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see my nephew, all of which was refused, and | tions were and are suspended. Every part of

I was taken by them to the Superintendent's office, with the assurance that all necessary information with regard to my arrest, would be given by Mr. Kennedy at his office. Upon our arrival there, a person, apparently in authority, inquired of these men whether they had obtained those papers, and after looking over them and commenting upon the folly of those encouraging the idea of peace, and predicting the disgrace of all such as should be found advocating such a course, he also, on my requesting him, refused to return me the papers or inform me on what charge I had been arrested. He also said if I would call in the evening, Mr. Kennedy would explain the matter to me. This I did not conceive it my duty to do, as I do not understand why any American citizen should be restrained of his liberty when no charge is preferred against him.

Now, Messrs. Editors, if this matter concerned myself alone, (being conscious of purity of motive, and yielding to no man in devotion to the interests of my country, whose laws I have always endeavored to obey,) I might pass it by without notice; but as it affects the rights and interests of all men who love their country, and would see its Government so administered as to protect the rights of all its citizens, and so fulfil its mission of Liberty, Justice, and Fraternity, I cannot refrain from giving it publicity, regretting that fellow-citizens, bound together by so many considerations, and all apparently seeking the prosperity of the Union, should be so devoid of charity, which is the only bond of Union. That our country may be safely brought through all its difficulties, and again enjoy the blessings of peace and prosperity, ought to be the fervent desire of all men; nor should those who seek so blessed a consummation be denounced as traitors, or arrested as criminals, without process of law.

FREDERICK A. GUION.

the police law is to be enforced by you, except that which refers to the authority of the Commissioners and Chief of Police, and every officer and man, with the exception of those persons above named, will be continued in service by you, in the positions they now occupy, and with the advantages they now receive, unless one or more shall refuse to discharge their duties.

If any police officer declines to perform his duty, in order to avoid the anarchy which it was the purpose of the Commissioners to bring upon the city, by incorrectly stating that it had been by my act deprived of its police protection, you will select, in conference with such of the public authorities as will aid you, good men and true to fill their places and discharge their duties.

You will also take especial notice that no opinion, resolution, or other act of the late Board of Commissioners, can operate to limit the effective force of the Police law, or to discharge any officer engaged in its execution. If any provision of the law fails to be executed, it will be from the choice of the city, and if any officer, except such as are hereinafter named, leave the service, it will be upon his own decision.

You will cause these rules to be made known as the rule of your conduct.

I repeat my declaration and my purpose-no intervention with the laws or government of the city whatever is intended, except to prevent secret, violent, and treasonable combinations of disloyal men against the Government of the United States.

I am, Sir, very truly yours, &c.,
NATH. P. BANKS.

NEW YORK, June 29, 1861.

Doc. 52.

INSTRUCTIONS OF GEN. BANKS.

HEAD-QUARTers DepartmeNT OF ANNAPOLIS,
June 27, 1861.

To Col. Kenly, Provost Marshal—
SIR-My attention has been called to a res-
olution, purporting to have been this day passed
by the late Board of Police Commissioners, ex-
pressing the opinion that "the suspension of
their functions suspended at the same time the
operations of the police law, and puts the offi-
cers and men off duty for the present."*

You will take special notice, sir, that by my proclamation of this day, neither the law nor the officers appointed to execute the laws are affected in any manner whatever, except as it operates upon the members of the Board of Commissioners and the Chief of Police, whose func

*See Diary of Events, page 9; June 27.

Doc. 53.

VIRGINIA DELEGATES

TO THE SOUTHERN CONGRESS.

LIST of Delegates to represent the State in the Southern Congress, which meets at Richmond on the 21st July:

1. R. M. T. Hunter, of Essex.

2. John Tyler, of Charles City.

3. W. H. Macfarland, of Richmond City. 4. Roger A. Pryor, of Petersburg. 5. Thomas S. B. Cook, of Appomatox. 6. W. C. Rives, of Albemarle. 7. Robert E. Scott, of Fauquier. 8. James M. Mason, of Frederick. 9. John W. Brockenbaugh, of Brockenridge. 10. Charles W. Russell, of Wheeling. 11. Robert Johnson, of Harrison. 12. Walter Staples, of Montgomery. 13. Walter Preston, of Washington. State at Large-James A. Seddon, of Goochland; W. B. Preston, of Montgomery.

-Baltimore American, June 27.

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Doc. 54.

THE BATTLE AT GREAT BETHEL.

THE attack on Great Bethel, it appears, was planned by the late Major Winthrop. The correspondent of the Boston Journal writes from Fortress Monroe:

This literal copy of a private memorandum made by Theodore Winthrop early on the day preceding the fight, and from which, with very trifling alteration of form, the official plan was (as I am informed) drawn up, is a sufficient answer to the whole. I violate no confidence in sending you these

NOTES OF THE PLAN OF ATTACK,

By two detachments, upon Little Bethel and Big Bethel.

A regiment or a battalion to march from Newport News, and a regiment or a battalion to march from Camp Hamilton, Duryea's. Each regiment to be supported by sufficient reserves, under arms, in camp, and with advanced guards out on the road of march.

Duryea to push out two pickets at 10 P. M., one two and a half miles beyond Hampton, on the county road, but not so far as to alarm the enemy. This is important. Second picket half as far as the first. Both pickets to keep as much out of sight as possible. No one whatever to be allowed to pass out through their lines. Persons to be allowed to pass inward towards Hampton, unless it appear that they intend to go round about and dodge through to the front.

At 12, midnight, Col. Duryea will march his regiment with fifteen rounds cartridges, on the county road toward Little Bethel. Scows will be provided to ferry them across Hampton Creek. March will be rapid, but not hur

ried.

A howitzer with canister and shrapnel to go. A wagon with planks and materials to repair the New Market bridge.

Duryea to have the 200 rifles, (Sharpe's rifles, purchased the day previous, are alluded to.) He will pick the men to whom to intrust them. Rocket to be thrown up from Newport News.

Notify Commodore Prendergast (flag-officer) of this, to prevent general alarm.

Newport News movement to be made somewhat later than this, as the distance is less. If we find and surprise them we will fire one volley, if desirable, not reload, and go ahead with the bayonet.

As the attack is to be by night, or dusk of morning, and in detachments, our people should have some token, say a white rag on the left

arm.

Perhaps the detachments which are to do the job should be smaller than a regiment: three hundred or five hundred on the right and left of the attack would be more easily handled.

If we bag the Little Bethel men push on to

Big Bethel and similarly bag them. Burn both the Bethels, or blow up if brick.

To protect our rear, in case we take the fieldpieces and the enemy should march his main body (if he has any) to recover them, it would be well to have a squad of competent artillerists, regular or other, to handle the captured guns on the retirement of our main body. Also, to spike them if retaken.

Geo. Scott (colored guide) to have a shooting. iron.

Perhaps Duryea's men would be awkward with a new arm in a night or early dawn attack, where there will be little marksman duty to perform. Most of the work will be done with the bayonet, and they are already handy with the old ones."

This private memorandum formed the basis of the official plan. To the white badge was added the watchword "Boston." The two field-pieces which it was hoped would be captured are the same which you will find reported, in a letter written the day before the battle, as being stationed at Little Bethel. The purpose of the expedition was to caution the rebels to cease their predatory attacks upon our pickets. To accomplish this object it was proposed to surprise, and if possible to capture, the small force at Little Bethel. If that should be successfully accomplished, the battery at Big Bethel was to be reconnoitred, and if desirable it was to be attacked-but it was not to be attacked unless success was positively assured. This was the last instruction, as I happen to know, having been present at the time, given by Gen. Butler to Mr. Winthrop. "Be brave as you please," said the General, "but run no risk."

"Be bold! Be bold! But be not too bold !

shall be our motto," responded Winthrop. And upon instructions, of which these are the substance, the two expeditions started. The object of a surprise was totally defeated by Colonel Bendix's blunder; yet in defiance of all the rules of war of which I have ever heard, they kept on; they destroyed the Little Bethel, and then, as it seems to me, somebody, entirely upon his own responsibility, decided to proceed to attack Big Bethel. But even this would seem to be scarcely improper. After reading the criticisms of various partisan newspapers, after hearing the stories of many persons who were engaged in the affair in one capacity and another, after hearing a detailed statement, reported by reliable authority, of a conversation with Colonel Bankhead Magruder, the commandant of the rebel forces, and after having had a personal interview with Captain Levy, of Louisiana-whose appearance had, without previous acquaintance, sufficiently assured me that he is a truth-telling gentleman, and who had excellent opportunities for understanding the whole affair, since he was present in the rebel battery during the entire skirmish, and his corps was at Yorktown, and as he is moreover a competent judge, having seen much ser

vice, I am able to say this: I have yet to meet an intelligent and competent officer, present at the skirmish, and engaged upon either side, who does not believe that the place might easily have been taken. This might have been accomplished, first, by turning it upon our right, as Mr. Winthrop was attempting to do when he fell. That attempt might have succeeded to use the language of Captain Levy, as nearly as I remember it: "Had you had a hundred men as brave as Winthrop, and one to lead when he fell, I would be in Fortress Monroe a prisoner of war to-night." It might have been accomplished, second, with much less difficulty upon the left; Captain Haggerty had discovered this, had suggested it to General Pierce, had after some difficulty secured Colonel Townsend's cooperation, when this plan was defeated by the gross blunder of whoever was in command of Townsend's left-a captain I believe-in allowing three companies to become detached from the main body by a thicket. From this circumstance Townsend, as he was proceeding to the attack, was led to believe, as he saw the bayonets of his own men glistening through the foliage, that he was outflanked. He retreated, and that was the end of the battle.

Doc. 55.

THE FIGHT AT MATTHIAS POINT.
OFFICIAL REPORT OF THE ACTION.

UNITED STATES STEAMER PAWNEE,
POTOMAC RIVER, June 27, 1861.

SIR:-About sundown the evening of the 26th instant, while at anchor off Acquia Creek, I received an order from Commander Ward (a copy of which is herewith enclosed) to send him two boats armed and equipped, in command of Lieutenant Chaplin. This order was immediately complied with in all its details, and the party left the ship in tow of the Resolute at 9 o'clock A. M. To-day, about noon, the Resolute returned, with a request from Captain Ward that I should send her back if I had no more important service for her. I immediately despatched the Reliance to Captain Ward, knowing the danger to which our people would be exposed if he contemplated a landing at Matthias Point, as I feared was his intention, judging from the nature of the order he gave me, to furnish him with such equipments as were necessary to cut down trees on the point and burn them.

At 9 o'clock this evening the Freeborn and Reliance came up, having been repulsed by the rebels at Matthias Point, in which Lieutenant Chaplin and his command escaped utter destruction by a miracle.

It becomes my painful duty to announce to the department the death of Commander J. H. Ward, of the Freeborn. He was shot in the abdomen while in the act of sighting his bow

gun.

I beg leave to call the attention of the department to the gallantry, coolness, and pres ence of mind of Lieutenant Chaplin, of the Pawnee, commanding the party on shore. He remained steady and cool among a perfect hail of musketry from hundreds of men, while he collected his own people, and made good his retreat without leaving the enemy a trophy beyond a few sand bags and some axes, and, so far as I can ascertain, the muskets of the wounded men. The last man left the shore with him; and not being able to swim to the boat with his musket, Lieutenant Chaplin took him on his shoulders, musket and all, and safely reached the boat without a scratch save a musket hole through the top of his cap.

In consequence of the want of ordinary comforts in the Freeborn for wounded men, I brought the two wounded men belonging to that vessel, with those two of this ship, with the remains of the late Commander J. H. Ward, to the Navy Yard, Washington, where I now await orders.

I must also call the attention of the department to the bravery of John Williams, captain maintop of the Pawnee, who told his men, while laying off in the boat, that every man must die on his thwart sooner than leave a man behind, and when the flagstaff of his boat was shot away and the ensign fell, he (although suffering from a gun-shot wound in the thigh) seized it in his hand and bravely waved it over his head.

A copy of the surgeon's report of casualties is herewith enclosed. The wounded have been removed to the hospital. I also enclose copies of orders addressed to Lieutenant Lowry.

Lieutenant Chaplin's report of the affair is not yet ready. When it is presented I shall forward a copy for the information of the department.

I have the honor to be, very respectfully, your obedient servant, J. C. ROWAN,

Camp and Senior Officer of the Potomac. Hon. Gideon Welles, Secretary of the Navy, Washington.

SURGEON'S REPORT.

UNITED STATES STEAM SLOOP PAWNEE,
POTOMAC RIVER, June 27, 1861.

SIR: I have to report the following casualties resulting from the action at Matthias Point this afternoon:

Killed 1.-Commander J. H. Ward, commanding flotilla; gunshot wound of abdomen, almost immediately fatal.

Wounded dangerously 2.-1. William J. Best, O. S., belonging to the Pawnee; gunshot wound, fracturing both bones of left leg; a second gunshot wound in soft part of right fore arm; a third gunshot wound of right hand. 2. William M. Chenny, belonging to the Thomas Freeborn; gunshot wound of the left thigh fracturing the femur.

Wounded severely 2.-1. John Williams, captain of maintop of Pawnee; gunshot wound of soft part of right thigh. 2. George McKenny,

yeoman of Thomas Freeborn; gunshot wound of soft part of left thigh. espectfully yours,

F. M. GUNNELL, Surgeon United States Navy. Com. S. C. Rowan, Commanding flotilla in the Potomac River.

Doc. 56.

THE BRIDGE BURNING.

LETTER OF GOV. HICKS IN REPLY TO MAYOR BROWN.

To the People of Maryland:

I HAVE heretofore asked a suspension of your judgment in regard to a communication, with accompanying certificates, from the Mayor of Baltimore to the House of Delegates of Maryland, in which is asserted a complicity on my part in the unlawful destruction of the bridges on the Philadelphia, Wilmington and Baltimore, and the Northern Central Railroads, on the night of the 19th of April.

A desire to obtain expected information from the telegraphic despatches recently seized by the Government-but which I have not yet received-added to the pressing nature of my official duties, has prevented me from making this publication at an earlier period.

The Mayor says:

"About 12 o'clock P. M., the Hon. E. Louis Lowe and Marshal George P. Kane called at my house, where Gov. Hicks was passing the night, and Marshal Kane informed me that a despatch had been received that other troops were to come to Baltimore over the Northern Central Railroad. There was also a report that troops were on their way, who, it was thought, might even then be at Perryville, on their route to Baltimore. Mr. Lowe, Marshal Kane, my brother, John Cumming Brown, and myself, went immediately to the chamber of Gov. Hicks and laid the matter before him. The point was pressed that if troops were suddenly to come to Baltimore with a determination to pass through, a terrible collision and bloodshed would take place, and the consequences to Baltimore would be fearful, and that the only way to avert the calamity was to destroy the bridges. To this the Governor replied, it seems to be necessary,' or words to that effect. He was then asked by me whether he gave his consent to the destruction of the bridges, and he distinctly, although apparently with great reluctance, replied in the affirmative. I do not assert that I have given the precise language used by Gov. Hicks, but I am very clear that I have stated it with substantial correctness, and that his assent was unequivocal, and in answer to a question by ine which elicted a distinct affirmative reply."

Mr. J. Cumming Brown, the Mayor's brother, in his published certificate, says:

"When asked by my brother whether or not he gave his consent to the measure, the GovVOL. II.-Doc. 13

| ernor expressed a desire for time for reflection. Being reminded by those present of the lateness of the hour, and the necessity for prompt action, my brother again earnestly appealed to Governor Hicks, and asked him for his consent. Gov. Hicks' answer was, in substance, although I may not use his exact words, 'I see nothing else to be done.' 'But, sir,' said my brother, 'I cannot act without your consent; do you give it?' The Governor's reply was distinctly given in the affirmative."

George P. Kane, in his published certificate, says:

"The conversation resulted in the Governor's distinctly and unequivocally consenting, in response to the direct question put to him by the Mayor, that the bridges on the roads by which the troops were expected to come should be destroyed, as the only means of averting the consequences referred to, of their coming at that time."

E. Louis Lowe, in his certificate, says:

"Governor Hicks replied that it was a serious affair to undertake to destroy the bridges, and he expressed some doubt as to his authority to give such an order. It was urged, in reply, that it was a case of absolute self-preservation; that in three or four hours' time a large body of troops would probably be in the city, inflamed with passionate resentment against the people of Baltimore for the assault made on their comrades in the Pratt street encounter; and that, as the city was filled with hundreds of excited men, armed to the teeth, and determined to resist the passage of troops, a fearful slaughter must necessarily ensue, and the safety of the city itself be put in peril, unless, by the destruction of the bridges, time could be gained to avoid the difficulty by peaceable arrangement of some sort. Governor Hicks fully and most distinctly assented to this, and said, 'well, I suppose it must be done,' or words of precisely that import, to which the Mayor replied, substantially, Governor, I have no authority to act beyond the city limits, and can do nothing in this matter except by your direction; shall the bridges be destroyed?' Gov. Hicks emphatically and distinctly replied in the affirmative. It is absolutely impossible for any misapprehension to exist on this point."

This is the sum of the charges brought against me by Mayor Brown and his witnesses. It is due to the Mayor to say, unequivocally, that I do not believe he had any knowledge of the plot of which the destruction of the bridges was a part. I had little acquaintance with him at the time referred to, but I had formed a high estimate of his character as a faithful public servant, and as a high-toned gentleman; and I believe that the proceedings which he countenanced, and in which he seems to have been a participant, were inaugurated by others. His apparent complicity was only what might have attached to any other man in the trying and delicate and painful circumstances in which he found himself. The evil men who sur

rounded him, and who clouded his better judg- | If this be complicity in an unlawful act, then I ment, had designs which could be consummated was accessory. only by his official aid; and they spared no efforts to entangle him in the snares they had prepared.

It is alleged by the Mayor and his witnesses that I gave my consent verbally. I am sure the public will agree with me in thinking it strange, under all the circumstances, that an act of so great importance, requiring, as it is alleged, my authority to make it valid, should have been consummated under a pretended verbal assent, admitted to have been unwillingly given by a person who "expressed some doubt as to his authority to give such an order." None but bold conspirators would have proceeded to perpetrate such an unlawful act without authority in writing from whomsoever they believed competent to give the necessary order. According to their showing, a written order from me would have absolved the Mayor and his associates from all responsibility in the premises. But they confess they had no such authority, and attempt to justify their unlawful acts by a pretended verbal assent by me, certified to by witnesses interested very materially in sustaining the position assumed by the MayIt seems to me that in this respect my accusers find themselves in a difficulty from which they cannot extricate themselves.

or.

The Mayor's communication does not profess to quote the language used by me on the occasion referred to.-It is admitted that I alleged want of authority to order the destruction of the bridges. The Mayor's witnesses admit that I desired time for reflection. But time for reflection would have materially damaged the plot, inasmuch as men were already on the way to do what they desired me to endorse. Accordingly they jumped to the desired conclusion that I consented, because I contended that I had no power to consent to, and no power to prevent the outrage contemplated, and which was then in process of execution. The visit of Messrs. Brown, Kane, and Lowe to my bedchamber was at a late hour of the night. The Mayor's companions were men in whom I have no confidence. Indeed, it was only on account of the official nature of the visit that, under the circumstances, I consented to any communication with such people. No man of intelligence can fail to see that it was impossible for me to consent unequivocally to the unlawful act which was proposed to me by such men as Kane and Lowe, no matter how necessary it might have appeared to be in the emergency. Consequently I unhesitatingly assert that I refused my consent, and gave as my reason therefor that "I had no authority in the premises-that the bridges were private property-that the proposed act was unlawful-that I was a lover of law and order-that the Mayor could act as he pleased-and that I had no power to interfere with his designs." If this be consent to the destruction of the bridges, then I consented.

I do not deny that the proposed act, unlawful though it was, seemed to be the only means of averting threatened bloodshed. But it would have little become me, as Governor of the State, to interfere with the province of the Mayor of Baltimore to prevent a riot. Still less did it become me to forget my oath of office, and consent to an infraction of the laws which I had sworn to enforce. I am sure no unprejudiced man can conclude it to be within the range of probability that I could have acted in the manner ascribed to me.

As a matter of course, it is not easy to adduce proof of my position. Those who were near me throughout that trying day can bear but little accurate testimony as to what was said or done by me. Every one was full of excitement, and men whose judgment had always challenged my respect urged me to do many things which they now regret to remember. I was, perhaps, no cooler than those who surrounded me, but it was not possible for me to forget what was due to my position and to my oath of office. I did not do either. I strenuously resisted all propositions which I deemed inconsistent with law and order, and I did nothing on that eventful day which I have any reason to regret.

My accusers seem to forget that long before nightfall I positively and persistently refused my assent to the scuttling or even removal of the steam ferry boat Maryland, at Perryville, which was proposed to me by so many persons, and which, if consummated, would have prevented any necessity for the destruction of the bridges. The following letter from Col. R. S. Mercer, of Anne Arundel county, is evidence that I did refuse my assent to this proposition:

PARKHURST, May 16, 1861.

To His Excellency, Gov. Hicks—

DEAR SIR: I have just read your card in the American, denying the charge made by the Mayor of Baltimore, Marshal Kane, and others, that you had given your consent and approbation to the burning of the various railroad bridges leading from Baltimore to Pennsylvania.

Having, on the 19th of April, acted as your aide-de-camp, I was present at all your consultations and interviews with the city officials and other prominent citizens, until the violent excitement which marked that day had subsided. I conceive it to be my duty to make the following statement, which suggests itself to me, as a simple act of justice to you.

I heard the request made you by Mr. McLean and others, in which His Honor, the Mayor, acquiesced, that you should order the scuttling or removal of the steam ferry boat Maryland, so as to cut off all means for the transmission of troops through Baltimore, over the Philadelphia Railroad. You peremptorily refused even to remove the boat, and explicitly gave as your

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