erate force of Gen. Jackson, which had been ordered to Williamsport and thence to Harper's Ferry, commenced an attack on Maryland Heights. As early as the 15th of August Col. Miles, then in command, received orders from Gen. Wool, commanding the department, to fortify Maryland Heights, which is considered to be the key of the position. He, however, disobeyed the orders, and did nothing to improve its defences. On the 5th of September Col. Thomas H. Ford took command of the force stationed on the heights, and, apprehending an attack from the Confederate army, sent a requisition to Col. Miles for reënforcements and for tools necessary to erect defensive works. He received reënforcements, but not the tools; and with a few borrowed axes constructed a slight breastwork of trees near the crest of the hill on the same day upon which the advance of Gen. Jackson appeared. The forces at Harper's Ferry had been increased that day to about thirteen thousand men, of whom twentyfive hundred were cavalry, by the arrival of Gen. Julius White with the garrison from Martinsburg. Gen. White, although entitled to the command, waived his right in favor of Col. Miles. The only position fortified by Col. Miles was Bolivar Heights behind the town of Harper's Ferry. This is commanded by Maryland Heights and by Loudon Heights situated on the Virginia side of the Potomac and on the right bank of the Shenandoah.

The attack of the Confederate force was renewed, on the morning of the 18th, on the forces stationed on Maryland Heights, and they were driven behind the breastwork. This was soon after attacked, and the enemy were repulsed. Subsequently, through the precipitate flight of a portion of the troops and the premature retreat of the remainder, in consequence of a mistake of orders, the heights were about midday entirely abandoned. Col. Miles, who had visited the position early in the morning, left Col. Ford with permission to exercise his discretion in determining whether to hold or abandon the heights. Subsequently Col. Miles sent to him the following order.

HARPER'S FERRY, Sept. 18, 1862 Col. Ford, Commanding Maryland Heights: Since I returned to this side, on close inspection I find your position more defensible than it when at your station, covered as it is at all points by the cannon of Camp Hill. You will hold on, and can hold on until the cows' tails drop off.

appears

Yours, D. S. MILES, Col. 21st Infantry. The answer of Col. Ford to this order, as stated by Col. Miles, did not indicate that he had the slightest intention of giving up the heights. Col. Ford, after the events above mentioned, disobeyed this order of Col. Miles, abandoned the position, and withdrew his forces across the river. It was only necessary, after this disgraceful retreat, for the enemy to plant their batteries and the position of Harper's Ferry must surely fall. The heights were not, how. ever, immediately occupied by the enemy, and

on the next morning a detachment of the 89th volunteers, sent there by Col. D'Utassy, returned with four field pieces and a wagon load of ammunition. On the 13th the Confederate force began to establish batteries on Loudon Heights, and on the next day opened fire from those heights and also from Maryland Heights. On the night of the 13th, Col. Miles sent a despatch to Gen. McClellan that the position could not be held forty-eight hours longer without reenforcements. This was the night before the battle of South Mountain. On the night of the 14th, the cavalry force under Col. Davis cut their way through the enemy's lines and reached Greencastle, Penn., in safety on the next morning, having captured by the way an ammunition train belonging to the corps of the Confederate general Longstreet. Early in the morning of the 15th Col. Miles surrendered. At that time Gen. McClellan's left wing was in Pleasant Valley, within five miles of him. It has been stated that the ammunition for the batteries was nearly exhausted, and for this reason the place became no longer tenable. The enemy, not perceiving the white flag that had been raised, continued their fire some time afterward, by which Col. Miles was mortally wounded by the fragment of a shell. The principal fighting took place on Saturday; there was very little on Sunday, and none worthy of mention on Monday, when the surrender took place. The military mistake was in abandoning Maryland Heights. No enemy could have occupied the village, or disturbed the railroad or pontoon bridges so long as they were held. Provisions and forage for a siege of four or five days could have been readily transferred to the heights by a road made some months previous. There are abundant springs of good and cool water gushing out from its rocky and wooded sides. When these and the other heights came into the possession of the enemy, surrender or destruction were the only alternatives to Col. Miles. If his entire force had been transferred to Maryland Heights, the Confederate force_present could not for many days have taken Harper's Ferry. By the terms arranged for the surrender, the officers were allowed to go on parole with side arms and private property, and the privates with everything except equipments and guns. The forces which surrendered were as follows: Col. Downye, 3d Maryland Home Brigade....... Col. Maulsby, 1st Maryland Home Brigade..... 115th New York... 120th New York... 89th New York.... 125th New York... 111th New York... 1,000 32d Ohio...... 12th New York S.M. 504 87th Ohio.. 9th Vermont.

........

......

65th Illinois....... Graham's battery.. 600 McGrath's battery.

15th Indiana batt'y.

850

110

115

142

Phillips's N. Y. bat

900

tery..

120

1,000

1,000

Potts's battery. Rigby's battery

100

100

530

Scatt'd companies.

50

Officers connected

1,000

with Headquar

654

ters and Commissary Department

50

900 800 Total............. 11,583

The following guns were surrendered: 18

2-inch rifled, 6 James's rifled, 6 24-pound howitzers, 4 20-pound Parrott guns, 4 12-pounders, 4 12-pound howitzers, 2 10-inch Dahlgrens, 1 50-pound Parrott, and 6 6-pound guns.

The Federal loss in killed and wounded was reported at about two hundred; the Confederate loss has not been stated. In the latter part of the year the circumstances attending this surrender were examined by a court of inquiry at Washington, in accordance with whose suggestions Col. Ford and other officers were dismissed from the United States army. The conduct of Col. Miles was stated in their report to have exhibited "an incapacity amounting almost to imbecility."

The surrender of this position with so little resistance was followed by serious consequences. It took place on the 15th. On the next day, the 16th, most of the Confederate force left it in great haste, crossed the pontoon bridge into Maryland, and joined Gen. Lee at Antietam in time to engage in the great battle on the next day, the 17th. Without the assistance of this force Gen. Lee's army would undoubtedly have been badly defeated and his retreat into Virginia probably cut off. That the importance of their aid was known to their commander, is manifest from the haste of the evacuation and the subsequent celerity of their movements. By their arrival the Confederate army outnumbered the Federal army in the battle of Antietam.

The battle on which was staked "the invasion of Maryland" in the view of the Federal, and "the deliverance of Maryland" in the view of the Confederate Government, but in reality the sovereignty of the Union, was now near at hand. On the morning of the 15th the whole right wing and centre of Gen. McClellan's forces were pushed forward in pursuit of the enemy, who were found in the strong position made memorable by the battle of the Antietam. The troops were not up in sufficient force to make the attack on that day; but soon after night fell the greater part were in bivouac behind the heights on the left bank of the Antietam, sheltered from, but within range of the enemy's batteries.

On the left the three divisions of Gen. Franklin were ordered to occupy Roherville, and to push in the direction of Brownsville in order to relieve Harper's Ferry if possible. During the morning Gen. Franklin received intelligence of the surrender of Harper's Ferry, and found the enemy in force in a strong position near Brownsville. As he had but two divisions with him, the third not having yet arrived, he was not in sufficient force to dislodge the enemy, and was obliged to content himself with watching them and endeavoring to hold

them in check.

The morning of the 16th was occupied in reconnoissances of the enemy's position, in rectifying the position of the Federal troops, and perfecting the arrangements for the attack. Very sharp artillery firing took place without

The

any material loss on the Federal side. position of Gen. McClellan's forces on that morning was as follows: Gen. Hooker's corps was on the right, next that of Gen. Sumner, with Gen. Mansfield's corps in the rear; in the centre was Gen. Porter's corps, only two divisions being present; on the left was Gen. Burnside's ninth corps. Gen. Franklin was still in Pleasant Valley.

At about 3 P. M., Gen. Hooker crossed the Antietam by the bridge in the village on the Hagerstown road and an adjacent ford, and soon gained the crest of the height on the right bank of the stream. He then turned to his left and followed down the ridge under a strong opposition, until brought to a stand still by the darkness. During the evening Gen. Mansfield was ordered to follow Gen. Hooker so as to be in a position to support him at daybreak.

At daylight on the 17th, Gen. Hooker attacked the forces in his front, and for a time drove them before him. The enemy however rallying, and strengthened from their supporting columns, repulsed him. Gen. Mansfield's corps was then drawn to Gen. Hooker's support, and the two masses repelled the enemy. Gen. Mansfield was killed and Gen. Hooker wounded at this crisis, and obliged to withdraw from the field. Shortly afterward Gen. Sumner's corps reached this portion of the field and soon became hotly engaged. This corps suffered greatly at this period of the contest, Gens. Sedgwick and Crawford being wounded, and portions of the line were compelled to fall back. The enemy were here, however, checked by the Federal artillery. Gen. Franklin shortly arrived to the relief of Gen. Sumner's line with two divisions of his corps, one of which, that of Gen. W. F. Smith, drove back the enemy and recovered the lost ground. The enemy did not retake it. Gens. Richardson's and French's divisions held the extreme left of the Federal right with tenacity during the day. Gen. Richardson was wounded.

In the centre Gen. Porter's corps was held as a reserve with cavalry and horse artillery.

The contest on the right had been most obstinate, and the several corps which participated in it had lost heavily.

Gen. Burnside's corps on the left was ordered early in the day to carry the bridge across the Antietam at Rohrback's farm, and to attack the enemy's right. The approaches to the bridge being in the nature of a defile, and being swept by batteries of the enemy, the opposite bank of the Antietam was only reached after a severe struggle. It was afternoon before the heights were in his possession. The enemy were driven back, and a portion of their line in disorder. By the most desperate efforts, however, the enemy rallied their retreating regiments, strengthened their line with all their available fresh troops, and opened batteries on the hills, from positions which the amphitheatrical character of the ground, it seems, abundantly furnished. Gen. Burnside

could not maintain his advantage, and was obliged to withdraw from the extreme position which he had gained near Sharpsburg to one slightly in rear of it. He, however, held his bank of the river completely, and maintained much ground beyond it which he had taken from the enemy. During the advance on the left Gen. Rodman was wounded.

The Federal artillery is represented to have played an important part during this battle. Notwithstanding substantial and decided successes of the day, the Federal forces had suffered so severely during the conflict, having lost 11,426 in killed and wounded, and among them many general and superior officers, that it was deemed prudent by Gen. McClellan to reorganize and give rest and refreshment to the troops before renewing the attack. The 18th was

accordingly devoted to those objects. On the night of the 18th, however, Gen. Lee withdrew his forces hastily across the Potomac, abandoning further contest with the Union forces, and yielding all hope of further remaining on the Maryland soil.

The Confederate army is supposed to have lost nearly 30,000 men during its brief campaign in Maryland. The Federal forces captured 39 colors, 13 guns, more than 15,000 small arms, and more than 6,000 prisoners.

On the 20th Harper's Ferry was evacuated by the Confederate troops, which fell back in the direction of Charlestown and Winchester. Gen. McClellan took a position along the left bank of the Potomac, and active movements were suspended for a short time in order to prepare for a vigorous advance.

MEASURES to secure the emancipation of the slaves were early adopted by the Government. On March 6th President Lincoln sent a message to Congress, then in session, recommending that a joint resolution should be passed, substantially declaring that the United States, in order to cooperate with any State which might adopt gradual abolition of slavery, would give pecuniary aid to be used by such State, in its discretion, to compensate it for the inconveniences, public and private, produced by such a change of system. Again, on May 19th, after Gen. Hunter had issued an order at Hilton Head, declaring slavery and martial law incompatible, the President issued another proclamation, declaring the emancipation of the slaves to be a question reserved to himself for decision, and he further added, relative to the resolution above mentioned: "The resolution in the language above quoted was adopted by large majorities in both branches of Congress, and now stands an authentic, definite, and solemn proposal of the Nation to the States and people most interested in the subject matter. To the people of these States now I mostly appeal. I do not argue-I beseech you to make the arguments for yourselves. You cannot, if you would, be blind to the signs of the times.

"I beg of you a calm and enlarged consideration of them, ranging, if it may be, far above partisan and personal politics.

"This proposal makes common cause for a common object, casting no reproaches upon any. It acts not the Pharisee. The change it contemplates would come gently as the dews

of Heaven, not rending nor wrecking any thing. Will you embrace it? So much good has not been done by one effort in all past time, as in the Providence of God it is now your high privilege to do. May the vast future not have to lament that you have neglected it."

Subsequently, on July 12th, he held a conference with the members of Congress from Maryland, Delaware, Kentucky, and Missouri, in which he urged them to use their efforts to secure with their respective States the adoption of a system of emancipation, with compensation to the owners of slaves. This measure was discussed in those States, but not adopted by any one.

Subsequently, on September 22d, the Presi dent issued a proclamation, as follows:

PROCLAMATION.

I, ABRAHAM LINCOLN, President of the United States of America, and Commander-in-Chief of the army and navy thereof, do hereby proclaim and declare that hereafter, as heretofore, the war will be prosecuted tional relation between the United States and each for the object of practically restoring the constituof the States, and the people thereof, in which States that relation is or may be suspended or disturbed. Congress, to again recommend the adoption of a That it is my purpose, upon the next meeting of acceptance or rejection of all Slave States, so called, practical measure tendering pecuniary aid to the free the people whereof may not then be in rebellion against the United States, and which States may then have voluntarily adopted, or thereafter may volunslavery within their respective limits; and that the tarily adopt, immediate or gradual abolishment of effort to colonize persons of African descent, with their consent, upon this continent or elsewhere, with

twelve months only; in other States an excess raised under the first was allowed to be credited to the second; and in some instances an excess under the previous calls was allowed to count on these. There was very little drafting; probably up to February 1st, 1863, there were not 10,000 drafted men in the army. This was mainly due to the great exertions made in the loyal States to promote volunteering, and the very liberal bounties offered by States, counties, cities, towns, and individuals, to those who would enlist.

In the new Confederacy formed by the insurrectionary States, the demand for men early became urgent. This arose in part from the short term of enlistment and a disposition on the part of large numbers to desert. On February 1st Mr. Davis called upon the States for an additional quota of men, and on April 16th the Congress at Richmond passed an act declaring every man between the ages of eighteen and thirty-five years, with a few exceptions, to be a soldier owing service to the Confederacy.

On the 16th of April the conscript act, having passed both Houses of Congress, was approved by the President. This act annulled all previous contracts made with volunteers, and by explicit terms made all men under the age of thirty-five years and over eighteen years, soldiers for the war, or until they attained the age of thirty-five years. It drew every male citizen within the prescribed ages immediately and entirely from the control of State action, and placed them at the disposal of the President during the war. It also provided, "That all persons under the age of eighteen years, or over the age of thirty-five years, who are now enrolled in the military service of the Confederate States, in the regiments, squadrons, battalions, and companies hereafter to be organized, shall be required to remain in their respective companies, squadrons, battalions, and regiments for ninety days, unless their places shall be sooner supplied by other recruits, not now in the service, who are between the ages of eighteen and thirty-five years; and all laws and part of laws provided for the reorganization of volunteers, and the organization thereof into companies, squadrons, battalions, and regiments, shall be, and the same are hereby repealed."

The existing organization of companies, regiments, etc., was preserved, but the companies were required to be filled up to the number of one hundred and thirty-five men. When thus filled up, the privates had the privilege of electing their officers in the same manner as under former laws, but the commissions were issued by the President. The provision of the law annulling the contract with volunteers, and requiring those under eighteen years or over thirty-five to continue in service ninety days after its passage, without regard to their term of enlistment, was construed by these volunteers as entitling them to a discharge on the 16th of July. Previous to that date, however,

an order was issued by the War Department placing them on the same footing as conscripts, and requiring them to continue in the service. So extreme was this order that it retained in service all enlisted men without regard to the time of their enlistment or their ages. Thus youths of seventeen and men of fifty were not allowed to withdraw, nor any who were in the army at the time of the passage of the law. In a word, the law set aside all contracts, and the Government retained all soldiers in the field, and sought to add to them every man between the required ages. Not even physicians were exempted. Mr. Davis, in a letter to the Governor of Georgia, thus states the reason for this injustice to the volunteers:

I would have very little difficulty in establishing to your entire satisfaction that the passage of the law was not only necessary, but that it was absolutely indis pensable; that numerous regiments of twelve months' places would not be supplied by new levies in the men were on the eve of being disbanded, whose face of superior numbers of the foe, without entailing the most disastrous results; that the position of our armies was so critical as to fill the bosom of every provisions of the law were effective in warding off a patriot with the liveliest apprehension, and that the pressing danger.

The regulations for executing the law detailed an officer in each State to take charge of the enrolment, mustering in, subsistence, transportation, and disposition of the recruits. The cooperation of State officers in making the enrolment was requested of the governors of the States, and in any case in which such assistance might be refused, the duty was performed by officers of the army. Not more than two camps of instruction were established in each State, where the recruits were made ready for the field with the utmost despatch. The recruits were not organized in force as separate bodies, but were sent to supply deficiencies in regiments, battalions, squadrons, or unattached companies, and, so far as practicable, in corps from their own region of country. Recruits were allowed to choose any corps to which they desired to be attached, in which vacancies existed. They could also join any corps, the formation of which had been authorized by the Government. All twelve months' volunteers in service were required to reorganize by the election of new officers within forty days after the act passed. Those who preferred a guerrilla service were authorized to form as partisan rangers by an act specially passed for that purpose. The operation of the act was suspended in Missouri and Kentucky, under a provision authorizing it to be done by the President. Troops from those States were received under the acts passed previous to the conscription law. Maryland was regarded as exempt from the law, as appears by the following from the Secretary of Ŵar, dated April.26: Major J. A. Weston:

In reply to your letter of the 17th inst., you are respectfully informed that Marylanders are not subject to the conscription act. G. W. RANDOLPH, Sec. of War.