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killed, the artillery making roads through them. | is alike due to myself and them. I have the Some of the escaped cavalry fear that the fact of my indictment and consequent arrest, greater part of the cavalry and also the militia having been agreed upon for this week, from force fell into the hands of the enemy before distinguished citizens, legislators, and lawyers the pursuit was abandoned, while others think at Nashville of both parties. Gentlemen of that but few, except the wounded, were taken high position and members of the secession prisoners. I am of opinion that the latter will party say that the indictment will be made beprove correct. The enemy had about three cause of some treasonable articles in late hundred cavalry. numbers of the Whig." I have reproduced those two "treasonable articles" on the first page of this issue, that the unbiased people may "read, mark, learn, and inwardly digest" the treason. They relate to the culpable remissness of these Knoxville leaders in failing to volunteer in the cause of the Confederacy.

The enemy are, no doubt, once more in Romney; and some of our citizens fear they may extend their visit to Winchester-forty-two miles being the distance-but I have no such fears.

According to the usages of the Court, as heretofore established, I presume I could go free by taking the oath these authorities are administering to other Union men, but my settled purpose is not to do any such thing. I can doubtless be allowed my personal liberty by entering into bonds to keep the peace, and to demean myself toward the leaders of secession in Knoxville, who have been seeking to have

A militia force left there this morning in the direction of Romney, to check them if they should have the temerity to advance in this direction. The cars have gone to Charlestown to bring some troops from that place to go also toward Romney. Of course our people regret that the enemy have for once "stolen a march on our men," and given the invaders some cause to " crow;" but I predict that, when we shall be in possession of full details, it will be found that they have but little to rejoice over. The Richmond Enquirer, of the 30th of Oc-me assassinated all summer and fall, as they de tober, says that a letter from Jackson's River to a gentleman in that city, written on Saturday evening, the 26th, says a report had reached that place to the effect that Gen. Floyd had attacked the Federal forces at the mouth of the Coal River, killing some five or six hundred of them, and taking a number of prisoners. Floyd is said to have lost three hundred in killed and wounded. The writer of the letter referred to does not vouch for the truth of the report, or any part of it, but says it was credited in the main at Jackson's River on Saturday.

The same letter speaks of the passage of Loring's command through Lewisburgh on Wednesday, upon a forced march, to reinforce Gen. Jackson at Greenbriar River. This is said to have been in consequence of a despatch received by Gen. Lee from Gen. Jackson, giving an account of the movements of the enemy in the locality of the latter.

-Louisville-Nashville Courier, Nov. 1.

Doo. 108.

BROWNLOW'S ADDRESS.

sire me to do, for this is really the import of the thing, and one of the leading objects sought to be attained. Although I could give a Lond for my good behavior, for one hundred thousand dollars, signed by fifty as good men as the county affords, I shall obstinately refuse to do even that; and, if such a bond is drawn up and signed by others, I will render it null and void by refusing to sign it. In default of both, I expect to go to jail, and I am ready to start upon one moment's warning. Not only so, but there I am prepared to lie, in solitary confinement, until I waste away because of imprisonment, or die from old age. Stimulated by a consciousness of innocent uprightness, I will submit to imprisonment for life, or die at the end of a rope, before I will make any humiliating concession to any power on earth!

I have committed no offence I have not shouldered arms against the Confederate Gov ernment, or the State, or encouraged others to do so I have discouraged rebellion, publicly and privately-I have not assumed a hostile attitude toward the civil or military authorities of this new Government. But I have committed grave, and, I really fear, unpardonable

THE Knoxville Whig, of October 26th, con- offences. I have refused to make war upon the tained the following:

This issue of the Whig must necessarily be the last for some time to come-I am unable to say how long. The Confederate authorities have determined upon my arrest, and I am to be indicted before the Grand Jury of the Confederate Court, which commenced its session in Nashville on Monday last. I would have awaited the indictment and arrest before announcing the remarkable event to the world, but, as I only publish a weekly paper, my hurried removal to Nashville would deprive me of the privilege of saying to my subscribers what

Government of the United States; I have refused to publish to the world false and exaggerated accounts of the several engagements had between the contending armies; I have refused to write out and publish false versions of the origin of this war, and of the breaking up of the best government the world ever knew; and all this I will continue to do, if it cost me my life. Nay, when I agree to do such things, may a righteous God palsy my right arm, and may the earth open and close in upon me forever.

The real object of my arrest, and contemplated imprisonment, is, to dry up, break down,

silence, and destroy the last and only Union paper left in the eleven seceded States, and thereby to keep from the people of East Tennessee the facts which are daily transpiring in the country. After the Hon. Jeff. Davis had stated in Richmond, in a conversation relative to my paper, that he would not live in a Government that did not tolerate the freedom of the press; after the judges, attorneys, jurors, and all others filling positions of honor and trust under the "Permanent Constitution," which guarantees freedom of the press; and, after the entire press of the South had come down in their thunder tones upon the Federal Government for suppressing the Louisville Courier, and the New York Daybook, and other secession journals, I did expect the utmost liberty to be allowed to one small sheet, whose errors could be combated by the entire Southern press! It is not enough that my paper has been denied a circulation through the ordinary channels of conveyance in the country, but it must be discontinued altogether, or its editor must write and select only such articles as meet the approval of a pack of scoundrels in Knoxville, when their superiors in all qualities that adorn human nature are in the Penitentiary of our State! And this is the boasted liberty of the press in the Southern Confederacy.

I shall in no degree feel humbled by being cast into prison, whenever it is the will and pleasure of this august Government to put me there; but, on the contrary, I shall feel proud of my confinement. I shall go to jail, as John Rogers went to the stake-for my principles. I shall go, because I have failed to recognize the hand of God in the work of breaking up the American Government, and the inauguration of the most wicked, cruel, unnatural, and uncalled for war, ever recorded in history. I go, because I have refused to laud to the skies the acts of tyranny, usurpation, and oppression, inflicted upon the people of East Tennessee, because of their devotion to the Constitution and laws of the Government, handed down to them by their fathers, and the liberties secured to them by a war of seven long years of gloom, poverty, and trial! I repeat, I am proud of my position and of my principles, and shall leave them to my children as a legacy, far more valu. able than a princely fortune, had I the latter to bestow!

With me, life has lost some of its energyhaving passed six annual posts on the western slope of half a century-something of the fire of youth is exhausted-but I stand forth, with the eloquence and energy of right to sustain and stimulate me in the maintenance of my principles. I am encouraged to firmness, when I look back to the fate of Him "whose power was righteousness," while the infuriated mob cried out, "crucify him, crucify him!"

I owe to my numerous list of subscribers the filling out of their respective terms, for which they have made advance payments, and if circumstances ever place it in my power to dis

charge these obligations, I will do it most certainly. But if I am denied the liberty of doing so, they must regard their small losses as so many contributions to the cause in which I have fallen! I feel that I can, with confidence, rely upon the magnanimity and forbearance of my patrons, under this state of things. They will bear me witness that I have held out as long as I am allowed to, and that I have yielded to a military despotism that I could not avert the horrors of, or successfully oppose.

I will only say, in conclusion-for I am not allowed the privilege to write-that the people of this country are unaccustomed to such wrongs; they can yet scarcely realize them. They are astounded, for the time being, with the quick succession of outrages that have come upon them, and they stand horror-stricken, like men expecting ruin and annihilation. I may not live to see the day, but thousands of my readers will, when the people of this once prosperous country will see that they are marching, by "double-quick time," from freedom to bondage. They will then look these wanton outrages upon right and liberty full in the face, and my prediction is, they will "stir the stones of Rome to rise and mutiny." Wrongs less wanton and outrageous precipitated the French Revolution. Citizens cast into dungeons without charges of crime against them, and without the formalities of a trial by jury; private property confiscated at the beck of those in power; the Press humbled, muzzled, and suppressed, or prostituted to serve the ends of tyranny!-the crimes of Louis XVI. fell short of all this, and yet he lost his head! The people of this country, downtrodden and oppressed, still have the resolution of their illustrious forefathers, who asserted their rights at Lexington and Bunker Hill!

Exchanging, with proud satisfaction, the editorial chair and the sweet endearments of home for a cell in the prison, or the lot of an exile, I have the honor to be, &c.,

October 24, 1861.

WILLIAM G. BROWNLOW, Editor of the Knoxville Whig.

Doc. 109.

REBEL SEQUESTRATION ACT.
JUDGE MAGRATH'S OPINION.

IN the Confederate Court, at Charleston, S. C., the following proceedings were had on the 24th of October:

Judge Magrath delivered the opinion of the Court with regard to the questions raised_by Messrs. J. L. Pettigru, Nelson Mitchell, and Wm. Whaley, Esqrs., as to the constitutionality of the Sequestration Act.

The Judge, before giving his opinion, in some preliminary remarks, alluded to the great ability with which the questions raised had been discussed, and said that in the decision he was about to render he had been assisted by the labor and impressed by the zeal which had been

J

exhibited in the arguments. While he enter-
tained no doubt that he had reached a conclu-
sion altogether reconcilable with and supported
by authority and reason, it was competent for
the parties to refer to another tribunal the cor-
rectness of this decision.

The Judge then proceeded with his opinion,
which was listened to with the closest attention.
The main point decided in the case was that the
Sequestration Act was the constitutional exer-
cise by Congress of the power given to it un-
der the Constitution of the Confederate States
to declare war and to make rules concerning
captures on land or water. The power to con-
fiscate, or otherwise deal with the property of
enemies, within the territories of the belligerents,
in time of war, belongs to every nation; and
that power, in these Confederate States, was
given to the Confederate States under that por-
tion of the Constitution which gave it the
power to regulate captures. In this general
power of confiscation, debts are not to be ex-
cluded, but are to be regarded as another species
of property. There was no foundation for the
argument that the power to confiscate in time
of war was in the States and not in the Con-
federate States.

The exercise of that power in the States-if it could be supposed to be there-would be so controlled by the treaty-making power, and other powers which belong to the Congress of the Confederate States, that its exercise by the States would be subject to control, and, perhaps, prohibition, as would be inconsistent with the idea of the sovereign power of the State or nation.

The Sequestration Act operates directly upon the property mentioned in the first section of that act. By the terms of the act the sequestration of all such property was complete, and such property by that Act of Sequestration becomes as absolutely and lawfully the property of the Confederate States as if the title to it had passed from its former owner for a valuable consideration.

Doc. 110.

SOUTHERN FOREIGN POLICY. OPINION OF THE "CHARLESTON MERCURY," OCTOBER 26, 1861.

No one will dispute the gravity of the questions which attach to our foreign relations. But these questions have been, so far, and very naturally, subordinated to the great question of our very existence, which the fierce threats and enormous preparation of the Government at Washington might well put in doubt. But, although the threats are as loud as ever, the great army which was to have put them in execution has broken its ranks forever-no trumpet will call them to battle again; and, however new forces may be mustered and new generals commissioned, the decree of Manassas cannot be reserved. There may yet be much bloodshed and much suffering, but our independence is assured. It is time, thereore, even in the press and hurry of the war, to consider what our relations with the world are to be.

Very soon after the establishment of the Government at Montgomery, three commissioners were sent to Europe. The character of their instructions the public does not know. We only know who they are, and, from a brief reference in the President's message, that they were sent to England, France, Russia, and Belgium. The mission, we now fear, was premature. Whatever may be the final result, it is certain that neither Southern politics, Southern statesinen, nor Southern resources were sufficiently well understood in Europe to secure an early confidence in our success. Europe knew the United States, one or two great Northern cities, a few, very few, eminent Northern names, and nothing else. It did not know that this issue had been preparing for years, and did not understand how it happened now. It saw only, and to all appearance it saw correctly-a great people, rejoicing in its unfettered strength, in the richest and most magnificent field ever The duties, therefore, which the act declares opened to human labor-an unlimited and to affect the citizens of the Confederate States illimitable commerce, a flourishing and civilized in relation to such property, were duties in re- agriculture, so marvellously active and successlation to property which belongs to the Con- ful that as you looked you could almost see the federate States, and could not be considered as great primeval forests roll like a mist from the duties which at all existed in connection with western wilderness, revealing the prospect of the property in which alien enemies had any in- towns and villages, and fruitful fields, and happy terest remaining. By the operation of that act homesteads; a mental activity, no less unwearied, the interest of such alien enemies had become building churches and colleges, and scattering completely extinguished, and their title instant- schools and newspapers broadcast over the conly divested. The proceedings which were con- tinent; a flag honored on every sea and weltemplated by that act were proceedings contem-comed in every harbor of the world; a history plated for the purpose of enabling the Govern- growing every day richer in achievement and ment to recover the possession of that to which prouder in its triumphant record. And yet, it had thus established a perfect right of prop-in a moment, in the twinkling of an eye, this erty. is all changed. What, in other countries and

The demurrers, therefore, in all the cases in other times, it has taken centuries of oppres

were overruled.

sion to provoke, and a long succession of martyrs to accomplish, is here effected in a few months. The functions of the Government

cense; the great organs of industry are paralyzed; men, old in honor, famous in the field and the Senate, shrink from the disgrace of service under the national authority, with the glory of which their lives were incorporate; and millions of people, intelligent, prosperous and free, stand in arms, willing to confront any| peril, rather than remain one hour longer subject to that Government under which all this prosperity was achieved.

Surely the statesmen of Europe might well stand amazed and confused at such a spectacle; and although they would very soon reach the conclusion that there could be nothing less than the most powerful cause for so prodigious an effect-although recent events have contributed largely to their instruction-yet it is certain that for the first months of our new career, we had nothing to expect but the utmost wariness, the consequence of a very natural perplexity. At such a time it was not likely that we would be listened to at all, and, if heard, we were sure to be heard with mistrust. Indeed, before we could be understood, Europe had to unlearn a great deal; and in this new political education time was the only teacher. Under these circumstances our commissioners could do no good, unless they went not as ministers, but as missionaries-not to make treaties, but converts. As the Government, however, determined to send them, it is very much to be regretted that they were sent as a commission. Everybody knows that, for purposes of confidence, one agent is better than three; and in so delicate a matter, the personal character and temper of the agent was the most important element. Now a commission is always a stiff, official instrument; it wants the flexibility and the adaptability necessary for negotiation, and excludes that personal confidence, that, once obtained, almost insures success. Besides, all our experience was against it. We tried it during the Revolution; we tried it after the Revolution, in our difficulties with France; we tried it in 1813, at the peace of Ghent, and always with the same result-dissatisfaction at home, embarrassment in the negotiation, and illfeeling among the commissioners. So far, we have not had these results, but simply because we have had no results at all. The commissioners might here have been recalled. As to what has been done, we have no information; but the Government has recently taken a very grave step, from which it may be inferred, according to one's temperament, either that our three commissioners have had no success at all, or that they have had a great success. Congress has passed an act authorizing the President to appoint two additional commissioners, and specify the countries to which they and their elder colleagues shall be sent, separately or unitedly, giving him also the power to appoint secretaries to such separate missions. This, evidently, looks to the development of our embryo commissioners into full-feathered ministers, and must mean either that the three hav

ing failed, we will try to succeed with five, as in the multitude of counsellors there is wisdom: or, as we prefer believing, that the three have prepared the way for the five, to go each in his special capacity to his special court. For if we are still to be waiters on Providence and Earl Russell, it is difficult to see why we should not be content with our original three, especially as they have the advantage of considerable experience in that line of practice. What, then, is the prospect of success?

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In the first place, events have travelled very fast and very far. At the North, the whole history of its tyrannical and imbecile civil administration, from Lincoln's inaugural to the last ukase of Mr. Seward, putting in force, of his own mere will, that most obnoxious of all European tyrannies," the passport systemthe whole history of its war administration, from the haughty threats of Scott to the insolent vaporings of Butler-from the sullen lowering of its flag at Sumter, to its ignominious trailing in the dust at Manassas-all prove the truth of our denunciation; while at the South, the steady and orderly development of our new political life, the earnest and ready sacrifices of all classes of our people, the continuous and triumphant success of our arms, the temperate wisdom of our Government-all prove the truth of our assertions. Facts which the Herald cannot suppress, nor the Tribune distort, are teaching Europe what to unlearn; and the words South and Southerner are fast becoming realities to the European mind. We are rapidly reaching that point where we will be heard and understood. And once understood, the cause may be considered as decided; for, carrying out our legal phraseology, we have brought our case within the strictest precedents of international law. In the Italian despatches of Lord John Russell, the principle upon which we claim recognition will be found laid down in the strongest and most emphatic manner, and our readers have only to substitute the word "South" for Italy, and "Southern States" for the special Italian Powers named, to see how complete is the application.

-Charleston Mercury, Oct. 26.

Doc. 111.

FIGHT ON THE TENNESSEE RIVER.

CAPTAIN FOOTE'S REPORT.

ST. LOUIS, October 30, 1861. SIR: The "Conestoga," Lieut. Com. Phelps, has again been up the Tennessee River as far as Eddyville, sixty-two miles distant from Paducah, with three companies of the Illinois regiment, under command of Major Phillips, and conjointly they have had a handsome and successful skirmish, in which the rebels broke and fled in every direction, leaving seven dead on the field. Our casualties consist of two severely wounded and a few slightly so-among them a captain of

a company. Forty-four prisoners were taken | arm, just as he had brought down his man. from the enemy; also seven negroes and thirty- Several sharpshooters of the enemy tried their one horses, eleven mules, two transportation hands on the major, but I am pleased to say he wagons, a large number of saddles, muskets, came out unharmed. We took all the horses, rifles, shot-guns, sabres, knives, &c. tents, and camp equipage of the enemy.

Lieut. Com. Phelps, and the officers and crew of the "Conestoga," as well as Major Phillips and his men, are deserving of the highest credit for their bearing in this expedition.

I have the honor to be, very respectfully, your obedient servant, A. H. FOOTE,

Captain U. S. Navy, &c.

REBEL ACCOUNT OF THE SURPRISE.

On Saturday morning last, October 26th, a be the Conestoga, with three hundred abolition Lincoln gun-boat from the Ohio, supposed to troops, came up the Cumberland, and landed at West Eddyville. The troops were disembarked Eddyville, where a fine cavalry company of Kentuckians, just formed by Captain Wilcox, were encamped, completely surprising and put

A correspondent of the Chicago Tribune gives and proceeded to Saratoga, a few miles from the following account of this affair:

ON BOARD STEAMER LAKE ERIE NO. 2.
EDDYVILLE, KY., Oct.26., 1861.

Last evening, Major Phillips, with three hunting them to rout, and killing and wounding, it dred of the Ninth Illinois regiment, started on an expedition from Paducah. Stopping at Smithland, your correspondent determined to make one of the party.

After getting a pilot and guide, and steaming up the Ohio a short distance, we returned and went up to what is called the Old Forge, where

we left the boats for a march of nine miles into

the country to attack an encampment of rebels. The brave boys marched the whole distance in the night, without a murmur-Major Phillips, ever active and watchful, giving his orders with promptness and decision, which the soldiers obeyed as promptly.

A little after daylight we wheeled into column by companies about twenty rods from the camp of the rebels, who first took us for friends, but quickly perceiving their mistake, formed across the road and commenced firing. Major Phillips ordered a charge, which the boys executed at a double-quick, but the enemy broke and fled in every direction. When the major ordered the men to fire, then began the fun. The enemy rushed to the roadside and hills, and turned and fired upon our troops. Buckshot and balls flew thick and fast. Wherever the shot fell thickest, there was the major, cheering on his men. Capt. Keiffner, of Company B, Ninth Illinois regiment, led the advance, and truly may he be said to have led, for he was the first to reach the encampment. He was slightly wounded by a pistol-ball, which your correspondent quickly avenged by sending one of Colt's pills through the head of his assailant. Too much cannot be said in praise of Capt. Armstrong and Capt. Robinson, and the officers and men under them. They were mostly raw troops, but behaved like veterans. And I feel proud to belong to the same brigade. Gen. Paine's son accompanied the expedition, and was under fire, cheering the men, and pointing out to our sharpshooters the flying rebels.

It is impossible to say how many are killed. I saw six, and heard of more than three times that number. We had three men wounded slightly, besides Captain Keiffner, before spoken of. Private Grubbing, of Company B, was shot in the groin; a private of Company K in the

is supposed, some twenty-five or thirty of their number. The others fled, and several of them had arrived at Hopkinsville, where our informant saw them. Some of them had their clothes actually riddled with balls, while their persons miraculously escaped injury. The pursuit was continued by the Yankees about two

miles.

forehead, and although believed to be seriously, Captain Wilcox was hit with a ball on the if not mortally, wounded, managed to ride two miles on his horse, and it is thought escaped

the enemy.

There were only about seventy-five of Capt. Wilcox's men in camp. They were surprised while the pickets had come in for breakfast, and before others had gone out to take their places.

Yankees to be permitted to thus infest our How long are these murderous, thieving rivers, depredate upon our property, and murder our people? Let the Kentuckians rise in their majesty and strike such a blow against make them a little more careful how they venthese mercenary soldiers of King Lincoln as will ture on our borders, and will give them a lesson that they will never forget.

-Louisville Courier, Oct. 28.

Doc. 112.

PROCLAMATION OF GENERAL KELLEY.

THE following Proclamation was issued by Gen. Kelley to the people of Hampshire County and the Upper Potomac:

My object in addressing you is to give you assurance that I come among you not for the purpose of destroying you, but for your protection in all your rights, civil, social, and po litical. I am here, backed by the forces of the United States, to protect you in the rights of property as well as person, so long as you are peaceful citizens and loyal to the Government of the United States, the flag of which has so long and so well protected you, and under the folds of which you have lived long, happily, and

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