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sixth New-Jersey was soon followed by the Vermont regiments, and that whole brigade crossed in the boats. Skirmishers were immediately deployed, and we at once advanced in the direction of the Bowling Green road, covering Deep Run on our right, and a point below Mansfield on our left. Some sixty or seventy prisoners were soon brought in, being the main part of the force which had occupied the rifle-pit. They belonged chiefly to the Second Florida regiment. By dark our skirmishers had advanced nearly to the edge of the timber beyond the Bowling Green road, without having met the enemy in force. Pickets, skirmishers, and scouts were plenty, however, and in the direction of Fredericksburgh the riflepits seemed to be full of men. The enemy used no artillery against us, and none was seen. A few wagons hastily moved down the Telegraph road, and a few tents were seen south of Fredericksburgh. At eight o'clock last night, when I left the spot, these were all the indications that had been discovered.

halted a short distance from the river, where the men lay on their arms for several hours. At halfpast five P.M. our batteries were brought into position near the bank of the river on the flats, and opened a brisk fire on the rifle-pits opposite. The guns were handled with skill, many of the shells bursting directly over the heads of the rebels. A company of the Second Florida was stationed in these pits, and they kept up a brisk fire, endeavoring to pick off our gunners, but they were not very successful.

After an hour's cannonading, the pontoons having been laid in the mean time, our troops were ordered to cross the river, and take the rifle-pits. This was done with alacrity, the Fifth Vermont taking the lead. As our men approached the rebels almost ceased firing, the majority throwing down their arms and surrendering themselves, while a few retreated into an open field in the rear, when our troops followed, keeping up a running fire, which in connection with some shells thrown by our batteries beyond, compelled them to turn The prisoners give but little information rela- and give themselves up rather than run the tive to the enemy. Enough was learned, how-gauntlet of both fires. Not more than a dozen ever, to convince us that a large portion of the enemy's force is still in the neighborhood of Salem Church and Chancellorsville, apparently on the watch for our movements, rather than on any offensive demonstration of their own. The charge of the New-Jersey regiment (Twen-line of pickets were stationed, who opened fire on ty-sixth) is deserving of especial praise. Almost any other regiment would have done the same, doubtless, but they are nine months' men and their time is out in three days. They thus go home crowned with the glory of this additional achievement, and thus add to the lustre of the arms of that State already won on many a battle-field.

got away.

Several regiments having crossed by this time, they formed in line of battle and advanced about a mile, skirmishers being thrown out in front. On the Richmond road to the left of the field, a

our forces, but were soon silenced. Our men then advanced toward a piece of woods directly opposite the crossing, but the enemy seemed to have left, no firing coming from that place. Another force advanced toward Fredericksburgh, the rebel pickets firing and retreating under cover of trees and houses. Numbers were seen leaving for the woods in rear of the town. It was now The conduct of all our men was most admira- | getting dark, and the action ceased for the night. ble. The Fifteenth and Fiftieth New-York, and Captain Cross of the Fiftieth New-York was kill the regular battalion behaved manfully, and with-ed, with three or four others, and some ten or stood a murderous fire at close range. Our cas- twelve wounded. ualties are five or six killed, and thirty-five to forty wounded. Among the former we have to lament Captain Charles E. Cross of the regular Engineers, shot through the brain, while at the river-bank, in charge of the bridge details. He was a gallant and accomplished officer, and his loss is deeply regretted. He had rendered valuable services at every former crossing, and was promptly at his post again, when he was struck by the fatal bullet.

ANOTHER ACCOUNT,

HEADQUARTERS ARMY OF THE POTOMAC,
Saturday, June 6, 1868.

An order was issued to the army yesterday to be in readiness to march at a moment's notice with three days' rations, while all baggage, stores, etc., were ordered to the rear. At eight o'clock the pontoon train moved down toward Franklin Crossing, halting behind the ridge near the river, where they remained till late in the afternoon. Howe's division of the Sixth corps was ordered to take the advance, when it moved forward, and

The loss of the enemy was not ascertained. We took fifty-five prisoners-all of the Second Florida regiment. Some of them say that Lee has fallen back, while others report that he only fell back behind the hills, and is waiting for our advance. Twenty mules loaded with baggage were also captured and brought over just before dark.

This morning at six A.M. our skirmishers adIvanced past the Richmond road, and soon drew the rebel fire. Both lines are still engaged (ten A.M.) with little damage on either side, each line maintaining its position.

About a division of the enemy were seen at seven A.M. crossing the ridge toward St. Mary's Heights from the left, and shortly after one regi ment returned on the same route. Our thirtytwo-pounders opened and our shell was thrown into their line, which made them scatter in short order. These guns are very valuable, throwing shells a distance of about three miles with great precision. The rebels say they are the only ones they are afraid of.

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Jefferson Davis, President of the Confederate
States of America:

TO ALL WHOM IT MAY CONCERN: Whereas, George Moore, Esq., Her Britannic Majesty's Consul for the port of Richmond and State of Virginia, (duly recognized by the Exequatur issued by a former government, which was, at the time of the issue, the duly authorized agent for that purpose of the State of Virginia,) did recently assume to act as consul for a place other than the city of Richmond, and a State other than the State of Virginia, and was, thereupon, on the twentieth day of February last, 1863, requested by the Secretary of State to submit to the Department of State his consular commission, as well as any other authority he may have received to act in behalf of the government of Her Britannic Majesty before further correspondence could be held with him as Her Majesty's Consul at the port of Richmond; and whereas, the said George Moore has lately, without acceding to said request, entered into correspondence, as Her Majesty's Consul, with the Secretary of War of these confederate States, thereby disregarding the legitimate authority of this government.

desire to make upon the subject, and am allowed for this purpose fifteen days from the date of your order.

In reply, I have to say that I do not think the question open to discussion. This is a case involving the acts of the Government, which have a binding and conclusive force, the bare statement of which is sufficient for a decision.

The strength of Gen. Butler's argument rests upon the assumption that it was the President's "intention" to make him the senior Major-General, in consideration of his "meritorious services rendered in the service of the United States, etc." But the President did not make his recognition of these services public and effective. He did not carry out any such "intention" by nominating General Butler to the ranking position, but did so nominate Generals McClellan and Fremont, and gave Gen. Butler an inferior date, placing him in what was then, and has always been, considered a distinct and separate branch of the military service. The Senate confirmed these nominations accordingly, and by their act constituted Generals McClellan and Fremont Major-Generals of the regular army "to rank as such from the fourteenth day of May, 1861," and General Butler a MajorGeneral in the United States volunteer forces, to rank from the sixteenth day of May, 1861.

The act of the Senate fixes the time at which the rank shall begin, and the usage of the War Department has been in conformity to it from the These, therefore, are to declare that I do no foundation of the Government to the present day. longer recognize the said George Moore as Her Our respective commissions were conferred upon Britannic Majesty's Consul in any part of these us by that authority which the Constitution makes confederate States, nor permit him to exercise or alone competent to give them, and no inferior trienjoy any of the functions, powers, or privileges bunal can, by any possibility, alter or modify the allowed to the consuls of Great Britain. And I direct meaning and effect of the terms in which do wholly revoke and annul any Exequatur here- those commissions are given. I am, therefore, tofore given to the said George Moore by the gov-not willing to submit my commission held under ernment which was formerly authorized to grant such Exequatur as agent of the State of Virginia, and do declare the said Exequatur to be absolutely null and void from this day forward.

this authority to the revision of any board of officers, nor can I for a moment, by any act, admit the right of Gen. Butler to call it into question. But, while entering this protest, I will, in deferlet-ence to your request, make some remarks upon General Butler's argument.

In testimony whereof, I have caused these ters to be made patent, and the seal of the confederate States of America to be herewith affixed. Given under my hand this fifth day of [SEAL.] June, in the year of our Lord one thousand eight hundred and sixty-three. JEFFERSON DAVIS.

By the President:

J. P. BENJAMIN,

Secretary of State.

Doc. 7.

GENERAL FREMONT'S LETTER.

NEW-YORK, June 6, 1863. To the Hon. Edwin M. Stanton, Secretary of War: SIR: I received from the War Department on the twenty-third ultimo, a copy of Gen. Butler's demand to be declared the ranking officer of the army of the United States, regular and volunteer. By your order I am informed that his demand will be referred for decision to a board of officers, and I am invited to submit any remarks which I

And in making these remarks I confine myself strictly to the law and the established usage of the War Department, holding that stability and good order in the army, and the security of those who belong to it, can be found only in their rigid observance. I take the facts as they are, and in making any distinction between classes and branches of the service, I do so because the law makes them, and with no disposition to discriminate otherwise in favor of either. Certainly in no profession can fixity of rights and duties and clearly defined authority be more essential than in the military service. It seems superfluous to assert a fact which the experience and practice of the world confirm.

Such a question could not occur in any European service, certainly not in Continental Europe; but in ours, under the present extraordinary circumstances, there necessarily already exists an uncertainty and confusion, greatly perplexing to officers and injurious to the public interest.

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destroy the precision of authority fixed by date would unsettle all commissions, and seriously disturb the whole economy of the army. The fact that it required a special act of Congress to enable the President to disregard the date in the employment of officers shows both the usage itself and the force of it.

General Butler claims, first, that the rank dates from the day on which the letter of appointment is received, and not from the day fixed in the commission.

The statement of the point carries the refutation with it. The letter of appointment is simply a letter of information, setting out the rank which is offered and the date from which that rank shall be held to take effect, if consented to by the Senate. The rank and date of it are fixed by the President and the Senate together, and the form in which they are both expressed is the commission itself, and the official record of the Army Register, which classifies officers under the head date of commission," and knows nothing of any letters of appointment or oaths of office, but rests solely on the date of commission. The files and papers of the War Department must be held to be authentic history of all public acts relative to that branch of the Government. In this sense I understand Gen. Butler to use the term "form," and if he relies on these forms he has no case, for as here presented, "law, fact, and form," are combined on one side against Gen. Butler's individual opinions on the other.

2. That "in consideration of meritorious services performed in the service of the United States, etc.," the President "intended" to give him seniority of the rank.

But the President did not do so in the only public and official way which could give validity or binding force to his alleged intention. "For every thing the Executive does there must be the warrant of law;" the relative positions of General Butler and the other Major-Generals are fixed under this "warrant," and it would be unprecedented to say that any unfulfilled intentions of the President are sufficient of themselves to render void a deliberate and final act of the Government to which he himself was a principal party. Upon the retirement of Lieut.-Gen. Scott all the officers whose rank is called in question by Gen. Butler being then in active service, the President placed in chief command Gen. McClellan of the regular army, one of the two officers ranking first by date of commission. At that time the resolution of April fourth, 1862, authorizing the President to disregard seniority of rank in assigning command had not been passed, and he would have felt required to give General Butler the chief command, which would have been his of right, if he were the senior Major-General. Whatever the President's intentions might have been before the issuance of the respective commissions, his acts on this occasion show conclusively his construction of their effect as to relative rank after they were issued.

3. Gen. Butler, in support of his claim, cites the fifth paragraph of the Army Regulations, which

applies only to the case of commissions of even date. He admits that this "would hardly seem to cover" his case, but at the same time proceeds to apply it precisely as if it did. Arguing under this head, he proceeds to assume that the majorgenerals of the army constitute a corps, and assuming at the same time that he is of even date with Generals McClellan and Fremont, and that he is of the same corps with them, he draws the conclusion that this fifth paragraph of the Army Regulations decides the question in his favor under every clause. To this I have to reply:

1. That the major-generals of the army do not constitute a corps.

2. And if they did, General Butler would not belong to the same corps with Major-Generals McClellan and Fremont.

3. And if he did belong to the same corps with them, the fifth paragraph does not apply to him in any of its specifications, because his date is subsequent to theirs.

The major-generals in the service belong to a grade and constitute a class—they do not constitute a corps. In 1857, the date of the Army Regulations quoted by General Butler, there was but one major-general in the service, and he could not very well be construed into a corps.

The Articles of War use the word corps in the sense of a portion of the army organized by law, with a head and members, or any other military body having such organization, as the marine corps. A regiment is a corps, an independent company is a corps, a body of officers, with one head, is a corps, as the Topographical Engineers. Detachments of parts of regiments, or of whole regiments, united for a particular purpose, whether for a campaign or a part campaign, are not corps in the sense of the Rules and Articles of War; for such bodies have neither head nor members commissioned in the particular body temporarily so united, but the officers with such detachments hold commissions either in the corps composing the detachment, in the army at large, in the marine corps or militia. (Scott's Military Dictionary.)

The same work, under the word "line," gives an extract from General Order Number 51 of the series of 1851, in which President Fillmore explains the rule regulating seniority of rank among officers of different corps, and concludes by remarking that when a major-general or brigadiergeneral is present, "no question can arise as to the right to command, because the general officer, not belonging to any corps, takes command by virtue of a general rule of superiority in rank."

Generals McClellan and Fremont were commissioned major-generals in the regular or permanent army of the United States, and General Butler in the volunteer or temporary force raised for the suppression of the rebellion. Generals McClellan and Fremont were commissioned under section three of the act approved July twenty-ninth, 1861, entitled, "An Act to increase the present military establishment of the United States," and beginning, "That there shall be added to the regular army," etc. Under this act the regular army

was increased to thirty regiments, namely, nineteen of infantry, six of cavalry, and five of artillery. Section three reads: "That there shall be added to the army of the United States the following general officers, namely, four major-generals," etc. The four major-generals appointed under this act-Generals McClellan, Fremont, Halleck, and Wool-all had been or were in the regular army.

The whole current of the debate in the Senate upon the passage of this law is unfavorable to General Butler's claim. Among the amendments strongly pressed was one to the effect that no officer should be appointed to the increased regular army above the rank of colonel, unless he should have previously served at least ten years in the regular or volunteer service. General Butler had served two months in the volunteer service when appointed major-general; General McClellan, twelve years continuously in the regular army, resigning with the rank of captain; General Fremont, ten years continuously in the regular army, resigning with the rank of lieutenant-colonel.

General Butler was commissioned under section four of an act approved July twenty-second, 1861, entitled, "An act to authorize the employment of volunteers," etc. The fourth section reads, "That the President shall be authorized to appoint, by and with the advice and consent of the Senate, for the command of the forces provided for in this act, a number of major-generals, not exceeding six, etc." Section three of an additional act, approved July twenty-fifth, 1861, entitled, "An act in addition to the act to authorize the employment of volunteers, etc," says, "That the President shall be authorized to appoint, by and with the advice and consent of the Senate, for the command of the volunteer forces, such number of major-generals as may in his judgment be required for their organization," using nearly the same terms as in the previous act.

These three acts indisputably show that Congress held the regular army and the volunteer forces to be distinct bodies, and that Generals McClellan and Fremont belong to a separate military establishment, and not in any sense to the same "corps" with General Butler. It requires an act of Congress and reorganization to bring these two bodies into one. Section five of an act approved June twenty-sixth, 1812, entitled, "An act for the more perfect organization of the army of the United States," enacts "that the military establishment authorized by law previous to the twelfth day of April, 1808, and the additional military force raised by virtue of the act of April twelfth, 1808, be, and the same are hereby incorporated,"

etc.

While upon this subject of distinct corps it may be pertinent to make the following observation: The appointments of Generals McClellan, Fremont, Butler, Banks, and Dix were virtually all made in May, and were made generally known in the public journals of that month.

At that time, under the law (see ninety-eighth Article of War) and under immemorial usage, offi

cers of the regular army ranked those of the militia or volunteers, and this usage was carried out through all the details of service. The regular troops as a body were always placed on the right ranking position, the marine corps next in order, and in the extreme left the militia or volunteers.

If when he made these appointments the President intended to give General Butler the position of ranking general in the armies of the United States, regular and volunteer, why did he not place him in the ranking body? And why did he, on the contrary, place him in that branch of the military service where law and usage positively made him junior in rank to every other officer of the same grade in the other branch of the service?

In point of fact, none of these appointments made before the passage of the acts of July twenty-second, twenty-fifth, and twenty-ninth, gave any legal status. The act of the President in making the appointments was merely provisional, and out of the necessity of the case. Upon the enactment of these laws the President submitted his appointments to the consideration of the Senate, and after they had been confirmed by this body the commissions were issued conformably.

But admitting that military usage and the laws did not expressly operate against General Butler's claim to belong to the same corps with Generals McClellan and Fremont, the fifth paragraph of the Army Regulations does not apply to him in. any of its specifications, because the decree of the Senate completing the respective commissions and fixing the character and the extent of the authority conferred, positively assign him an inferior and subsequent date. Therefore, the Regulations, which interpret-they enact nothingwhich interpret and formalize the acts of Congress, and make another branch of what must be understood by the term "form," do not in any way sustain General Butler's position in derogation of the two first generals named in the Register.

It is a peculiarity of the argument brought forward under the fifth paragraph, that throughout it is based upon an assumption of facts which General Butler himself, in his preliminary remarks, declares do not exist, namely, a priority of date in his own commission, and its consequent coïncidence with the commissions of the general officers whom he thereby holds to come "in order of seniority" with himself. With the fact constantly in view that the argument rests on an imaginary basis, it is a sort of anomaly to the understanding to follow it in detail through the outside points presented by General Butler.

In his concluding remarks he affirms that "there is no act of Congress which has or can settle seniority of rank." But certainly there are many precedents which go to show that they can and do settle such questions. The Act of August sixth, 1861, made General Butler senior to brigadier-generals appointed on or after July twenty-second, 1861, and gave him his only claim

to seniority upon the ground of superior rank when appointed.

General Butler adds, that "questions of seniority now are only useful in points of etiquette and service upon courts-martial." But these questions involve something more than etiquette; they are questions of rank, and of rank under such circumstances as often to convey the most positive control and command. The resolution of April fourth, 1862, authorizing the President "to assign the command of troops in the same field or department to officers of the same grade, without regard to seniority," does not vitiate the right to command, which is given by superiority of rank, except in those cases when it is specially so ordered by the President.

sand four hundred, of which one thousand two hundred and fifty were colored.

About three o'clock in the morning our pickets were driven in, and fifteen minutes later the enemy appeared and formed in line of battle on our left front. They formed for bayonet-charge three lines deep with a reserve. Six regiments were brought into action, commanded, as we learn, by McCulloch, brother of Ben McCulloch, killed at Pea Ridge. With yells that would make faint hearts quail, on double-quick they charged our little band. They met the shock like heroes, reserving their fire until the foe was within one hundred yards, then a terrible volley broke the first line of the enemy, and made the whole column tremble for a moment, but rallied by their officers, with redoubled yells onward they rushed. A hedge at the base of the levee furnished a

closed their lines and then rushed up the levee. Our men stood up bravely to the work, but were overpowered by numbers. At this moment the conflict was terrible. The whiz of bullets made the air vocal with dread music. Whoever has been in battle knows well the fiendish scream. In ten minutes not less than three hundred of our brave men were either killed or wounded.

I rest here my remarks on the subject, concluding briefly. General Butler demands that the commissions of Generals McClellan and Fre-screen, behind which for a moment they halted, mont be in part set aside in his favor, upon the ground that, in consideration of his services in the department of Annapolis, the President intended to give him the position now legally held by one of those two officers. To this I desire, finally, to reply that the act of the President and Senate which conferred on them their commissions was constitutional and binding in all its terms, and I respectfully submit that there is no authority competent to modify it. Very respectfully, your obedient servant, JOHN C. FREMONT, Major-General U. S. A.

Doc. 8.

FIGHT AT MILLIKEN'S BEND, MISS.

ACCOUNT BY AN EYE-WITNESS.

MILLIKEN'S BEND, June 18.

FIRST allow me to describe the ground occupied by our troops. The camp is along the bank of the Mississippi River, and at this point the levee is not more than one hundred and fifty yards from the river. The encampment is between the levee and the river. Breastworks have been thrown up on the right and left, and a few rifle-pits dug along the levee; and this constituted our defensive work. The levee is about eight feet high at this point, and back of it is a plantation covered with hedges, fruit and ornamental trees, in the immediate vicinity of our camp and to the rear. For some days previous to the attack we had known that a force of rebels were in the vicinity, estimated from one thousand five hundred to ten thousand strong. The colored troops were only partially organized regiments and had all been armed within a week to meet this emergency. With such raw material you may be sure a battle was any thing but desirable to the officers of the colored regiments.

Our force consisted of the Ninth Louisiana, Colonel Seibs; the Eleventh, Colonel Chamberlain; and the First Mississippi, only one hundred and fifty men, and one hundred and sixty from the Twenty-third Iowa.

Our entire force engaged was about one thou

us up.

Our own fallen covered the levee on one side, and the enemy on the other. For a few moments our men held their own ground, but the enemy were three to our one, and our left were compelled to fall back. This they did, continuing the fire, which prevented the enemy following Our right held the works at that point and opened a raking fire on the enemy. The left and centre fell back to the river one hundred and fifty yards and opened fire from the cover of the river-bank. Thus posted, the battle continued from four to eleven A.M. Soon after our forces fell back, the gunboat Choctaw opened on the enemy with shell. The range, however, was short, and for some time all the damage done to the enemy was the arousing of their fears. Soon, however, on our right a flanking movement was disconcerted by a few well-directed shells. The gunboat doubtless did much to save the day. About eleven o'clock our men on the left were rallied to a charge, and the whole line of the enemy gave way. The gunboat now threw shell thick and fast into their retreating ranks, and soon their retreat became a rout and they ran for shelter to hedges and timber in the rear. At half-past eleven o'clock the battle was ended and the work of gathering in the dead and wounded commenced.

I was on the field during the whole time of the engagement, and watched with interest the conduct of officers and their commands. It was a fight for which we were all unprepared, and hence concert of action could not be expected. Each regiment, and I may add, each company and man fought on his own hook. Had our forces been drilled men, we would have called them whipped in detail, the work wasn't done, and the enemy were repulsed with heavy loss. I will speak of the officers of the Eleventh Louisiana, as I was

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