of the District in which any alien enemy or persons offending against the provisions of this act shall be apprehended, who, by the President of the Confederate States, or by the order of any Court, Judge, or Justice, as aforesaid, shall be required to depart and to be removed as aforesaid, to execute such order by himself or deputy, or other discrete person; and for such execution the Marshal have the warrant of the President or the Court, or Judge, as the case may be.

Doo. 173.

SECRETARY CAMERON'S LETTER

TO GENERAL B. F. BUTLER.

WASHINGTON, August 8, 1861. General:-The important question of the proper disposition to be made of fugitives from service in the States in insurrection against the Federal Government, to which you have again directed my attention, in your letter of July 20, has received my most attentive consideration. It is the desire of the President that all existing rights in all the State be fully respected and maintained. The war now prosecuted on the part of the Federal Government is a war for the Union, for the preservation of all the constitutional rights of the States and the citizens of the States in the Union; hence no question can arise as to fugitives from service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of judicial proceedings must be respected by the military and civil authorities alike for the enforcement of legal forms. But in the States wholly or in part under insurrectionary control, where the laws of the United States are so far opposed and resisted that they cannot be effectually enforced, it is obvious that the rights dependent upon the execution of these laws must temporarily fail, and it is equally obvious that the rights dependent on the laws of the States within which military operations are conducted must necessarily be subordinate to the military exigencies created by the insurrection, if not wholly forfeited by the treasonable conduct of the parties claiming them. To this the general rule of the right to service forms an exception. The act of Congress approved Aug. 6, 1861, declares that if persons held to service shall be employed in hostility to the United States, the right to their services shall be discharged therefrom. It follows of necessity that no claim can be recognized by the military authority of the Union to the services of such persons when fugitives.

A more difficult question is presented in respect to persons escaping from the service of loyal masters. It is quite apparent that the laws of the State under which only the services of such fugitives can be claimed must needs be wholly or almost wholly superseded, as to the remedies, by the insurrection and the military measures necessitated by it; and it is equally

apparent that the substitution of military for judicial measures for the enforcement of such claims must be attended by great inconvenience, embarrassments, and injuries. Under these circumstances, it seems quite clear that the substantial rights of loyal masters are still best protected by receiving such fugitives, as well as fugitives from disloyal masters, into the service of the United States and employing them under such organizations and in such occupations as circumstances may suggest or require. Of course a record should be kept showing the names and descriptions of the fugitives, the names and characters, as loyal or disloyal, of the masters, and such facts as may be necessary to a correct understanding of the circumstances of each case.

After tranquillity shall have been restored upon the return of peace, Congress will doubtless properly provide for all the persons thus received into the service of the Union, and for a just compensation to loyal masters. In this way only, it would seem, can the duty and safety of the Government and just rights of al be fully reconciled and harmonized. You will therefore consider yourself instructed to govern your future action in respect to fugitives from service by the premises herein stated, and will report from time to time, and at least twice in each month your action in the premises to this Department. You will, however, neither authorize nor permit any interference by the troops under your command with the servants of peaceable citizens in a house or field, nor will you in any manner encourage such citizens to leave the lawful service of their masters, nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped. I am, very respectfully, your obedient servant, SIMON CAMERON,

Secretary of War. To Major-General BUTLER, commanding Department of Virginia, Fortress Monroe.

Doc. 1731.

U. S. EXECUTIVE GOVERNMENT,

1857-61.

President.-James Buchanan, of Penn.
Vice-President.-John C. Breckinridge, of Ky.
Secretaries of State.-Lewis Cass, of Michigan:
Jeremiah S. Black of Penn., appt. Dec. 17,

1860.

Secretary of the Navy.-Isaac Toucey, of Conn. Secretaries of War.-John B. Floyd, of Va.; Joseph Holt, of Ky., appt. Jan. 18, 1861. Secretaries of the Treasury.-Howell Cobb, of Ga.; Philip F. Thomas, of Md., appt. Dec. 12, 1860; John A. Dix, of N. Y., appt. Jan. 11, 1861.

Secretary of the Interior.-Jacob Thompson, of Miss.

Postmasters-General.-Joseph Holt, of Ky.; Horatio King, of Me., appt. Feb. 12, 1861.

Doc. 174.

THE MISSOURI TREASON.

4. Publish a proclamation to the people of the State, warning them that the President has acted illegally in calling out troops, thus arrogating to himself the war-making power; that he has illegally ordered the secret issue of the

SIR: You have doubtless observed by this morning's despatches, that the President, by calling seventy-five thousand of the militia of the different States into the service of his Government, proposes to inaugurate civil war on a comprehensive plan.

Under the circumstances, I have thought it not inappropriate that I should offer some suggestions to your Excellency, in my capacity of commanding officer of the first military district. Presuming that Mr. Lincoln will be advised by good military talent, he will doubtless regard this place as next in importance, in a strategic point of view, to Charleston and Pensacola. He will therefore retain at the arsenal all of the troops now there, and augment it as soon as possible. The commanding officer of that place, as you are perhaps aware, has strengthened his position by the erection of numerous batteries and earthworks. You are not, however, aware that he has recently put in position guns of large calibre, to command the approaches to the city by the river, as well as heavy ten-inch mortars, with which he could, at any moment, bombard our town.

If, therefore, he is permitted to go on strengthening his position, whilst the Government increases his force, it will be but a short time before he will have this town and the commerce of the Mississippi at his mercy. You will readily see how this complete possession and control of our commercial metropolis might, and in all probability would, affect any future action that the State might otherwise feel disposed to take.

I fully appreciate the very delicate position occupied by your Excellency, and do not expect you to take any action, or do any thing not legal or proper to be done under the circumstances; but, nevertheless, would respectfully suggest the following as both legal and proper, viz. :

1. To call the Legislature together at once, for the purpose of placing the State in a condition to enable you to suppress insurrection or repel invasion.

2. To send an agent to the Governor of Louisiana, (or further, if necessary,) to ascertain if mortars and siege guns could be obtained from Baton Rouge, or other points.

3. To send an agent to Liberty, to see what is there, and to put the people of that vicinity on their guard, to prevent its being garrisoned, as several United States troops will be at Fort

ties in the State, who have declared their intention to resist the constituted authorities, whenever these authorities may adopt a course distasteful to them; and that they are, therefore, by no means bound to give him aid or comfort in his attempts to subjugate, by force of arms, a people who are still free; but, on the contrary, that they should prepare themselves to maintain all their rights as citizens of

Missouri.

5. Authorize, or order the commanding officer of the present military district to form a military camp of instruction at or near the city of St. Louis, to muster military companies into the service of the State, to erect batteries, and do all things necessary and proper to be done to maintain the peace, dignity, and sovereignty of the State.

6. Order Col. Bowen's whole command to proceed at once to the said camp and report to the commanding officer for duty.

Doubtless, many things which ought to be done, will occur to your Excellency which have not to me, and your Excellency may deem what I have suggested as improper or unnecessary. If so, I can only say, that I have been actuated solely by a sense of official duty in saying what I have, and will most cheerfully acquiesce in whatever course your Excellency may lay down for my government.

I would not have presumed to have advised your Excellency, but for the fact that you were kind enough to express a desire to consult with me upon these subjects on your recent visit to this city.

I am, sir, very respectfully, your obedient servant, D. M. FROST, Brig.-Gen. Com. First Mil. Dist. of Mo. P. S. I highly approve of the suggestions of Gen. Frost, and await your commands. J. A. BROWNLEE.

Doc. 175.

BATTLE OF WILSON'S CREEK, MO.*
GENERAL FREMONT'S REPORt.
HEAD-QUARTERS WESTERN DEPARTMENT,
ST. LOUIS, August 13, 1861.

Col. E. D. Townsend :

Gen. Lyon, in three columns, under himself, Siegel, and Sturgis, attacked the enemy at half-past 6 o'clock on the morning of the 10th instant, nine miles south-east of Springfield. The engagement was severe. Our loss is about eight hundred killed and wounded. General

Creek, Springfield, and Oak Hill.
This battle is variously known as that of Wilson's

under Lieut. Farrand, (First Infantry,) and one light battery of six pieces. This column was to march by a road on the left of the main Cassville Road, and leading to the supposed right of the enemy's position. Here my official information of the movements of Col. Siegel's

REPORT OF MAJOR STURGIS.
HEAD-QUARTERS, ARMY OF THE WEST,
CAMP CAREY GRATZ," NEAR ROLLA, MO.,
Aug. 20, 1861.

SIR: I have the honor to submit the following report of the battle of Springfield, fought on the 10th inst. on Wilson's Creek, some ten miles south of the city, between the United States troops under Gen. Lyon, and the rebel forces under McCulloch. On the 9th inst., Gen. Lyon came to the determination of attacking the enemy's camp, and accordingly dispositions were made on the afternoon of that day for an attack at daylight next morning, (10th.) The command was to move in two columns, composed as follows:

The first, under Gen. Lyon, consisted of one battalion regular infantry, under Capt. Plummer, Companies B, C, and D, First Infantry, Capts. Gilbert, Plummer, and Huston, with one company of rifle recruits, under Lieut. Wood; Maj. Osterhaus' battalion Second Missouri Volunteers, two companies; Capt. Totten's light battery, six pieces, and Capt. Woods' mounted company of Second Kansas Volunteers, with Lieut. Caulfield's Company B, First Cavalry, regulars. This constituted the first brigade, under Major Sturgis.

The Second brigade, under Lieut.-Col. Andrews, First Missouri Volunteers, was composed of Capt. Steele's battalion of regulars, companies B and E Second Infantry; one company of recruits under Lieut. Lothrop, Fourth Artillery; one company of recruits under Sergeant Morine; Lieut. Dubois' light battery, consisting of four pieces, one of which was a 12pounder gun, and the First Missouri Volun

teers.

The Third brigade was made up of the First and Second Kansas Volunteers, under Deitzler, Col. Mitchell commanding the latter regiment. The First regiment Iowa Volunteers, with some 200 Home Guards, (mounted,) completed the column under Gen. Lyon.

The second column, under Col. Siegel, consisted of the Third and Fifth regiments Missouri Volunteers, one company of cavalry, under Capt. Carr, one company of Second Dragoons,

procure any written report of its operation. Gen. Lyon marched from Springfield at 5 o'clock P. M., on the 9th, making a detour to the right-at 1 o'clock in the morning arriving in view of the enemy's guard-fires. Here the column halted, and lay on their arms until the dawn of day, when it again moved forward. Capt. Gilbert's company, which had formed the advance during the night, still remained in advance, and the column moved in the same order in which it had halted.

A southeasterly direction was now taken, with a view to strike the extreme northern point of the enemy's camp. At daylight a line of battle was formed, closely followed by Totten's battery, supported by a strong reserve. In this order we advanced, with skirmishers in front, until the first out-post of the rebels was encountered and driven in, when the column was halted, and the following dispositions made, viz.: Capt. Plummer's battalion, with the Home Guard on his left, were to cross Wilson's Creek, and move toward the front, keeping pace with the advance on the left opposite bank, for the purpose of protecting our left flank against any attempt of the enemy to turn it. After crossing a ravine, and ascending a high ridge, we came in full view of a considerable force of the enemy's skirmishers. Major Osterhaus' battalion was at once deployed to the right, and two companies of the First Missouri Volunteers, under Capts. Yates and Cavender, were deployed to the left, all as skirmishers. The firing now became very severe, and it was evident we were approaching the enemy's stronghold, where they intended giving battle. A few shells from Totten's battery assisted our skirmishers in clearing the ground in front.

The First Missouri and First Kansas moved at once to the front, supported by Totten's battery and the First Iowa regiment; Dubois' battery, Steele's battalion, and the Second Kansas were held in reserve. The First Missouri now took its position in the front, upon the crest of a small elevated plateau. The First Kansas was posted on the left of the First Missouri, and separated from it some 60 yards on account of a ravine. The First Iowa took its position on the left of the First Kansas, while Totten's battery was placed opposite the interval between the First Kansas and First Missouri. Major Osterhaus' battalion occupied the extreme right, with his right resting on a ravine which turned abruptly to our right and Dubois' battery, supported by Steele's battalion, was placed some 80 yards to the left and rear of Totten's guns, so as to bear upon a powerful battery of the enemy, posted to our

rear.

The enemy now rallied in large force near the foot of the slope, and under considerable cover, opposite our left wing, and along the slope in front and on our right toward the crest of the main ridge running parallel to the creek. During this time, Capt. Plummer, with his four companies of infantry, had moved down a ridge about 500 yards to our left, and separated from us by a deep ravine, and reached its abrupt terminus, where he found his further progress arrested by a large force of infantry occupying a corn-field in the valley in his front. At this moment an artillery fire was opened from a high point about two miles distant, and nearly in our front, from which Col. Siegel was to have commenced his attack. This fire was answered from the opposite side of the valley, and at a greater distance from us; the line of fire of the two batteries being nearly perpendicular to our own. After about ten or twelve shots on either side, the firing ceased, and we neither heard nor saw any thing more of Gen. Siegel's brigade until about 8 o'clock, when a brisk cannonading was heard for a few minutes, about a mile to the right of that heard before, and from two to three miles distant.

Our whole line now advanced with much energy upon the enemy's position. The firing, which had been spirited for the last half hour, now increased to a continuous roar. During this time Capt. Totten's battery came into action by section and by piece, as the nature of the ground would permit, (it being wooded, with much undergrowth,) and played upon the enemy's lines with great effect. After a fierce engagement, lasting perhaps half an hour, and in which our troops retired two or three times in more or less disorder, but never more than a few yards, again to rally and press forward with increased vigor, the enemy gave way in the utmost confusion, and left us in possession of the position.

Meanwhile, Capt. Plummer was ordered to move forward on our left, but meeting with overpowering resistance from the large mass of infantry in the corn-field in his front, and in the woods beyond, was compelled to fall back; but at this moment Lieut. Dubois' battery, which had taken position on our left flank, supported by Capt. Steele's battalion, opened upon the enemy in the corn-field a fire of shells, with such marked effect, as to drive him, in the utmost disorder, and with great slaughter, from the field.

There was now a momentary cessation of fire along nearly the whole line, except the extreme right, where the First Missouri was still engaged with a superior force of the enemy, attempting to turn our right. The General baving been informed of this movement, sent the Second Kansas to the support of the First Missouri. It came up in time to prevent the Missourians from being destroyed by the over

The battalion of regular infantry under Capt. Steele, which had been detailed to the support of Lieut. Dubois' battery, was during this time brought forward to the support of Capt. Totten's battery. Scarcely had these dispositions been made, when the enemy again appeared in very large force along our entire front, and moving toward each flank. The engagement at once became general, and almost inconceiv ably fierce, along the entire line; the enemy appearing in front often in three or four ranks, lying down, kneeling, and standing, the lines often approaching to within thirty or forty yards of each other, as the enemy would charge upon Capt. Totten's battery, and be driven back.

Early in the engagement, the First Iowa came to the support of the First Kansas and First Missouri, both of which had stood like veteran troops, exposed to a galling fire of the enemy.

Every available battalion was now brought into action, and the battle raged with unabated fury for more than an hour, the scales seeming all the time nearly equally balanced, our troops sometimes gaining a little ground, and again giving way a few yards to rally again. Early in this engagement, while Gen. Lyon was leading his horse along the line on the left of Capt. Totten's battery, and endeavoring to rally our troops, which were at this time in considerable disorder, his horse was killed, and he received a wound in the leg and one in the head. He walked slowly a few paces to the rear and said, "I fear the day is lost." I then dismounted one of my orderlies and tendered the horse to the General, who at first declined, saying it was not necessary. The horse, however, was left with him, and I moved off to rally a portion of the Iowa regiment, which was beginning to break in considerable numbers.

In the mean time the General mounted, and, swinging his hat in the air, called to the troops nearest him to follow. The Second Kansas gallantly rallied around him, headed by the brave Col. Mitchell. In a few moments the Colonel fell, severely wounded; about the same time a fatal ball was lodged in the General's breast, and he was carried from the field-a corpse. Thus gloriously fell as brave a soldier as ever drew a sword-a man whose honesty of purpose was proverbial-a noble patriot, and one who held his life as nothing when his country demanded it of him.

Of this dire calamity I was not informed until perhaps half an hour after its occurrence. In the mean time our disordered line on the left was again rallied, and pressed the enemy with great vigor and coolness, particularly the First Iowa regiment, which fought like veterans. This hot encounter lasted perhaps half an hour.

After the death of Gen. Lyon, when the enemy fled and left the field clear, so far as we