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strongly supported by a strong force of cavalry. the far advance charges were being made, and The Harris Light gallantly charged up into the skirmishers were circling over the hills like the woods where the rebels were posted, but were advancing waves of a flood-tide. Prisoners and driven back by superior numbers. The First wounded began to come in. The plain was soon Vermont, consisting of two battalions, number- cleared of the enemy, and soon our force disaping about one hundred and fifty men, under peared in pursuit. Now commenced a running command of Major Wells, now gallantly advanced fight, till we reached the vicinity of Culpeperto charge under a heavy fire from the enemy's the Harris Light still keeping the advance, and battery. The Harris Light promptly rallied, and giving the enemy not a moment's rest. Whenboth regiments charged into the woods and drove ever they made the slightest pause, an impetuthe rebels further toward the Cedar Mountain ous charge from this regiment would start them road. Our loss here was the heaviest of any again. For two miles before reaching Culpeper, during the day. General Custer, while leading the Harris Light was exposed to a very severe the First Vermont, was wounded in the leg by artillery fire, as great trees broken off and shatthe bursting of a shell, which also killed his tered clearly proved. The enemy finally planted horse, and the Harris Light sustained some loss, their guns up a high hill, at the entrance of the the extent of which I have been unable to learn. town. It was a very commanding position. The The rebels now formed just beyond the woods, enemy must be dislodged, and that right speedwhere they had a battery in position. The ily, too. The Harris Light were ordered by Fifth New-York and one battalion of the First General Davies to do the work. Major McIrwin Vermont charged upon the battery, but were re- led the charge, accompanied by Captains Downpulsed, the rebels returning to the woods in great ing and Mitchel, and Lieutenant Jones, and force, but were driven out the second time, supported by two batteries. General Custer, whereupon they retreated for the Rapidan, whose irrepressible gallantry led him far ahead closely pursued for four miles by General Buford, of his command, came up and went with them. when operations for the day ceased. Down the hill they went at a gallop-a perfect avalanche of shot and shell crashing above them, and ploughing the ground around them. Dressing the line for a moment at the foot of the hill on which the battery was, they charged up with such impetuosity that every thing gave way before them. With great rapidity they dashed around in the rear of the guns, and in a moment they were ours. After the guns were captured, General Custer came up, armed only with his riding whip, compelling many a man to surrender at discretion. Captain Mitchel ordered a rebel to help limber up the guns. He replied with perfect coolness that he was not going to help the Yankees capture their guns. He again received the order and again refused. Mitchel then drew his sabre and said: "Now do as you are ordered." This final pointed argument prevailed, and the rebel said: "Well, if I must, I suppose I must."

Our casualties on this day were three killed and forty wounded. On the fourteenth the cavalry advanced to the Rapidan, and found the enemy strongly posted at the respective fords on the other side of the river. In the fight the day previous the rebels were commanded by General Stuart-his force consisted of Fitzhugh Lee's and Wade Hampton's divisions of cavalry and five batteries.

ANOTHER ACCOUNT.

TROOPER.

The following private letter from one who accompanied the Second New-York cavalry in the advance upon Culpeper, gives the following particulars of the skirmishing:

NEAR RAPIDAN RIVER, VA., Monday, Sept. 14, 1863.

Kilpatrick's division moved Saturday morning. We arrived at Kelly's Ford in the evening, and lay by our horses in marching order during Perhaps the incident contains a moral. Capthe night. Between three and four there came tain Mitchel then rallied the men and charged up one of the most drenching showers I ever through the town, which in a few minutes was experienced. The rain fell in torrents, and we ours also. We would have captured a train of were soon standing in pools of water. At day- cars loaded mainly with contrabands, but Genlight we crossed, capturing the enemy's picket. eral Custer's flank movement was delayed by a Our advance was rather slow and cautious till deep and almost impassable ravine. At one point we reached the forest bordering on the old Captains Hasty and Mitchel fought the enemy, Brandy-Station battle-field. Here we first struck they having five to our one. After taking Culthe enemy in some force. A rapid charge en- peper, we drove the enemy till night-Kilpatsued. The First brigade, under Colonel H. E. rick's division encamped on Stony Mountain, on Davies, which had the advance, kept it through- the extreme left. We had a hospital at Brandy out the day, led the charge at a gallop. We Station and Culpeper. While at the latter soon emerged on the old Brandy Station battle- place, Doctor Hackley, the Division Surgeon, reHere the sight was grand in the extreme. quested him to find some bed-ticking, if possible, The Second New-York cavalry (Harris Light) for the wounded. I was fortunate enough to had the advance of the brigade, and were charg- discover within twenty yards of the hospital a ing over the plain, supported by the other regi- lot of stuffed mattresses and ticking, and abundments, Colonel Davies leading every thing. Off in ant provisions for the hospital. It was a rebel the distance we could see Generals Gregg and storehouse, a sort of sanitary commission. A Buford bringing up their columns at a gallop. In young lady in town had her leg taken off by a

field.

shell. I saw two ladies on the porch of one alry and the timber. Of course our men were house that had four or five shells through it. In one house off to the left both father and son were killed by a shell. Kilpatrick said our regiment never did so well before, which is saying a great deal. Colonel Karhouse, who commands the regiment, manoeuvred it ably. Colonel Davies handled his brigade splendidly, as all remarked, and as the result proved.

We encamped at night on Stony Mountain, in a drenching shower of rain, and slept soundly on the wet ground. Doctor Kingston, our surgeon, showed himself a brave and skilful man, and our wounded got the best of attention.

A KEBEL NARRATIVE.

compelled to again give back. Another stand was made by our forces on the ground where the infantry first became engaged during Hampton's fight on the first of August, and here a severe fight took place, in which artillery, musketry, and carbines were freely used. At this time it was discovered that a column of at least two brigades of cavalry were moving on our right flank by way of Stevensburgh toward Culpeper Court-House. While the artillery on the left showed that the enemy, who were moving on the Rixeyville road, were nearly at the Court-House, our forces, of course, were compelled again to give back, and this time the Court-House fell into the hands of the enemy. In the fight made at RICHMOND, Sept. 14, 1863. this point, Colonel Beale, Ninth Virginia, was The following is an accurate statement of what wounded slightly in the leg. At this time a train transpired in Culpeper. About three o'clock on of cars was at the Court-House bringing off the Sunday morning information was conveyed to plunder of our people. This was fired upon some the cavalry that the enemy were preparing to three or four times, and though the shells explodcross at Stark's Ford, some eight miles above ed just above the cars, scattering the fragments our forces, and at Kelly's some five miles below over them, yet no damage was done. One shell them; and that they would no doubt be coöpe- passed into the house of Mr. Thomas Hill and exrated with by the corps of the enemy, which for ploded, but did no damage. I am told that nearsome time past has been encamped on this side ly every thing was removed from the depot at of the Rappahannock River, at the railroad bridge. Culpeper Court-House, though I hear that we The wagons were at once packed and sent to the lost some four or five boxes of saddles, eight rear, and the horses were ordered to be saddled, boxes of ammunition, and forty sacks of corn. and the men were bidden to prepare for any The excitement and confusion at Culpeper Courtemergency. At daybreak, Brigadier-General Lo- House is said to have been very great and very max, in command of Jones's old brigade, now his striking. Women were shrieking, soldiers were own, and W. H. F. Lee's, under Colonel Beale, groaning with their wounds, and children were of the Ninth Virginia cavalry, moved at once to crying from fright, and the death-shots hissing the front and found all quiet. Some hours later, from afar were howling and screeching over the couriers brought information that the enemy were town. At last accounts the enemy had not adcrossing at Stark's Ford, with six hundred cav-vanced more than two miles out from Culpeper alry and artillery, and were advancing on Cul- Court-House. The roar of artillery continued, peper Court-House, by the Ridgeville road, and however, until four o'clock, when it ceased. were driving in the pickets there stationed. The Seventh and Twelfth regiments Virginia cavalry were immediately sent forward to strengthen the picket on this road. Major Flournoy at this time LATER. After the enemy obtained possession held the front with the Sixth regiment and a of Culpeper Court-House, on Sunday, our forces squadron of sharp-shooters from the Ninth Vir- made a stand about one and a half miles this ginia cavalry. About ten o'clock, Major Flour- side. Whilst engaged at this point, the Ninth noy fell back to Brandy Station, and shortly Virginia cavalry made a bold and dashing charge, thereafter Captain Moorman's artillery opened going right up to the Court-House. In this fire on the enemy from this point. Just then charge they captured some twenty-one prisoners. General Lomax received information that the ene- The aim of the enemy was a surprise, and, by my had crossed at Kelly's a large force of caval- inclosing us, to capture our forces. In this they ry, artillery, and infantry, and were advancing were most signally disappointed. The artillery on the Stevensburgh and Brandy roads. A very (three pieces) which we lost were captured as we short time after this a sharp carbine fire an- were retiring through the Court-House. The fifnounced their arrival at Brandy. Major Flour- teenth Virginia made three gallant charges in the noy fell back rapidly, contesting every hill, and fight which occurred after leaving the Courtonly giving way when in danger of being out- House, and which was decidedly the hottest of flanked. The Thirteenth Virginia cavalry, sup- the day. In this fight, Colonel Beale having ported by squadrons of the Ninth, was now thrown been wounded, Major Waller, of the Ninth, comforward to the left of the railroad in Botts's (for-manded W. H. F. Lee's brigade, and handled it merly J. A. Beckham's) woods. The Fifteenth with great ability. Our men were finally comVirginia cavalry was thrown forward to the right pelled to give back before superior numbers, and of the railroad in same woods. Six regiments of retired upon Cedar Run, fighting as they receded. the enemy were now deployed in a field near The enemy advanced during the night as far as Brandy, with two batteries of artillery. The in- Rapidan bridge, on the railroad, and threw a colfantry of the enemy were massed behind the cav-umn down as low as Raccoon Ford. Yesterday

I can get nothing definite as to our losses, save that we lost three pieces of Stuart's horse artillery yesterday evening.

(Monday) morning picket fighting began early, and was continued by the dismounted cavalry acting as sharp-shooters. In the evening there was a sharp artillery duel at Sommerville Ford, between a battery of the enemy and one of Colonel Carter's battalion of artillery, in which our loss was three killed and ten or fifteen wounded. Our fire is believed to have been very destructive to the enemy. At Rapidan bridge, about four o'clock, Beckham's horse artillery opened upon the enemy, doing good execution on their squadrons, which were carefully massed behind the declivity of a hill. Toward night, Major Flournoy, with the Sixth Virginia cavalry, was ordered to make a demonstration on the enemy, but no orders were given him to fight them. Major Flournoy formed his regiment and darted off. In a short time he had charged them three times most gallantly, driving before him a whole brigade of the enemy and capturing five prisoners, and but for the hour being late and near dark, and our own artillery playing upon our men by mistake as they advanced, a large number of prisoners would have been secured. I am satisfied that our cavalry fought well in this last fight, but they could do nothing, because of the vastly superior force which they had to confront. We must have lost at least seventy-five prisoners, from all accounts, and not over fifty in killed and wounded.

Doc. 170.

SKIRMISH NEAR SMITHFIELD, VA.

A NATIONAL ACCOUNT.

MARTINSBURGH, VA., Sept. 15, 1863.

complete succession of charges, and of captures and recaptures by both parties, one of the most important of which was the recapture of the gallant Captain Jones, together with the four men who were his captors, by Sergeant Thompson, First New-York, Corporal Casley, and private Amos Parks, Twelfth Pennsylvania, allowing the Captain an interview of not more than ten minutes with the chivalry, scarcely time enough to receive from them the congratulations due an officer of his rank upon so auspicious an occasion. After repulsing the enemy a number of times they were driven out of the town, and beat a hasty retreat toward Winchester, hotly pursued by our forces to within a few miles of that place.

Lieutenant D. A. Irwin, Twelfth Pennsylvania cavalry, is spoken of in the most flattering terms by Captain Jones for his gallantry and coolness, and the skill displayed in handling his men during the engagement. Both Captains Jones, Bailey, and Lieutenant Irwin are universally acknowledged to be a noble trio. No more gallant and efficient officers ever wielded a sabre in their country's defence than they.

Our casualties were two men wounded. Logonrock, company B, Twelfth Pennsylvania, dangerously, and one man of the First New-York, in leg, slightly. The enemy's loss in killed and wounded unknown. We captured ten prisoners, including two officer's.

Doc. 171.

PRESIDENT LINCOLN'S PROCLAMATION.
SUSPENSION OF THE HABEAS CORPUS IN CERTAIN CASES.

A PROCLAMATION.

LAST night at nine o'clock, a detachment of fifty men from the First New-York, and another By the President of the United States. of the same number from the Twelfth Pennsylvania cavalry, commanded by Lieutenant D. A. Irwin, were ordered out on scout, the whole under command of Captain Jones, First New-York. They proceeded to Charlestown and bivouacked for the night. At seven o'clock next morning marched to Summit's Point, and hearing of a force of the enemy in the vicinity of Smithfield, advanced on that place.

WHEREAS, The Constitution of the United States has ordained that "The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it; and, whereas, a rebellion was existing on the third day of March, 1863, which rebellion is still existing; and, whereas, by a statute which was approved on When within three miles of the town they that day, it was enacted by the Senate and House overtook one of the enemy's scouting parties, and of Representatives of the United States, in Conat once gave chase. They pursued them to the gress assembled, that during the present insurtown, where the retreating "rebs" were reën-rection the President of the United States, whenforced by a detachment of the Twelfth Virginia ever, in his judgment, the public safety may rerebel cavalry, who made a desperate charge upon quire, is authorized to suspend the privilege of a portion of our forces, when a sharp skirmish the writ of habeas corpus in any case throughout ensued, in which Captain Jones, commanding, the United States or any part thereof; and, wherewas wounded in the hand and taken prisoner; as, in the judgment of the President the public also, a number of prisoners were captured by us. safety does require that the privilege of the said After the first charge the "rebs" rallied and at-writ shall now be suspended throughout the tempted to come in upon four sides, but were handsomely met and repulsed at all points by detachments under Captain Bailey, Lieutenants Poindexter and Vermilyea, First Michigan, and Lieutenant D. A. Irwin, of the Twelfth Pennsylvania.

The fight, which lasted about two hours, was a

United States in cases where, by the authority of the President of the United States, military, naval, and civil officers of the United States, or any of them, hold persons under their command or in their custody, either as prisoners of war, spies or aiders or abettors of the enemy, or of ficers, soldiers, or seamen enrolled, drafted, or

mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law, or to the rules and articles of war, or the rules and regulations prescribed for the military or naval services by the authority of the President of the United States, or for resisting a draft, or for any other offence against the military or naval service; now, therefore, I, Abraham Lincoln, President of the United States, do hereby proclaim and make known to all whom it may concern, that the privilege of the writ of habeas corpus is suspended throughout the United States, in the several cases before mentioned, and that this suspension will continue throughout the duration of the said rebellion, or until this Proclamation shall, by a subsequent one, to be issued by the President of the United States, be modified and revoked. And I do hereby require all magistrates, attorneys, and other civil officers within the United States, and all officers and others in the military and naval services of the United States, to take distinct notice of this suspension and give it full effect, and all citizens of the United States to conduct and govern themselves accordingly, and in conformity with the Constitution of the United States, and the laws of Congress in such cases made and provided.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed, this fifteenth day of September, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States of America the eightyeighth. ABRAHAM LINCOLN.

By the President:

WM. H. SEWARD, Secretary of State.

Special attention is called to paragraph two hundred and twenty, Revised Army Regulations, which will hereafter be strictly enforced.

By command of Major-General SCHOFIELD. J. A. CAMPBELL,

Assistant Adjutant-General.

Doc. 172.

MESSAGE OF GOVERNOR BONHAM.

EXECUTIVE DEPARTMENT, COLUMBIA, S. C., Sept. 21, 1863.

Gentlemen of the Senate and House of Repre

sentatives:

THE day of your annual meeting is so near at hand that I should not have convoked you again in extra session but for what I deem a pressing emergency, admitting of no delay. The progress of the war for the last few months has not been favorable to our arms. The brilliant repulse of the enemy's iron-clad fleet, on the seventh of April last, in Charleston Harbor, has been succeeded by the fall of Vicksburgh and Port Hudson, our retirement from Pennsylvania, Maryland, and Tennessee, and also by our evacuation of Morris's Island, but not without a stubborn resistance by the brave garrisons of Wagner and Gregg, under a fire from naval and land batteries such as no works have ever before withstood. Fort Sumter still holds out with an infantry garrison, which has recently achieved a brilliant success. Her noble ruins afford the best proofs of the indomitable courage of the officers and men of the First South-Carolina artillery. Our malignant foe is now erecting on Morris's Island powerful batteries of Parrott guns, and repairing his damaged fleet, preparatory to another and more determined attack upon our harbor outposts, whilst his land forces are being increased with the hope, possibly, of carrying Charleston in a combined attack by land and sea. The call of the President for five thousand troops for six months' service within the State, beginning the first of August last, has been promptly responded to, with the exception of five companies, now in process of organization. This requisition and the enforcement of the Conscription Act to forty-five, embracing almost the entire population between Hereafter martial law will be rigidly enforced the ages of forty and fifty, so impairs the efficiency throughout this department against all persons of our militia organization that I find it impracwho shall in any manner encourage mutiny, in- ticable to obtain readily a force adequate to such subordination, or disorderly conduct, or endeavor emergencies as seem likely now soon to be upon to create disaffection among troops, and against us. To meet those emergencies I have enall persons who shall publish, or utter publicly, deavored, under your late act and the act of words calculated to excite insurrection or lawless 1841, to raise a volunteer force of one mounted acts among the people, or who shall publish falsehoods or misrepresentations of facts calculated to embarrass or weaken the military authorities, or in any manner to interfere with them in the discharge of their duties.

MARTIAL LAW IN MISSOURI.
HEADQUARTERS DEPARTMENT OF THE MISSOURI,
ST. LOUIS, MO., September 17, 1863.

}

The Proclamation of the President, dated Washington, September fifteenth, 1863, suspending the privilege of the writ of habeas corpus in cases of persons belonging to the land and naval forces of the United States, and other persons therein described, will be held to apply to all Missouri militia called into active service under the orders of the department commander.

Any person guilty of either of the offences above mentioned shall be punished by fine and imprisonment, at the discretion of a military commission, and any newspaper which shall contain publications in violation of this order will be suppressed.

regiment, two companies of cavalry, and one battery of artillery, for service wherever in the State they may be needed. This force has not been so promptly raised as the occasion requires, and I have therefore felt it my duty to again convene your bodies, and to recommend to you that you devise such a plan as in your wisdom may seem expedient for furnishing, for immediate service, a military force of at least two regiments of infantry, one of which should be mounted, and a proportionate force of cavalry and artillery. Also,

1

that the law be so amended as to place in some their colors; but the result of their absence is military organization for the defence of the State the same, so far as the good of the service and every able-bodied citizen between the ages of six-protection of the country are concerned. I have teen and sixty not in the confederate service or endeavored, so far as I was authorized, to afford otherwise legally exempted. The immediate assistance; but the law is inadequate to such danger to be apprehended arises from raiding efficient aid as is needed. Many construe your parties of the enemy, who may dash suddenly late act on this subject to mean that the sheriffs into the State from Tennessee, through Upper are not to render aid to the enrolling-officer till Georgia or the passes of the mountains of North resistance has been made. In all such cases the and South-Carolina. Should the enemy in large deserter, of course, makes his escape. Such law force attempt invasion from these sections, the as you may think proper to pass should embrace confederate government will, no doubt, afford deserters from State service, and should also , adequate protection. But to repel raids and pro- punish aiding and abetting deserters in escaping tect our firesides, the State herself should make from the army and in resisting and avoiding preparation. The persons to compose the or- arrest. ganizations should be the able-bodied citizens between sixteen and sixty years of age not in the confederate service or otherwise legally exempted, and in this class should be embraced all persons who have procured exemptions by furnishing substitutes. No one should be relieved from the duty of defending his home because of having furnished a substitute for the war for confederate service. Aliens who have declared their purpose to become citizens, as also such as are domiciled among us enjoying our laws, should be included. I recommend also that the class of those whose service is limited to the district or regiment in which they reside be reduced to the lowest practicable point consistent with the safe policy of the State. I call your attention to the report of the Adjutant and Inspector-General upon that subject, herewith transmitted.

I invite your attention to the operation of the system of impressment adopted by the confederate government. I am informed that in some sections where the people have little more than is absolutely necessary for their own use, it is apprehended that destitution will be brought about by its unequal operation. Coming, as you do, from every section of the State, you are doubtless better informed upon this subject than myself, and better prepared to adopt a judicious policy than I am now to suggest it. I have called the attention of the confederate government to the subject, and suggested to them the probability that the collection of the tax in kind, which operates more equally on all, would obviate the necessity for the impressment of provisions.

The system adopted for furnishing labor for the coast defences has failed to accomplish its purIn connection with the subject of exemptions, pose. Large numbers have availed themselves I call your attention to my correspondence with of the provisions of the law, and paid one dollar the Commandant of conscripts for South-Caro- and fifty cents instead of furnishing the labor; lina, Major C. D. Melton, who is the successor and others, with the hope of impunity, have of Colonel John S. Preston, with whom, previous to your last extra session, I had a correspondence, a copy of which was then transmitted to you. Another copy, as also a copy of that with Major Melton, is now transmitted. This subject calls for legislation, so as to reconcile, as far as possible, the difference between the laws of the two governments. It is an important question, involving the jurisdiction of the two governments, and needs to be delicately handled. I am satisfied our true policy is as far as is compatible with the constitutional rights of the State, to conform to the law of Congress on this.subject. I have not felt at liberty to make any distinction between the classes exempted by our law when the cases have been made, but have claimed the exemption of all alike. The action of the Executive Council, on the same subject, and the action of your two Houses, at your last session, (the House approving and the Senate by its silence acquiescing in my action,) made it proper that I should reply to Major Melton as I had done to Colonel Preston.

Additional legislation is needed to enable the Executive, through civil or military authority, or both, more effectually to aid the confederate government in arresting deserters from the army. In most cases the absentees have probably not left their commands with the intent to desert

neither furnished the labor nor paid the fine.
With the money collected by the agent he has
been unable to hire any labor. I recommend
an amendment of the acts on this subject, so as
to abolish the fine, and so as to authorize the
Governor, through the Commissioners of Roads,
(who in the main are true to their trusts,) to im-
press the labor requisite to enable him to
respond to the calls of the Commanding General,
giving credit for all labor previously furnished,
and that the time of service be extended to two
months. The free negroes should be included.
I doubt not that there has been cause for the
complaint heretofore made as to the treatment
and detention of the negroes; but it is believed
that, through the instrumentality of the energetic
State Agent, (whose report is herewith trans-
mitted,) many of the evils have been remedied.
M. L. BONHAM.

Doc. 173.

BATTLE AT BLOUNTVILLE, TENN.
CINCINNATI COMMERCIAL ACCOUNT.

CARTER'S STATION, TENN., Sept. 25, 1863.
THIS army has been continually on the move,
and thus far have driven the rebel hordes out of
East-Tennessee. The last remnant, under Gen-

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