what he is going to do. And here, again, as Governments do not usually publish the plans of their campaigns, the argument from ignorance appears to great advantage. For our parts, we prefer to notice from day to day the success which attends Mr. Lincoln's action. The progress of disintegration has been topped with a strong hand, and in States which, like Maryland and Virginia, were falling under the tyranny of the lawless and violent, enlightened and peaceable citizens are recovering their due influence. From the Ohio to the Gulf of Mexico men talk more reasonably, and if the voice of patriotism gains a hearing there, it will be because Mr. Lincoln has so ordered it. If the destinies of the Union are to be submitted to the arbitrament of war, he has acted wisely. If a peaceful separation, with all the difficulties attendant upon such questions as tariffs, extradition treaties, division of territories, and the like, is to be attempted, we say again he has taken the only prudent course, for no settlement could be lasting if made under the menace of a Slave Power.

All the facts that come to hand only place in a stronger light the duty which lies upon neutral Powers, and above all upon England, of leaving the people of the United and Confederate States to settle this quarrel in their own way. The English Government has done its duty in issuing the Proclamation which lately appeared in our columns, and which was the subject of an important discussion on Thursday evening in the House of Lords. The manifold relations between this country and the American States, the probability that one of the parties now engaged in civil war will apply to British subjects for aid, and importance to the North of being able to close up the Southern ports, made it desirable that the law upon the various legal questions which may arise should be clearly defined. After perusing the speeches of the various eminent lawyers who delivered their opinions upon the points mooted by Lord Ellenborough, it must be confessed that the unanimity of opinion is not so striking as might be desired. It is necessary to bear in mind continually that ministers have determined to grant to both parties in America-the North and the South-belligerent rights. The meaning of this is, that England is prepared to treat the United States and the Confederate States as two Powers, not, indeed, independent, but at war with each other, and entitled to belligerent rights. England, therefore, occupies towards each of them the position of a neutral, and is bound to conduct herself with perfect impartiality to both parties. The fact, however, that to us these parties occupy such a position as entitles them to belligerent rights, does not alter the relations of the North and South to each other. President Lincoln may still regard himself as President of the thirty-three United States and may treat Jefferson Davis and his followers as traitors and rebels. In strict law it must be admitted that the South cannot claim

to be at war with the North, for in_the_eyes of the Northern constitutionalists the South has no independent existence. As Lord Kingsdown said, whether President Lincoln chooses to treat the Southern seceders literally as rebels must be matter for his own consideration, but he could not help thinking that to act upon such a view would be to have recourse to a piece of barbarity which would raise an outcry throughout the whole civilized world. If, then, President Lincoln and his Cabinet adopt the opinion of Lord Kingsdown, there can be no doubt that any citizen of a Southern State-although a rebelwill be entitled, if taken by the North, to all the rights of an enemy.

Doo. 169.

-London News.

BISHOP WHITTINGHAM'S CIRCULAR. REVEREND AND DEAR BROTHER: I have learned, with extreme regret, that in several instances, the "Prayer for the President of the United States, and all in Civil authority," has been omitted, of late, in the performance of divine service in the diocese.

Such omission, in every case, makes the clergyman liable for presentment for wilful violation of his ordination vow, by mutilation of the worship of the Church, and I shall hold myself bound to act on any evidence of such offence laid before me, after the issue of this circular.

I beseech my brethren to remember that' current events have settled any question that might have been started concerning citizenship and allegiance. Maryland is admitted and declared by the Legislature and Governor of the State, to be at this time one of the United States of America. As resident in Maryland, the clergy of this diocese are citizens of the United States, and bound to the recognition and discharge of all duties appertaining to that condition. It is clearly such a duty by the express word of God, to make supplication and prayer for the Chief Magistrate of the Union, and for all that are in authority, that we may lead a quiet and peaceable life, in all godliness and honesty; and it is clearly my duty, by the same direction, to put those whom God has committed to my charge in mind to be subject to principalities and powers, to obey magistrates, to speak evil of no man, to be no brawlers.

To my deep distress and disgust I have too much reason to fear that in at least one instance a minister of Christ may have so far forgot himself, his place and his duty, as actually to commit the canonical offence known as

brawling in Church," while venturing to do what an archangel durst not do, and to defend transgression of an injunction of the Word of God.

We of the clergy have no right to intrude our private views of the questions which are

After being furnished with breakfast and dinner, and very handsomely treated by the Union men of Potosi, and invited to stay a month in that place, at their expense, the command started for home. On their way back, the train made a halt at De Soto, in Jefferson

THE TAKING OF POTOSI, MO. THE Union men of Washington county having been threatened with extermination, and some of them having been driven from Potosi, the county seat, complaint was made to Gen. Lyon, of the St. Louis Arsenal, and that brave and gallant officer determined to give the Union men in that section of the country protection. Accordingly an expedition was planned and put under the command of Capt. Coles, of company A, Fifth Regiment of U. S. Volunteers. At 10 o'clock, P. M., Tuesday, May 14th, Capt. Cole's command, consisting of some 150 men, left the Arsenal on a special train for their destination. They arrived at Potosi at 3 o'clock, A. M., on Wednesday, and immediately threw a chain of sentinels around the entire town. Guards were then stationed around the dwellings of the most prominent secessionists, and, shortly after daylight, some 150 men found themselves prisoners, and were marched off to the Court House. Here the prisoners were formed in line, and by the assistance of a gentleman who had been driven out of Potosi, who knew all the inhabitants of the place, the Union men were recognized and released, amounting to over half of those taken prisoners. Some fifty of the secessionists were also released, on parole of honor, after subscribing to the usual oath, not to take up arms against the United States, and nine of the leaders were marched off to the cars. The guard then made a descent on a secession lead manufactory, and captured near four hundred pigs of that very useful article in time of war, which belonged to a man who had been furnishing lead

sion "love feast" and flag-raising. Here they found a company of secession cavalry drilling for the occasion, which took to their heels as soon as they got a sight of the United States troop. In their flight, the cavalry left some 30 of their horses, which were captured by the troops and placed under guard. The pole, one hundred feet high, on which the rebels were going to fly the secession flag, was soon graced with the Stars and Stripes, amid the wildest enthusiasm of the Union men and Government troops. The next move was to capture the rebel flag, which was known to be in town, and for this agreeable duty, Captain Cole detailed a guard of six men, under command of Sergeant Walker, accompanied by Dr. Franklin, Surgeon of the Fifth Regiment. The guard surrounded the house supposed to contain the flag, and Dr. Franklin and Sergeant Walker entered. After searching in vain for some time, the Doctor thought he observed the lady of the house sitting in rather an uneasy position, and he very politely asked her to rise. At first the lady hesitated, but finding the Doctor's persuasive sauvity irresistible, she rose slowly, and lo! the blood red stripe of the rebel ensign appeared below the lady's hoops. The Doctor, bowing a graceful "beg pardon, madam, stooped and quietly catching hold of the gaudy color, carefully delivered the lady of a secession flag, thirty feet long and nine feet wide. The Doctor bore off his prize in triumph to the camp, where the troops greeted him with wild shouts, and characterized his feat as the crowning glory of the occasion. Here the troops captured another rebel leader, and after placing thirty men under Lieutenant Murphy, to guard the Union flag, and the thirty horses, Capt. Cole's command started on their way. At Victoria, the train stopped a moment, when another secessionist came up hurrahing for Jeff. Davis, and quick as thought the ardent rebel was surrounded by a half dozen bayonets, and marched into the cars a prisoner of war, and the train moved on. They arrived at the Arsenal about 6 1-2 o'clock, P. M., where a crowd of soldiers and visitors awaited them. The spoils were unloaded, and the prisoners marched to

safe and comfortable quarters.-Gen. Lyon re- | ceived them in the spirit of a true soldier, and the troops gave three cheers for Gen. Lyon, three for Col. Blair and three for the Stars and Stripes, and then caught the Secession flag and tore it into shreds in a twinkling.

-St. Louis Democrat, May 17.

Doc. 170.

LETTER OF SENATOR MASON
ON THE VIRGINIA ELECTION.

To the Editor of the Winchester Virginian:The question has been frequently put to me, What position will Virginia occupy, should the ordinance of secession be rejected by the people at the approaching election? And the frequency of the question may be an excuse for giving publicity to the answer.

The ordinance of secession withdrew the State of Virginia from the Union, with all the consequences resulting from the separation. It annulled the Constitution and the laws of the United States within the limits of this State, and absolved the citizens of Virginia from all obligations and obedience to them.

Hence it follows, if this ordinance be rejected by the people, the State of Virginia will remain in the Union, and the people of the State will remain bound by the Constitution of the United States, and obedience to the Government and the laws of the United States will be fully and rightfully enforced against them.

It follows, of course, that in this war now carried on by the Government of the United States against the seceding States, Virginia must immediately change sides, and, under the orders of that Government, turn her arms against her Southern sisters.

From this there can be no escape. As a member of the Union, all her resources of men and money will be at once at the command of the Government of the Union:

Again: For mutual defence, immediately after the Ordinance of Secession passed, a treaty, or "military league was formed by the Convention, in the name of the people of Virginia, with the Confederate States of the South, by which the latter were bound to march to the aid of our State, against the invasion of the Federal Government. And we have now in Virginia, at Harper's Ferry, and at Norfolk, in face of the common foe, several thousand of the gallant sons of South Carolina, of Alabama, of Louisiana, Georgia, and Mississippi, who hastened to fulfil the covenant they made, and are ready and eager to lay down their lives, side by side, with our sons in defence of the soil of Virginia.

If the Ordinance of Secession is rejected, not only will this "military league" be annulled, but it will have been made a trap to inveigle our generous defenders into the hands of their enemies.

Virginia remaining in the Union, duty and

loyalty to her obligations to the Union will require that those Southern forces shall not be permitted to leave the State, but shall be delivered up to the Government of the Union; and those who refuse to do so, will be guilty of treason, and be justly dealt with as traitors.

Treason against the United States consists, as well "in adhering to its enemies and giving them aid," as in levying war.

If it be asked, what are those to do who in their consciences cannot vote to separate Virginia from the United States-the answer is simple and plain: honor and duty alike require that they should not vote on the question; if they retain such opinions, they must leave the State.

None can doubt or question the truth of what I have written, and none can vote against the ordinance of secession, who do not thereby (whether ignorantly or otherwise) vote to place himself and his State in the position I have inJ. M. MASON. dicated.

WINCHESTER, VA., May 16, 1861.

-Winchester Virginian, May 22.

Doo. 171.

GENERAL BUTLER'S SPEECII,

AT WASHINGTON, MAY 16, 1861. FELLOW-CITIZENS:-Your cheers for the old Commonwealth of Massachusetts are rightly bestowed. Foremost in the rank of those who fought for the liberty of the country in the Revolution were the men of Massachusetts. It is a historical fact, to which I take pride in now referring, that in the Revolution, Massachusetts sent more men south of Mason and Dixon's Line to fight for the cause of the country, than all the Southern Colonies put together; and in this second war, if war must come, to proclaim the Declaration of Independence anew, and, as a necessary consequence, establish the Union and the Constitution, Massachusetts will give, if necessary, every man in her borders-aye, and woman! (Cheers.) I trust I may be excused for speaking thus of Massachusetts; but I am confident there are many within the sound of my voice, whose hearts beat with proud memories of the old Commonwealth. There is this difference, I will say, between our Southern brothers and ourselves, that while we love our State with the true love of a son, we love the Union and the Country with an equal devotion. (Loud and prolonged applause.) We place no States' rights" before, above, or beyond the Union. (Cheers.) To us our country is first, because it is our country, (three cheers,) and our State is next and second, because she is a part of our country and our State. (Renewed applause.) Our oath of allegiance to our country, and our oath of allegiance to our State, are interwreathed harmoniously, and never come in conflict or clash. does his duty to the Union does his duty to the State; and he who does his duty to the State, does his duty to the Union-"one and insep

He who

arable, now and forever." (Renewed applause.) As I look upon this demonstration of yours, I believe it to be prompted by a love of the common cause, and our common country-a country so great and good, a Government so kind, so beneficent, that the hand from which we have only felt kindness is now for the first time raised in chastisement. (Applause.) Many things in a man's life may be worse than death. So, to a Government there may be many things, such as dishonor and disintegration, worse than the shedding of blood. (Cheers.) Our fathers purchased our liberty and country for us at an immense cost of treasure and blood, and by the bright heavens above us, we will not part with them without first paying the original debt, and the interest to this date! (Loud cheers.) We have in our veins the same blood as they shed; we have the same power of endurance, the same love of liberty and law. We will hold as a brother him who stands by the Union; we will hold as an enemy him who would strike from its constellation a single star. (Applause.) But, I hear some one say, "Shall we carry on this fratricidal war? Shall we shed our brothers' blood, and meet in arms our brothers in the South?" I would say, 66 As our fathers did not hesitate to strike the mother country in the defence of our rights, so we should not hesitate to meet the brother as they did the mother." (Sensation.) If this unholy, this fratricidal war is forced upon us, I say, "Woe, woe to them who have made the necessity. Our hands are clean, our hearts are pure; but the Union must be preserved, (Gen. Butler was interrupted here by an intense cheering. When silence was restored, he continued :) at all hazard of money, and, if need be, of every life this side the Arctic Regions." (Cheers.) If the 25,000 Northern soldiers who are here are cut off, in six weeks 50,000 will take your place; and if they die by fever, pestilence, or the sword, a quarter of a million will take their place, till our army of the reserve will be women with their broomsticks, to drive every enemy in the Gulf. (Cheers and laughter.) I have neither fear nor doubt of the issue. I feel only horror and dismay for those who have made the war. God help them! we are here for our rights, for our country, for our flag. Our faces are set South, and there shall be no footstep backward. (Immense applause.) He is mistaken who supposes we can be intimidated by threats or cajoled by compromise. The day of compromises is past.

The Government must be sustained, (cheers;) and when it is sustained, we shall give every one in the Union his rights under the Constitution, as we always have, and every one outside of the Union the steel of the Union, till he shall come under the Union. (Cheers, and cries of " Good, go on.") It is impossible for me to go on speech-making; but if you will go home to your beds, and the Government will let me, I will go South fighting for the Union, and you will follow me. -N. Y. Times, May 17.

Doc. 172.

JUDGE SPRAGUE'S CHARGE, MAY 16. AFTER citing provisions from the laws of 1790, 1820, 1825, 1846, and 1847, as to what constitutes the general crime, with the different degrees of penalty, the judge remarks that these enactments were founded upon the clause in the Constitution which gives Congress the power to define and punish piracy. But the constitutional power to regulate commerce also affords a basis for additional penal enactments, covering all possible aggressions and depredations upon our commerce. The judge then lays down the following important principles, the bearing of which will be sufficiently evident in the present crisis:

The statutes, being enacted pursuant to the Constitution, are of paramount authority, and cannot be invalidated or impaired by the action of any State or States; and every law, ordinance, and constitution made by them for that purpose, whatever its name or form, is wholly nugatory and can afford no legal protection to those who act under it. But suppose that a number of States undertake, by Revolution, to throw off the Government of the United States, and erect themselves into an independent nation, and assume in that character to issue commissions authorizing the capture of vessels of the United States, will such commissions afford protection to those acting under them against the penal laws of the United States? Cases have heretofore arisen where a portion of a foreign empire -a colony-has undertaken to throw off the dominion of the mother country, and assumed the attitude and claimed the rights of an independent nation, and in such cases it has been held that the relation which the United States should hold to those who thus attempt and claim to institute a new government, is a political rather than a legal question; that, if those departments of our Government which have a right to give the law, and which regulate our foreign intercourse and determine the relation in which we shall stand to other nations, recognize such new and self-constituted government as having the rights of a belligerent in a war between them and their former rulers, and the United States hold a neutral position in such war, then the judiciary, following the other departments, will, to the same extent, recognize the new nation. But if the legislative and executive departments of the Government utterly refuse to recognize such new government, or to acknowledge it as having any belligerent or national rights, and, instead of taking a neutral attitude, endeavor by force to suppress depredations on commerce by such assumed government, as violating the rights and infringing the laws of the United States, then the judiciary will hold that such depredations are not to be considered as belligerent, and entitled to the immunities of lawful war, but as robbery or other lawless depredations, subject to the penalties denounced by our law