so terribly dividing those among whom we minister, into the place assigned us that we may speak for God, and minister in His worship. Still less claim have we to assume to frame and fashion the devotions of our brethren by our private notions, and to that end mutilate or interpolate the service of the Church. In such times as these we are more strictly than ever bound to adhere to the precise letter of prescribed form, and to deserve the praise of non-interference with others' rights by the closest seclusion within the limits of our own plain duty. to the Southern rebels. The man's name is John Dean, and he is now a prisoner at the Arsenal. It appears he was not satisfied to simply sell the lead to the enemy, in defiance of the authority of the Government, but was engaged with his own team in hauling it to near the Arkansas line, where the traitors could get possession of it without danger. The guard captured several pistols, rifles, shot guns, and a quantity of secession uniforms, most of them unfinished, and some uniform cloth. 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 It is not merely my advice, dear brother, but it is the solemn injunction and caution of the Word of God, to be reverenced and regarded accordingly as you believe it to be His: "My son, fear thou the Lord and the King, and med-county, where there was to be a grand secesdle not with them that are given to change; for their calamity shall rise suddenly; and who knoweth of them both? These things belong to the wise." 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 LETTER OF SENATOR MASON 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 indicated. J. M. MASON. WINCHESTER, VA., May 16, 1861. -Winchester Virginian, May 22. Doo. 171. GENERAL BUTLER'S SPEECH, 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. He who 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 arable, now and forever." (Renewed applause.) As I look upon this demonstration of yours, 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 ineet in arms our brothers in the South?" I would say, "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 punisli 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 Doc. 174. CORRESPONDENCE BETWEEN GOV. AN- EXECUTIVE DEPARTMENT, against such offences. The judiciary certainly | Chaplin. Third company, Milo Artillery, Capt. cannot adopt a more indulgent rule towards Sampson. Fourth company, Grattan Guards, those who are in open rebellion against the au- Capt. Carroll. Fifth company, Brewer Arthority of the United States, or towards aliens tillery, Capt. Jones. Sixth company, Bangor co-operating with, and acting under, the as- Chasseurs, Capt. Meincke. Seventh company, sumed authority of such rebels. While the of Bangor, Capt. Emerson. Eighth company, other departments of the Government and the of Oldtown, Capt. Foss. Ninth company, of nation refuse to regard any State or association Bangor, Capt. Sargeant. Tenth company, of States as having the rights of a belligerent, Castline Light Infantry, Capt. Devereux. Each or as carrying on legitimate war, and are ex- company contains 78 men and officers. erting not only moral but physical force against -N. Y. Evening Post, May 17. them as rebels and lawless aggressors upon the United States and its citizens, the courts also must so regard them, and cannot admit that any legislation or assumption of power by such State or States can authorize acts in violation of the laws of the United States, or change the character of offences under them. There is another view. Mere rebellion absolves no man from his allegiance. Citizens of the United States, therefore, may not only be subject to the penalties of treason, but if they commit hostilities upon the commerce of the United States, under a commission from any foreign nation, even the oldest and best established, such as England or France for example, they may be dealt with as pirates by the express enactments in the ninth section of the statute of 1790, which has already been referred to. And aliens who are subjects or citizens of any foreign State with whom we have a treaty, such as is described in the statute of 1847, chapter 51, which has already been quoted; if, in violation of such treaty, they make war upon the United States, or cruise against our vessels or property under a commission from any foreign government, however long acknowledged, may, by the clear provisions of that statute, be dealt with as pirates. If aliens, subjects of a nation with whom we have no such treaty, commit acts of hostility upon our commerce, under the alleged authority or commission of a new and self-created government claiming to be independent, it may be material to inquire whether such government is to be regarded as having the immunities of a belligerent, or whether such aliens may be treated as robbers on the seas, and this inquiry will be governed by the principles which I have already stated. -Boston Journal, May 17. Doc. 173. First company, Bangor Light Infantry, Capt. If I COUNCIL CHAMBER, BOSTON, April 25, 1861. GENERAL-I have received through Major Ames a despatch transmitted from Perryville, detailing the proceedings at Annapolis from the time of your arrival off that port until the hour when Major Ames left you to return to Philadelphia. I wish to repeat the assurance of my entire satisfaction with the action you have taken, with a single exception. rightly understood the telegraphic despatch, I think that your action in tendering to Governor Hicks the assistance of our Massachusetts troops to suppress a threatened servile insurrection among the hostile people of Maryland was unnecessary. I hope that the fuller despatches, which are on their way from you, may show reasons why I should modify my opinion concerning that particular instance; but in general I think that the matter of servile insurrection among a community in arms against the Federal Union, is no longer to be regarded by our troops in a political, but solely in a military point of view, and is to be contemplated as one of the inherent weaknesses of the enemy, from the disastrous operations of which we are under no obligation of a military character to guard them, in order that they may be enabled to improve the security which our arms would afford, so as to prosecute with more energy their traitorous attacks upon the Federal Government and Capital. The mode in which such outbreaks are to be considered should depend entirely upon the loyalty or disloyalty of the community in which they occur; and, in the vicinity of Annapolis, I can on this occasion perceive no reason of military policy why a force summoned to the defence of the Federal Government, at this moment of all others, should be offered to be diverted from its immediate duty, to help rebels who stand with arms in their hands, obstructing its progress toward the city of Washington. I entertain no doubt that whenever we shall have an opportunity to interchange our views personally on this subject, we shall arrive at entire concordance of opinion. Yours faithfully, JOHN A. ANDREW. To Brigadier-General BUTLER. DEPARTMENT OF ANNAPOLIS, To His Excellency, John A. Andrew, Governor and Commander-in-Chief. SIR: I have delayed replying to your Excellency's despatch of the 25th April, in my other despatches, because as it involved disapprobation of an act done, couched in the kindest language, I supposed the interest of the country could not suffer in the delay; and incessant labor up to the present moment, has prevented me giving full consideration to the topic. porary illness, which forbids bodily activity, gives me now a moment's pause. do? I had promised to put down a white mob and to preserve and enforce the laws against that. Ought I to allow a black one any preference in a breach of the laws? I understood that I was armed against all infractions of the laws, whether by white or black, and upon that understanding I acted, certainly with promptness and efficiency. And your Excellency's shadow of disapprobation, arising from a misunderstanding of the facts, has caused all the regret I have for that action. The question Tem-seemed to me to be neither military nor political, and was not to be so treated. It was simply a question of good faith and honesty of purpose. The telegraph, with more than usual accuracy, The benign effect of my course was instantly had rightly informed your Excellency that I seen. The good but timid people of Annapolis had offered the services of the Massachusetts who had fled from their houses at our approach, troops under my command to aid the authori- immediately returned; business resumed its acties of Maryland in suppressing a threatened customed channels; quiet and order prevailed in slave insurrection. Fortunately for us all, the the city; confidence took the place of distrust, rumor of such an outbreak was without sub-friendship of enmity, brotherly kindness of secstantial foundation. Assuming, as your Excel- tional hate, and I believe to-day there is no city lency does in your despatch, that I was carrying in the Union more loyal than the City of Anon military operations in an enemy's country, napolis. I think, therefore, I may safely point when a war à l'entrance was to be waged, my to the results for my justification. The vote act might be a matter of discussion. And in of the neighboring County of Washington, a that view, acting in the light of the Baltimore few days since, for its delegate to the Legislamurders, and the apparent hostile position of ture, wherein 4,000 out of 5,000 votes were Maryland, your Excellency might, without ma- thrown for a delegate favorable to the Union, ture reflection, have come to the conclusion of is among the many happy fruits of firmness of disapprobation expressed in your despatch. But purpose, efficiency of action, and integrity of the facts, especially as now aided by their re-mission. I believe, indeed, that it will not results, will entirely justify my act, and reinstate me in your Excellency's good opinion. quire a personal interchange of views, as suggested in your despatch, to bring our minds in accordance; a simple statement of the facts will suffice. But I am to act hereafter, it may be, in an enemy's country, among a servile population, when the question may arise, as it has not yet arisen, as well in a moral and Christian, as in a political and military point of view. What shall I do? Will your Excellency bear with me a moment while this question is discussed? True, I landed on the soil of Maryland against the formal protest of its Governor and of the corporate authorities of Annapolis, but without any armed opposition on their part, and expecting opposition only from insurgents assembled in riotous contempt of the laws of the State. Before, by letter, and at the time of landing, by personal interview, I had informed Gov. Hicks that soldiers of the Union, under my command, were armed only against the insurgents and I appreciate fully your Excellency's suggesdisturbers of the peace of Maryland and of the tion as to the inherent weakness of the rebels, United States. I received from Gov. Hicks arising from the preponderance of their servile assurances of the loyalty of the State to the population. The question, then, is-In what Union-assurances which subsequent events manner shall we take advantage of that weakhave fully justified. The Mayor of Annapolis ness? By allowing, and of course arming, that also informed me that the city authorities would population to rise upon the defenceless women in nowise oppose me, but that I was in great and children of the country, carrying rapine, danger from the excited and riotous mobs of arson, and murder-all the horrors of San DoBaltimore pouring down upon me, and in num-mingo, a million times magnified, among those bers beyond the control of the police. I assured whom we hope to reunite with us as brethren, both the Governor and the Mayor that I had many of whom are already so, and all who are no fear of a Baltimore or other mob, and that, worth preserving, will be, when this horrible supported by the authorities of the State and madness shall have passed away or be threshed City, I should repress all hostile demonstrations out of them? Would your Excellency advise against the laws of Maryland and the United the troops under my command to make war in States, and that I would protect both myself person upon the defenceless women and children and the City of Annapolis from any disorderly of any part of the Union, accompanied with persons whatsoever. On the morning follow-brutalities too horrible to be named? You will ing my landing I was informed that the City of Annapolis and environs were in danger from an insurrection of the slave population, in defiance of the laws of the State. What was I to say, "God forbid!" If we may not do so in person, shall we arm others so to do over whom we can have no restraint, exercise no control, and who, when once they have tasted blood, |