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 •
Significant historical Pennsylvania newspapers