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law and the authority of the Military Board, and said Military Board having passed the following order:

MILITARY BOARD, Frankfort, Aug. 1, 1861. On motion of General Dudley, Resolved, That his Excellency, the Governor, be requested to take such steps as he may think best calculated for the recovery of the public arms forcibly taken from Mayfield and carried

to Fulton County.

A copy-attest.

P. SWIGERT.

-Now, therefore, I, B. Magoffin, Governor of the Commonwealth of Kentucky, do now issue this, my proclamation, commanding every citizen or other person, within the jurisdiction of this State, having in his possession any arms or munitions thus unlawfully seized as above stated, forthwith to deliver up the same to the judge of the county court of the county in which he resides, to be returned by said judge to the State arsenal at Frankfort; and I make this appeal to the loyalty of such citizens in good faith, believing that they will promptly manifest such a signal poof of their fidelity to the laws and authorities of the State; at the same time warning all concerned that if this order be not promptly obeyed, my duty will require the most rigorous enforcement of the laws against all disobedient offenders.

In testimony whereof, I have here-
[L. s.] unto set my name, and caused the
seal of the Commonwealth to be
affixed. Done at Frankfort, this, the 3d day
of August, A. D. 1861, and in the seventieth
year of the Commonwealth.
B. MAGOFFIN.

By the Governor,
THOMAS B. MONROE, JR., Secretary of State.

Doc. 158.

| States, and suggesting the importance of having an understanding with regard to several questions connected with the transfer. I have also suggested that, when Tennessee shall have contributed her 25,000 brave volunteers to the Government, she would be entitled to, and I was confident would receive at the hands of the President, her full proportion of the posts of honor, as well as those of danger, in the field and staff appointments in the army.

I have recommended in general terms the various officers heretofore appointed by me, and insisted upon their reappointment by the Presi dent; but have at no time made or thought of making the appointment of any man or set of men a condition precedent to the transfer. So far from it, I have regarded it as a matter of too much importance to the public to allow the interests of any individual to retard it for a moment.

I have an agent now at Richmond for the purpose of conferring with the President and Secretary of War upon all questions that it is deemed important to have understood in making this transfer. I have no doubt they will be settled to the entire satisfaction of the Government and myself in a few days, as they are of a character which need only to be suggested to be settled. This, doubtless, would have been done long since, but for the immense pressure of important duties devolving upon the President. When it is done, the transfer will be properly made.

I shall continue to insist, as well after as before making the transfer, upon having full justice done to the State in the general and staff appointments. I, however, have not at any time doubted the disposition of the President to do ample justice to Tennessee and Tennesseeans by giving position to such as have shown themselves competent and worthy.

THE MILITARY POWER OF TENNESSEE. More than this I shall not ask at his hands.

LETTER FROM GOVERNOR HARRIS.

To the Elitors of the Memphis Avalanche:Your editorial of yesterday morning justifies me in asking the use of your columns to correct an error into which a portion of the public press have fallen. That error is in relation to the supposed existence of an issue between the President of the Confederate States and myself as to the terms upon which the Provisional army of Tennessee is to be transferred to the Government of the Confederate States.

There has been no issue whatever, nor the slightest misunderstanding, between that Government or any one of its officers and myself upon that subject.

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rectionary purposes.

I have, from the beginning, seen the impor- AN AOT to confiscate property used for insurtance of placing all the military resources and military appropriations of the several States under the control of the Confederate States, and on the 24th of June, and several times since that day, have written to the President calling his attention to the importance of transferring the army of Tennessee to the Confederate

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the Presi

dent of the United States shall have declared, by proclamation, that the laws of the United States are opposed and the execution thereof obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employee, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.

ment of the United States, contrary to the provisions of this act.

Doc. 160.

A PLAN OF SETTLEMENT. THE New York Journal of Commerce suggests the following plan of settlement:

a way,

To return to the question of our interrogator: Without knowing or being particularly anxious to know what was his object in asking it, we can devise a way by which our troubles can be settled without more bloodshed: too, which we deem far more honorable and Christian, as well as far more politic and humane, than this wholesale butchery of brethren and kindred, under the plea of enforcing the laws. It is as follows.

1. Let an armistice be agreed on between the two belligerents for three months.

2. Let the Executives of the two powers, by means of Envoys, arrange for a Convention of Sec. 2. And be it further enacted, That such delegates from each of the thirty-four States prizes and capture shall be condemned in the now or lately composing the American Union, district or circuit court of the United States-said Convention to be held at Louisville, Ky., having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they be taken and proceedings first instituted.

Sec. 3. And be it further enacted, That the Attorney-General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

at such date as may be agreed on; it being understood that the clection and sending of such delegates shall in no way prejudice the claims of either of the belligerents, in case the Convention should fail to come to any peaceful arrangement.

3. The business of the Convention should be to devise, if practicable, some plan of reunion under a modified constitution, such as they may agree upon, whereby all the thirty-four States can cooperate with each other for the common defence against foreign invaders;— for mutual free trade between themselves,— for uniform duties upon imports from foreign countries,-for a common post-office and mail system, &c., &c.

4. If a reconstruction should be found impossible, then arrange for a peaceable separation and a pro rata division of the common property, with reciprocal treaties of amity, commerce, mails, &c.

5. In case of a reconstruction, we take it for granted that the individual States, as such, must have more rights and immunities than they have under the present Constitution. They must at least be independent of each other as to all local institutions and interests, especially in the matter of slavery. At those points where the present machinery chafes, there must be an easing off, so that it may run more smoothly hereafter.

Sec. 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, intrenchment, or in any inilitary or naval service whatsoever, against the Government and lawful authority of the United States, then and in every such case the person to whom such labor or service is claimed to be due shall for- 6. The same end might be answered by havfeit his claim to such labor, any law of the ing two Sections in each of the two Houses of State or of the United States to the contrary Congress; one to be called the Northern Secnotwithstanding. And whenever thereafter the tion, and the other the Southern; and no bill person claiming such labor or service shall seek to become a law unless concurred in by a mato enforce his claim, it shall be a full and suffi-jority of each Section of both Houses. cient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Govern

This

would retard legislation on some subjects, but it would afford the South (which is a decided minority as compared with the North, and will

become more so from year to year) a guaran- | particular importance, unless it be the souring tee that their peculiar interests would not be of a large portion of the rations, which rensacrificed to sectional prejudices or fanaticism.dered them unfit for use, and much embarrassed Perhaps it might be sufficient to have a Northern and a Southern Section in only one House, leaving the other as it is at present.

7. Whatever plan, either of reconstruction or separation, might be adopted by the Convention, should only become binding upon the States, after being ratified by three-fourths of the eleven Confederate States, and also by three-fourths of the twenty-three United States. 8. The suppression of hostilities for three months, and the turning of men's thoughts to plans for mutual benefit instead of mutual destruction, would be almost sure to open the eyes of both sections of the country to the enormous wickedness of the war, on one side or on both, and to result in its speedy termination. This alone would be a great point gained, and would probably lead to a satisfactory arrangement of the main question at no distant day.

-N. Y. Journal of Commerce, August 3.

Doo. 161.

EXPEDITION TO THE POCOMOKE. A LETTER from Fortress Monroe, dated August 3, gives the following account of this expedition:

A secret expedition consisting of tugs Fanny, Fanny Cadwallader, and Adriatic, two launches and two batteaux, manned by forty of the Naval Brigade, and bearing companies A, F and C, (Captains White, Winchester, and Lou-. ther,) of the Tenth regiment, left the fortress Wednesday morning, July 31. Their destination, and the time of their absence even, so far as possible, were kept profoundly secret. The fact that three days' rations were taken, afforded the only clue that could be obtained in regard to the matter.

A portion of the expedition returned last evening for more provisions, and on their way out, met the remainder which arrived here this morning. From one of the officers I have full details. The expedition had one rifled 32-pounder, which, as will be seen, did excellent execution under the direction of Lieut. Tillotson, of the Naval Brigade, to whom belongs a high meed of praise for the coolness and accuracy with which he served the gun. The soldiers were armed with muskets. Four of the officers had rifles, and whenever they used them threw lead and consternation among the ranks of the rebels. The whole affair was in charge of Capt. Crosby, U. S. A.

The object of the excursion was to seize arms and rifled cannon said to be in conveyance from Accomac County to the rebels, in spite of the blockade, and to see if any important defence had been erected by the rebels, as reported. Leaving the fortress quite early Wednesday morning, the fleet cruised during the day up the bay, without meeting with any incident of

the remainder of the journey. During the night they lay at anchor off Watt's Island, and very early in the morning proceeded to the mouth of Pocomoke River, which empties into Pocomoke Sound. In two launches, each bearing fifty men, and one of them a 32-pound howitzer, they landed at Fletcher's wharf at five o'clock Thursday morning. A company of the Roanoke Rifles, who were drilling at the time of the approach of the expedition, were frightened and fled in consternation to the woods and fields in the rear of the house near the wharf, which subsequently proved to be the head-quarters of the company. The crews of the boats immediately effected a landing and pursued the retreating rebels a short distance. They then proceeded to search the house, and found a negro, who at first refused to give any information. After some threats, however, he acknowledged that the building was used as the head-quarters of a detachment of the Roanoke Rifles, and that two or three times a week they were accustomed to meet there for drill; that the captain of the company was James Fletcher, the owner of the place; that the first-lieutenant was a Mr. Crossly, who owned a house very near, and which was searched by our troops. In their search they also found Crossly's uniform. It was brought back, together with one of the rebel guns, as a trophy, by Capt. White. In the barn they found five boxes, recently emptied of rifles, also several from which uniforins had been taken. It is only just to say that the boxes were marked "from M. Goldsmith & Co., Chestnut street, Philadelphia." There was also an order found for assembling the Roanoke Rifles last Tuesday, together with a number of copies of Gilham's "School of Tactics," military books, papers, &c. A large quantity of oats, corn, and bacon was also stored in the barn. The bacon the soldiers were especially desirous of taking. This, Captain Crosby refused to permit, though his men had subsisted on a single ration for forty-eight hours.

The next visit was to the sutler's. Here they found a number of glasses, which the officers had evidently just left in their hasty retreat. A portion of the glasses were partly filled with liquors, and a large quantity was found inside. There was a general stock of provisions, boots, shoes, and dry goods inside, not any of which the soldiers were permitted to touch by Capt. Crosby. Their hunger, though, finally betrayed them into the taking of some eggs and gingerbread, which when Capt. C. discovered, he compelled them to pay seven dollars as a remuneration. His conduct received much censure from those who accompanied him in these things, and the idea of a company of half-starved Federal troops being compelled to put their hardearned dimes into secession coffers in return for the necessities of life, when they were in the very head-quarters of the enemy, is certainly

not one of the most pleasant for contemplation | them. Lieut. Tillotson, of the Naval Brigade, in the present state of affairs.

in charge of our 32-pounder upon one of the launches, then sighted the piece accurately and sent a concussion shell into their very midst. The rebels then scattered into the woods. Our men upon the boats discharged their muskets into the woods, and the pickets having been taken on board, and several shots given from Tillotson's gun, Capt. Crosby again gave the order to retreat and the expedition floated down the river. The Fanny Cadwallader was found some distance below run aground, and all efforts to get her off were for a time unavailing. She was near the shore, and had the enemy known the circumstances, they could not have found a more favorable opportunity for attacking the expedition, and would certainly have sunk the boat aground and scattered the fleet, had they come in season.

In a short time the order was given by Capt. Crosby to throw her coal overboard. Several of the men were detailed for the purpose, and commenced the speedy execution of the order. The Fanny was then attached to the Fanny Cadwallader, and had scarcely succeeded, after much effort, in getting her off, when Capt. White, who was again ashore with pickets, saw movements in the woods and a large white wagon approaching, guarded by several soldiers. The picket fell back to the boats. A few moments afterward a shot from a rebel howitzer was sent whirling toward the launch which bore Tillotson's gun, and a shower of musket and rifle balls fell among the boats. Tillotson answered the fire bravely and effec

Capt. Louther's company were now put in command of a bridge near by, while Capt. White was sent across with his as skirmishers in the adjacent woods and fields about. Scarcely had the movement been made, when a negro woman came running down with the intelligence that the rebel troops were advancing rapidly toward them from Temperanceville, about five miles further inland. The alarm, she said, had spread, and all the country around was aroused. Not many minutes after the crack of rifles upon Capt. White's pickets announced the presence of the rebels. Our men quickly collected together, and commenced firing in return. The enemy were scattered about firing with rifles from behind the fences and haystacks, or under cover of the woods around the open field where our troops had formed. As soon as Capt. White's men were in rank, he marched them out under the open fire and directly toward the locality whence the shots came thickest, loading and firing as they went. Four of the enemy had been killed, when they were gathered up by the rebels, who fled precipitately. One squad, numbering about fifteen, was chased at least half a mile, and our men were pressing on intending to pursue them to Temperanceville, when Capt. Crosby overtook them with the order, "Make the best of your way back to the fort as soon as possible!" Not one of our men had been even wounded. The charge that had been made by them was a splendid one, and not a single soldier of ours showed any thing but bravery. The credit of the affair.tively. The action continued briskly for about belongs to Capt. White and his company, and fifteen minutes, the rebels firing from behind a to Lieut. Ryan, who rushed on bravely at the sand battery and the trees. Their aim, howhead of about fourteen of the Naval Brigade. ever, was much too high and none of their Lieut. Ryan had a Sharpe's rifle, and with it shots scarcely but fell beyond. Some of the shot one of the rebels down deliberately. The rifle balls struck the smoke-stacks of the steamFederal troops took a number of muskets, caps, ers, and quite a number of bullets marked the pieces of uniforms, &c., and had it not been for upper parts of the boats. Not one of our men, the order to retreat would have captured a so far as I am able to learn, was injured. The large number of prisoners. I may here say rebels had two howitzers playing mostly on that the uniform of Lieut. Crossly is made the launch, where Tillotson kept up a heavy of coarse Kentucky jeans, green facings, and fire, finally dismounting one piece, and, for a trimmed with the "sic semper tyrannis" but-time, silencing the other. Capt. Crosby gave tons. In the afternoon, after the retreat down Pocomoke River, they took a prize schooner, and early the following morning the fleet started for Cherrystone Creek. Arriving at the wharf at the mouth of the river, they found the schooner Passenger. Her captain is also captain of the Cherrystone Guards, a company of rebel troops who rendezvous in the vicinity. They removed a number of things from the schooner, and then fired her and another lying near. They then placed a picket line along the shore. Scarcely ten minutes afterward a cloud of dust was seen up the road, and then a column of bayonets gleaming in the early sunlight. A moment afterward a ball from a heavy gun came whizzing down the road, and struck in the water a very little distance from

the order to retreat, and at the same instant the rebels gave Tillotson a shell. He again fired, and the launch commenced the retreat. Again and again he fired in answer to the gun upon shore, as his boat moved off, until at last she was silenced. Tillotson, after the action closed, received three loud, long, and hearty cheers for his bravery, and the expedition then moved off toward the fortress, where it arrived early this morning. The last engagement occurred at about 3 o'clock yesterday afternoon and continued more than half an hour.

The prize schooner taken at Pocomoke River now lays in the harbor. She is a trim-rigged little craft, and it is regretted by our men that she was not as well stored as built.

-N. Y. World, August 7.

Doo. 162.

TEMPERANCE IN THE ARMY.

RESOLUTIONS ADOPTED AT THE MEETING HELD IN
NEW YORK, august 4.

1. Resolved, That, in the present solemn and momentous condition of our country, our army is our glory and defence, and that in this, especially in our noble volunteers, our sons and brothers, habitually obedient to all the moral and physical laws of their being, we have the greatest confidence. Our prayer is that, amid all the temptations and trials of camp life, they may be kept unharmed and uncorrupted, and that, when their term of service is over, they may return like the army of Cromwell, to be a blessing and not a curse to their country.

2. Resolved, That we rejoice in the recent act of Congress, imposing a heavy penalty upon all in the District who sell to the soldiers intoxicating liquors; also in the prompt and energetic regulations of our youthful commander, to preserve our troops from the snares of the grog-shops. The nation will approve of the severest action in every military district, toward such as for gain will debauch the army. 3. Resolved, That the secret transmission of liquors to the soldiers in camp, in packages of home comforts, by misguided friends, is as mischievous and deadly as it is dishonorable and base, and should receive universal reprobation. 4. Resolved, That in our intense anxiety for friends and brothers, we can never be at ease while they are liable to be led into battle by drunken officers; and we invoke Congress at once to pass a law which shall discharge every officer at the first conviction, whether in battle or on any other occasion.

Doo, 163.

CLAIBORNE JACKSON'S DECLARATION

OF THE INDEPENDENCE OF THE STATE OF MIS

SOURI. AUGUST 5, 1861.

IN the exercise of the right reserved to the people of Missouri by the treaty under which the United States acquired the temporary dominion of the country west of the Mississippi River, in trust for the several sovereign States afterward to be formed out of it, that people did, on the twelfth day of June, one thousand eight hundred and twenty, "mutually agree to form and establish a free and independent republic by the name of the State of Missouri." On the tenth day of August, eighteen hundred and twenty-one, the State was duly admitted into the Union of the United States of America, under the compact called the Constitution of the United States, and "on equal footing with the original States in all respects whatever." The freedom, independence, and sovereignty of Missouri, and her equality with the other States of the Union, were thus guaranteed not only by that Constitution, but by the laws of nations requiring the sacred observance of treaties.

In repeated instances, the Government and people of the States now remaining in that Union have grossly violated, in their conduct toward the people and State of Missouri, both the Constitution of the United States and that of Missouri, as well as the general, great, and essential principles of liberty and free government. Their President, Abraham Lincoln, in avowed defiance of law and the Constitution of the United States, and under the tyrant's plea of necessity, has assumed to regulate com5. Resolved, That we most deeply sympathize merce with foreign nations and among the sevwith our patriotic soldiers in all their hard-eral States, stopping by violence our trade with ships and sufferings, and would do all in our power to alleviate them; yet as we know that in war intemperance often slays more than the sword, as science and observation prove that the severest toils are borne better without than with intoxicating drinks, and the severest wounds are easier healed, and as we know that the drunkard, whether dying in battle or coming home a burden to his family, is ruined for time and eternity, we do most earnestly exhort all our patriotic and self-denying troops, officers, and common soldiers, at once to abjure all intoxicating drinks, often composed of the most destructive materials, and by one simultaneous effort banish intemperance forever from the national army; and we do rejoice in the effort now made to supply each regiment with a thousand appropriate tracts, exhorting every soldier to beware of the bottle, to sign the Ellsworth pledge, and become his own master. This effort we will give not only our good wishes, but our substantial support.

our Southern neighbors, and depriving our citizens of the right secured to them by a special, solemn compact with the United States, to the free navigation of the Mississippi River. He has usurped powers granted exclusively to Congress, in declaring war against the Confederate States; to carry on this unholy attempt to reduce a free people into slavish subjection to him, he has, in violation of the Constitution, raised and supported armies, and provided and maintained a navy.

Regardless of the right reserved to the States respectively, of training the militia and appointing its officers, he has enlisted and armed, contrary to law, under the name of Home Guards, whole regiments of men, foreigners and others, in our State, to defy the constitutional authorities and plunder and murder our citizens. By armed force and actual bloodshed he has even attempted to deprive the people of their right to keep and bear arms, in conformity to the State laws, and to form a well-regulated militia necessary to the security of a free State. With his sanction his soldiers

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