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our friends to blush for our deeds. We cannot | oppose the enemies of our adopted country. We erect a stone monument to the memory of the shall hear of many a high example of noble darbrave man whose cherished name we bear, but ing and heroic endurance, and you will not let the we will erect a mausoleum to De Kalb's mem- enemy destroy our liberty and Union-those gloory that will ever after have a place in the his-rious legacies for which you have left the homes tory of our adopted country.

This short and pertinent speech of the warrior chieftain elicited the most enthusiastic approbation. The Singing Society then chaunted a splendid chorus, entitled the "Warrior's Prayer."

Hon. George Bancroft, the eminent historian, led Miss Pauline Antoinette Witthaus to the centre of the stoop, the son and little daughter of Mr. W. standing on each side, and the father above them. On the left Mr. Amos F. Eno held in his hand the costly and chaste regimental banner which the young, accomplished, and patriotic lady presented to the De Kalb regiment. Mr. Bancroft, in a pure German accent, addressed the regiment as follows:Worthy, brave, and gallant soldiers: I am greatly honored by introducing to you this blushing maiden, who is desirous of expressing her patriotism for her country by presenting you, through her father, with this beautiful banner, bearing the likeness of Baron de Kalb, your patron saint. When, in the heat of battle, you rally around this standard, let that flag remind you of the virgin beauty who stands before you, and inspire you with a valor characteristic of the brave General whose features adorn the banner about being handed to you. (Great applause.)

Mr. R. A. Witthaus addressed Col. Von Gilsa as follows:

Officers and Soldiers of the De Kalb Regiment: -This war has been forced upon us for the necessary defence of our national security, for the maintenance of our laws and the Constitution. The war has actually begun, and the clash of resounding arms is borne to us upon the wings of the zephyrs from the sunny South. We have no choice which course to pursue. A lawless minority of rebels, enemies to our peace and strangers to our laws, hold the conservative and sober-minded under military despotism. Each hour cries protection for them, and, therefore, we do not engage in any sanguinary exploits to subjugate millions; it is not our object to perpetuate hostilities, or even to cherish a military spirit. No, soldiers, our duties are higher and purer-our work is consecrated to our liberty and Union. They are our safeguard at home, our dignity abroad-the patrimony of our patriots and the inheritance of our children. The adopted citizens of German birth are marked by industry, modesty, and honesty of heart in times of peace; but in times of war and strife a Hermann proved himself the victor of the Romans, and I fear not but you whose sturdy limbs were fostered by the bracing climate of Germany will prove yourselves worthy of your breeding. Attack the foe manfully, and let your sinewy arms charge home upon him. You will gallantly perform deeds of valor and

of your birth, that dear fatherland, whence many an anxious eye is now watching the issue of events. Officers and soldiers of the De Kalb Regiment: By a special favor from the military authorities of the Empire State you are permitted to bear the name of that gallant hero who, together with a galaxy of your gifted countrymen, flew hither, in the times that tried men's souls, to array themselves on the side of the oppressed in a struggle which resulted in the blessings of a liberty which we now enjoy, and which we are sacredly bound to preserve for our children. I am requested to present to you on the part of my children-American by their mother, German by their father-this regimental flag and guide colors, bearing the portrait of Baron de Kalb, of whom the father of this country, the illustrious George Washington, so truly said, "The generous stranger who came from a distant land to fight our battles and to water with his blood the tree of our liberty; would he had lived to enjoy its fruit." Among all the heroes of the Revolution we may well challenge comparison for him. Side by side with the heaven inspired patriots and warriors he bore the burthen and heat of the battle; his acts gave you the title deeds to your share of America as adopted citizens; and how well that right is treasured and most jealously guarded by you is best proved by the many regiments of patriotic Germans who, since the first fire on the Stars and Stripes at Fort Sumter, have enrolled themselves for the maintenance of the laws of this our adopted country. This country is dear and sacred to us by the ties of our wives and children, by the blood of our patriots, and by the ashes of our departed. I have asked myself the question, whence this ardent and spontaneous patriotism on the part of our German citizens? and I have found the answer quickly. They know too well, from experience in their dear fatherland, what it is to have a country torn asunder and divided into many small kingdoms and principalities; they know full well the insurmountable difficulties to move the commerce, practical science, manufactures, and agriculture as with one united effort, and while this their adopted country has done for them all in time of prosperity, the German cardinal virtues, "honesty and gratitude," prompt them to do all in their power now in its time of need. Officers and soldiers: I see many among you who have left honorable positions of trust and emolument in order to oppose the enemies of our adopted country, and I sincerely hope, when peace is once again restored, and you have placed the wreath of victory upon the brow of the country you have wedded, that many years of honor and prosperity may be the blessings kind Providence will have in store for you. Colonel Leopold

von Gilsa, I now close in presenting, in the name of my children, this standard and guides to the De Kalb Regiment. May they prove to each patriotic heart a beacon in the battle field; may your regiment honor them, guard them, and protect them, and when victors, remind them of mercy and humanity; and when the curtain of peace rises, and the martial clouds have disappeared, may the banner of the De Kalb fraternize with the glorious flag of the Stars and Stripes in its full and undiminished constellation.

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sented to the De Kalb regiment, N. Y. V., by Miss Pauline A. Witthaus, June, 1861."

Among the distinguished guests invited were: Gov. E. D. Morgan, Governor Hamilton Fish, Major-General John A. Dix, Brig.-General Yates, the Union Defence Committee, Colonel Franklin, Hon. George Bancroft, Hon. George Folsom, John Jacob Astor, jr., Abiel A. Low, Hon. Edward Pierrepont, Gen. P. M. Wetmore, Hon. Samuel Sloan, Henry Grinnell, Archibald Russell, Capt. M. Cogswell, Col. M. Lefferts, Dr. Alexander B. Mott, Elie Charlier, G. H. Witthaus, Egbert L. Viele, Col. Maidhoff, Col. Tompkins, Major Eaton, Amos F. Eno, Edward Jones, and others.

After the presentation the officers of the regiment and the invited guests were invited into the dining-room of Mr. Witthaus, where a collation was already prepared and partaken of with a good deal of gusto.

The festive scene of the occasion was such as will be long remembered by both the donor and recipient. The great interest manifested by Mr. Witthaus in the welfare and full equip

At the conclusion of this address Mr. Witthaus handed the standard to the Colonel, who faced his regiment, waving the same several times. As with one instinct the entire regiment uncovered, and the cheers that greeted that flag could only be uttered by brave and | hardy men, as those constituting the De Kalb regiment are. The guide colors, held by Master Rudolph Witthaus, were also handed to the Colonel, who handed them over to the right and left general guides. The American ensign is manufactured of heavy red, white, and blue silk, trimmed with heavy gold fringe; the staffment of the De Kalb regiment has endeared that is made of hickory, surmounted by a gilt eagle; the cords and tassels are of massive gold bullion. In the centre of the lance, on a metal plate, appears the following inscription: "Presented to the De Kalb Regiment, New York Volunteers, by Mrs. R. A. Witthaus, June, 1861." On the blue field is a shield bearing this inscription, "De Kalb Regiment, N. Y. V.," around which are clustered the thirty-four stars, indicative of the thirty-four States of the Union.

The regimental standard, presented by Miss Pauline A. Witthaus, is a gem of art and workmanship. It was apparently manufactured regardless of cost, and the skill that was lavished upon this emblem challenges the admiration of the beholder. The ground is double dark blue satin, trimmed with heavy yellow silk fringe. On the front of the flag, in a centre piece of drab colored silk, worked with silk chenille, is a life-like portrait of the renowned General De Kalb. Above it appears the American shield, worked in lively colors. Underneath the portrait are the American and German flags interwoven. Around the edges, worked with yellow silk, in German text, is the following inscription:

The generous stranger who left his home

To water with his blood the tree of our liberty.
On the reverse, in the centre, is the Star-
Spangled Banner, across which are worked the
implements of warfare. The following motto
is likewise embroidered in the same style as
that of the front:

And the Star-Spangled Banner in triumph shall wave
O'er the land of the free and the home of the brave.

gentleman to the hearts of not only his fellow countrymen, but to all who have the honor and welfare of our glorious country at heart. Whatever the regiment stood in need of was furnished by Mr. Witthaus, and what the Union Defence Committee did not furnish was purchased from the private fortune of the gentleman whom the regiment have elected as their honorary chief. It must, indeed, have been a proud moment for Mr. Witthaus to view upwards of one thousand brave and stalwart warriors drawn up in front of his mansion, whom, as it were, his indomitable energy and perseverance has called into existence at a short notice of about six weeks, ready, fully armed and equipped, to go forth and battle for the rights of the Constitution and in defence of our beloved flag.

History must certainly reserve one page for the record of the disinterested and patriotic achievements of Mr. R. A. Witthaus. The regi ment, after the presentation, returned to their head-quarters via Fifth avenue, Twenty-third street, and Third avenue.

Doc. 119.

GENERAL ROSECRANS' ORDERS. HEAD-QUARTERS DEPARTMENT OF THE ARMY OF OCCUPATION OF WESTERN VIRGINIA, GRAFTON, July 25, 1861. GENERAL ORDERS No. 1.-By authority of the War Department, Maj.-Gen. McClellan has been relieved from the command of this Department, and ordered to Washington. The command of the Department of the Ohio and Army of Occupation, Western Virginia, devolves upon Brig.-Gen. Rosecrans, U. S. Army, who assumes the command.

The staff is made of nahogany, surinounted by a spear head, from which are suspended a red, white, and blue, and red, gold, and black straps and tassels. In the centre of the lance 2. The First Brigade of the Army of Occuis a silver shield, bearing the inscription, "Pre-pation will, until further orders, consist of the

VOL. II.-Doc. 33

Thirteenth, Fourteenth, and Fifteenth Indiana, | Ohio had moved three miles on the march last and Third Ohio regiments, and Burdsell's Cavalry and Loomis's Battery, to which will also be attached the Depot of Beverly, consisting of the Sixth Ohio, detachments of the First and Second Virginia regiments, and Bracken's Cavalry.

3. The Second Brigade will consist of the Seventh, Tenth, Thirteenth, Seventeenth Ohio, Mack's Battery, and Chicago Cavalry.

4. The Third Brigade will consist of the Ninth and Fourth Ohio, and Howe's Battery, and continue under command of Col. Robert L. McCook, until further orders.

5. The Fourth, consisting of the First and Second Kentucky, Eleventh and Twelfth Ohio regiments, United States Volunteer Infantry, the Nineteenth, Twenty-first, and portions of the Eighteenth and Twenty-second Ohio Volunteer Militia, the Ironton Cavalry, Captain George, and such others as may hereafter be attached, will be called the "Brigade of the Kanawha," and will be commanded by Brig.Gen. Cox, United States Volunteer Infantry.

6. The Brigadier-General commanding desires all officers and soldiers under his command to be animated by the true spirit of the soldier. Let us remember that only by patient training, watchfulness, and care, may we expect to roll back the tide which has for the moment checked our onward movement for the restoration of Law and Order, and with them, Peace and all its blessings. By order,

Brig.-Gen. ROSECRANS.
C. KINGSBURY, Jr., Assis't Adjutant-General.

Doc. 119. OCCUPATION OF CHARLESTON, VA. JULY 25, 1861.

AFTER passing a very tedious day in camp yesterday, and every thing after dress parade had quieted down to the preparations of the night, orders were very unexpectedly conveyed to the different commands to draw rations for a two days' supply, and to be ready by five o'clock to-morrow morning to move forward upon the rebels. Every thing instantly changed from its former quietude to the wildest excite ment. The boys were wild with delight at the prospect of a forward movement. Squads of men were here and there congregated, discussing the various scenes to be enacted-some singing with joy, music playing, and others cheering for their different commanders. Commodore Beltzhoover, of the river fleet, was busy as a bee in a tar bucket, transferring the chattels from boat to boat, making the necessary changes for the conveyance of the troops and stores of the army-as many as the boats could accommodate.

At daylight on the morning of the 24th tents were struck, wagons packed, and the whole column ordered under arms. The Eleventh

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evening, which placed them in the advance. The line of wagons was then moved up, followed by the artillery under the command of Captain Cotter; then, followed by the Twenty-first Ohio, under command of Lieutenant Colonel Nibling, the whole covered with the First and Second Kentucky, under Colonel Enyart and Acting-Colonel Sedgwick. The view of this whole column in line and on its march was most splendid. Every thing being in line, the column was all in motion at eight o'clock A. M. The river fleet, with six companies of the Twelfth Ohio, under the immediate command of Major Hines, started up the river at nine o'clock A. M. The Economy, Commodore Beltzhoover's flag-ship of the fleet, led the van, provided with one piece of artillery, placed upon the bow to answer any summons from the shore.

The other four companies of the Twelfth regiment were with the main body of the army, under command of Lieutenant Colonel White. The boats proceeded cautiously up the river, Major Hines keeping scouts on the river banks to prevent any surprise from masked batteries. After proceeding about seven miles, Major Hines came upon the enemy strongly intrenched in a commanding position. Major Hines sent back word to Colonel Lowe, who was one mile behind on the boats with three companies of the Twelfth regiment, to come forward and support him in the attack. Colonel Lowe, not knowing the position of the enemy, and not expecting to meet the enemy in position on the right hand side of the river, did not feel willing to risk an engagement. After reconnoitring their position, Colonel Lowe thought it advisable to fall back to a safe position, and send word to General Cox, on the opposite side of the river, of the condition of things here. The orders from General Cox were to move forward immediately. In the mean time the main army, under General Cox, had pushed forward and came out upon the Kanawha River, one mile above the enemy on the right. At this point they found the steamer Julia Maffett, with two flat-boat loads of wheat in tow, destined for the use of the enemy. Captain Cotter, of the artillery, soon brought one of his guns to bear upon her, putting one shot and one shell through her hull, when the rebels fled, setting fire to the boat as they left. One of the rebels was left dead on the shore. General Cox, then proceeding on up the river one mile and a half to Tyler creek, suddenly came upon the enemy on the left, quietly cooking their evening repast, it being then sundown. The enemy, when perceiving the advance of the Federal troops, left their supper, ready cooked, upon the field and fled in all directions.

The boys pursued them a short distance, but the enemy were so scattered, and proved so swift of foot, they could not overtake them. The boys returned to the encampment and feasted on the enemy's prepared supper, which

proved a great feast to them. The rebels had appropriated every chicken, duck, and goose, all the eggs and butter, and every other luxury that could be found in this section of the country, without so much as saying "with your leave." Here Gen. Cox encamped for the night. The other portion of the army, with the river fleet, moved up the river at daylight, and found that the enemy had abandoned their position on the right, and moved on up the river. Both divisions of the Federal army were again connected at Elk River one-fourth of a mile below Charleston. Here the rebels had attempted the destruction of the wire suspension bridge across Elk River; but not having sufficient time, succeeded in burning only about forty feet of the flooring, without materially damaging the wires. A large force of men was set to work repairing the bridge. After working all night they had the bridge in a proper condition for the crossing of the army and train. The can tonments of the enemy here were burned down by order of General Cox. There appears to be quite a Union sentiment here at present. All the way from here to Malden great cheering for the Union was manifested.

JULY 26. On the evening of the 25th the steamer Economy, with a detachment of men under Major Hines, was sent up the river six miles to Malden, to look after a foundry at that place, said to be casting cannon for the enemy. Not finding such to be the case, she returned to Elk River. One piece of the enemy's artillery, which was disabled at Scarey Creek battle, was found at a wagon shop, in Charleston, fully repaired and ready for service. It was duly cared for, and is now one of the Union detachments.

The army will commence moving at noon. Dr. Litch volunteered his services to Col. Woodruff, of the Second Kentucky regiment, when at Guyandotte. The Colonel soon placed him upon his staff. The doctor being an experienced cavalryman led the charge upon Jenkins's cavalry at the Muddy Creek bridge fight, and had them at one time surrounded; but from the imbecility of Capt. George, of the cavalry, in not closing in upon him, he made good his escape. The doctor was injured by a horse at the time, and has since been upon the medical staff, where his valuable services are fully appreciated.

James M. Gray, of Company F, Second Kentucky regiment, was accidentally shot on the 23d.

He and another of the company were practising the bayonet exercise, when, becoming locked, his companion suddenly jerking his musket, caught the hammer of the lock in his pants, shooting Gray through the arm and bowels which caused his death.

Lieut. Christy, of the First Kentucky, has been placed upon Gen. Cox's staff.

The rebels, from the best authority that can be obtained here, have fled the country, and are not expected to stop until they reach the eastern shores of Virginia. Should this be the fact there will not be much more fighting in

this valley. Gen. Cox, will, however, proceed on up the valley with dispatch, to Gauley Bridge.

10 A. M.-The steamer Eunice has just arrived with the companies of the First Kentucky, with Col. Guthrie. -Wheeling Intelligencer, July 31.

Doc. 120.

DEBATE ON JOHNSON'S RESOLUTION.

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On the resolution of Andrew Johnson, declaring that the "present civil war was forced on the country by the disunionists in the South; delivered in the United States Senate, July 25, 1861, the following debate occurred:

Mr. Breckenridge said he could not vote for the resolution, because he thought it did not state facts. The present condition of the country was due to the refusal of the majority last winter to listen to any terms of compromise or conciliation. The attack on Fort Sumter was not a sufficient cause for a general war. It was a local difficulty, which he believed might have been settled, but the subsequent acts of the President and his constitutional advisers had done much to bring about a general war. I believe, sir, the gentlemen who represent the majority of the people are responsible for the failure to bring about an adjustment of the difficulty. I do not think the Congress of the United States is acting up to its whole duty to the whole country. I believe the Senate is influenced by considerations which do not touch the interests of the whole country, and to some extent influenced by passion and resentment. I believe this war is prosecuted according to the purposes of the majority of those who are inanaging the legislation of the country for the purposes of subjugation, and I believe it is useless for those who wish for peace to talk to the majority here. He might as well talk to the winds. He then referred to Mr. Trumbull's amendment in regard to freeing slaves in case of being found aiding treason, and contended that it was in effect a general act of emancipation. I contend that this war is not to maintain the Constitution. On the contrary, the Constitution has been trampled under foot by the proceedings of the President. I have undertaken to show that the Constitution has been deliberately, frequently, and flagrantly violated in the course of this war. We have heard violent and denunciatory speeches made in opposition, but we have heard no argument to meet those we have adduced. They, therefore, stand unanswered, and I maintain that the war in its inception and in its prosecution is not to maintain the Constitution, but in derogation of that instrument. It is not enough to tell me that the Constitution has been violated by others. The people of the adhering States have a right to demand that the Constitution shall be the measure of the acts of the Federal Government. Nor is this war to preserve the dignity of the

several States unimpaired. I believe, in point | of fact, if this war continues, the dignity and equality of the States will not be preserved unimpaired. I believe the prosecution of this war for twelve months will be the grave of constitutional liberty on this continent. That is my humble judgment. I believe it is no remedy for the existing difficulties. I believe, when you array ten or twelve millions on one side and nineteen or twenty millions on the other, it is a war of subjugation, and it will terminate in a conquest of one or the other, and equally disastrous to both. I am well aware I stand alone in uttering these opinions. They are my opinions, and I am responsible for them here in my place, and under the Constitution of my country I have a right to utter them in my place. I know that the rampant spirit of passion is abroad in the land, and I know there are many here and elsewhere who have staked their all upon inflaming it, and keeping it inflamed to the frenzy point. The day is not yet, but it draws nigh, when a terrible accountability will be rendered to those who are plunging the country into the vortex of ruin, under the pre-plished, then this resolution declares the war text of maintaining the Constitution and the laws. Peace, peace, sir, is what we want for the restoration of the Federal Government, and the preservation of constitutional liberty.

willing to stand upon. We do not propose to change this compromise of the Constitution; it is the only compromise we can stand upon, and the Senator from Kentucky and the disunionists of the Southern States have no right to come to me and say, you have involved the country in a civil war because you would not do what he wished you to do, because we did not change the Constitution and engraft new provisions upon it, and especially in the face of the public voice of the last election. No, Mr. President, it is the Southern disunionists who are traitors to their country, and they must, and I believe in God they will be subdued. And yet this war is not prosecuted for the purpose of subduing these men, but for compelling them to obey the laws and make them loyal subjects. There is no Senator here but what is subject to the laws, just the saine as we would have these men subject to the Constitution and the laws; and all this clap-trap about subjugation, I think, had better be dismissed from the Senate. These persons must be subjugated to obedience to the Constitution, and when that is accomshall cease. As to the technical criticisms on the language of this resolution, I think it is literally true; therefore I shall vote for it. This war is not prosecuted with any idea of interfering with the institutions of the Southern States. If it was, it could not have my assent. It is prosecuted with a view to maintain the Constitution and the laws. But the Senator now seeks to justify those who seek to subvert the Government, and charges the President with subverting the Constitution and causing a civil war. In regard to the amendment of the Senator from Illinois, any slave who is used by his master actively in the prosecution of this war ought to be freed. The people whom the Senator now defends have turned pirates, declared so by the law of nations, and burn ships and capture white men, and, I am told, they actu ally make their prisoners of war work on their intrenchments. But you say, because we say to these men, if you use your slaves to prosecute this war-this unholy war against the Government-they shall be forfeited, that that is an act of injustice. I say it is an act of justice. One word further, in regard to a personal allusion to myself. I did say, and now repeat, that the very safety of this Government

Mr. Sherman, (rep.) of Ohio-I thank God, sir, that the speech of the Senator from Kentucky does not represent the voice of the people of Kentucky. Ohio and Kentucky have always been friends, in most cases voting together. But if the Senator from Kentucky speaks the voice of Kentucky, then Ohio and Kentucky are enemies, and I know that they are friends. I know that the words now spoken by the Senator from Kentucky do not meet with a response from the people of his own State. He says the President of the United States brought on this war, by his proclamation of April last. I ask, who fired on our flag in Charleston? Would the Senator from Kentucky have us bear the shame and ignomy and not resent it? Who assaulted Fort Sumter and fired on one of the distinguished citizens of his own State, even after he had raised a flag of truce, and fired on him while the buildings were burning over his head? Is this no act of war? Who stole the mint at New Orleans? Who captured the army in Texas and betrayed the country there? Who com--the very existence of civil liberty and civilimitted act after act of war against this country, and in violation of the Constitution organized a new government, denying the authority of the old one, and attempted to subvert the government by force? And yet nothing is said of this by the Senator from Kentucky, but the President is held up as the man who has brought this war upon us. The fact is, the people of this nation have forborne with the disunionists of the Southern States too much and too long. The honorable Senator says we refused to grant any terms of compromise. Our fathers made a compromise which we are now I

zation itself-depends upon the result of this war. I believe if the Southern States are now able to draw a line across the continent, we shall have two Confederacies, warring with each other. I believe every thing depends upon subduing the disunionists, as pointed out by this resolution. All this difficulty has been brought about by men who, because they could not rule, are determined to ruin. I say we have been forbearing long enough. I, for one, am for this war-for its active, vigilant, determined prosecution. Whether I may live or die, or whether my property may go, makes no

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