had come ashore. Soon the drum was beating | not, will not, be tolerated. But perfect freedom to arms, and in a short time the Fernandina Volunteers, Island City Guards, and also the private citizens, were armed and on their way to the scene of action. After arriving at the beach, we learned that the vessel ashore was the barque Alvarado, a prize captured by the privateer Jeff. Davis, and she was, by order, making for our town. The prize crew consisted of eight men, the captain of which was a Savannah pilot; they came ashore and brought their private property. We soon learned that the Yankee captain, his wife, and a negro were aboard, who refused to come ashore, and who raised the American flag, Union down, as soon as the prize crew left. A detachment of our citizens subsequently went aboard and brought them on shore, and they are now in our town. At this time the United States ship Vincennes, which had been pursuing the prize, soon anchored and fired a few guns at the barque, which, however, did not take effect. of the ballot-box has and will be accorded, and no man's rights, property, or privileges shall be disturbed. All who desire peace can have peace by quietly and harmlessly pursuing their lawful avocations. But Tennessee having taken her stand with her sister States of the South, her honor and safety require that no aid shall be given within her borders to the arms of the tyrant Lincoln. We have asked of the North a recognition of our political equality, and have been refused. We have asked for terms merely under which we could enjoy a sense of safety to our property and time-honored institutions, but in vain. Under such circumstances the States of the South resolved to submit no longer to long repeated and vexatious intermeddling with our rights. The North was deaf to justice, because they believed they had the power to crush us if we rebelled. With terrific threats they moved great armies upon us. Those armies have been driven back, with havoc and consternation. Heaven has smiled upon the South After impatiently waiting for some time, the barque (carried by the rising tide) got afloat-blessing her with rich harvests and heroic and came nearer to the shore, so near, in fact, that the six-pounders on the beach could throw a ball some distance beyond; a company of our men manned the yawl boat brought ashore from the barque, and started to board her, when it was announced that three launches had started from the ship for the same purpose; our men perceiving this, and not being prepared to resist so large a number, returned to the shore. The men from the Vincennes proceeded to the barque, amid a shower of six-pounders, which fell thick and fast all around them, and, after raising a United States flag, set fire to her and left. The vessel continued burning all night, and yesterday morning numbers of our citizens and others from Old Point were around the wreck, trying to save what they could. The Yankee captain lost all of his clothes, and every thing else which he and his wife had aboard. It is estimated that the prize was worth one hundred thousand dollars, being the most valuable one yet captured by our bold privateer. The prize vessel was loaded with medicines, wool, copper, and furs. Doc. 171. ZOLLICOFFER'S PROCLAMATION. AUGUST 8, 1861. To the People of East Tennessee: In assuming command of the military forces of this division, I cannot forbear an earnest appeal to all who have preferred the old Union no longer to resist the recent decisions at the ballot-box by overwhelming majorities of the people of Tennessee. The military authorities are not here to offend or injure the people, but to insure peace to their homes, by repelling invasion and preventing the introduction of the horrors of civil war. Treason to the State can sons. The North is already shaken as with a palsy-her late arrogant soldiers filled with apprehension-her late boasted revenues dwindled to a stern necessity for direct taxation. Can there be recreant sons of Tennessee who would strike at their brothers while thus struggling for Southern honor and independence? or who would invite the enemy over the border, to inaugurate war and desolation amid our own fair fields? There can be but few such. If any, it were better for their memory had they perished before such dishonor. Let not the Union men of the late contest at the ballot-box, among whom I personally know so many to be patriotic and true men, be carried along by excitement or passion into so deplorable an extreme. Though differing upon the late political questions we are all Tennesseeans. For the honor and glory of Tennessee let us be, as heretofore, shoulder to shoulder in battle, or peacefully at home, not sorrowing when victory perches on the standards of Tennessee regiments. F. K. ZOLLICOFFER, Brigadier-General Commanding. flected quite severely upon the character and | which I referred previous to this digression conduct of our soldiers, until they could en- continued to increase until a frantic collection dure it no longer, and concluded to take the had surrounded the building, and were filling matter into their own hands. Early this after- the air with loud shouts and imprecations. At noon several soldiers of the First regiment this time, several persons went up to the printwent to the printing office, and asked for some ing rooms, which were in the third story of of the papers, with the intention of purchasing Low's block, and found the doors locked. Imthem, and it is reported that the publishers re-mediately after a revolver was fired, and the fused to sell them. The soldiers afterward ball passed through the floor into the second went into the street and by some means pro-story, into a room occupied by Tailor Stewart's cured several copies; these were read to an sewing women, causing, of course, great conexcited and increasing multitude. In one ar- sternation. From the direction of the ball, it ticle the editor spoke of the premium which is evident that the weapon was fired for the Congress had offered to induce the three simple purpose of intimidating the crowd. months' men to reënlist for three years. The writer then went on to state that the men would be allowed to change from one company or regiment to another in order to get clear of obnoxious or incompetent officers, and closed by stating that "This may be the case with a certain Northern New England regiment, a portion of which actually mutinied against the abolition Colonel who commands it, before leaving for the seat of war. A number of his men, having demanded a furlough to visit their friends over Sunday, were refused. Whereupon they formed into line and charged bayonets on the recusant commander, who made sudden tracks for the nearest fence. This movement the men greeted with shouts of derisive laughter, and three cheers for Jeff. Davis.' They were subsequently granted the required furlough, and order reigned in Warsaw.' After reaching Washington, it was found necessary to divide this regiment, and station portions of it at different points." There is no question but what the above refers to our regiment. The following are other specimens of the matter which the edition of the paper referred to contained: "Our Southern papers are filled with heartsickening accounts of the murders and robberies which individuals in Old Abe's Mob are perpetrating on the Southern people. Innocent women and children are shot on their own doorsteps, for wearing what is called secession bonnets. No wonder the Northern people run, when the honest men of the South march toward them. 66 Soon after the publishers, four in number, appeared at the windows armed with revolvers, guns, and axes. One of them very impudently reached forth a Colt's revolver, shook it, and told the crowd they were well prepared and should defend themselves to the last extremity. Those who composed the mob answered with ejaculations like these following: "fire, you traitor "-"you rebel and secessionist fire, if you dare." At this time the City Marshal appeared and read the riot act, and with great difficulty prevented the soldiers from ascending the stairway. John M. Hill, Esq., and several prominent citizens endeavored to calm the excited populace, but with no effect; they then went up to the office and told the publishers that if they would give up their arms they would endeavor to protect their persons and property. They agreed to this, but before any thing could be done the soldiers were at the head of the stairs and all parleying was at an end. The rioters attempted to enter, but the door was bolted, and they commenced staving out the panels; firearms were then freely used inside, and several of the crowd were wounded -one in the arm, another in the hand, while bullets passed through the clothes of a number. The firing was distinctly heard in the street, and thousands filled the way to a long distance above and below the building. The soldiers were unable to procure their muskets, and we believe they had no weapons excepting dirks. The publishers escaped into the attic by a ladder, and the rioters took possession. The work of demolition was now commenced in good earnest; types, desks, paper of all kinds, and in fact every thing which is used about a printing office, came tumbling down on to the sidewalk in a fearful manner. Bonfires were immediately kindled, and the relics of the secession press were thrown upon the burning pile, while the soldiers gathered around the smouldering ruins, and gave vent to their joy in the wildest acclamations. After the fires had somewhat abated, and nearly every thing had been consumed, the City Marshall went into the office and prevailed upon the rioters to go into the street. As I close, the excitement is intense, and diligent search is being made for those connected with the paper. It is feared their lives will be taken in case they are found. 7 o'clock P. M. Mob law is again triumphant; the soldiers discovered the hiding-places of the publishers and seized their unfortunate victims, but the citizens rescued them, and with great difficulty carried them to the police-station. Their preservation from death was a very remarkable circumstance, and had it not been for a few brave men their lives would have paid the penalty of their deeds. Among those who displayed the most commendable bravery in res-act, the President of the Confederate States cuing them, I would mention John Foss, Esq., the Warden of the Prison. The victims were hurried to the police-station on the full run, the crowd following after, and shouting "Lynch them! ""lynch them!" The citizens are endeavoring to calm the rioters, but are fearful of another outbreak before morning. As I close I learn that the publishers have been secretly carried to the State Prison, in order to render them as secure as possible; they are considerably bruised, but not seriously injured. A flag has been suspended across the street in front of the office, bearing the words, "The doom of traitors." SECTION 1. The Congress of the Confederate States of America do enact, That, whenever there shall be war declared between the Confederate States and any foreign_nation or Government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the Confederate States by any foreign nation or Government, and the President of the Confederate States shall make public proclamation of the event, or the same shall be proclaimed by act of Congress, all native citizens, denizens, or subjects, of the hostile nation or Government, being males of fourteen years of age and upwards, who shall be within the Confederate States, and not citizens thereof, shall be liable to be apprehended, restrained, or secured, and removed as alien enemies; Provided, that, during the existing war, citizens of the United States residing within the Confederate States, with intent to become citizens thereof, and who shall make a declaration of such intention, in due form, and acknowledging the authority of the Government of the same, shall not become liable, as aforesaid, nor shall the act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri, and the District of Columbia, and the Territories of Arizona and New Mexico, and the Indian Territory south of Kansas, who shall not be chargeable with actual hostility, or other crime against the public safety, and who shall acknowledge the authority of the Government of the Confederate States. | SEC. 2. The President of the Confederate States shall be, and he is hereby, authorized by his proclamation or other public act, in case of existing or declared war, as aforesaid, to provide for the removal of those who, not being permitted to reside within the Confederate States, shall refuse or neglect to depart therefrom; and to establish such regulations in the premises as the public safety may require. SEC. 3. Immediately after the passage of this shall, by proclamation, require all citizens of the United States, being males of fourteen years and upwards, within the Confederate States, and adhering to the Government of the United States, and acknowledging the authority of the same, and not being citizens of the Confederate States, nor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of such proclamation; and such persons remaining within the Confederate States after that time shall become liable to be treated as alien enemies; and in all cases of declared war, as aforesaid, alien residents within the Confederate States, who shall become liable as enemies, as aforesaid, and who shall not be chargeable with actual hostility, or other crimes against the public safety, shall be allowed the time for the disposition of their effects and for departure, which may be stipulated by any treaty with such hostile nation or Government; and when no such treaty may exist, the President shall prescribe such time as may be consistent with the public safety, and accord with the dictates of humanity and national hospitality. SEC. 4. After any declared war, or proclamation, as aforesaid, it shall be the duty of the several Courts of the Confederate States and of each State having criminal jurisdiction, and of the several Judges and Justices of the Courts of the Confederate States, and they are hereby authorized upon complaint against any alien or alien enemies as aforesaid, or persons coming under the provisions of this act, who shall be resident or remaining in the Confederate States, and at large within the jurisdiction of such Judge or Court, as aforesaid, contrary to the intent of this act and of the proclamation of the President of the Confederate States or the regulations prescribed by him in pursuance of this act, to cause such alien or aliens, person or persons, as aforesaid, to be duly apprehended and conveyed before such Court, Judge, or Justice for examination; and after a full examination and hearing in such complaint, and sufficient cause therefor appearing, shall or may order such alien or aliens, person or persons, to be removed out of the territory of the Confederate States, or to be otherwise dealt with or restrained conformably to the intent of this act, and the proclamations or regulations which may be prescribed, as aforesaid; and may in prison or otherwise secure such alien person until the order which shall be made shall be performed. SEC. 5. It shall be the duty of the Marshal of the District in which any alien enemy or | apparent that the substitution of military for persons offending against the provisions of this judicial measures for the enforcement of such act shall be apprehended, who, by the Pres-claims must be attended by great inconvenience, ident of the Confederate States, or by the order embarrassments, and injuries. Under these cirof any Court, Judge, or Justice, as aforesaid, cumstances, it seems quite clear that the subshall be required to depart and to be removed stantial rights of loyal masters are still best proas aforesaid, to execute such order by himself tected by receiving such fugitives, as well as or deputy, or other discrete person; and for fugitives from disloyal masters, into the service such execution the Marshal have the warrant of the United States and employing them under of the President or the Court, or Judge, as the such organizations and in such occupations as case may be. 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. Doc. 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. 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. Secretary of the Navy.-Isaac Toucey, of Conn. 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 Postmasters-General.-Joseph Holt, of Ky.; measures necessitated by it; and it is equally Horatio King, of Me., appt. Feb. 12, 1861. Secretary of the Interior.—Jacob Thompson, of Miss. Attorneys-General.-Jeremiah S. Black, of | Leavenworth, from Kearney, in ten or fifteen days from this time. Penn.; Edwin M. Stanton, of Penn., appt. 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 LETTER FROM GEN. D. M. FROST TO GOV. JACKSON. Public arms (to the number of 5,000) to socie 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 fore, by no means bound to give him aid or distasteful to them; and that they are, therecomfort 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. cer of the present military district to form a 5. Authorize, or order the commanding offimilitary 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. done, will occur to your Excellency which have your Excellency, but for the fact that you were servant, Doo. 175. BATTLE OF WILSON'S CREEK, MO.* 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. |