should
be convicted 'but upon 'the clearest ' and most con
vincing proof of hie guilt, 'they must also have felt
.that the honor of the profession of arms, and the
most enduring interests of our common Government
and country, imperatively, demanded_that there
should be no acquittal when ' that'pruc hid been
MISSOURI. LEGlSLATURNotwitlistand
ing that the large majority of the Missouri Legisla
ture are radical emancipationists,",it. seems,.•from a
statement of the nativities of the members that only
11 are from New England,' While Kentucky claims
41; Mbniotri 23, Tennessee 17, - Virginia IQ, Georgia
12; North' Carolina 4,' and 4 .Arkangas I—making 114
1/1 all from the slave States out of the total. .omit
ting, the 23 Missourians there are still 91 natives of
other slave States, or a clear majority. Of the free
States, Penn_sylvania claims 14, Ohio 9, Neiv York
7,lllinbis 6, New England 11, Indiana 3—or 49 in all.
IMPRISONMENT, FOR DERT.—There is at
preee.nt; and has been for the last eight months, a
man, - forinerlj'a -prominent bininess man of this
city, imprisoned in our countYjail for a 'Aebt which
it is wholly out of his power-to discharge, his credi
tors paying two dollars per week for :his board, and
avowing their determination of;continuingto do so
during his life, unless the debt is - discharged. It is
clearly a persecution of an unfortunate,man, and
are glad to,learn that the !matter is..to ,be brought,
before theLiarneral,Ascerably, With; the object of.
inakii3g,a law,,to meet this mid airailaneasel!,,if tittere
is none at-present,e4lotinirmidttibkqto4o—z-Y
THREE CENTS.
DEpACTMENT OF THE SOUTHWEST.
Another S *Lecessful Expedition up the
gh' , er—Capture of Des Arc, St.
Charles, antA •Theyara Bluff—Our Vessels
300 mil es % Is the 'River—Rebel Officers
Captured at trkansas Post—Progress of
the, War in..,lolsouri—Rumored'Capture
• of G en e ra l m ari Nnaduke—Death of Gkeneral
m e n r i f ia-aphe B, 'talc at Hartsville, Mo.—
p r i n t e r a unga ge d —General Brown getting
Well, the.
WA!swrrio'reig, Jan. 24.. — The- Secretary eq the
Navy received The followli Ng to-day :
CAIECY, Jan. 23.
Z have fust (+Slat? P. M.) rt Npeiveti a telegram from
Memphis, Tennessee, from a othW Rear Admiral D.
Porter,..on board the Unites i States steamer Black
,Ilawkomouth of White river, „lr,se. 20, as folrows :
"We 'htive takes st . Buval , s lAufe, and
Dee Arc, and' the'ligEt drafts are ; Wrer three hundred
miles a bove the-moo ele of the. In abarfver. The• De.
.Zient.' CominauderWalker,l septum& at Dii- -
vaPa .131aWtwo 8-iaele pine with ca Triages, attsmuni
`tied tic. two hundred field rifles, ee'd three platform
:dare ; an d as Deskrove•eaptured th.'SV-atzie pnisn
aerai and &quantity of rams and amnvenition.
A. L. pIiNI 4 TOOK,
“Fieei - ,Captain.tr•
CONPEDfiRAiT.E I ovrtemes CAPTVRED • Afr
knit/MS/LS •
The following offiaers, be/longing to theNdonfedo ,
late navy, surresidered•theity arms to our navel offi
cers at AskansturPost, January 12: •
John N. Dunningtori, aolbnel coma an bri
gade, and*.first lieutenant El S.. N., commanding
'naval forces ;• Josepli:Preble; acting nuator 00. $ N.
.Frank Ranger r do..; P. 141. Belly, first lieutenarlaud
brigade ordnance officer and• midshiptratfi do. 7.
M. Bead, assistant,' surgeon • W. S. Campball, trustjat•
and quartermaster. 71d. brigade and captain's clegft. •
Howell Quigley, remind assistant engineer; Sam•:*f
!third' 'do.- do: ;!,Jonepti . Nutter, mastei;rn•
irate; H. N. Bang,.captain'irsteward; Geo.•Elliotff, '
ffieDonald; boatswain's mates ;- W. G. Fisher„
master , atttrots;-(3lifiriew Lettin ordnance master
'John B. Horsett, do.; Michael Emmert, do.; John ;
Shepliard, do ;:andtwenty petty officers.
ANOTHER LIST OP REBEE. OFFICERS CAP
' TIMED ST PORT EI:MDMAN...
, .
Artßwxsns Post,- 116381-The steamers
John J. Roe, Nebraska; and SarnCety, arrivedat St.
Louie-era the 23d inst:ovitt nearly 5;000 prisoners of
-war aboard. Thierruraber comprises 4,160 captured
at ArkansturPost;.64 shilorefrom the steamer Pon
chartrain, and - 11rkriten cipttired , at Vicksburg; the
sailors and tlie:Vicksbtagptisonere not being on the
Rat which we present below.
The 4;760 Prisonerefront•Arliansaw Post' comprise
only those able for• duty, here- being, 600 sick and.
wounded on'the steamers-DP Vernon, latan D. A.
Santiaiy), and. City , of :L -ouisiana. The following list
contains the names crfiall the • prisoners, captured at
Arkansas'Post, with' the exceptiOn above named.
Major W. D. Sangeri 4rispector• general of the 16th
Army' Corps, has- charge of these prisoners. He
came up from Cairo 'on Thursdayi evening by rail
road, and blnught with' him. Generai - Churchill and
staff, all of whom are' now in, the- Gratiot-street
prison at St: Louis.
The prisoners - orr•the Nebraska- and' Sam rarity
Were guarded by' the 84th lowa Regiment, Colonel
Clarke. Thoseon the John J. Roe were guarded by
live _companies, of ' the - 13th Illinois Regiment, in
commend of - Mal:Kirby; of thelibhhMiesouri. What
diSposition will be made of this- largenumber of
Prisoners we have not bten informed!
"THE ROSTER."'
T. J. Churchill, brigadier general. • '
B. S. Johnson, captain, A. A. 0-; and ohief of staff.
J. K. P. Campbell, major, A. C. S;
O.H. Smith, major, chietsurg., ormedl.director.
J.J. Gains, captain, chief of artillery.
A:-J:Little, captain, chief signal °rater.
J. M. Rose, Ist lieut., chief ordnance Otter;
A. H. Sevier, Ist lieut., A. D. 0;
Z. Farr, captain, Vol. A: D. 0.
J. D. Smith, Ist lieut., Vol. A.
E. McGuire ' "acting " lieut., private secrettiry.
R. Fifthugh,.captain, Chief engineer.
B. F. Blackburn, captain, inspector general!
5: J. •Richardkon, captain, detached frormelleme , my.
Roger Q. Mills; colonel, 10th. Texas..
James R. Taylor, colonel, 17th Texas,. dismounted
- cavalry.
C. C. Gillispy, colonel, 55th Texas.
E. Portlock, Jr., colonel, 24th Arkansas: ,
C. Deahler, brigade commander;
Garland, " . "
JOhn T. Coit, lt. col. 18th Texas, dismountedtavalty.
W. M. Newland, but: col., 25th Texas:
A. S. Hutchineon t lieut. col., 19th Arkansas:
S.C. Brasher, major, 10th Texas.
Valerius C. Sanders, major, 16th Texas, dismounted
° cavalry. "
A. B. Phillips, Jr., major, sth Texas.-
W. B. Hardy, major, 24th Arkansas.
D. H. Hamilton, major, 19th Arkansas,
J. A. Willingham, adjutant, 10th Texas. ,
Michael Rennard, adjutant, 16th Texasr.dlemountedl
cavalry. •
G. L. White, adjutant, 24th' Arkansas:
S. J. Garland, adjutant; 6th Texas.
P. D. Griflin r adjutant, 21st Texas.
.Nicholas H. Darnell, adjutant, 113th Tdxasr dismount
ed caval ry. James A. Shaw, adjutant, 17th Texas, diSmounted•
• Cavalry.
W. R. Dupuy, adjutant, Crawford's Arkansas.liat•-
talion.
J. DI. Barker, quarterma - ster, Sappers and Miners. -
H. C. Smith, quartermaster, captain, 19th Arkansas:
Dan. A. Connor, quartermaster, 21st Texas.
Jonathan R. McDonald, quartermaster, captain, 10th
Texas.
E. S. Wheeler, surgeon, 25th Texas.
,P. B. Warren, assistant surgeon, 24th Arkanas. .
Zt. 7.: Perdue, assistant surgeon, 24th Arkansas,
1C A;. Woodson, assistant surgeon, 21st Texiis.
;G. W. Taylor, assistant surgeon,
.21st Texas.
•Jefit. Plekerts, assistant surgeon', 25th Texas. •
U. B.• Harvey, A. C. S. and lieutenant, - 6th Texas:. , .
..Tolin.Y. Rankin, A. C. S., captain, 25th Texas:
WHAT IS ARKANSAS •POST)
. The" Arkansas Post" taken by . Our troitros. Is. an.
old French village. Instead of being situated- on, a
"high bluff," it is scarcely two feet above high.water.
mark. It has neither court house nor jail, and• its
inhabitants consists of five families, in that number
of houses ; one of which is' a tolerably respectable
two-story brick, with stone front, and seven years
agcrwas known as the " Real Estate Bank. - of Ar
.kansaii." The town is on the north bank of the.
Arkansas river, sixty-five miles from its mouth.
• THE WAR IN MISSOURI.
- BEADQVARTERS CENTRAL DIVISION, MISSOURI,
• JEFFERSON CITY, Jan. 29, 1863.
To the Editor of The Press:
Herewith I enclose you for publication an.oilicial
,communication, just received from Colonel Penick,
sth Cavalry, M. S. M., commanding at jadepend
ence, that the comm Unity may understandllffilitnow
the kind of foe we have to contend with in. Mis
souri, and whether peace rules supreme within her
border. ,
How very pleasant the reflection that in the en
durance of all the hardships imposed by our rulers
in theft- attempts to conciliate traitors,. upon the
loyal inhabitants, li ..that it is a necessity, to. enable
them hereafter to live in harmony with such demons
as those who have perpetrated these outrages. The
devils in hell, by comparison, would show as bright
angels of light by the side of such men,
Respectfully, • BEN LOAN,
Brigadier General, M.. S. M.
•
BEANTIARTERS STH CA7ALRY 111. S. m..
..INDEPENDENCE, Mo., January 11.•
Fr GENERAL: Private Johnson, of theartillery com
pany, was brought in dead to,day. He is the Nth
one murdered last week; four friam-theartlllery and one
from the militia. If. you could see their mangled
bodies you would not-wonder why it is that I write
you that guerillas' wives shouldibe forced out of the
country. They weraall wounded, and killed after
wards in the most horrible, manner•that fiends could
devise; all were shot in-the htuuk and several of their
faces are terribly, cut to. pieces with bdot heels.
Powder was exploded in one. man's ear, and both
ears cut off cicise to his head, - Whether this inliu
. man act was committed whilehe was alive or not, I
have no means of knowing. To see human beings
treated as my men have been by outlaws, is more
than I can bear.
Ten of these men, armed as they are, with their
wives and children to act as spies, are equal to
twenty-five of mine. . Guerillas are threatening
:Union women in , the county— I am arresting the
wives and sisters of some of the most notorious
ones to prevent Mei:whom carrying their threats'into
"execution.. They have also, levied an assessment
upon the loyal men of thocounty, and are.collecting
it very fast. There are many complainls on the
subject, as some of those assessed claim to be South
ern sympathizers. Some of the Union men have
asked me if the order suspending your assessment
applies to the one spoken of above. I tell them I
do not know, to ask J. Brown Hovey
Yours truly, W. R. PENICK,
Col 6th Cavalry M. S. N.
•Gen. Brea. LoAN, - .Tefflirso ls 0ity0.26. •
. true copy _: •
Ff. W. SEVERiNCE, Lieut. and A. D.C..
CONDITION OF GEN; BROWN.
• Sritizroirixr..D, M. 0., Jan. 18, 1863.
To Major General Euclid:
General Brown is very decidedly improvilfg. He
sits up, reads the newspapers, and enjoys his cigar
almost as well as before the battle.
General Herron is slowly improving, but is con
fined to his room most of the time.
, S. H.ATELCHER, Medical Director.
GEN. CTIRTIS COMPLIMENTS GEN. BROWN
AND THE PEOPLE OF SPRINGFIELD. •
• HEADQUARTER., ST. Louis,
Anuary 12, 4 P. M., 1863.
To Brig. Gen. E. B. Brown:
.Despatch of the 11th, via'Sedalia, received. Your
gallant and succeiisful defence of Springfield has
added to the glory of the Bth•of January. The troops
and people of. Springfield, who participated in your
efforts, have given imperishable proof of their devo
tion to our cause and country, and the State of Mis
souri will cherish your memory.
S. R. IDUETIS, Major General.
REPORTED DEATH OF THE REBEL GEN.
McBRIDE
It is reported in Lebanon, by persons who re
cently returned from Arkansas, that the rebel Briga
dier General Mcßride is dead. It is said that he died
at Ozark, Arkansas.
RUMORED. CAPTURE. OP MARMADUKE.
At headquifters of the Department of the South
west, at St. Louis, a despatch had been received to
the kiirport that part of General Herron's forces in
the L-)outhwest had succeded in:capturing,lVlarmaduke
and a portion of his command, by intercepting their
retreatinto Arkansas. The statement Is, however,
regarded as needing -confirmation.
PRINTERS •IN THE BATTLE OF HARTS
.. VILLE, MISSOURI.
CFrom,the Springfield Missourian, Jan. L3.] .
Seven resident printers of this place participated
in the battle of the Bth. They all belonged to the
enrolled militia, and, we are proud to Bay, acquitted
themselves in a manner honorable both to the craft
and the enrolled militia.
Corp. Boren, of the Journal, was wounded in the
head arthe commencement of the engagement. Maj.
Graves, of the same offide, was mortally wounded,
while performing his duty, long before. the. battle
ended.. Capt. W. regi mentalquartermes
ter, assisted in rallying and encouraging themen in
the early part' of the day, and had several narrow
escapes. •
Pour printers from the Missourian office were en
gaged in the conflict from, its commencement to, its
termination; and had the good; fortune not to get
hurt.. Sergeants 'William Gott and A. G, Patterson
merit special mention for their gallantry. The
former was one of theleaders in the charge on the
enemy. •
Four non-resident printers, on 'duty here, also
took part in the engagement, and proved to be " true
grit,' , and came off without a soratoh.
At the breaking o$ of the rebellion, Springfield
had four printing ()aces, three of which were Union.
Three of our resident printera are in the United
States service, twa of ;them being lieutenantain the,
Eighth Cavalry.
. .
RUSSELL AND THE GEBSIAN.:-Russell, in
'his diary, gives the following account of a reception
hegot at the hands 'of a German soldier: On the
Ist ofSeptember a dirty German soldier called out
from the parapet ,of an earthwork .over the Long
Bridge, 'Pull Tun - Russell,' and at the same time
cooked his piece and levelled it. Russell immedi
etely rode around Into the fort,- the fellow still pre
' senting ,biallrelock, and asked.him what he meant,
at - the :same time calling for the sergeant of .the
gifittd,Who Caine at.onoe, and adds request arrested
theisfaxicWho recoVered arms and said, 'lt was a
chi:4l*i -'want •to freeken Bull Run Russell.' As
thewan's rule; was capped and loaded, and• on full
cock, 4usßell, did not see the fun of the proceeding
seelearry;.arid urged iCia 'investigation into his con
. difct;tirbich' he did not, howeTer; think it necessary
to pursue."
THE WAR PRESS.
(PUBLISRED
Tan Wait Passe will be sant to subscribers by
mail (per annum in advance) $2.00
Five " "« 9.00
Ten 17.00
Twenty Copies " 32.00
Larger Clubs than Twenty will be charged at the
same rate, 01.50 per copy.
The money must always accompany the order, and
in no instance can these terns he deviated from. as they
afford very little more than the cost of the paper.
Air- Postmasters are requested to sot as Agents for
Tits Wei Paces.
Sir To' the getter-up of a Clnb of ten or twenty, ea
extra copy of the Paper will be given.
ARMY OF THE POTOMAC,
Account of the Recent Movement--The
Storm—The March through the
The Return to Canty, &c.
HeanQuAirralts, BANIE's Fano, ENYVaitAltaVert,,
Friday morning, Jan, 23,—From Thuradair, Jan. Ili,
the army was under orders to be ready to march at
an hour's notice.
Tuesday, the 20Th was the breaking-up day. Oa
that day the roads were in tip-top order the Weather
cold and clear. The men were so glad to move' that
they pulled down their log-hoinsea Midi:other shelters;
set fire to the chimneys, barrels, &c., thrbugh the
camp, though orders were' issued not to' dci so: One
brigade set fire to the guard-house, And had a regu:-.
lar fire scene over the cOnflagration,
sport.
THE. FORDS.
For softie days previously tOthentoTemelitof the
Army, extensive recelinoissalietri had' beeh olu‘riete
en • the country Was Slapped, the ford's were oars
selected, roads opened; and brush' cletered away
on the bluffs comniandril:g the riv'ef, its (Ohio, and'
thd - shore opposite. All Oita watrAinnesenietlyanir
in tile bight.
The points selected for erossinglay about seven
rhiles' above Fredericksburg, near Ifirnks , Ford and
tpe old United Sfttea , Forble. . The crossing Wee to'
be made., at three places. N'ere the river; by an
abrupt. bend, forrnel ah ox-EoW .first en the rebel
side, and then anofler still . rile* abruptly oil this making a huge - letter Si - a nd;'beriding away
to the south, gave us WVOrtfav'erlible'plotefor an
enfilading Are upon anletrilciintristiOn Of troops on'
the opposite side. Tile high baktilis on" thiti side,
oreercd with a thick gfi tiWth billftbnaheic enabled
AV) place our batteries ilictiticeided Sad coikebiaitil:
'positions.
THE
Alt 9' o'clock, on Tuesci§f fiast • aft& the'
bligikihad sounded for "out.2iihfs,” a Vrrrible storm' ,
burstlfpon our heads. It Vetufa norraraitef ;. Tata •
fell iv torrents, and the wind'bleWa Whble gale: It
was itipoisible to keep up fiat ; we lay'all night by
the' wire, and woke up for a - nitirch, Wedneiday
morniifs, at early daylight.
•
Trill' MARCH THROT.Id* I TEE BMA
• ITU 'mire was terrible. It•Wbratill raiding and
ntiltmingl.the nbrtheast gale "didvisot; in fact, break
up ttill Friday morning. At ev'erYllarn or rise in the
rthiti 'a wagon or caisson was seen sticking fact, and
and'inules were down in themire and unable •
•torildie. T'A r s roads; which had be hard and good
luAl'S little' while before, were ' a sticky slop', In
ev . sYY.gtilly Batteries, caillsons,nupN wagoiatosni- 1
btu: Slices, and' pontoons were 'mil <•• • Hams and •
Mullett 'sank up•to their bellies iii the land ; • soldiers -
on t 3 3 0. march d'aandered about, sinkingte the knees
at al 8t ever7step. It wasiniPaitaibilirth draw an
empty Wagon tilrosigh this dreadful muds • The whirle
army wile stucli fast.
I role 'along tlieside of the road, matteklny ivar
to the Vont. I fbund•the men turning off the maim
road to Beek less , worn and slushy 'WOWS) at every
opportutlity, but - with no success. The'brusli was
nearly arbhil as tile main•rond.
GEgkRitI;•HOOKER IN THE MI. JD. •
When Itgbt within about two miles*Of tX'river I
came i.ipon- sceneof confusion worst' then I had seen before!' In a•deep gully, and on the hill-tide,
where the road ascended, were stuck ladle the mire
more than w'dozen caissons, guns, amtnunitien and
forage wagons; and' se of the great liead4uarter
wagons. Teamsters-were cursing and '
cracking their'
whips, horses- and' mules were floundering in the
mire, strings of 'soldiers were dragging at lorig•ropes
fastened to each. side of the wagons, to 'helP.A4em
forward ; and Tfanciedthat the while; men, wagons,' -
guns mules, soldiers- end all, were gralitifilly disap
pearing from aighTin the mud. .
As I. picked my way along I saw 'a horseman' .
covered with mud'itore cap to stirruNwhoin - I took
to be an orderly, and. a very filthy One 'at that. • lie
was ordering a teamster to unhitch his Mules and
take them to the• front, to help another team out
which barred the way. I sat and watched the 'one-
ration for a while, and listened to the orders, whit&
began to bring _a littleitope of extrication to this be- -
mired train. Presently I got &glimpse of the sup
posed orderly's face; .and saw that it was 'no leas a
person than Generaltilooker. He was drelsed in a •
black waterproof coat and was plastered with the '-
ochrous mud, so that lie was scarcely recognizable.
His presence and vigorous orders set matters going
again, and while he remained there the'sea of mud
began to wriggle and move, reminding 'one of the
general movement on Er piste of molasses covered
with flies, when, by reason of some general alarm,
the flies make a unanimous struggle to get away.
Slocum, Stoneman, Griffin, Sykes, Humphreys,
Franklin, Burnside, were all in the front ; all doing
.their best to get the wagons through, and all covered
with mud. All day long it was one contained and •
exhansting struggle with the mud—an enemy - worse
then the'rebels. Wednesday night the tired troops
lay down in their blankets:
It rained all. night. Next morninr(Thursday).it
Was deternard to concentrate the pontoons' at
Banks' Ford.. 'Near this; ford the river banks are •
high, and form a table-land or ridge, up to which the
guns mad pontoons were dragged, all next day, by
the united labor of mess' and horses. - -There the
veiled Was somewhat more firm.
Bran was now Been that the approaohes out to •
the river were. impraetiesble.. The mud in these
freshly-ent roads was toe deep. The fords were not
attainable. The river was too much swollen ,• but
horses, wagons, and guns,. mold not be taken down- .
to the water.
However,the roads were pretty well cleared of
wagons and other impediments, on Thursday, every
thing being dragged up to the higher ground, and on
that night the men camped in the woods nearby - and
all around. Here the sturdy woodsmen went in
with their axes, and generally made a (flea - film: their
huge tires began to shine out, and something like
comfort began to prevail in this ocean of mud.
Rebel camp fires were - risible during the night on
the other side of the river,
.Th'e work °Unloving-the, pontoons had been stop
ped,.and they , rested on a.high..blufr a hundred rods
back from the river. Thirrsday it began to be ru
mored.that we.were to return' and give up the at
tempt. On that night Generals .Burnside and
Hooker returned, and the cavalry and light artillery
were ordered back.
This (friday) morning Gen. Sumner's grand di
vision, which had been holding itself ready to march
daring the whole time, received orders to unpack
and again encamp. They had not left. their
camp grounds, but still remained in front of Frade
.ricksburg. •
THE RETURN TO OADIF.
This morning the stragglers are gathering •up,: and
the stray batteries and wagons are filing in," while
brigade after brigade is preparing for the,return.
As I quit camp all is busy.. Before this is published
the major portion of the army will again be in camp
before Fredericksburg.—N. F. Evening Poe,
ARMY OF THE CUMBERLAND.,
Operations of the Rebel Cavalry on the
River—Shooting of Col. Stokes, .ke,
NasnvlLLE, Jan. 24.—A fleet of steamers left here
yesterday afternoon, and last night, when opposite
Bettstown, they were 'fired into by the rebels with
three field pieces posted on a bluff • The gunboat
St. Clair engaged the enemy, who were driven to the
woods. The fleet has arrived safely at Clarksville.
Colonel Wm. B. Stokes, of the First Tennessee
Cavalry, in a personal difficulty yesterday at Mur
freesboro, was shot by Captain Fleming, of the same
regiment, and seriously wounded. Captain Fleming
has disappeared.
Another Address from F. W. Hughes--
Pennsylvania Again Recommended to
Unite with the South.
To my Democratic Friends in Pennsylvania:.
The sympathy enlisted in my beh because.of the
Abolition persecution through which I have passed,
and my known views in regard to th,e future .of our
afflicted and misgoverned country,. has. evoked ex
pressions of regret for my defeatin the recent con-.
test for United States Senator. Let me assure you
that you have but little occasion for. any regret on
that account, butgreatcause for congratulation that
a gentleman of such surpassing ability and sound
constitutional and State-rights views' AP. the Hon.
Charles R. Buckalew has been selected. : I have ha&
comparatively little other feeling or anxiety on the:
subject of my election than that, perchance, I might,
in the position sought, be the humble instrument;
under Providence, in serving my native State and .
our common country.
I believe that God has engraven, on the facie of
this Western continent, so legibly that -ail: should
read 41' ) that the territory from-the mouth of. the
Mississippi to the head waters of its tributaries, as
well as such as flank this apace and afford outlets to
the Atlantic and Pacirlq. oceans, ,must 'be forever
governed so as to confer on. every part free oom
mercial intercourse throughout the whole, and qm—
obstructed navigation of its inland waters. So,. too,
such country should always be provided svithmeans
for common defence and 'to promote the general
welfare.),
The Union as it was, and the Clonstitution..as it
would best accomplish all this, if Abolitionism
would permit.
• White our national glorg would be best promoted by the.
"preservation of our present political rela ions with, the
New England Stales, yet if they will insist upon • the de
struction of the Union by the sulditgaticm of the Southern
States or by their separation from them, T ram. reedy to
yield to Me latter rather than to the foriner•ofrsuch. alter
natives. The New England States. constitute the
seat where the doctrine of :secession was. first as
serted; they are the hotbed in which has been propa
gated all the heresies that have produced national
discord; they are our rivals in coramereaand! manufac
tures, and Mc sacrifice of submitting to i their stFaralion
from us would be much Less than that of, our separation
from the Great South and West. It is impossible for
the Western States ever to permit-the control of the
mouth of the MississiPPito be lodgettin•the hands
of an independent Government. Their destiny is
inexorably linked with a flee tr:wislt through the
great inland navigable waters- that river and. its
tributaries afford. The future prosperity of Penn
sylvania is alike dependent on her connection with
the • t West.
Itbout professing , to speak or to knozir the views
of Mr. Ilucicalew on these points, yet my confidence
in his devoted patriotism and' comprehensive states
manship, gives me assurance that he does not essen
tially diffbr from those above stated. I know that
he condemns the Constitution and Union-destroying
1:45114 , 9f the Abolitionists. lam quite confident he
agrees with me that-timnwinsures aM policy now di
rected by Abraham Lincoln, more than any other,
have brought us to•our impending ruin, He has the
ability.to present in the Senate of the United States
the solemn protest of Pennsylvania against those
measures and policy, and. I trust the courage and
energy to see that such protest is not in vain.
Thore is yet abundant work for the true men of
Pennsylvania to do, to protect her true interests and
maintain the identity oilier political and nettle/41
bonds. To this good work I' shall, as heretofore
devote my humble efforts. F. W. HUG - HES:
Pottsville, Jan. 14th, 1863.
MUSICAL Am) DRAMATIC.
-.- Alias Laura Keene and combination ope•aadgati
the Howard'Athenteum, Boston, on the 19th i , i , i n .
"Old Heads and Young Hearts."
,-- Mr. George Vandenhoff commenced a . seriea or
"Readings" at Willard'i3 Hall, "Washingtrtha , the
19th Inst.
Mr.. E. L. Davenport, the popUl Aploriean
actor, assisted
,hy Mrs. E. L. Davvaport, gave,
some select "Reildings" at the BrookkpbAthenatuin.
on the 19th inst. 4 • • ' -
The Bateman combination' • eommenced. at
Niblo's Garden, New.Yorlc, on, t ) ,st,imb hug., in.the.
new play Of "Leah, the Forsalcirao-wipLlVljestitge.
man as Leah. •
Mr. and • Mrs. Barney W comlnenee a n .
engagement at Washington, C, thin evening.
- 7 Mr. and Mrs. F.,l3y:Car.ocay. are. playing- at. the
Metrapohtan; Bisiffaio. •
Illondin leaves Engl34 i*Februars to fulfil a
series of continental eatogements.
4 , 3. Wilkes BootbZa gagagemenP. at Wollaston
Museum has been rex sppeessful.
The most Pzer.kimint Preach dtaa;kailata W de.
parted this life, lie ,14341, are*: Da Conroy, G:ttsiare
Vaez, the Sen.*. sSrriere , euelek4ilaa , E4 14autzen
eon., and ParW r • - • ",
The 1t.m3104A ladieshave published aoiroular at
Vienna, Tekterating th4# getormination to eaurqe
nance ea theatre NAMPA altrie4l l OTC the litage
•

Pennsylvania Newspaper Archive