act was passed by the Congress of the Confederate States, in August last, and approved by the President on the 30th of that month, which I am required to give you specially in charge. It is entitled-(here the Judge read the preamact, in the third volume of Acts of Congress, page 57.) The sections of the act which I have thought it proper to read to you require very little comment. It is only proper to say a word or two to you in reference to alien enemies. The very learned and highly distinguished gentleman who is at the head of the Departinent of Justice here, the Attorney-General of the Confederate States, has given a very accurate definition of the phrase alien enemies, as used in the act, in these words: The following persons are subject to the operation of the law as alien enemies:

that "Congress shall make no law abridging the | injury." 'Any one," continues the same aufreedom of speech or of the press," and mere thor, "whose sovereign is at enmity with us, words, whether written or spoken, can never living here under the King's protection, and comamount to treason, unless they are intended to mitting offences amounting to treason, may likegive, or do give in some way, aid to the enemy wise be dealt with as a traitor; for he oweth in carrying on the war. To give to the enemy a temporary local allegiance, founded on that information as to the number of our troops, or share of protection he receiveth." These obserthe position or movements of our army, or any vations of Foster are sound law, and supported other information which would be of service to by sound reasoning. A foreigner who resides him in the conduct of the war, would be treason. here, and who seeks to receive the benefit and To trade with the enemy, too, may be treason-protection of our Government and laws, ought to able. Such traffic, if not always treason, is be punished as a traitor, if he betrays the Govgenerally a high misdemeanor, at least it sub-ernment which confides and protects him. An jects the party engaged in it to a forfeiture of the vessel and cargo, or other property that may be employed in it, unless it is carried on with the consent of the Government. This seems to be a principle of universal law, and not peculiar to the jurisprudence of any one country. So in-ble and first four sections of the sequestration flexible is the rule that in a case where a citizen of the United States has purchased a quantity of British goods within the British territory a long time previous to the declaration of hostilities, and had deposited them in an island near the frontier, a vessel hired by him to bring away the goods was captured, with the cargo, and condemned as a prize of war by the United States Courts. To send to the enemy munitions of war or provisions, or supplies of any kind, which would enable him to carry on the war more effectually, would be an act of treason. "All contracts with the enemy," says Phillimon, are null and void; even the insurance of an enemy's property is illegal, upon the ground of its being a species of intercourse with the enemy; for the same reason bills of exchange made by the subject of one belligerent upon the subject of the other belligerent are illegal and void. The remission of funds in money or bills to subjects of the enemy, the purchase of bills or the deposit of funds in the enemy's country, are unlawful, because they tend to improve the resources and strengthen the hands of the enemy. In fine, every communication with the State, however circuitous, is prohibited, unless it be sanctioned by the special authority of the Government.

As to the persons who may be guilty of treason, they are not merely the native inhabitants, nor even the citizens of a country. Strangers and foreigners who have their domicile there may incur the guilt of treason against the country in which they dwell, by committing such acts as would be treason in a citizen or subject of this country. "An alien," says Foster, "whose sovereignty is in amity with the Crown of England, residing here, and receiving the protection of the law, oweth a large allegiance to the Crown during the time of his residence; and if during the time he committeth an offence which in the case of a natural born subject would amount to treason, he may be dealt with as a traitor. For his person and personal estate are as much under the protection of the law as the natural born subject's; and if he is injured in either he hath the same remedy by law for such

1. All citizens of the United States except citizens of Delaware, Maryland, Kentucky or Missouri, or the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas.

2. All persons who have a domicile within the States with which this Government is at war, no matter whether they be citizens or not. Thus, the subjects of Great Britain, France, or other neutral nations, who have a domicil or are carrying on business or traffic within the States at war with the Confederacy, are alien enemies under the law.

3. All such citizens or residents of the States of Delaware, Maryland, Kentucky or Missouri, and the Territories of New Mexico, Arizona, and the Indian Territory south of Kansas, and of the District of Columbia, as shall commit actual hostilities against the Confederate States, or aid or abet the United states in the existing war against the Confederate States. Having explained to you the meaning of the term alien enemies, I do not deem it necessary to add anything more in relation to the act. As to the testimony upon which a presentment may be made or an indictment formed, you should be satisfied by it, so far as it goes, that the charges contained in the indictment are true-that is to say, the evidence should be sufficient to create a belief that the statements in presentment of indictment are true, upon the supposition that there is no further evidence behind to contradict or rebut it. You should decide the case upon

It was soon ascertained that the rebel cavalry had left, having encamped at the church the night before. Our men advanced and occupied the ground, and sent out parties on the different roads. The regiments under Col. Hayman took the road to Colchester. There are no signs of the enemy having been recently in that vicinity, nor were there any indications of their occupying the opposite bank of the Occoquan at that point.

the evidence before you, as if that were all the | Heintzelman himself left head-quarters at daytestimony on either side; and when we remember light, and overtook the advance where they that evidence is sent to you on the part of the were halted, a short distance on the north side prosecution alone, it is not going too far to say of the church. that the evidence ought to be such as would, if standing alone, be sufficient to warrant a belief that the party accused is guilty. The third section of the constitution provides, as you have already heard, that "no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act; or on confession in open court." But although two witnesses are necessary in such a case to justify a conviction, only one is necessary to the finding of an indimctent. In all cases of treason, however, as in every other case, the evidence before you must be legal evidence, and such as would be allowed to go to a petty or traverse jury. A grand jury can no more listen to hearsay, or other illegal or unimportant testimony, than a petty jury can. If you should desire further information, gentlemen, on any point of law, the Court will give it to you with pleasure. I thank you for attending punctually. You will now retire, if you please, to consider of such matters as may be brought before you.

Doc. 154.

RECONNOISSANCE TO OCCOQUAN RIVER,

NOVEMBER 12, 1861.

THE following is a complete account of the reconnoissance to the Occoquan River, Va.:

Col. Terry, who commanded the troops which followed the telegraph road to Mrs. Violet's, learned that the enemy's pickets had left there two hours before. On the opposite side of the Occoquan there was seen a small force of caval ry and infantry, evidently apprised of the advance. The cavalry pickets on the road toward Elsey's had also retreated very recently.

nine P. M.

Having ascertained these facts, the troops returned to their camps. Gen. Heintzelman ex presses great gratification at the spirit, zeal, and activity displayed by the troops. We were five hours at Pohick Church; the main body marched twenty-two miles, and the regiments, which were pushed forward to the Occoquan, about thirty; all were back to their camps by Colonel Berry's regiment of General Sedgewick's brigade, with Captain Todd's company of Lincoln Cavalry, marched at four A. M. on the old Fairfax road with orders to halt at the Accotink, and push forward a reconnoissance as far as the Pohick. Col. Berry seems to have mistaken Fairfax Station for either The rebels having made a demonstration Springfield or Burke's Station; the latter is against our pickets on the 11th Nov., General the more probable. He says he took the road Heintzelman sent out two small parties of cav- toward Pohick Church; he should have fol alry to reconnoitre. They returned with a re-lowed the old Fairfax road as far as the Pohick. port that the rebels, with four hundred cavalry and two regiments of infantry, were encamped near Pohick Church. General Heintzelman, believing he could disperse them, telegraphed to the Commanding General, and was authorized to prepare an expedition. On the 12th inst., at three A. M., Gen. Richardson's brigade, with Company G of the Lincoln Cavalry, and Capt. Thompson's and Capt. Randolph's batteries of artillery, advanced upon Pohick Church by the telegraph road, followed, an hour later, by Gen. Jameson's brigade, and Company G, Lincoln Cavalry.

By taking the road toward Pohick Church, his scouts came in sight of our troops in advance of the church, and mistook them for the enemy drilling. Our skirmishers saw them, and reported the rebel cavalry and infantry on that road. Gen. Heintzelman advanced a force to meet them, but after sending forward no one could be discovered, and the troops were withdrawn. Of the Lincoln Cavalry Sergeant O'Brien is killed; Bugler Benton mortally wounded, since dead; Private Miller wounded, missing; Private Mitchell wounded slightly; Capt. Todd, missing; Private Johnson, missing; and Their instructions were for Gen. Richardson seven horses missing. This loss was sustained to divide his brigade at Potter's house, just be- by the negligence of the officers of this cavalry yond Piney Run, he to follow the telegraph in permitting their men to straggle in the pres road, and the other two regiments, with a bat-ence of the enemy, and to plunder. The rebels tery and a company of cavalry, to cross to Accotink and reach Pohick Church by the Accotink and Pohick continuation of the Alexandria turnpike, so to time his march as to have both his columns reach the church at the same time. Gen. Johnson's brigade followed an hour later on the telegraph reserve. Gen.

evidently occupy several points on the railroad in force, have a cavalry force at or near Elsey's and Sangster's crossroads, and a force at Wolf Run Shoals. Gen. Heintzelman was accompanied and assisted by Capt. Moses and Lieut. Hunt, of his staff, and Lieut.-Col. Schickfus and Capt. Oth, of the Lincoln Cavalry.

Doc. 155.

and the ship ranging ahead under steam frus

ATTACK ON THE UNITED STATES FLEET trated the object. The ram dropped astern,

AT THE PASSES OF THE MISSISSIPPI. COMMANDER HANDY'S REPORT.* UNITED STATES SHIP VINCENNES, OFF SOUTHWEST

PASS, MISSISSIPPI RIVER, Oct. 14, 1861.

but soon gathered headway and ranged our port beam, receiving the fire of the port battery, some guns of which were discharged twice. It then ranged ahead, passing up the river, receiving the fire of the port battery of the Preble, disappearing in the darkness. OwSIR: I have to report my safe arrival at this place, having left the head of the Passes on the ing to the darkness, I was unable to see the effect of our shot upon her, but some officers 12th instant, in company with the Richmond and are of opinion they heard shot strike the ram. Preble. On my route down it was my misfor- I passed the Preble and stood up the river, tune (as anticipated) to ground some distance when Acting-Master Wilcox reporting we were from the bar, going head on. The three vesgetting too close to the starboard shore, the sels were pursued by rebel armed steamers, helm was put up, and the ship rapdily fell off, who, after a while, commenced a brisk firing. presenting her broadside up and down the The Vincennes not being able from her situa- river. As soon as she had drifted near the tion to bring her broadside guns to bear on the head of the Passes, ineffectual attempts were enemy, I took down all the cabin bulk-heads made to get her head up stream, when I found and caused two of the 8-inch shell guns to be myself a mile and a half down the Southwest run out of the stern ports; continued a rapid Pass. I then put the helm up, continued down firing with them until the signal, No. 1, (as the river, hoping to be able to get her head understood aboard this ship,) was displayed round off Pilot Town. In doing this she drifted from the Richmond; I continued my firing, however, until some time afterward. I then Soon after this, the enemy opened their fire some distance below, grounding broadside too. directed the officers and crew to repair to the Richmond and Water Witch. Previously to hours. The day before leaving the head of the upon us, which was kept up for about two leaving this ship I caused a slow match to be Passes I had succeeded in placing one of our placed in the magazine, which, fortunately, did 9-inch broadside guns on the top-gallant forenot cause an explosion. I then reported my castle, giving a long range, and it was continself to Captain Pope, ascertaining from him ually fired during the engagement. About nine that there was a misunderstanding about the o'clock A. M., during the firing, it was reported signal. I repaired, with the officers and crew, to me that several boats filled with men were then on board the Richmond, to the "Vin- leaving the Vincennes; some went on board cennes," obtaining his permission to throw the Water Witch, others came to this ship. In overboard the fourteen 32-pounders, round a few minutes, Commander Handy, with sevshot, and any article that might have a ten-eral of his officers, came on board; Commander dency to lighten the ship, as I was more than Handy having wrapped around his waist, in anxious to save her from the grasp of the reb- broad folds, an American flag, and, upon being els, feeling that the vessel was of more value asked, stated he had abandoned his ship in obeto the Government than the guns. Although dience to signal. Being told no such signal had the ship was lightened by the operation, still it been made, he insisted "he so read it," that was not sufficient to float her; but the day folCaptain Winslow had so read it. lowing I was relieved from my embarrassing situation by the South Carolina and McClellan. I trust, sir, that my conduct will meet with your entire approbation, governed as I was from a strict sense of duty. I am, sir, respectfully,

your obedient servant,

ROBERT HANDY, Commander.

CAPTAIN POPE'S REPORT.
UNITED STATES STEAMER RICHMOND, OFF PASS
À L'OUTRE, MISSISSIPPI RIVER, October 17, 1861.

SIR: My report to you in regard to our leaving the head of the Passes having been made in a great hurry, in order to acquaint you as soon as possible of the leading facts of the case, many incidents were omitted which I will now report.

After the first blow given to this ship by the ram on the morning of the 12th instant, it remained under our port quarter, apparently endeavoring to fix herself in a position to give us a second blow, but the slipping of our chain

See Doc. 78, page 180 ante.
VOL. III.-Doc. 32

The following day Lieutenant Commanding Winslow being asked, remarked "he saw no such signal;" that when he was asked by one of Captain Handy's officers if that was the meaning of the signal, sent word to Captain Handy that it was impossible" to get guns out of his stern ports and fight his ship. As soon as it was thought, from the description of the slow match, that it had gone out, Captain Handy, his officers and crew, returned to their ship. In the evening I received a note from Captain Handy, a copy of which, and my reply,

is enclosed.

from the McClellan she was sent to the assistAfter I had taken the guns and ammunition ance of the Vincennes, and endeavored to get

her afloat; in the mean time I carried out a unsuccessful attempts, for two or three hours, stream anchor from this ship astern, and, after the McClellan returned to this ship, and was lashed alongside to wait until a rise of the tide. At early daylight of the 13th instant, the South Carolina, Commander Alden, came in, and I di

66

Richmond, and about two points on her starboard bow, being the most advanced ship of the forces there at anchor. I had been on deck most of the time during the night; had left it but a short time previously, and was lying in my birth asleep, with all my clothes on, when a midshipman rushed into the cabin exclaiming Captain, here is a steamer right alongside of us." I sprang instantly on deck; the order had already been given to "beat to quarters," and the men were then assembling at their guns. This was about 3.40 A. M. The moon had set or was obscured by clouds, and the night somewhat dark, with the wind from the northward. As I passed out of my cabin on my way to the deck, I saw through a port an indescribable object, not twenty yards distant from our quarter, moving with great velocity toward the bow of the Richmond. My orders from the senior officer were, in the event of discovering any danger at night, to hoist a red light at the gaff. This had been done by the officer of the deck instantly on the discovery of the object, which was first seen about fifteen or twenty feet directly ahead of this ship, and drifting with the current directly toward us. Not a speck of light, smoke, or any moving thing could be seen in or on it, and it looked somewhat like a huge whale in the

water.

they were fire-ships, and such they proved to be. I was then working smartly with my deck tackles, and should have succeeded in weighing my anchor, when it was reported to me that the Richmond was steaming down the river. I could not and would not believe it possible, until I ran aft and saw her astern, and heading down. The fire-ships were then not more than one hundred and fifty yards distant, directly ahead, and coming down upon this ship. At the urgent suggestion of the first lieutenant and other officers, I then gave the order to make sail and slip the cable, having first taker off the slip buoy so that the enemy should not easily obtain it. The ship's head was immediately headed toward the Southwest Pass, orders to that effect, in the event of our being obliged to slip at any time, having been for some time previously given by the senior officer present.

The moment this ship was discovered by the fire-ships (which were in tow of two steam tugs, one on each wing) to be under way, their direction was changed toward the Richmond and Vincennes, which were on the opposite side of the river and below this ship. Continuing down the river, I came up with the Richmond, which was burning the Coston's signals; and, passing within a few yards of his stern, I hailed and said, "I can hear your orders, The instant the persons on board of it dis- what are they?" The answer was, "Proceed covered our movements, it seemed to change down the Pass." We were so near, my reply its direction to avoid us, and made directly for was made without the use of a deck trumpet. the Richmond. In an instant huge clouds of I continued down the Pass, and soon passed by the densest, blackest smoke rolled up from it, the Vincennes, which soon after signalized to and we all expected to see her blow up, but the Richmond, "Shall I anchor?" which was afterwards concluded it must have been the answered by general signal, "Cross the bar." ram, of which we had been told so much. It Not long after, the "Vincennes" was discovernext made its appearance about a hundred yards ed to be aground, with her stern up the river. distant, and directly abeam of this ship, where This ship shortly after took the bottom, and I it lay quietly for a few minutes, apparently feared would also stick; but after two or three hesitating whether to come at us or not. I smart rolls worked herself over and crossed instantly opened my port battery, and gave her the bar, when I anchored near the coal ships three broadsides in rapid succession, the Rich- Kuhn and Nightingale, to protect them in case mond also firing. She then slowly steamed up of necessity. I should have stated that the the river, and when on our port bow, threw up fire-ships were towed on shore by the enemy a rocket. This ship had been lying all the at the head of the Pass, and two or three time with a range of only fifteen fathoms' steamers were seen coming rapidly down the cable, in readiness to slip in case of emergency. river to attack the ships. The Richmond was While firing at him, word was passed that the at that time slowly moving down, the Water Richmond was going ahead of us, and to hold Witch assisting the Vincennes. The engagement our fire. I was directing the firing of the bat- had now commenced between the Richmond, tery, and hearing it, looked out of a port and Vincennes, and Water Witch on our side, and saw that she was astern, barely lapping my three of the enemy's steamers; one of them quarter, and therefore continued my firing until being a large bark-rigged vessel, said to be the the ram was out of line of pointing. I at once Miramon, but now called the McRea. Two manned my deck tackle, (for my capstan has other steamers were also in company, but I been crippled since the hurricane at Key West, could perceive no firing from them. At this and I am therefore compelled to use deck tac- time signal was made from the Richmond to kles,) and began to heave in my chain. Imme-ships outside the bar to get under way. I, of diately on the rocket being thrown up from the ram, three bright lights were seen coming down the river, directly toward this ship, which we at first supposed to be teamers coming to attack us. They soon, however, increased so rapidly in size that we were fully convinced

course, obeyed the signal, as did also the Kuhn; the Nightingale, being ashore, of course could not. It was not long before we discovered the Richmond to be aground. The firing continued about two hours or more, when the enemy's steamers retired up the river.