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this is not the place to speak, further than to say that the veteran Lieutenant General, his immediate superior, keenly felt the disrespectful bearing of his subordinate.
Increasing physical infirmity led the Lieutenant General to desire relief from all active duties, and from apparent responsibility for acts in which he really had no share. Directly after the affair at Ball's Bluff, he made known this wish to the President. The request was one which, urged as it was, could not be refused. The following is the President's order on this subject:
EXECUTIVE MANSION, WASHINGTON, Nov. 1, 1861.
On the 1st day of November, A. D. 1861, upon his own application to the President of the United States, Brevet Lieut. Gen. Winfield Scott is ordered to be placed, and hereby is placed, upon the list of retired officers of the Army of the United States, without reduction in his current pay, subsistence or allowances.
The American people will hear with sadness and deep emotion that Gen. Scott has withdrawn from the active control of the army, while the President and the unanimous Cabinet express their own and the nation's sympathy in his personal affliction, and their profound sense of the important public services rendered by him to his country during his long and brilliant career, among which will ever be gratefully distinguished his faithful devotion to the Constitution, the Union and the flag, when assailed by a parricidal rebellion.
This order was read to Gen. Scott, at his residence, by the President, the Cabinet being present. The veteran General replied:
PRESIDENT: This honor overwhelms me. It overpays all services I have attempted to render to my country. If I had any claims before, they are all obliterated by this expression of approval by the President, with the unanimous support of his Cabinet. I know the President and this Cabinet well-I know that the country has placed its interests, in this trying crisis, in safe keeping. Their counsels are wise. Their labors are untiring as they are loyal, and their course is the right one.
President, you must excuse me; I am unable to stand longer to give utterance to the feelings of gratitude which oppress me. In my retirement I shall offer up my prayer to God for this
Administration, and for my country. I shall pray for it with confidence in its success over its enemies, and that speedily.
On Gen. McClellan, who now held the highest rank in the army, the President temporarily devolved the duties of General-in-chief, and that position was assumed in a general order, issued on the day of the Lieutenant General's retire
On the 7th of November, an expedition, under the joint command of Com. Dupont and Gen. T. W. Sherman, effected a landing on the South Carolina coast, having achieved a brilliant victory in Port Royal Harbor. In thus approaching a portion of the South densely populated with slaves, it became necessary to define more clearly the policy to be acted upon by our military officers. In doing so, former orders to General Butler, on first entering Virginia, in May, were repeated. The following is the official order to Gen. Sherman :
WAR DEPARTMENT, Oct. 14, 1861.
SIR: In conducting military operations within States declared by the proclamation of the President to be in a state of insurrection, you will govern yourself, so far as persons held to service under the laws of such States are concerned, by the principles of the letters addressed by me to Maj. Gen. Butler, on the 30th of May and the 8th of August, copies of which are herewith furnished to you. As special directions, adapted to special circumstances, can not be given, much must be referred to your own discretion, as Commanding General of the expedition. You will, however, in general, avail yourself of the services of any persons, whether fugitives from labor or not, who may offer them to the National Government; you will employ such persons in such services as they may be fitted for, either as ordinary employees, or, if special circumstances seem to require it, in any other capacity, with such organization in squads, companies, or otherwise, as you deem most beneficial to the service. This, however, not to mean a general arming of them for military service. You will assure all loyal masters that Congress will provide just compensation to them for the loss of the services of the persons so employed. It is believed that the course thus indicated will best secure the substantial rights of loyal masters, and the benefits to the United States of the services of all disposed to support the Government, while it avoids
all interference with the social systems or local institutions of every State, beyond that which insurrection makes unavoidable, and which a restoration of peaceful relations to the Union, under the Constitution, will immediately remove.
BRIG. GEN. T. W. SHERMAN,
Commanding Expedition to the Southern Coast.
Gen. Butler having, in his letter of May 27th, apprised the War Department as to his views and action in regard to fugitive slaves coming within his lines-such "property" being, in his opinion, contraband of war-the Secretary of War had replied:
WASHINGTON, May 30, 1861.
SIR: Your action in respect to the negroes who came within your lines, from the service of the Rebels, is approved. The Department is sensible of the embarrassments, which must surround officers conducting military operations in a State, by the laws of which slavery is sanctioned. The Government can not recognize the rejection by any State of its Federal obligation, resting upon itself, among these Federal obligations. However, no one can be more important than that of suppressing and dispersing any combination of the former for the purpose of overthrowing its whole constitutional authority. While, therefore, you will permit no interference, by persons under your command, with the relations of persons held to service under the laws of any State, you will, on the other hand, so long as any State within which your military operations are conducted, remain under the control of such armed combinations, refrain from surrendering to alleged masters any persons who come within your lines. You will employ such persons in the services to which they will be best adapted, keeping an account of the labor by them performed, of the value of it, and the expenses of their maintenance. The question of their final disposition will be reserved for future determination.
The other letter to Gen. Butler, referred to above, is in the following terms:
WASHINGTON, August 8, 1861. GENERAL: The important question of the proper disposition to be made of fugitives from service in the States in insur
rection against the Federal Government, to which you have again directed my attention, in your letter of July 20, has received my most attentive consideration. It is the desire of the President that all existing rights in all the States be fully respected and maintained. The war now prosecuted on the part of the Federal Government is a war for the Union, for the preservation of all the constitutional rights of the States and the citizens of the States in the Union; hence no question can arise as to fugitives from service within the States and Terri tories in which the authority of the Union is fully acknowl edged. The ordinary forms of judicial proceedings must be respected by the military and civil authorities alike for the enforcement of legal forms. But in the States wholly or in part under insurrectionary control, where the laws of the United States are so far opposed and resisted that they can not be effectually enforced, it is obvious that the rights dependent upon the execution of these laws must temporarily fail, and it is equally obvious that the rights dependent on the laws of the States within which military operations are conducted must necessarily be subordinate to the military exigences created by the insurrection, if not wholly forfeited by the treasonable conduct of the parties claiming them. To this the general rule of the right to service forms an exception. The act of Congress approved Aug. 6, 1861, declares that if persons held to service shall be employed in hostility to the United States, the right to their services shall be discharged therefrom. It follows of necessity that no claim can be recognized by the military authority of the Union to the services of such persons when fugitives.
A more difficult question is presented in respect to persons escaping from the service of loyal masters. It is quite appar ent that the laws of the State under which only the services of such fugitives can be claimed must needs be wholly or almost wholly superseded, as to the remedies, by the insurrection and the military measures necessitated by it; and it is equally apparent that the substitution of military for judicial measures for the enforcement of such claims must be attended by great inconvenience, embarrassments and injuries. Under these circumstances, it seems quite clear that the substantial rights of loyal masters are still best protected by receiving such fugitives, as well as fugitives from disloyal masters, into the service of the United States, and employing them under such organizations. and in such occupations as circumstances may suggest or require. Of course a record should be kept showing the names and descriptions of the fugitives, the names and characters, as .oyal or disloyal, of their masters, and such facts as may bo
necessary to a correct understanding of the circumstances of each case.
After tranquillity shall have been restored upon the return of peace, Congress will doubtless properly provide for all the persons thus received into the service of the Union, and for a just compensation to loyal masters. In this way only, it would seem, can the duty and safety of the Government and just rights of all be fully reconciled and harmonized. You will, therefore, consider yourself in structed to govern your future action in respect to fugitives from service by the premises herein stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department. You will, however, neither authorize nor permit any interference by the troops under your command with the servants of peaceable citizens in a house or field, nor will you in any manner encourage such citizens to leave the lawful service of their masters, nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped. I am, very respectfully, your obedient servant,
TO MAJ. GEN. BUTLER,
On the 6th of November, a force under Gens. Grant and McClernand left Cairo on transports for the purpose of breaking up a Rebel camp on the Missouri side of the Mississippi river, nearly opposite Columbus, the headquarters of Gen. Polk. The whole number of men engaged in this expedition, including a Chicago battery and two companies of cavalry, was about 3,500. The gunboats Tyler and Lexington accompanied them. The troops effected a landing and were formed in line of battle about eight o'clock the following morning, and at once advanced upon the Rebel works. The Rebels, under Gen. Cheatham, met this attack, but were driven back over the wooded field, fighting from tree o tree, into and through their camp. Twelve guns were captured from the Rebels, their camp burned, and baggage, horses, and many prisoners were taken. Reënforcements from Columbus subsequently crossed to Belmont, compelling the Union forces to return to their transports, under cover of the gunboats. Though a decided success in