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M. W. BENACHI, Greek Consul.
JOSEPH LANATA, Consul of Italy.
B. TERYAGHI, Vice Consul.
AD. PIAGET, Swiss Consul.

HEADQUARTERS DEPARTMENT OF THE GULF,
NEW-ORLEANS, LA., June 16, 1862.

GENTLEMEN: Your protest against General Orders, No. 41, has been received.

205

the guidance of subordinate officers, who should be called upon to administer the proper oath.

Therefore, it was provided that all those who had resided here five years-a length of time that would seem to be sufficient evidence that they had not the intention of returning, (esprit de claimed certificate of nationality, called commonly retour,) and who should not have, in that time, It appears more like a labored argument, in this purpose, be deemed prima facie, of course, a "protection "" which the imagination has been drawn on for the American citizens, and should, if they desired of their government, should, for facts to support it. idiomatic expressions of the document show that from violence, take the oath of allegiance. But Were it not that some of the any favor or protection of the Government, save it was composed by some one born in the Eng- it is complained that the order further provides lish tongue, I should have supposed that many that they must have received that "protection of the misconceptions of the purport of the order, sixty days previous to the date of the order, so which appear in the protest, arose from an imper-as to have the "protection" avail them. fect acquaintance with the peculiarities of our language. The reason of this limitation was that, as some As it is, I am obliged to believe that the faith-some of the consuls had been aiding the rebellion of the consuls had gone into the rebel army, and lessness of the Englishman who translated the order to you, and wrote the protest, will account for the misapprehensions under which you labor in regard to its terms.

The order prescribes

I. A form of oath, to be taken by those who claim to be citizens of the United States, and those only who desire to hold office, civil or military, under the laws of the United States, or who desire some act to be done in their favor by the officers of the United States in this department, other than protection from personal violence, which is afforded to all.

With that oath, of course, the alien has nothing to do.

But there is a large class of foreign-born persons here who, by their acts, have lost their nationalities.

here, and as "protections" had been given by some of the consuls to those who were not entitled to them, for the purpose of enabling the holders to evade the blockade, it was necessary to make some limitations to secure good faith.

rules and regulations are made to restrain bad Indeed, gentlemen, you will remember that all men, and not the good.

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given now to avail for this purpose, that Prussian For instance if I allowed the "protections" Consul might give them to the whole of his militia company that live to get back; and they British guard who sent their arms and equipmight come, claiming to be neutral, as did that ments to Beauregard.

were in abeyance for want of United States The naturalization laws of the United States Familiar examples of that class are those sub-eigners who had resided here five years and not courts here. These provisions permitted all forjects of France (Français) who, in contravention of the Code Civile, have, without authorization from the Emperor, joined themselves to (the) a military organization of a foreign State, (s'afilierait à une corporation militaire etrangere,) or received military commissions (fonctions publiques, conferées par un gouvernement etranger) from the governor thereof, or who have left France without intention of returning, (sans esprit de retour,) or, as in the case of the Greek Consul, have taken the office of opener and examiner of letters in the post-office of the confederate States, or the Prussian Consul, who is still leading a recruited body of his countrymen in the rebel

army.

As many of such aliens had been naturalized, and many of the bad men among them had concealed the fact of their naturalization, it became necessary, in order to meet the case of these bad men, to prescribe some rule by which those foreign-born who might not be entitled to the protection of their several governments, or had heretofore become naturalized citizens of the United States, might be distinguished from those foreigners who were still to be treated as neutrals. This rule must be a comprehensive one, and easily to be understood, because it was for

one

claimed the protection of their government, who
felt disposed to avail themselves of them, and
thus become entitled to the high privileges of an
American citizen, which
value so greatly that they leave their own pros-
perous, peaceful, and happy countries to come
so many foreigners
and live here, even although allowed to enjoy
those privileges to a limited degree only. So
greatly do they compliment us upon our laws
that they prefer to, and insist upon, stopping
here, even at the risk of being exposed to the
chances of our intestine war, which chances they
peace at home under laws enacted by their own
seem willing to take, in preference to living in
take the oath of allegiance, they will not be al-
sovereigns. But it is said that, unless foreigners
lowed a passport."

from confounding a "pass" through my lines,
This is an entire mistake, and probably comes
which I grant or withhold for military reasons,
with a
eigner by his own government.
'passport," which must be given a for-

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citizens who do not take the oath of allegiance;
The order refuses all "passports" to American
foreigners, with which I have nothing to do.
but it nowhere meddles with the "passports" of
There is nothing compulsory about this order.

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to go home-" stay not on the order of his going, but go at once." Such a person came here without our invitation, he will be parted with without our regrets.

But he must not have committed crimes against our laws and then expect to be allowed to go home to escape the punishment of those crimes. I must beg, gentlemen, that no more argumen

If a foreigner desires the privileges which the military government of this department accords to American citizens, let him take the oath of allegiance; but that does not naturalize him. If he does not wish to do so, but chooses to be an honest neutral, then let him not take the oath of allegiance, but the other oath set forth in the order. If he chooses to do neither, but simply to re-tative protests against my orders be sent to me by main here with protection from personal violence, you as a body. If any consul has anything to a privilege he has not enjoyed in this city for offer for my consideration, he will easily learn many years until now, let him be quiet, live on, the proper mode of presenting it. It is no part keep away from his consul, and be happy. For of your duties or your rights. honest alien neutrals another oath was provided, I have, gentlemen, the honor to be your ob't which, in my judgment, contains nothing but servant, BENJ. F. BUTLER, what an honest and honorable neutral will do Major-General Commanding. and maintain, and, of course, only that which he will promise to do.

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But it is said that this oath compels every 'foreigner to descend to the level of spies and denunciators for the benefit of the United States." There is no possible just construction of language which will give any such interpretation to the order. This mistake arises from a misconception of the meaning of the word "conceal," so false, so gross, so unjust and illiterate, that in the Englishman who penned the protest sent to me it must have been intentional, but an error into which those not born and reared in the idioms of our language might easily have fallen. The oath requires him who takes it not to "conceal" any wrong that has been, or is about to be done, in aid or comfort of the enemies of the United States.

Messrs. Ch. Mejan, French Consul; Juan Callejon, Consul de Espana; Jos. Deynoodt, Consul of Belgium; M. W. Benachi, Greek Consul; Joseph Lanata, Consul of Italy; B. Teryaghi, viceConsul; Ad. Piaget, Swiss Consul.

Doc. 69.

THE MASSACRE OF THE NEGROES

IN SOUTH-CAROLINA, JUNE 13, 1862.
THE following is the official report concerning
the massacre of negroes on Hutchinson Island
by the rebels:

U. S. SHIP DALE, ST. HELENA SOUND,
SOUTH-CAROLINA, June 13, 1862.
SIR: This morning, at four o'clock, it was re-
ported to me that there was a large fire on
Hutchinson Island. Shortly after a preconcert-

It has been read and translated to you as if it required you to reveal all such acts. "Conceal" is a verb active in our language; "concealment" is an act done, not a thing suffered by, the "con-ed cealers."

Let me illustrate this difference of meaning: If I am passing about and see a thief picking the pocket of my neighbor, and I say nothing about it unless called upon by a proper tribunal, that is not "concealment" of the theft; but if I throw my cloak over the thief, to screen him from the police-officer while he does it, I then "conceal" the theft. Again, if I know that my neighbor is about to join the rebel army, and I go about my usual business, I do not "conceal" the fact; but if, upon being inquired of by the proper authority as to where my neighbor is about to go, I say that he is going to sea, I then "conceal"

his acts and intentions.

Now, if any citizen or foreigner means to "conceal" rebellious or traitorous acts against the United States, in the sense above given, it will be much more for his personal comfort that he gets out of this department at once.

Indeed, gentlemen, if any subject of a foreign state does not like our laws, or the administration of them, he has an immediate, effectual, and appropriate remedy in his own hands, alike pleasant to him and to us; and that is, not to annoy his consul with complaints of those laws or the administration of them, or his consul wearying the authorities with verbose protests, but simply

signal that the enemy were in the vicinity had been made from the house of our pilot, I immediately started in the gig, accompanied by the tender Wild Cat, Boatswain Downs, Sen. Acting Midshipman Terry; first cutter, Acting Master Billings; second cutter, Acting Master Hawkins, and cutter, Coxswain Shatluff, up Horn or Big River Creek, in the direction of the fire.

As we ad

Soon after leaving the ship a canoe containing three negroes was met, who stated that the rebels, three hundred strong, were at Mrs. Mardis's plantation, killing all the negroes. vanced up the creek we were constantly met by canoes with two or three negroes in them, panicstricken, and making their way to the ship, while white flags were to be seen flying from every inhabited point, around which were clustered groups of frightened fugitives.

When about two and a half miles from Mrs. Mardis's, I was obliged to anchor the Wild Cat, from the want of sufficient water in the channel, with orders to cover our retreat if necessary; On arriving at Mrs. Mardis's the scene was most painful. Her dwelling and a chapel in ruins, and the air heavy with smoke, while at the landing were assembled one hundred souls, mostly women and children, in the utmost distress.

Throwing out a picket-guard, and taking every proper measure against a surprise, I satisfied my

self that the enemy were not in our immediate neighborhood, the negroes assuring me that they had left the island and returned to Fort Chapman. I then gathered the following particulars: The rebels, during the night, landed on the Island from Fort Chapman, with a force of unknown numbers, and guided by a negro, who for a long time had been on the Island in the employ of the army, surrounded the house and chapel in which a large proportion of the negroes were housed, posting a strong guard to oppose our landing.

At early dawn they fired a volley through the house, and as the alarmed people sprang nearly naked from their beds and rushed forth frantic with fear, they were shot, arrested, or knocked down. The first inquiry of the rebels was for the d-d Yankees, and at what time they were in the habit of visiting the islands, mingled with exclamations of "Be quick, boys, the people from the ship will be up,' "Let's burn the houses," "Not yet; they will see the fire from the ship and come up."

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Having collected most of the chickens and despoiled many of the poor people of their very wretched clothing, and told them that as they belonged to the State, or others nearly adjoining, they would not molest them, they fired the building and fled.

As the people were clamorous to be removed, I filled the boats with them and pulled down to the tender, on board of which they were placed.

On our return for the remainder they were observed, as we approached the landing, to be in the utmost confusion, dashing wildly into the marshes, and screaming: "The secesh are coming back." On investigation, however, it proved that the enemy, in full sight, about two miles off, crossing an open space of ground, were in hasty

masters, by deserting, had denied them, and who were not even remotely connected with the hated Government army.

I trust you will approve my sending the contrabands to Hilton Head. Had I not been unable to provide for such a large number, and so much embarrassed by the frequent demands made upon me for provisions by new arrivals, I should have waited for your advice in the matter.

Last Tuesday we had an arrival of thirty from the main land, and scarcely a day passed without one or more of them, always in a half-starved condition, whose appeals for food I have not yet been able to resist, though they trespass rather largely on the ship's stores.

All those newly arrived give the same account of the want and scarcity of provisions among the white population, and of their own dangers and sufferings in effecting their escape. Though exercising no control over the negroes on the neighboring islands, I have, ever since the withdrawal of the troops, urged them to remove to Edisto or St. Helena, and warned them that some night they would be visited by the rebels.

But the majority insisted on remaining, because
there was their home, while all seemed to have
most perfect faith in the protection of the ship,
though perhaps, as was the case last night, ten
or twelve miles distant from her.
Very respectfully, your obedient servant,
W. T. TRUXTON,

Lieut. Commanding.
Flag-Officer S. F. DU PONT,
Commanding Southern Atlantic Blockading Squadron,
Port Royal, S. C.

Doc. 70.

retreat instead of advancing. On our first visit CAPTURE OF THE "CLARA DOLSEN." they must have been concealed in a patch of woods not more than half a mile from our pickets.

Having succeeded in removing or in providing with boats all who wished to remain to collect their little property, I returned to the ship, bringing with me about seventy, among them one man literally riddled with balls and buckshot, (since dead;) another shot through the lungs, and struck over the forehead with a clubbed musket, which laid the bone perfectly bare; one woman shot in the leg, shoulder, and thigh; one far gone in pregnancy, suffering from a dislocation of the hip-joint and injury to the womb, caused by leaping from a second-story window; and another suffering from the displacement of the cap of the knee and injury of the leg from the same cause.

U. S. GUNBOAT LEXINGTON, WHITE RIVER CUT OFF, Ark.,
Saturday, June 14, 6 P.M., 1862.

ON Thursday, twelfth inst., by invitation of Lieut. J. W. Shirk, U.S.N., commanding, we boarded this gunboat off Hopefield, Ark., opposite Memphis, Tenn. On Friday, thirteenth, at ten minutes past five A.M., we got under way down the Mississippi, in company with the U. S. gunboat Mound City, Capt. Kelty, U.S.N.; St. Louis, Capt. W. McGunnegle, U.S.N., commanding, and the tug Spitfire. One howitzer was placed on board of the tug. The Mound City, under Capt. Kelty, U.S.N., was the flag-ship for the expedition. Weather clear and very hot. At forty-five minutes past eleven, the flag-ship Mound City signalled the commanding officers of the St. Louis and Lexington to come on board.

It appears that the negro who had guided the At ten minutes past one P.M., passed the mouth party had returned to them after the evacuation of the St. Francis River. At fifteen minutes past of the place, told them all the troops had been one P.M. the flag-ship made a general signal; anwithdrawn, and that the islands were entirely swered it, rounded too, and stood up the river, unprotected except by this ship. I am therefore and at forty-five minutes past one came to off at a loss to account for their extreme barbarity the St. Francis River. The tug Spitfire then to negroes, most of whom were living on the plantation where they had been born, peacefully tilling the ground for their support which their

went a short distance up that stream, and returning at fifteen minutes past two, the Mound City rounded to, followed by the St. Louis and Lex

Doc. 71.

ington, when the fleet stood down the river again.

CAPTAIN HYNER'S REPORT.

FORTRESS MONROE, VA., June 15, 1862. Col. D. T. Van Buren, Assistant Adjutant-General:

At three P.M., discovered the large rebel trans- OPENING OF NANSEMOND RIVER, VA. port steamer Clara Dolsen lying at Helena, Ark. At twenty minutes past three a small boat from the Mound City came alongside, with orders to give a coal-barge we have in tow to the St. Louis, and give chase to the Dolsen, which had started down the Mississippi. The flag-ship Mound City COLONEL: According to instructions, I proceedfired several shots at the Dolsen, but they all fell ed on the eleventh inst. on board the steam-tug short. At fifty minutes past three we passed the C. P. Smith, Capt. H. C. Fuller. Got, at six flag-ship, being in pursuit of the Dolsen, together P.M., the armaments of two rifled three-inch Parwith the Spitfire, which was some distance ahead. rot guns and one mountain-howitzer on board, At a quarter-past eight P.M. we came to anchor and started at once for Fort Wool, to take Capt. off the foot of Island No. Sixty-nine, to await the Lee, Ninety-ninth New-York volunteers, and his arrival of the other boats. At half-past twelve command on board. As part of the men and P.M. we weighed anchor and stood up the Missis- stores were at Sewell's Point barracks, the tug sippi, arriving where the Mound City and St. was made fast for the night, it being not thought Louis were anchored at four A.M. this Saturday. advisable to venture further in the darkness. On We took our coal-barge in tow again, and stood the twelfth, at four A.M., we got under way; ardown the Mississippi. At half-past four P.M. the rived at five P.M. at Sewell's Point, got the men flag-ship signalled to follow her motions. At and stores on board, and had to return to Forforty minutes past eight A.M. our fleet arrived off tress Monroe to take an additional quantity of and ascended the mouth of White River. At ten coal, also some shells for the rifled guns. At A.M. we came to off the Arkansas River cut off, ten P.M. we got under way for the mouth of the in company with the other boats. In the mean Nansemond; passed Pig Point battery at seven time the tug Spitfire was sent up the river to re- o'clock P.M.; ran up the river about four miles; connoitre. At two P.M. the tug returned to where got aground on a sand bank at low-tide, and had we all lay anchored, from up White River, fol- to wait till return of high-water. I tried to collowed by the Clara Dolsen, which she found hid lect all the information I could from some negroes in a slough, all but the tops of her chimneys be- dredging for oysters, and some contrabands coming out of sight. ing down the James River, in a large boat, with their families. Two of them volunteered to stay with me, and, after having supplied the remainder with water, of which they were short, I directed them to report at Fortress Monroe. The two remaining on board volunteered all the information they had to give, assisted the boat's crew, and conducted themselves very well.

The Clara Dolsen is a capital prize, being one of the largest and best business steamers on our waters. She was built at Cincinnati, fifteen months ago, and has capacity for over sixteen hundred tons. She is worth forty thousand dollars, being in excellent condition. Her officers state that the Clara had been detained at Helena -the authorities fearing that her crew intended to run her to Memphis and there deliver her to the Federal authorities. She had been secreted up White River, but was on her way to a new hiding-place up St. Francis River-so her officers

state.

Capt. J. Riley Jones, who purchased the A. W. Quarrier and Gen. Pike in Cincinnati, before the rebellion, is in command of the Clara Dolsen. A man named Nixon (who has a brother piloting one of our gunboats) is one of the Clara's pilots. Rees Townsend, of St. Louis, who run the blockade from that city, is the chief engineer. The Dolsen is partially owned in Cincinnati, where the bulk of her building bills, we understand, remain unpaid.

The Clara now lies alongside of us. She has a large supply of wood on board, a portion of which is being transferred to our gunboats. She will be sent to Commodore Davis, at Memphis, this evening, or to-morrow morning. The gunboat Conestoga is expected down from Memphis with the mail, and will convey back the prize.

The Mississippi and White Rivers are in fine navigable order, more particularly the latter stream. Two hundred bales of cotton were found

on the Clara Dolsen.

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Waiting for the tide, I got the cutter and the small boat under way, and reconnoitred the first row of stakes, about five miles from Pig Point battery, also both shores for about a mile above it. On the eastern shore I found three batteries, respectively of two, one and five guns, commanding the stockade, but all abandoned, with the guns removed.

The exact location will be shown in the map. As soon as the steamer was afloat, I attacked the stockade, and succeeded in opening a gap about one hundred feet wide, when darkness made further work impossible, which, however, was resumed at daylight, and the gap enlarged to about one hundred and fifty feet or more.

We then proceeded up the river, guided by William, (colored and free,) who had joined the boat voluntarily the previous night. This man, being a resident of this neighborhood, had a thorough knowledge of the river, the location and the nature of the obstructions in it, and subsequently his services became very valuable.

About twelve or thirteen miles from Pig Point, at the mouth of the western branch, we found a second obstruction, consisting of a row of piles driven in clumps of twos and threes across the channel, and connected by heavy chains. Be

hind these logs the hulls of small vessels, loaded with heavy materials, were sunk; also, in the channels below. The tops of the piles were cut off, so as to be visible at low-water. At hightide vessels drawing from six to seven feet of water can be forced around the edges near the east shore, the bottom being soft mud.

Above the mouth of the western branch, was a masked battery for five guns, which, however, had been hidden or removed.

Being unable to do anything in this place as long as high-water lasted, I proceeded up the river to Suffolk, and reported my arrival verbally to Gen. Mansfield, and per telegraph to MajorGen. Dix.

At noon as the tide had fallen sufficiently, I returned to the obstruction near the mouth of West Branch, and removed of it as much as possible, till the return of high-water forced me to abandon the work.

At five P.M. I returned to Suffolk, and embarked companies K, Capt. J. E. Mulford, and F, Capt. W. A. S. Sanders, of the Third New-York volunteers, all under command of Major Abel Smith; for I wished to make a reconnoissance up the west bank of the river. I left at nine o'clock P.M. At Halloway's Point, about half-way between Suffolk and Pig Point, a large, substantially-built pier afforded accommodation for landing to a steamer. Accordingly, at half-past ten o'clock I disembarked the whole force, with the exception of ten men and a corporal of the Third New-York volunteers, and six men and a corporal of the Ninty-ninth New-York volunteers, to serve as artillery. The road to Chucatuck village, distant about five and a half miles, is a country road, but in good condition, and if only the first quarter of a mile is a little improved, artillery and transportation of the heaviest kind can be passed over it without any difficulty. Proceeding on, I took the necessary precaution to prevent intelligence of our approach being sent to the enemy, who, as I was informed, was in the habit of sending at night mounted scouts to the village. The people were for the most part somewhat violent in their expression of rebel sentiment; but reasonable arguments and kind treatment had a good effect on them, and when I left there next morning I felt convinced that a considerable revulsion in their ideas had taken place, for they certainly could not help to admire the good discipline of the troops, and the gentlemanly, soldier-like conduct of the officers. At about one o'clock A.M. the column reached Chucatuck village, at the head of Chucatuck River. I posted detachments on all the roads leading to and from it, and surrounded the village with a chain of sentinels. The whole was done so quietly that even no dog barked. After posting the necessary pickets, as also the reserve, in convenient positions, I directed my colored guide, and also one negro whom I found sleeping in the porch of a house, to collect all the negroes in the village, for I believed them the only ones willing to give reliable information.

From them I learned that the last scout of the
VOL V.-Doc. 14

enemy's troops had visited the place a week previous, but that four residents of the village were very active as spies, and in other nefarious practices. Their names are Henry L. Tynes or Tyner, Richard Denton, George Crum, a miller, and George Willis Duder, also a resident of the western shore, and Mr. Lewis, who lives about five miles above Barrell Point. The road from Chucatuck village to Petersburgh is a good turnpike, and, I was told, for a distance of at least twentyfive miles unobstructed. Everett's bridge is still unburned; probably also the county bridge across Black River, where the enemy's scouts pass in and out of their lines.

As daylight approached I returned on board, where the column arrived at five o'clock A.M. I can hardly speak in terms of sufficient commendation of the services of Capt. Lee, Ninety-ninth New-York volunteers, whose practical experience was of the greatest value in sounding and removing the obstacles. Also the men under his command, who were indefatigable, having worked hard from daylight till dark, and after that making a forced march during the greater part of the night.

The detachment of the Third New-York volunteers behaved likewise splendidly, showing the highest state of discipline and the most soldierlike conduct during the whole time they were with me.

Major Abel Smith made all the disposition of his command on the march in the ablest and most thorough manner, showing all the skill and discretion which are absolutely necessary for the success of secret reconnoissances.

Capt. Fuller, of the steam-tug C. P. Smith, was indefatigable in the performance of his duty, and handled his boat with the greatest skill and dexterity in steering her through the obstructions.

The colored pilot, William, rendered the most valuable service on the river and as a guide on the march to Chucatuck village; also, in collecting information.

Hoping soon to be able to report the entire removal of all obstructions, I remain, very respectfully, your most obedient servant,

H. HYNER,

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