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guns, and the soldiers seen from the gunboat | Misses Snowden, of Alexandria, were at this were three regiments advancing to its support. Had its location been known, it could and would have been taken at the point of the bayonet, and its guns, as well as those of the three gunboats, turned upon the party advancing to its relief.

This is the first time that any of the Excelsior regiments have been on Virginia soil, as this brigade has been assigned to the important but onerous work of guarding and protecting the Lower Potomac. But the behavior of the detachment of the Fifth, on this occasion, was excellent. Landing at night, at a point clothed with mystery, and in the presence of an unknown force, not a man hesitated, and officers and men vied with each other in seeking the post of danger.

house, and one report is, that all the ladies escaped to the woods in their night clothes; another report is that the ladies remained in the house and were not molested The Federals also visited the house of Benjamin Grimes, which they were reported to have destroyed, together with other property. This is confirmed. After these outrages the Federals commenced their piratical feats in stealing off the negroes in the vicinity, and from a dozen servants who arrived here last night we learn that, in many instances, slaves were forced off by the soldiery against their protestations to be allowed to remain where they were. A gentleman, who left the vicinity yesterday forenoon, reports that Colonel Carey's Thirtieth Virginia regiment were within eight miles of Matthias Point, en The many friends of Chaplain Boole will re-route, when he passed them, and that Colonel gret to learn that, while riding a day or two since, his horse stumbled and fell, and the chaplain sustained a fracture and dislocation of the wrist. Private Ricemeyer, of Company A, died of typhoid fever on Tuesday morning. This is the second death from disease in this regiment since its formation, early in June last -a remarkable state of health for a regiment constantly in active service.

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The enemy made a landing at Matthias Point about two hours before daylight on Monday morning, in numbers reported at from sixty to two hundred.

They immediately moved outward into the country, but so quiet had been the landing that our pickets in the vicinity were unapprised of the fact. One of the pickets, named Baker, belonging to Captain John Taylor's Cavalry, challenged some one approaching, when he was answered that "a friend" approached, and immediately thereafter received a ball from a pistol, which struck him in the breast and glanced around on the shoulder. The ball was afterward extracted with but slight injury to his person.

The enemy next fired and burned to the ground the residence of Custis Grymes, which had been so perforated with shot and shell during the last few months by the enemy's vessels in the river as to be nearly, if not quite, untenantable, and has been unoccupied, we believe, for some time.

They next visited the residence of Mercer Tennant, which they are reported to have fired and burned, together with his barn, wheat stacks, etc. Another report is that the house was not burned. They then advanced to the residence of Mrs. Stuart, (widow of the late Colonel John Stuart,) and arrested Mr. Dent and his son, of St. Mary's County, Md., and also an elderly gentleman named Nalley. Two of the

Stokes' North Carolina regiment were pressing on to the same point. Captain Cook's artillery are also reported to have been ordered to the same point. We have no idea of a fight, as that is not the object of the pirates who divide their time on water and land, and whose purpose is not to meet our forces in manly warfare, but to skulk around from neighborhood to neighborhood, where they can practically illustrate the principles of the Lincoln dynasty. We have just seen Colonel Arnold, of King George, who was in the vicinity of Matthias Point yesterday. He states that the enemy had all reembarked, and that their vessels were lying off in the Potomac. Colonel Carey's regiment had returned from the point as far as Fairview Gate, awaiting orders. About forty negroes escaped on Saturday night and were carried off by the enemy on Monday morning.

Among those losing are the following: ten servants belonging to the estate of the late R. H. Montgomery; eight to Henry Gouldman; four to W. D. Watson; five to Fielding Lewis; one to Dr. Hunter; a number belonging to II. M. Tennant; some belonging to Mrs. M. C. Stuart; one belonging to Mr. Coleman, of Spotsylvania, hired, we suppose, in King George.

The county of King George has lost, since the war, at least one hundred negroes, whose aggregate value is not less than one hundred thousand dollars.

-Fredericksburg (Va.) Record, November 12

Doc. 1521.

ENGAGEMENT AT NORFOLK, MO.,

SEPTEMBER 10, 1861.

LIEUTENANT PHELPS' REPORT.

UNITED STATES GUNBOAT CONESTOGA,
CAIRO, ILLINOIS, September 10, 1861.
SIR: I have to inform you that this morning
I got under way with this vessel, in company
with the Lexington, at the request of Colonel
Wagner, and proceeded down the river to cover

an advance of troops from Norfolk in that direction. After passing considerably below the forces on shore, the Lexington turned back to be more near them. I proceeded further down to examine the head of Island No. 2 for a reported battery, but failed to find it. I, however, discovered the enemy in force on the Missouri side, at Lucas' Bend, and at once proceeded down and opened fire upon their artillery and cavalry. The enemy had about sixteen pieces of field-artillery and, it is believed, one heavy piece in battery. Several of their pieces were rifled cannon, and ranged to and beyond this vessel, striking all about her. In a short time Commander Stembel, hearing our guns, came down with the Lexington, and joined in the fight. The rebels moved their batteries from point to point, while we availed ourselves of our motive power to move up stream as the enemy would attempt to move up back from the banks, and bring their several batteries out at different places to fire a few rounds and gallop to some other point.

Their force of cavalry was considerable, and I fired several shells among them with great apparent effect.

The shell and shot of both our vessels were lodged among their batteries. Both the Lexington and this vessel retired out of range for a short time, about one o'clock, hoping to lead the enemy up higher, where our land forces were. Two steamers of the enemy had come up from Columbus-one, the gunboat Yankee, which also opened fire upon us; but I found our guns could not reach them where they were below the batteries. At about two o'clock I again dropped down with this vessel, determined to try a shot again at the rebel gunboat. The first shot fired must have struck her on the ricochet, as it touched the water close alongside, and she at once started down stream. The Lexington again came up, and it is believed succeeded in landing an eight-inch shell in the Yankee's wheel-house and side, where it burst. At all events, the vessel appeared to be greatly injured, and went off with but one engine working. She retired under the batteries at Columbus, where the other one had previously gone. Our boats again opened fire upon the enemy's batteries, and before five o'clock we had silenced them entirely, driven their force out of reach, and without injury to ourselves. I am satisfied we did great damage to the

enemy.

will of the crew, scarcely one of whom had been under fire before.

I am, respectfully, your obedient servant,
S. L. PHELPS,
Lieutenant United States Navy.
Captain A. H. FOOTE, U. S. N.,
Commanding Naval Forces Western Rivers.

REPORT OF COMMANDER STEMBEL.

UNITED STATES, GUNBOAT LEX,NGTON, MOUND CITY, ILLINOIS, September 13, 1861. SIR: I have the honor to submit the following report, viz.: On Sunday night, the 8th instant, at half-past eleven, I received an order from General Grant, through his aide-de-camp, Captain Hillyer, to proceed the next morning at daylight down the Mississippi River with this vessel to the town of Norfolk, Missouri, eight miles below Cairo, to afford protection to Col. Wagner, chief of artillery, who would move in that direction at the same time with a column against the enemy, who were said to be in force at that place.

I did so, and remained in the vicinity of the colonel's camp that day and night, (having in the mean time been joined by the United States gunboat Conestoga,) without discovering the enemy, although intelligence of their moving in his direction was received by the colonel, and by him communicated to me.

On the morning of the 9th, Colonel Wagner informed me by note that he would advance three miles with his command, and requested me to follow with the gunboats, which I did, dropping down some distance below the troops, where I had a good view down the river, but saw nothing worthy of notice. I then returned, and the Conestoga continued dropping down until she arrived at "Lucas' Bend," the point in the river above Columbus, where (Columbus) I had, the Sunday previous, when on a reconnoitring expedition with Colonel Wagner, discovered two formidable batteries planted on the bluffs above the town, when she fired her stern gun at a large body of rebel cavalry, drawn up on the banks, as I was subsequently informed by Lieutenant Commanding S. L. Phelps.

I immediately ran down to the Conestoga, and, on my arrival in her vicinity, the batteries in the bend opened upon us; we engaged them, and soon silenced them-one of which, composed of flying rifled artillery, however, merely changed position higher up the river, and While retiring, this boat was fired upon with opened again. This it did several times, and musketry by an enemy concealed in a thicket each time we silenced it, until it finally retreatand small out-house, and one man (Nelsoned down the river, and I think embarked on Castle, quartermaster) was shot through the arm and in the forehead. I think he will recover, but an operation will be required upon the skull.

I at once opened with canister upon the thicket, and quickly cleared it of the rebels. Some of them were shot by our small-arms

men.

I cannot speak too highly of the spirit and

board a steamer which came from the direction of Columbus at the commencement of the engagement, under convoy of what is supposed to be the rebel gunboat Yankee; both boats, flying the rebel colors, kept well in under the batteries on the bluff above the latter place.

The Lexington and Conestoga then ran down the bend, throwing a shell occasionally at the points from which they had been fired upon

previously without eliciting a reply, until they reached a point which I estimated to be about two and a half miles distant from the Yankee. I then directed one of the eight-inch guns of the Lexington, charged with a fifteen-second fuzed shell, to be trained upon her, giving the gun its greatest possible elevation by removing the quoin, &c., and fired. I had the satisfaction of seeing the shell explode in her starboard wheel-house, careening her smoke-stack, and otherwise crippling her, when both rebel steamers retreated toward Columbus, the batteries on the bluff alone preventing their cap

ture.

The gunboats then returned up the river, and were several times fired upon from the Missouri and once from the Kentucky shore with musketry, shells, and canister. There certainly must have been a large force opposed to us, and from the accurate firing of the gunboats the enemy's loss was undoubtedly very heavy. The only casualty on our part was one man seriously wounded on board the Conestoga by a musket ball from the Missouri shore.

sentment of the Grand Jury, except in cases arising in the land or naval forces, or in the militia when in service in time of war or public danger." The only authority possessed by the courts of the Confederate States to take cognizance of any offence is bestowed by the Constitution of the Confederate States, and acts of Congress made in pursuance of powers therein granted. You have, therefore, no such general authority to inquire into offences against the laws of the State, or against good morals or good order, as is possessed by Grand Juries in the State Courts. You have, in general, to deal only with those crimes and misdemeanors which are declared to be such by the Constitution or laws of the Confederate States, or by the statutes or laws of a State of the United States, which were adopted by the Congress of the Confederate States. The thirty-seventh section of the act passed by the Congress of the Confederate States, and approved on the 16th of March, 1861, provides that "the laws of the United States in regard to certain crimes and offences" shall "be in force until otherwise provided by law of Con

I cannot here close this report without ex-gress." Thus, the criminal laws of the United pressing to you my high appreciation of the manner in which the officers and men of both the gunboats deported themselves on this occasion; their conduct was cool and collected, and more like that of veterans than green hands, as most of them are. Lieutenant Commanding Phelps deserves particular notice for his masterly management of the Conestoga, and his effective fire, principally from his stern gun, which confirmed my previously entertained opinion, that the three gunboats now in service on these waters should each, to make them doubly useful, have a stern gun. I have, therefore, in your absence, taken the responsibility of transporting one of the thirty-two-pounders, composing a part of the battery of this vessel, from forward aft, thereby, I think, increasing her efficiency, which, I hope, will meet your approbation.

I have the honor to be your obedient servant,
R. N. STEMBEL,
Commanding U. S. Gunboat Lexington.
Commodore A. II. FOOTE, U. S. N.,
Com'g Gunboat Flotilla on Western Waters,
St. Louis, Mo.

Doc. 153.

THE LAW OF TREASON.

States, having been expressly adopted by Congress, became laws of the Confederate Statesthat is to say, those laws of the United States which were passed before the act aforesaid. Under these laws of the United States and the criminal laws of the Confederate States, you may inquire into and present a great number of different offences, a few of which I will mentionmurder, manslaughter on the high seas, or in the bays or rivers where the tide ebbs and flows, committed on board of ships or other vessels belonging to the Confederacy; mutiny or revolt committed on board of such vessels; cruelty to seamen; stealing or taking letters from the mails or post-office; and counterfeiting and forgery of various kinds, fall under your cognizance. To forge the treasury notes of the Confederate States has been deemed by Congress a crime so high in its character and so extremely mischievous in its consequences, that it was thought necessary to make it punishable with death. Even to pass, utter, or publish as true, any forged Treasury note, knowing it to be forged, is punishable in the same way. Treason is another offence to which I will call your attention. By the third section of the third article of the Constitution of the Confederate States-which is copied, with the substitution of the word "Confederate" for the word "United," from the Constitution of the United States-"Treason

CHARGE OF JUDGE HALIBURTON TO THE GRAND against the Confederate States shall consist only

JURY OF THE CONFEDERATE DISTRICT COURT, AT in levying war against them or in adhering to RICHMOND, ON THE 12TH NOV., 1861. their enemies, giving them aid and comfort," GENTLEMEN OF THE GRAND JURY: The thir- and "no person shall be convicted of treason unteenth clause of the seventh section of the first less on the testimony of two witnesses to the article of the Provisional Constitution of the same overt act, or on confession in open court.” Confederate States, in pursuance of which you To adhere to the enemies of the Confederate are now assembled, declared, in the exact words States, giving them aid and comfort in any way of the Constitution of the United States, that in carrying on war against us, is therefore, as "no person shall be held to answer for a capital you see, as much treason as to be actually enor otherwise infamous orime, unless on the pre-gaged in the war. The Constitution declares

injury." "Any one," continues the same author, "whose sovereign is at enmity with us, living here under the King's protection, and committing offences amounting to treason, may likewise be dealt with as a traitor; for he oweth a temporary local allegiance, founded on that share of protection he receiveth." These observations of Foster are sound law, and supported by sound reasoning. A foreigner who resides here, and who seeks to receive the benefit and protection of our Government and laws, ought to be punished as a traitor, if he betrays the Gov

act was passed by the Congress of the Confederate States, in August last, and approved by the President on the 30th of that month, which I am required to give you specially in charge. It is entitled-(here the Judge read the preamble and first four sections of the sequestration act, in the third volume of Acts of Congress, page 57.) The sections of the act which I have thought it proper to read to you require very little comment. It is only proper to say a word or two to you in reference to alien enemies. The very learned and highly distinguished gentleman who is at the head of the Department of Justice here, the Attorney-General of the Confederate States, has given a very accurate definition of the phrase alien enemies, as used in the act, in these words: The following persons are subject to the operation of the law as alien enemies:

that "Congress shall make no law abridging the | freedom of speech or of the press," and mere words, whether written or spoken, can never amount to treason, unless they are intended to give, or do give in some way, aid to the enemy in carrying on the war. To give to the enemy information as to the number of our troops, or the position or movements of our army, or any other information which would be of service to him in the conduct of the war, would be treason. To trade with the enemy, too, may be treasonable. Such traffic, if not always treason, is generally a high misdemeanor, at least it sub-ernment which confides and protects him. An jects the party engaged in it to a forfeiture of the vessel and cargo, or other property that may be employed in it, unless it is carried on with the consent of the Government. This seems to be a principle of universal law, and not peculiar to the jurisprudence of any one country. So inflexible is the rule that in a case where a citizen of the United States has purchased a quantity of British goods within the British territory a long time previous to the declaration of hostilities, and had deposited them in an island near the frontier, a vessel hired by him to bring away the goods was captured, with the cargo, and condemned as a prize of war by the United States Courts. To send to the enemy munitions of war or provisions, or supplies of any kind, which would enable him to carry on the war more effectually, would be an act of treason. "All contracts with the enemy," says Phillimon, are null and void; even the insurance of an enemy's property is illegal, upon the ground of its being a species of intercourse with the enemy; for the same reason bills of exchange made by the subject of one belligerent upon the subject of the other belligerent are illegal and void. The remission of funds in money or bills to subjects of the enemy, the purchase of bills or the deposit of funds in the enemy's country, are unlawful, because they tend to improve the resources and strengthen the hands of the enemy. In fine, every communication with the State, however circuitous, is prohibited, unless it be sanctioned by the special authority of the Government.

As to the persons who may be guilty of treason, they are not merely the native inhabitants, nor even the citizens of a country. Strangers and foreigners who have their domicile there may incur the guilt of treason against the country in which they dwell, by committing such acts as would be treason in a citizen or subject of this country. "An alien," says Foster, "whose sovereignty is in amity with the Crown of England, residing here, and receiving the protection of the law, oweth a large allegiance to the Crown during the time of his residence; and if during the time he committeth an offence which in the case of a natural born subject would amount to treason, he may be dealt with as a traitor. For his person and personal estate are as much under the protection of the law as the natural born subject's; and if he is injured in either he hath the same remedy by law for such

1. All citizens of the United States except. citizens of Delaware, Maryland, Kentucky or Missouri, or the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas.

2. All persons who have a domicile within the States with which this Government is at war, no matter whether they be citizens or not. Thus, the subjects of Great Britain, France, or other neutral nations, who have a domicil or are carrying on business or traffic within the States at war with the Confederacy, are alien enemies under the law.

3. All such citizens or residents of the States of Delaware, Maryland, Kentucky or Missouri, and the Territories of New Mexico, Arizona, and the Indian Territory south of Kansas, and of the District of Columbia, as shall commit actual hostilities against the Confederate States, or aid or abet the United states in the existing war against the Confederate States. Having explained to you the meaning of the term alien enemies, I do not deem it necessary to add anything more in relation to the act. As to the testimony upon which a presentment may be made or an indictment formed, you should be satisfied by it, so far as it goes, that the charges contained in the indictment are true-that is to say, the evidence should be sufficient to create a belief that the statements in presentment of indictment are true, upon the supposition that there is no further evidence behind to contradict or rebut it. You should decide the case upon

It was soon ascertained that the rebel cavalry had left, having encamped at the church the night before. Our men advanced and occupied the ground, and sent out parties on the differ

took the road to Colchester. There are no signs of the enemy having been recently in that vicinity, nor were there any indications of their occupying the opposite bank of the Occoquan at that point.

the evidence before you, as if that were all the | Heintzelman himself left head-quarters at daytestimony on either side; and when we remember light, and overtook the advance where they that evidence is sent to you on the part of the were halted, a short distance on the north side prosecution alone, it is not going too far to say of the church. that the evidence ought to be such as would, if standing alone, be sufficient to warrant a belief that the party accused is guilty. The third section of the constitution provides, as you have already heard, that "no person shall be convict-ent roads. The regiments under Col. Hayman ed of treason unless on the testimony of two witnesses to the same overt act; or on confession in open court." But although two witnesses are necessary in such a case to justify a conviction, only one is necessary to the finding of an indimetent. In all cases of treason, however, as in every other case, the evidence before you must be legal evidence, and such as would be allowed to go to a petty or traverse jury. A grand jury can no more listen to hearsay, or other illegal or unimportant testimony, than a petty jury can. If you should desire further information, gentlemen, on any point of law, the Court will give it to you with pleasure. I thank you for attending punctually. You will now retire, if you please, to consider of such matters as may be brought before you.

Doc. 154.

RECONNOISSANCE TO OCCOQUAN RIVER,

NOVEMBER 12, 1861.

THE following is a complete account of the reconnoissance to the Occoquan River, Va.:

The rebels having made a demonstration against our pickets on the 11th Nov., General Heintzelman sent out two small parties of cavalry to reconnoitre. They returned with a report that the rebels, with four hundred cavalry and two regiments of infantry, were encamped near Pohick Church. General Heintzelman, believing he could disperse them, telegraphed to the Commanding General, and was authorized to prepare an expedition. On the 12th inst., at three A. M., Gen. Richardson's brigade, with Company G of the Lincoln Cavalry, and Capt. Thompson's and Capt. Randolph's batteries of artillery, advanced upon Pohick Church by the telegraph road, followed, an hour later, by Gen. Jameson's brigade, and Company G, Lincoln Cavalry.

Their instructions were for Gen. Richardson to divide his brigade at Potter's house, just beyond Piney Run, he to follow the telegraph road, and the other two regiments, with a battery and a company of cavalry, to cross to Accotink and reach Pohick Church by the Accotink and Pohick continuation of the Alexandria turnpike, so to time his march as to have both his columns reach the church at the same time. Gen. Johnson's brigade followed an hour later on the telegraph road as a reserve. Gen.

Col. Terry, who commanded the troops which followed the telegraph road to Mrs. Violet's, learned that the enemy's pickets had left there two hours before. On the opposite side of the Occoquan there was seen a small force of cavalry and infantry, evidently apprised of the advance. The cavalry pickets on the road toward Elsey's had also retreated very recently.

Having ascertained these facts, the troops returned to their camps. Gen. Heintzelman expresses great gratification at the spirit, zeal, and activity displayed by the troops. We were five hours at Pohick Church; the main body marched twenty-two miles, and the regiments, which were pushed forward to the Occoquan, about thirty; all were back to their camps by nine P. M. Colonel Berry's regiment of General Sedgewick's brigade, with Captain Todd's company of Lincoln Cavalry, marched at four A. M. on the old Fairfax road with orders to halt at the Accotink, and push forward a reconnoissance as far as the Pohick. Col. Berry seems to have mistaken Fairfax Station for either Springfield or Burke's Station; the latter is the more probable. He says he took the road toward Pohick Church; he should have followed the old Fairfax road as far as the Pohick. By taking the road toward Pohick Church, his scouts came in sight of our troops in advance of the church, and mistook them for the enemy drilling. Our skirmishers saw them, and reported the rebel cavalry and infantry on that road. Gen. Heintzelman advanced a force to meet them, but after sending forward no one could be discovered, and the troops were withdrawn. Of the Lincoln Cavalry Sergeant O'Brien is killed; Bugler Benton mortally wounded, since dead; Private Miller wounded, missing; Private Mitchell wounded slightly; Capt. Todd, missing; Private Johnson, missing; and seven horses missing. This loss was sustained by the negligence of the officers of this cavalry in permitting their men to straggle in the presence of the enemy, and to plunder. The rebels evidently occupy several points on the railroad in force, have a cavalry force at or near Elsey's and Sangster's crossroads, and a force at Wolf Run Shoals. Gen. Heintzelman was accompanied and assisted by Capt. Moses and Lieut. Hunt, of his staff, and Lieut.-Col. Schickfus and Capt. Oth, of the Lincoln Cavalry.

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