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BY N. S. MORSE & CO.
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• **-•'■.. f«ek r. ▼/were Obituary Noll'• **• J
In I* a! y j.* ! VT»»kJy— S; j;ty cent* perltoe.
W'lO 1H TO BUMK 1
It it vp v evident that * one one in toblnme
ft it t! if* retreat of onr array in North Georgia
»•> lo the tint'* of Gen Johnston’* removal
Ihe uiifide world Were inclined to lay tlio bur
then reffn tbo ehouldeii of that aMoGenerd.
If U those v.ho Lava been acquainted with tbc
fact*-with the workings ot tho inner maohi
v -ti't'e Sh«rm in first begun hit advance. I
j..,, w i a .| W( .|| ‘bat the fairttof all our disarm j
av .» ftttrilu'ib e to action of Oth r parties
Vi m thoie couueeGd with, the Army of Tenn s
r e.
It wa* (ipparont to Gen Johnston’s friends,
// ,m the hepinuimt of the camp-urn, although
, l6i would be done openly to biiug him into I
riipf j tie, that not ma il would be done at
lnoorid, if HtiV’hhig, to a-irist him in aclriev
lug a victory. The result, has proved the cor
redness of the su’pieion*
Ij.-t w,y-i!l write no more at pre« nt upon
this subject. It is too painful to dwell upon
The fact* now are plain to every unp ejudT-cd
man. Tltey are matter* ofhistory. They speak
tor tbeif.s l-et.
Annexed we give on account of thrt whole
Heritor. It U taken from the columns of the
Columbia CaTo i ii«n a pa er which has tierc
tof. ip nisi lined the adminiidration. I', is writ
two l.y the editor, F G IVKontalne, K-q , who
la sow iu Atlanta. it is a plain slate
meat. Let the people read and reflect.
CltATl ahoochkk July XI.
On. Johte ton’s plan >«f campaign embraces
thi “P primary objects— tin' daiest of Shcnnan,
x frt’v'tion of his own army, an i tho preser- |
v of iliecranuiies of Georgia. Thus far, |
it,,. ft.Ht o! ti.ee purposes has corny to naught. |
It tie .1 greatly superior force - rurnb. ring j
. ~. , ,|,I tie. sand men—Gen 8 ertnun h's, ,
fr.,m ft," t.ecinn'o.g, moved in such a manue' j
,i p | ,j. open claimed to he imprai tica 1 t<.
„, % ..V i.m, w p; advantage; white by means of
■; J. ..I ni.’l'ts ,if entre-chnienu—ae
1. ■ „. . . ait hot ity ‘‘C hits been »u
a, h 1t...0r limit a-., compel .s to M"* -
./,>/,e.51(.« ban mviylit every Oj-j ortwanj ’<>
~ . a,.U,'lt*:U ImTV/imy, lm li i* wntled j
n ill the hu'o'ts were mine t upou fits rear ]
j,moving backward, in the hope that ho !
ink tit turn upon Ids foe; aud yet, to the pro •
h , , litmr. he has (ailed to 1 ting on the twuc |
p, tim i .oh'as’on oi the eu my him-df. the j
, ,V; rit,,f<!en. Johnston is trnf of the most tkiU j
fI U i \ r „ ~lnfill aiJJievnnfnt.'i which bV hituHjj \
r{l - , r ,ls j.,,- 1,, it.f.wved an army from
mo . i.ilion, indicted tremendous damage on j
hi* .'intVo r.ist. and si. th-s hour confronts him
wi.ii the oiigii.al disparity between tlje ivr.
that in afntr and open
f .! tij'.t, there is not a question as to out »»°
'** ,,^ot withstanding Ud* brilliant result, th'-re
-t the army who now begin
to liee,\ Ihe l’. i.i.t.t ii-it, Chief fan oye,
M tim*:.'d IP 'er, arid who h.o • suddenly u.»-
w i hist ahilitv 1 .. co | o with the oinergen
•v lef.re him. IV-oihiy lot, Johvston m»y
» not. he mi IUJ -.sst <* tit ' l ' by it ittne, and wj-’-"
I,;, vftd , , p ,Id.indies arc tuiai .t upod him he
tal ‘o the t.ek of tie n nvinagement; but
tl,-i 'be hs elms for ct. and wisely aud well ia
~itu bawls, g hi* troops, will. I believe, beattesb
u .| li,, ire. IV Ot the events were. Orel l,
“h, „-d b - en.m h fn. thet-0 pseudo military
Uv .sop MS u» know that he has saved his
It o.r sin! in savn.g tie* army has saved the
, :Hi ~y imranisati t, t„ tne same grand
W ivh clf tho Confcd-acv Will s. e during
*l> w,.v and in m doing he* thrown aro.i and
g,.i people oi,i lioh,e*. our pr.'pe»iy, » *k
. eioteelit n. hut t,*r which we would h
.rirrmi by the foe. N *v, tnoio; be rfeleiHls
tiiet.s. ol the army ot'Geu. Lee ami the vast
Bt. i»-hoiwo ot supplier by which he is main
kfl 111* 'i i T I w
Let one imagine, for a moment, Gan. John
die.: bv Gen- Sbenn.ut, witi Ins ex
U,..us in,’is Where V -uld be At mua.
Macon, Am usU or the “cities by ®‘’’G
v uere our lines ol communication. I' l ' uttagu
tv ot our c, untrv aud the immunities !IOU j
il.mgev now i-Veil; whrie the ten thousand
Inn ests by wiliJlt we a" a nation "live. 1,1111
■ti.ve and have our being." and tho r«"tii «
X •, whic'i we are sustained amt our independ
ence is promised ? The quit.;. , requires no
•nti'.ci t hai is not already ueutldmg in cui
hsarts.
Cien Jehus*- therefore. ha* been com
j' | the situation not only ns h
* ,«or but as a statesman Wiling to en
r u'nter the rob quy of the people, and to trust
t 0 t s l.is viud catiou, lie has acted the
, ( r he p-udent gener.il by hnsb.in li ig the
c luiuined to hi- charge, although it
r ev l aiv beeu nt an unavoidable sacrifice ot
v , iit,TV i: h-ronld n>t alone mi l single h. ml !
ii ti i,,rfni'i try expected ot him, he b..» |
diiti.- ’ihe u«'i'. h. jt* th'ifif in notifiable under the
.imatunee . bv drawn a long .its
Ut.ce iroijjhie base untl preparing him ha a
erm-hirit defeat, hie I n.-: vrqtd upon the rres
iehgraph anti letter, and Gov Brown
j.,,5 ,ume li'n entne. the importance ol sevi ting j
ti:r lines of cotnmuiiie itioti in the enemy’.- j
t. »r and the 1.-uMitive has been almost tm ;
~Solid to donut* Forrest fnr flu purpose; luf |
H,e <tl .aa ben unde axil tmd the a <■ >*
t i 4. V, h<. Uv is lettered by important an
tics wi.toh li urlj demand his presence upon
our slink; Moig.'.n is tusncitting in Virginia,
atol Forrest is awniting the anival of Mash
lane in North Mississippi, comparatively idle
Tet Fomvt knows that m# place is here; and
be is said to i ave publicly declared his ability
tb'sttov eveiy important link ol conununtea
ti n between Blit rtnan and his base, and then
si hip tie advancing cohdnns from the West.
No one iail doubt that a defeat ot Bhertnaii
ities- 1 menus would t>e the deiataf every
*iilo i column in this section ot the Confederacy
Tlf rrt’fMOl tut- Federal army frum it* pr< sent
" * roil v I'h e:;rva'i.io staring it in tic Gov,
~'nlil be rapid H >'b Jobßston closely pre*e
ji g the r. «r. i( w> uld qvl'Ckly become a roll'.
I'rt the Presidejti appems blind lathe si nation.
v* 1 Uiai reuw/st ai'Ccs nnd obstinate irtttdker
i,„, to a policy ten ch persists it: thecontol o com
m.v<ji.s. u H obstruct* the free action of our yener
As I .observed in a previous' letter, the
Executive m ly no I have directly in ter let ed with
J‘ hasten during the < perationa of tDe
p jit t ot mouths, bid Ac bus thus far declined .o
Sa-oisnUe teiik him ». the most essential of alt
++ >as —nanoM, an attuik upon too enemy e
|W.
I hi# is the state of fact’ before the country,
an i beginning to be kno*u to the pe. pie. Ilte
On.igtsns are not slow to perceive that tin
aa ,it ot their ?t tc is endangered o<>v. Brown
has add it, amt although ho may not be the or
acle < t ail j.arth ». the proclamation issued by
huß. u whi h he practically declares that the
f \ ue must now tights her own batlbs. irvts
p t itve ot Ml aid which the President nt y ren
der. has dr. wt: still hr. a er the line ot demar
cation which he has sought toestabti-h between
hi» own * ml toe Uetieial Government, and
afi o' e- 0 »h ''fates ltgnl policy, Ot which
e it the champion.
1 c to cm o wi.h the above rve will finipiy
•id that Lett Forrest himself has time and
t.ru- again staled to members of his stuff. that
he has applied to the powers at K.cbancad to
•Uow him to operate in Sherman's rear, stating
•bat Be eoula Break up hie eousmuaication
entirely and compel him to retreat. Ilis ap
plication however, never was granted. These
lac a wo ti.iVi from a member of the General i
i et. fT eh \
As we have said before —it is with pain we
talk about these m*t*erw. But itiiourdu*',
in ibi* hour of our country t peril to tell the
truth in regard to matters. It is our duly,
i wp. □ a great uiisfortuns has happen*,, te let
! the putdtc *e<i who is to blame.
THE HITY OF Tint KOUR.
! “lijs duty of every citisen, iu thi* hour of
I imminent public danger, i» plai«. It is to
! uke up arms ia defence of hi* countty, to
j promptly respond to her call for help, to rally
i to her f Uadard, and aid iu driving back the
j invader. It is to give to our cause the moral
support of an unit inching courage, a calm
| dvtvt ablation, ah- petnl spirit, alike remote
! from foolish pretuuiption and ignoble despair,
j and a cheerful resignation to privations and
j lessee. It l* to contribute all of property, of
i in!l »nce. of iffort, incur power, to the achieve
m- nt of indepttndi nee. Let there be no
| flinching, no npx.ng, no croak tog, in this
hour of out country’s trav il. m
, It ig to the citizen of -Georgia, especially,
I thru the call of duty is addressed, at this me
| merit, with tbTiling emphasis. All yhat is
I pte ions t.nd sacred to the heart o f man—our
; homes, our hearths, our altars-the honor of
our women und the safety of our children—
lif", lilierty and property—all are threatened
by a foe, who«e avowed purpose is our 14,111
, plet** degradation and destruction. The in
stinct of self presei vation, mid the sentiment
of hot) r, alike, invoke ue to take up arms in
their defence. Where is the Georgian, whose
soul is not fired with indignation, is not roused
to rcseut.'uent, is not animated with patriotic
ardor, t y tin; peri! of ids State, by the insult
ing presence of an ir,relent and ruteies.s foe,
by the outrages already inflicted on our peo
ple, and the still greater outrages with which
they are threatened? What Georgian is will
ing to see his State overrun by an army of
incendiar’es, her fields laid waste, her h
reduced lo asha u , her cities sacked, her women
outraged and in-ulad, at; I her children driven
forth to beggary and death, rather than strike
a blow in tbeir defence?
Georgian*! tho time has como when you
must defend yotu - ri’-ate, or be forever ruined,
and disgr iced. The fiist and highest duty of
| a citizen, tho duty of defending the State
j igainst invasion, bids you hasten to her rescue.
! Neglect the duty, and soon the property to
; which you cling, will become the prey of th*
invader; you will exchange your proud birth-,
right of freedom for a serfdom, more galling
und oppressive tnan Egyptian bondage; you will
become th-. slaves of slaves; and your children
will find themselves outcasts and paupers, in
! the land of their fathers Tho danger is press
ing, nii‘4 we mast look it iu the faco —wo mnst
resolve to in, t” it with manly resistance.
Georgia, as one of the original thirteen
| colonies, which threw off tho British yoke,
. owes to her si; at this hour, a high and
! sacred duty—the duty of preserving the
blood-bought inheritance of freedom, bequeath
j ed by her heroic sires. Let, then, the spirit
I whirls fired their breaste, the spirit ol '76, he
mk udied in the breasts of their descendant*
Get in-in craatoi. (ii» esoniplo of their futlseis,
and prove ‘h un-elves worthy of such an an
*es<ry. Let it not be said that Georgia, to any
extent, proved recreant in the crisis of this
great struggle for independence.. •
Onr Governor is fully alive to Ids duty, to
tho weighty responsibility resting upon him
as the Chief Magistrate of the Empire State of
the ffimth. He has called out ail tbp available
militia of Ihe State, to aid our army In its
struggle with overwhelming Dumber* on our
own soil To have failed to have done this,
would have been a gross dereliction of duty ou
bis part — a duty devolved upon him by ihe
Constitution, and by every obligation of pat
riotism and prudence. Our duty is to sustain
him ; to rally at bis call to the defence of the
State.
Gen Gnstavus W. PrcUh. who has been
placed in command of the State forces, is an
officer of acknowledged and consummate abil
ity Under snob a leader, we are assured, tin-
Georgia troops will be skilfully bandied and
made eminently effective. His corps ha» al
ready done go.od service, and elicited a high
encomium from the late commander in chief.
With the additions now being made to it by
the Governor's efforts, it will soon be the most
numerous and powerful in the army of Gen.
Hood. Every citizen of the State meat feel a
deep and an individual interest in the ineroase
and efficiency of the corps, witli whose success
the pride, the honor ai.cl safety of Georgia are
identitied. It will be, hereafter, a source of
just pride and cxnUufcicra to the people of Geor
gia, that tiia Stale Litis? bore a conspicuous and
an honorable part in the‘great contest, decisive
of her destiny. Lot Gen. Smith, then, be re
l.ifotced by every man that eau be brought
into th# field.
The storm of v.ar gathers angrily in our
sky - we hear thp muttering thunders, and see
the fitful flashes, which herald the approach
ing tempest. Soon the great and decisive
battle must be fought, which may rid our State
of tin' 1 de l presence of the foe. Anxiety is
natural in anticipation of a conflict so momen
tous in its results But wc can see no reason
for despondency. We have before Atlanta,
one of the finest armies on the continent—
unsurpassed in valor and discipline—eager for
the contest, and confident of victory. Its new
commander is a fighting General, and as gifted
as he is brave. He completed his military
educatioft on the battle fields of Virginia. He
has learned, by practice, how to whip the
enemy. With such a General and such an
army, wc have good reason to look confidently
for favorable results.
But let us not despond, even though disaster
ehou'd befall our armies. Defeat would not
be subjugation. It >s not upon a hundred
battle fields that the liberties of a peo
pie. dCTemda«4 to be free, can be cloven
down. In the history of nations struegling
for independence, we have seen renewed deter
mination rising Phccnix-like, from the ashes of
disaster, and victory finally plucked from
the very jews ol defeat. Temporary defeat and
ditaster should eniy inspire ftesh vigor and
determination, assured as we are by the {e tch
ings of history that a nation, brave, enlighten
ed and united, and resolved upon.the achieve
mmt ot independence, can never be conquered
by any ©d-is that can be brought against it.—
We should remember that the lurther the ene
my penetrates into our territory, the greatei j
his danger. We feel the moral cert duty that
Shet man's boasted army cannot exist in the heart
ot the South, if we are only true to ourselves.
Its rear invites our attack, wi h the certainty
I that we can accomplish Its destruction. When
the enemy shall find a freeman in every bush,
j and behind every tiee. and when his line of
! o mmunioation shall be i. wailed with impetu
i ous fury, he will find it impewible to *tay—hi»
AUGUSTA, (iA., WEDNESDAY MORNING, JULY 27, 1864.
hour of retribution will come, the da; of ren
gence of an cutiage l people.
Again, we ten eat, the hour Iks t'orne for
! every man to do his duty. Oar blecdiig coun
try, the cries of outraged innocence, tie crimes
I of » rntlilees fo.\ the biooJ of our fu'tui braves,
i the example of our nubie aimies, gemming
with peinkteiit valor the tide of invadon, tic
jalety of tne pi-eieatand the hvptof the future,
a.l invoke us to action.
*■
iru'-ix LncHß ivE * Dirciaio.sr os i}a»aE»s-
ME.NTS.
We publi-h the following decision of the «n
--ioent jurist who jo name stands at the head of
this article. It is a masterly exposition of that
golden principle of law which declare* that ‘ a
man’s bouse ig big castle.” We admins the
course that the Judge h •-* pursued in this m it
ter, because there has arisen a great necessity
for an exainpie to be mideagainst illegal and
promiscuous iinpressment*. This derision es
tablishes the rigbrthe citi* n has for protection,
and we publish it for the information, guidance
and protection of those ort whom officials may
alt "Rip; unlawful impositions.
We would state in connection with this, that
Gan. Jobnatoa his declared that there it no
law which empowers Couledorate officers to
impress either negroes, or houses, or stores.—
this is right. The Confederate States are abun
dantly able to pay the citizen liberally for what
they take or use of his.
Here is the decision referred to. We find it
in the coluras of tin; Macon Confederate ;
Huu.vk vs J. M. Glints, Surgeon ; Col. D.
IV. Aikin, Gen. Cobb and Judge Nisbet
for the Government, and Cols and Joice,
contra.
The question raised in this case is a great
question—great in its resuonsibility, in its con
sequences, its public interest, and its applica
tion ty constitutional rights. In the view we
-hall take of it as judge*, we shall keep the laws
and the Con-titution eleatly and uudeviatingly
m view. We regard no duty more sacri .1 than
the preserration of the Constitution and laws
of the land We recognize no higher laws than
tin; Constitution and laws made in pursuance
th.-reorl. These ha - e been entrusted to us, and
these we must transmit unimpuiiwd to our suc
cessors and to posterity.
A great French statesman the venerab'e Pa
triarch Boyer Godard, on e utterthl this impres
*ive sentence, "constitutions are not tents erect
ed tor sleep ” 'liny were intended as edifices
‘built*by statesmanship, to+urvive the storms
•f war, the agitatio sos public sentimemt, and
remain enshrined in the sanctuary of the na
tion's heart, its honor and its laws. W« eon
cur in the patriotism and wisdom of this opin
ion, for if judges can change the Constitution
to meet the t-vigenccs of a paiticular case or
class of cases, than the I>w becomes flic play
thing ol official discretion, instead of remaining
a landmark and boundary for judicial unidance.
We can conceive of no greater evil to a nation
than the exercise of unlimited powers by any
of its administrative officers, civil or military.
We agree with Jefferson in th<*necessity of con
stitutional restraints upon all public servants
la meeting, then, the questions of tips case,
we iJiatl nut look to the hordsli'ps that grow
out of the proper and manly administration
ot the law of tip! laud. It may leave the sol
diers unprovided with shelter, or it may .turn
the private citisen with his property into the
slice's; with the consequences we have noth
ing to do. Wo should be unworthy the high
position we fill if matters like tins coukheon
tvol our juugenients, and the soldiur and the;
citffien would alike contemn the violation of ,
tljest sacred guarantees for life ami property i
which judges have sworn to protect There i
is no iuciilent iu tjha whole carper of Nopoloan |
more worthy of commendation than when he j
i-Biused to take the humble cornier's hut by t
foiee, and lett it to remain, in ins own l»u j
guise, a “tuointment ol his respect for the
laws of the land ”
file ease before us is the right of tb* court
to interfere by injunction to ri tain the surgeon
in charge if iiospttals ut tliis place, ami tha
colonel commandi'is the post, frosa hiking for
cibly the I'lanter’s hotel aud sloies adjoining,
for the purport' of a hospital We will not dis
cuss the right, for it ja admitted and sustained
by auihority that the courts nave Ihis pojyei , if
the seizure is not an act of urgent immediate
necessity, or if it is not plainly within tho di-«
iectio'l and oimraiio,; of the law.
The fuels ot the case make a dilfereut ques
tion ivs to the taking of the hotel and the seizure
of the stores.
It appeals from the bid and answer that
Home lx owner of the Hotel premises; that he
rented it to Murdock, and Murdock sublet it to
Hawkins, and Hawkins again sublet to the
quartermaster for hospital purpose*. Ja the
opinion of the court, the answer to the biil that
this SP'dctting by Hawkins to the Govern
ment was with the consent-of Murdock is di-,
veetly responsive to the bill, and meets the ob
jection urged by reason of the provisions of
our code against subletting without the consent
of the owner, and therefore Hawking, having
been in posessb'n with the knowledge of slump, i
and occupying the prynises. direeby over h s
head ior a considerable length of time, and be
ing iu possession at the time he leased to the
Government, and their being in possession of
Hie same under tbs i ase at the time of the fid
itig of this lull, we are of opinion tbatr the in
junction gran l ed in this case lie, and the same
is bureh'y, dismissed. The charge that a hos
pital is a nuisance not being, in onr opinion, j
sustained to the • xtent that demand equity in
terposition to prevent its establishment it be
ing a matter arising out oi tije manner of keep
ing-such hospital, and lospituls being necessa
ry to the protection of our sick and wounded
soldiers, we cannot enjoin their establishment.
It is not tne province of this coart to decide j
upoij the suitability or want of fitness ot places I
a-fleeted for hospital purposes, while we j
concur with toe i pinions of the very respccta- I
bla aqd intelligent witnesses eiuuiki -d in this i
ca-e. inid hospitals dowu in the centre of town
with heavy brick walls surrounding them,
wanting proper venu!s*’on, and the apqro* sit
ing warm weather, wiii render sub. 1 ! places .un
healthy and uncomfortable, compared with j
what hospitals on the hills surrounding the ■
town with free access of air. shade, water and
grounds for exercise, could to made. Stiil
over this subject we are not n ado the judges
and cannoi lie controlled by our private opin
ions or feelings iu the expression ot cur judg
ments.
The discretion of officers, no mat'er how
just and gentlemanly, cannot be substituted
in lieu of (be Constitution. The house mpant
by the Constitution, in the opinion of Judge
Lochrane. who writes this decision, is the house
or domicil, and there is no power, no law, no
necessity, no judge, no military officer, thnt
cvi. by torce, take the freeman’s castle and
thiofv him homeless into the streets, with his
family ancLhousehold goods, except it be nec
essary for the public dsiense-, or to avert a
great public danger. The establish'd hospit
als. though a great necessity, are is of the kind
or class embraced, and does n t come up to
that exigency where "sains populi ed suprema
lea." Such act would be not only unreasona
ble bnt oppressive, and the exercise of a pow
er claimed by no constitutional government,
and one which we think is within the control
of coiyts to prevent.
The power to take stores or public buildings
in pioper construction of law does exist in clr
cumstaoces which render the appropriation
necessary and subject to the rules and regura
tions. We will now proceed to lay down
when the necessity is actual and urgent. As
by illustration, if 500 or 1,000 wounded sol
diers are 1 inded in Macon and there is no bg
couun station p ovided for their shelter, this
court will not enjoin th>- quartennHster at this
post from iinpres.- > g stor- s or public buildings
tbr their immediate use in a case ofiucli actu
al and urgent necessity. While we are of opin
ion that the government, new in poss'ession of
U’ge s ores, and believe its goods could be
stored in its own huil l Dgs, and that the large
govei ament w >rks going up might possibly be
used for the purpose; and the control ol rail
roads, saw mills and other appliances might
be put in r q nisi lion t> establish hospitals,
without inconveniencing the public, still. over
■ heee questions we have co control; and must
leave the citisens to petition in case the gev
I eminent itself cou'd afford th« necessary ac
commodation and does not do»«.
j la such event, the eitieeo* who have large
I Vixes to pay are entitled to protection from
I the Government, and, while the tick and woun
ded must he sheltered, it. must not be over
looked that the merchant pays his heavy tax
es for this purpose in part, and should not be
thrown into the streets to make room for them
I out of hiss! :e. when the Government store
. may be used, and should be used lor the pur-
I pose. Tne issue of a battle has been long
| looked f if, but for tbc necessity the law r»-
: cogni*e is an actual and immediate n*ee«siry ;
!ad an anticipated necessity—and preparation
| may be made of cooking utensils, of beds,
I A'., aud aii held te ;dy for pe wneu thene
; actnad / takes the Govern
I mi nt 1 hicets do not make these prepvrationg,
and ?ii k and wounded soldiers Arrive in Ma
! con, the same nec. ssiry might be urged to take
die bed out cl a house, or his cooking utensils
j from his fur.iiiy to supply them. VTe ■ «.;
j that these things are easier for the Govsi*-
I mi nt to get than individuals ; with money,
1 aud tran-portation. and agent* *Tvry where, it
| must make provisions for the sick and wouud
i ed. It is a disgrace to put them on charity.
It is tbeir right that they should b« accom
j odated
1 The Government for which they have fought
owes it to them, and while courts will not is
sue injunctions to leave them ia the stree-s as
lung as the e are stores and public buildings
unoccunied by families to put them in, the
' Government must be responsible to thecitiaear
; for acts of I' noarraesßieut brought about
| through its rfegligeni'e, or that of its agent*,
[ in i ot making proper preparations for th*ir
accommodation. We do not design any re
fli'Ctioa upon trie dsfauit of officers, wittiest
being aware of the trouble in their way of ma
king preparation. We design simply to otter
ouv regri ts that the Government has not made
provision through its means for the purpose
for parties in stores and doing business, ar* en
titled to the gu ran tee of protection by th*
Government, if it exacts taxes at their hands
It is true the so! tier iu the field have suffered
much, while the citizen at home not liable to
'military service is paying, in part, the expen
ses of this war, which have occurred, and ii'loy
ally and obedience is to be expected upom the
part of the government, from him, itcsitainly
owes in return some thing better than turning
a man and his goods out of bis ow n house into
the streets. We therefore . orifur in the opia
ion that the Government can only, and should
only use houses impressed for temporary pur
wises, and if Macon is to have fi«iynan«nt hos
pitals established here, they should be erected,
purchased or obtained, and not maintained
u on tke ruin and bankruptcy of the «irisen,
ihe Government has done much, hut is com
petent, with its means and power, to do t hi* act
of justice to trie sick pud wounded soldier
Application should be ina ie at once to the
Government foi means to buhl hospitals at
place- where health and comfort and economy
could lie ittainm!, and the impressment of
houses should b“ made in view of these essen
tials, and not ihe mere convenience '>f the sur
geon or surgeons The opinion of the medi
cal officer as to fitness is necessary, bmt the se
lection is one with the di-cretion and manage
ment of the officer whose duty it iff to furnish
them. If. as appeals from the evidence, the
Government has a great many public stores in
Macon, the Government, in evacuating their
stores, should put up with inconvenience a*
weli us ttie private c tizen, whose very living,
in many cases, depends upon bis bu»ioe.-.s.
Government property * not more sacred than
ptiv Uo.property, and if private property mas;
not be weigh and in the discretion of the court
with the soldiers Comfort, we ssy emphatical
ly neither must the property of tho Govern
ment. The harness, leather, corn, &c ,of the
Qoveniaent, had better te moved to make
room for the soldiers than the citisstie' prop
eity. The one pays tax—the other doe* not;
; loss is nothing to the o:;r t is ruin to the
' other With these views fully concurred in by
j this court, we have to hope that the temper*
1 ry use will be no longer Lhau the available
i means of the Government will permit to erect
! hospitals, either in this city, or procure them
i iu some adjoining locality, where we believe
i pJjvsicitUiScau be obtained.
hut ’t l i-> |inv« which w* adjudge exist* Ip
one whiih we will not control it* legal and
proper ex' tcise iu cases ot actual and urgent
necessity, and ia regard to proper objects. As
we have been uppea ed to express our o unions
ip n gat'd to other buildings referred to by 'he
evidence with the view, as lias been expressed,
of obtaining the Judgement of this curt for
guidance. This appeal to us we lecogniie a*
proper and just, anil we will meet it in the
spirit ia which it has been asked, being well
satisfied that a strict, compliance with this law
and const)!.ll ted authorities is the only mode of
ke- ping the lovii'ty of the people, who expect
the;r sacrifices should establish sonethiug bet
ter for tin'll protection than whim, caprice or
unbridled power.
The female culiege has been alluded to,
We are, of opinion that the fact of the pro
fessois bavin,* their homes and families there,
renders it bevoud the power oi any parson to
throw them out forcibly. This institution be
ing used for the most important and vainable
public use, not only should not, but cannot be
taken without the eon-ent of the owners. Pri
vate residences, we have already held cannot
be taken No civilized government bus the
right or claims the power of pressing a man’s
home As the gn at Pitt once said of the
house of the Englishman,"‘‘He may be in tags
and his hut iu ruins, Hie winds of heaven may
enter there, but the Ki ig date not." The
home of a Georgian ought to he as sacred, and
it is. Charch- 3 are liable under the rule of ur
gent ncrt-'i- dry already laid down, but wo
would-deplore the calamity ot .closing the Itsg
plesof the living Go J. In this dark lippr of
our national troubles, when clouds, are tiinged
with five and the storm of desolation howls
around us, we wouid urge the propriety of
keeping open the churches and gathering the
people aroouud the alters.
In the application of these principles which
we have laid down thus clearly and emphati
cally, wo will be brief.
The stores st-iz and under the amended bill, we
hold that, the acted and immediate necessity
contemplated by the Constitution has not oc
cuntd. We agree with the gentleman, that
the necessity is likely soon to happen; that a
battls? vviii be fought over one hundred miles
lrmu here, we believe to be true. Huch im
pression has been existing for some three
weeks. Wc may be no nearer now than when
an absolute attack was expected a ; .’S}e time
ago. As we P nt the fight of taking the store
houses of the cltiaeue op the ground of urgent
necessity, and not under the laws of impress
mt-nt, which wc think dot* not jtjylv sj it, tv -
think the tact now existing, of we b* Us
at the time of the hearing, makes this a proper
case to retain the injuuction until a battle has
occurred, or until the sick and wounded sol
diers have been sent to this point from the
field, which facts we believe to be evidence ot
necessity sufficient, in terms ot the law, and
upon notice of which, offered to me, this injunc
tion will he dissolved. _ *
In concluding this decision. I will take oc
casion to say. that my friend, Judge Cochrartn,
who presided with me on the trial and the bene
fit of whose clear and legal ab.lity I had in the
consideration of it, fully concurs with me in
the opinion- expressed.
0. A. LOCHRANE.
Judge Superior Court, Ga.
FROM SOUTH AMERICA.
The Eio Janeiro correspondent of the Lon
don News of May 24 states that, the Brasiliaa
tribunals decided that the'sale of the New Or
leans vessels to the house of Phipps, Brothers
i Co s, on the breaking out of the American
war. was a legal one. The Fanny Crenshaw,
now the Grade, hoisting English colors, left
Rio a few days a terwards and proceeded on
her voyage to Liverpool. The Yankee Minis
ter, General James Watson Webb, had notified
ike English Consul that if the vessels attempt
ed to sail out of the port that the Onward.*
Yanke corvette, then in harbor, h'd positive
order* to take or sink them The Curlew then
had orders from Captain Crawforl. the English
senior officer here, to escort the Grade eut of
ihe harbor, ai i protect her. if necessary.
Ihe three vessels sailed on the same day, and
there was snipe excitement on Change, as
it was thought not improbable tli t some col
lision migoc occur. The Onward and the Cur
lew, b wever, came in on the next evening,
and the Gracia went on her way rejoicing
; General Webb is extremely iraG with the Bra-
I g-iian Government tor allowing the vessel to
j go out! •
j Tfia vcHow fev,- i .-j, t -i*»q our araemg the
Yankees at the For' cine nth Navy Yard,
t Hca. Jonah Quincy died in Boston, Jtly t,
FROM SHtRMA ’eSKRAH.
A c cout who tra* for some time baen in the
| rear of Sherman’s army, furnishes the annexed*
mew concerniop pnariers in that section:
In the track of army, our people
1 are ruined. Every thing iither taken cr des
troyed. The people of Gordon county have
suffered las* lhau any county ia Snsrman s
tear, through which h * lin* run*.
The crops hi that section of country are lino
The people generally have s»Ved their wheat
and ry*. Murray county is suffering mom than
any county in Sb--rman‘s rear. The Yankee*
do not venture out Irma their garrisons far.
Thom are three “Uuion Homo Guard Com
panies.” made up of our deserters aud tones,
from Whitfield and Murray counties, Ga., aud
from Bradley and Polk counties, Tennwsee.
These cotnpaaiis are injuring our people
more than the Yankee*. These companies are
commands! by Gapt* Rains, Hendrick* and
Woody. The two former are residents of Mur
ray county, G* . and the letter es Bradley, '
T*n*«sse*.
Whil* we were last in the rear our rcou‘B
and raider* captured and burned eight ot the
enemy’s trains bdweeu Ringgold and Resaca.
Ou the 27th lilt, four of our party encoun
tered thirty of tiie 3d Kentucky Cavalry and
drov* them back three miles to their main
body. Thi* w,«- ia Murray county, about 10
o’clock p. *t. V ‘entiie regiment w*sthrown
into line ot l»U».H#u.-thus rumaißixi until fun
riee ou tho morning of the 28th. In the mean
time our little party flanked them mid went
near tho Railroad that night. None f the
four were hurt. We wounded several of the 3n
Kentucky, and onr information is that at least
one wa* fatally w- unded. They halted us and
rit-raanded who we were; we asked them who
they were, aud they said "friends"'—wo asked,
“friends to whom”? They replied with a vol
ley at us. We replied with repeaters, and gave
the order for an imaginary command to Come
up, and gav* command ‘ charge them, boys,
charge them!” Thu* ended the first lesson.
In the last days of June two of our body
went to Dalton and had succeeded in getting
ten miles on their way hack, and were cuptur
ed. E. H. Edwards, one of the two, whs to be
hung in Dal ten on the 4th inst.
Ou the 4th of July, thr«eof our party, Thos.
A Jackson, Mortimer Peoples and Thomas
I’eopie*. made aseout into Murray. Two slept
whilst one kept watch: The sentinel went to
* spring and was thei * cap ured and disarimd
by eleven of C»pt. Woody’s men who were
piloted by an old citizen tory, who knew their
whereabouts. Thomas Peoples was the cap
iu>-*d sentinel. They m*de him conduct them
to where the two slept. He made all the noise
be could without attracting the attention of
Woody’* me*.
But wm a out soldier*, after loosing much,
■leap soundly. Approaching within ten
step* of the sleepers, they yelled out, “sur
render! surrender!’’ and turned loose a volley
without wailing for a reply. The first fi, e
killed Mortim r Peoples, aud cut a bush to
pisces within four inches of Jackson's head,
Jackson rofce shooting, with the declaration
that ne never suviendered. Jackson had a
Sharp’s rifle aud two repeater*. He also had
M P*optes’ »hot guu aud two repeaters. He
fi-»t used Ike gun* and then the repeater*. Af
r*r the fight opened, Thos. Peoples, the prig
on«r, commence ! (fnand <ob* dfight wi k k.*m,
aud the twe succeeded in and ispersing the eleven
—two severely wounded. The two took
charge of their dying comrade and carried him
to a hoqs*. fjo died in ftbout four hours.
The two survivor* reported back to the com
pany.
The pompnny on tb* negt day, consisting
of twenty three men, arrived near the same
place, und hslted to feed and rest. In the
meantime. Thos. A. Jackson fttsd thrap Texas
soldier*, where sent out to learn tho enemy's
whereabout*. Passing through an open field,
they enter*! ft strip of woods. Captain Woody,
with thirty-one m-rii, were in ambush awaiting
for them, and surrounding them, closed u,i on
them and opened fire Our four boys stood
their ground and repulsed eight or ten charge*.
W* killed three on the field and wounded six.
Among *heir killed wag a lieutenant Logan.
He was a private in the 4th Georgia Battalion,
aud then a sergeant in the IjQth Georgia Kerri
meiit. He fought bravely under Stonewall
Jackson, and a few months ago deserted and
was elected lieutenant in Captain Woody’s
company. Jackson was a lieutenant in the 4th
Jeorgta and knew Logan well and esteemed
him as a first class soldier. It was Logan’s mis
fortune to be killed by his old comrade. Our
f our drove the thirty one from the field and ran
them to Spring place, shire town of Murray, to
which place our boys numbering twenty-three
pursued them. Jackson received several shots.
by,t none were serious,
Captain Woody and men haring entered
Spring Place, dismounted and were very leis
urely getfing water. Our men charged them
successfully, killing fi and wounding 12 or 15
more. There was scarcely a man of them
• scaped unhurt. We captured over twenty
horses with their equipments and about the
same number of guns. We had only one man
hurt. J. P. Hawkins was hit six times, each
shot being a serious one, but fortunately none
dangerous. We got a buggy for our wounded
brother and retired to the mountains with our
booty. Onr friends in the rear of Sherman
are more hopeful than we find them in John
ston's rear.
The fi.noxvilla Register contains the annexed
news from within the Yankee lines :
It has been announced tiy the Federal Com
mander in Rome, Ga., that oa the 18th of July
books and papers will be ready for the record
of oaths of allegiance to the Federal Govern
ment.
After reasonable time ha* elapsed, those
who do not avail themselves of fhis 'precious
privilege will be sent out of their lines and
their property confiscated.
In the regions not far South of Rome, guer
rilla warfare has been going on with fierce fa
tality, »© far as negroes and tories are con
cerned.
On both sides of the Ciosa river, some ten
miles below the cily, the woods and fields
bordering on the highways are decorated with
black mortality lying here and there a prey
to the worms who feed upon death. In a
single day not less than seventy of these delud
ed beings were killed while escaping from
their owners in North Eastern Alabama. The
atmosphere, in many places, is tainted with
the odor of their decaying corpses, aid all this
is justly chargeable beforo high heaven to the
murderous philanthropy of the Yankee s ition
Many of the tories in that countiy me also
reaping thair just reward. Not ■ f PV v have
neen found in the secluded hy-vyay.. dangling
their pitiful carcasses from swing ng limbs, and
such is the fear of the survivors, that they have
nearly all taken shelter in safer places.
We are well informed that a Tank-e officer,
who had recently retired from official position
in Rome, made special request of h's comrades
that they should not maltreat hts personal
friends in that city. He declared thdm io be
good Lnion men, whose real sentiments had
long been smothered by secession tyranny
Among the numb-r of those for whom he ask
ed spe, ial favor were Mr. Stewart, (late of At
lanta,) Mr. Langworth Cutter, Palmer, Mason,
Camp, Strand and others.
For some imagined offense the Yankees burnt
the Rev. Mr. Kaufman's stable, and his only
cow was consumed in the flame*.
Three attempts have been made to burn Mr.
Norton's dwelling, notwithstanding he has
two Yankee olfi'er# boarding with him.
The residents of Rome have great difficulty
In procuring wood enough for cooking purposes
At a recent raid of the enemy towards Cedar
Town Mr. Dalton Burge was killed while
standing in his own yard.
FROM SOUTH CAROLINA.
Recent intelligence from Newbern state* that
the raid into Onslow county Tesulted badlv
for the Yankees. It appears that they got
separated and came together unexpectedly,
when, each taking the other for an enemy,
they fired into each other, killing an Oideriy
*ergeant and two or three privates, and woun
ding many others.
It is univei sally acknowledged l>y the Yan
kees at Newbern tfat a failure oi Grant to
whip Lee must put an end to the war, and
none believe that he wilt succeed. The force
at Newbern is now very email, composed o'
only enough men to gtrrisua the farts, with a
s nail number of cavalry to send out occasion
ally and keep up a show of strength.
The Yankee* si'll continue to destroy prop
•rtf « J*»*i rirtr and vimmty.
VOL. LXXVIII. —NEW SERIES VOL. XXViIJ. NIL 30.
riliii ALABAMA AY t KEAuS itih FILM!
The Yankee papers are stii! fail of accounts
of the tight bei ween the Koarsage and the A1
iibam i. Move has been published about ii
than about auj land battle since the opening of
the war. The Yankees attempted to deny that
the' Kenrsage was chain plated over ini
boilers; but, unfottunate'y for that lie. Cap*.l 11
Winston himself, in a letter to the Lena m
News, tulmri.s the fact, and the fur!k“r fact tha'
the plating was concealed by plank, though this
he says was done to k-ep out the dirt. A
Cherbourg correspondent of the New York Her
ald. who h is visited tne hospitals-and conversed
with the Confederate aad Federal wounded,
sends that papsr the folio wing—
acoorm or tub near from a sailor ox tuk
ALABAMA.
We came to Cherbourg from Cape Town to
be paid off aud for the purpose o; making re
pairs. The greater part ot our copper was off
the bottom. Oar boiiers were in a very leaky
state. We bad received permission te go in
to dock to repair, when we heard that the Kei
sage was outside. We came in hero ship rig -
ged, and so disguised that had we met 'he Kei
sage outside we intended 10 take her by sur
prise. We fully expected having a tight with
b«r. As soon as we saw her outside Ca'pt.
Setnmes ordered the t.fter yards to bo seal
down and the vessel lurn and mto be: usual rig
as a bask. This was immediately clone, tie
sent ashore at. the same tune tor perm l a«■
to coal, and intended to go outsi ie <tn ( com
mence the fight with 11. 1 le-. v. We com
menced coaling in media t • y. and were oecu
pied three or four days in this. We unis ie 1
coaling on Satmd >y afternoon the 131,11. ('apt.
Semihes then prepared to go out tne ne.\ t d;i, .
We went to general quarters twice while in
port.,'as a general drill, aud the ship was
put, in fighting order. About nne o’clock on
the morning of Sunday we weighed anchor and
stood outside. Aflev getting clear of the break
water we cast loose our sailboard battery and
ran out the guns load and for action. The ol
der was then -passed for all li uds to lay aft.
Captain Semines handed the clerk a written
paper, which was read us. The sub-tanceof ii
Wiis that we we.e going into actio ; -that mi
were to fight in the English Channel,' the seat
of so m my important naval en.ageiiienta, and
tecalled the acts that we ha ! already perfotm
ed ; said the eyes of all Europe were upou ns,
and that he expected every man to do his duty.
The men were enihusiastic, and cheered consid
erably The men bad no idea but 1 hat they
would gain the victory, and an easy one. tin-,
crew fully expected from the beginning that
they would be led by Capt. Semmes close along
side the ICearsarge, so as to commence the ac
tion at c.ose quarters and finish by bonding
her. it was expected that Semmes wouiii lead
ihe- boarders in person; tor though we had as
tine a crew as any ship afloat, yet we had not
a single competent gunner on board, excepting
the captain of the lorward pivot, a hundred
pound rifle gun. He was an old English man ol
war mail, trained in the British navy. The cap
tains of the other guns were not competent
gunners, though brave men. We came iu sight
of the Kearsage, and she steamed towards us
We closed as rapidly a* possible. The Ben
were all tying down at their guns, smoking
and jesting, the order having been passed to
make ourselves as comfortable as possible and
reserve out strength till tlie commencement
of the action. VYhen the Kears igo was within
about one thousand five bundled yards of ns
we opened fise. each gun tiring as soon as it
was pointed and properly elevated. We Tied
three broads ties before the .Kearsage returned
a shot. Ike tirsi shell she sent came through
near the forward rifle port, at wb ch I was sta
tioned. It oau-ed many splinters, and struck
a man at our gun. He leaped away with iris
leg smashed, and another in.a. at the next gun
fell dead. The shell caught our slide rack, and
I think ihe man whs killed by one. of onr own
shot, which was thrown against him by the
shell of Ihe Kearsage.
■ /k 0 became continual on both
in g at jbast two shots to their one-
we fired shells almost altogether. But a few
solid shots were lived. At sue alter pivot gun,
shortly alter, two or three men were cut l igiit
iu two, besides otheis being wounded. Then
the ciew of our after gnus were ordered by
Semmes to fill up the vacancy at the pivot gun,
whica was the second gun from the stern ; we
were consequently then only lighting six guns.
For some Mute after there was very little uutri
age done \\ the Kjearsage’s guns, their eleva
tion belug rather high, tne shots passing over,
and though not i jilting onr hull, greatly
damaging our spars. About twenty minutes
after the commencement of too action the span
ker gaff, on which our eoloia was set, was shot
away and the colors thus brought down nearly
to the deck, the spar hanging and the colors
hanging about twenty fbet from the deck, the
colors still remaining in s gilt.
About the same time our forward pivot gun
gent two well-directed shells, oneof which struck
the chains which protected the IC.-arsage’s boil
ers, penetrating the chain but doing no such
damage as was expected. We suppose then
that her engines were knocked to peices, and
teat the Kearsage would soon go do vn - We
gave three cheers. Ttiis shell was filed from
our hundred pound forward rifle pivot, an,l
would certainly have penetrated the chain an 1
entirely disabled the Kearsage had qui- powder
be<m good, as this gim would have carried the
shell apd taken effict at live miles wijh dry
powder. Our powder had been a long time on
borrd, amt was dampened. The night before
the action we threw seven barrels of damaged
powder overboard, aud had lrequentiy thrown
powder over.
Ihe next shell we scut struck the sternpost
of the Kearsage without exploding. Had this
exploded the Kearsage would have been blown
to pieces. At this time we had received no
serious damage This was about half an hour
after the- tiguc commute..al. After that the
shooting on our pari became worse, and that
of the Keatsag s better. Oar gnus were too
much elevated, aud shot over tne Kearsage
The men alt fought well; hut the gunners did
uot know how to point aud elevate the guns.
Capt. Semmes, during all this time, wag stand
ing just forward of the forward rigging, with
an opera glass in his hand, and leaning over
the r ill. The gunners were left to themves
to fight the guns, and no particular O'di-rs
were given to the gunners duiin jthe fight.
C ipt. fiemmes directed the maneuvering the
ship.
The sheilman bel»nging to our gun was cut
right in two by one of tho Kear& ige’s shots
wdiie he was bringing a shell to our gun. Mis
name was James Hart He was blown »il to
pieces, and nothing was touud of him which
could be recognized except tne collar of his
shirt. Several men weie wounded and car
ried h«jo'W. The first eeiiuus disaster we met
with was from a s jell which carried awry ou*
iudder. About the same time more shell came
into our coal bunk -rs and. penetrated .he
boilers, patting out the fires and curyir.g seve
ial of tire firemen under the coal. Some were
killed, and others dug out alive. Toe vease 1
was filled with smoke and steam. All our
power ot movement then was over.
"The Kearsage then gradually began to
round on <>ur port quarter.. When she reached
this position the older was given to lie down,
as we expected lo be raked fore and ait. A
iew minutes the sail trimmer was Called away
to loose the fore trysails and head sail, so tua’
abo could not bo aieered. Eire was the i stand
log into ehore. We then considered our .v.s
done for, as the Alabama was rapidly selling.
Ido not'"think her screw w.m dam -mi. The
Kearsage kept up a contin i *.i- * upon otn
port side, ami we shifted over our gun* to that
side. Our men were then very fai. med an ,
many disable ! and wounded. We suit bred a*
well as possible rout the por‘ - vie, though w--
knew the day was lost. When the head -an
were loosed the loader of our , ,vot cun, John
Roberts, a young Welshman, while e« ge iin
the work, had the lower pirt ot ids uoay cut
open, which can* 1 hisent'ials to protrude. —
With his etitrai banging out lie walked lo
wards h.«guti and fill deal or the' dele with
out uttering a word- Mr. AnderoOU. a
sinpman, BtatioueJ in the utter div -n. w a
knocked overboard, his leg. Which was hot od.
reiaaiued on board He was from savannah,
ano was a sou of -Vl ijor Aniiei s in.
Caps. Semqjes'about trie time time was
wounded in the hand by a splinter, lie tied hi*
handkerchief round his hand, but never left Lis
poit.
The deed, of whom there were about eight,
ja id the wound.l, numbering, perhaps twelve,
i instead of lu n g carried below, v, re iy rg
about ihe d.ck T• e earn ige was awful, so ne
<> the men being literally cut to pieces. Th re
iv is much con usii u-on boatd, tb u-n notbi »g
like a panic, except ou tu part of cue o two,
who w I One a . oung Pm -
■'iau, stationed at a gun, having ruu below and
-tated io the doctor that ho was WoUadml, and
was otri< ied 1 ;i deck, lie int being wuuuded,
and w •simtuediutciy snot in ihe bal k by an old
na-i named ilicks, an English scautau. Ivuo had
lieen 1 ng iu ihe EilglU!: navy, it - shot him
with his revolver. He died so 11 afterwards.
Our first lieutenant. Mi Kell, seeing m- bat
tle was t<-s t, van 10 Si mine- aud told 1 i;n he
must strike the colors, ..s tire vessel was siak
ing last. Semmes merely ropli and, “liyto g t
1 little more headway ou her.'’ a .tl to Ihe last
would n,.t order the colors to be -truck. Ihe
color halliards about this time were shot
away, and lot- colors led to the deck. The re
curt was circulated lore and aft that they were
down, aud for a mom-lit Ihe Kcafgage t eased
tiling. When our men saw our colors were
down they were euinged, and most of them
mined around to their officers. S-v
--,-ral of them ran aft to Captain ifieimues with
drawn cutlassses.
One ot them tol l him that if he did not im
meiiateiy hoist the colors, he wou’d cut him
down. At the same time Mr. tejciuir. the
fourth lieuter.au t, poiukxi •» tevoivor at tas
mail’s head to shoot’him dead in ease he made
an attack on tin Capiam.
Cap.. Soman s was per ectly coo’, and did not
even draw his swoid. lie said Le admired
the courage of the men, but ibe colors were
down, tl.e viisel was s'.uk.ng, and iio did u>t
wish that any more lives should be lost. It
was tor their own benefit that- lie refused to
raise the colors. As soon as the colors were
shot away. By tile older of Mr. Kei.l a white
II ig was held up as a signal of surrender. A
man jumped up on the spanker boom and
held it un ihe beat way he couid iu his hands
This caused the 1 ifie rs‘of the Kaianare to
imagine That- it w ’* wa* one of our men still
nersisiing iu holding up tbeC .-uiedcrate fi ig
They continued firing.' and poured at 1- asl
three boudsidi* iuso us af . r the white 11 ig
whs k 'J up. We ha ! a’.so ai this tima a lea
gun fin and iu token of surrender, but seeing the
Kears,me ?siillTii ii g on u« the noid wa.- pa.-s-.-h
along the deck inung us, “there’s no quai ! er
for us.” Sbmo of our guns were then fired
eg lin, partieuiarly our fmemost thiity-two,
wiiile the men were cutting awiy the boats.
Oipt. iSciumrK give orders for tlie wounded to
Ire put in ihe b atsas quickly as po.-sible and
taken away, refusiug everything in tiie sh p,-
of a boat himself. The men were to be tah< n 11
the Yacht Deethound if possible, if not. to
the lien-age. At lies time the w rdroom was
full of water, and tan -ii p rapid,y seining -
The chiel engineer did rmt leave tho engine
room ’till ho was up to his waist. In water. While
the men were cutting away the boats and put
ti"g in the wounded, Captain Heinm.-s walked
down into his cabin without saying a word,
dis cabin was then partly fi ied with! waver.
Two of our boats pulled olf, carrying the
w mailed—the Kearsago hiving ceased Bring
the remainder of our bottls (we had s.xj being
till s'-ri-ifisly dam -god. (Wt-f these boat's
. took *bo wmtiideri'c!! hoard the Kear.-ege, ou
which she left them, And then receiving per
mission to go and pick up more drowning and
wounded m u. inst. ad oi doing siripulled off to
the yacht. Kris nr-.y not have been exactly
right: but we were justified iu anything after
the Kearsage had firetTlhree broadsides at, ns
arier our colors were down i was ordered
down by the First -Lieutenant to envy the
wounded, and went away to the K ■ ,11 su ,h J a
that boat were a lew vvouufied men; Mr How
ell, nominally occupy log the rank of captain ,f
marines (we had n marines on boaid;) Mr.
VYilaon, third Lieutenant; Mr. Builoek, master,
and a ievv others. This boat went to the Kear
sage. • *
The Alabama at this time was just going
down and Mr., ikeli passed the order for the
‘men to saye ttmmscive-, if they could The
gre-rier part of them iumpccl overliof.i 1. Among
them was fir. Llewellyn, our assi -turn.suv cn.
He was an Eng ishtuan, and had h ng been ..11
tlie siik list wririi a sore leg, consequently not
depending upou his swimming powers, he had
lushed him..u’f to a box; but. the box turned,
and putting him und. !, he was drowned.
Mr. Robinson, the carpenter, seeing that (he
fight, was tost drew a revolver and stint irim.-
self through the breast. He was afterwards
picked up in the water Ivy one of the Koa>--
sage’s boats, and died soon alter arriving on
boaid. This malic* three officers who were
lost.
Capt. Semmes secured what papers lie liad
not already sent a.-Imre, and coming up from
hise -.bin, came on deck a.-i the vessel was just
sinking aud was advised by a man named
Mars to pull off hi -coat and uniform cap, so
'that he would not be recogtrze.l, find fasten
himself to two life buoys. After asking the
man how tmst to use Iho life buoys, lie went
overboard with them, with bis capon, hut
turned inside cut, striking out towards tlm
yacht, atul.in an oppovde direction from the
Kvarss’ge, bis determination not to.be taken
being PI-O'-* ;• by his giving bis papers to Mars,
with orders to Mars to save himself and the
pipers an-.: :> d< liver them to the first Cons ;•!«-
rate auth rily that he should encounter. The
principal prpeis and the chronometers bud
been.sent off the night before The pap.-rs
giyeu to Mars, were dispatches ft out the Con
ieder ie Government and the ship’s accounts.
Mara, on swimming toward Hie yacht,-was cut
off by a bout from the Kearsage, and was
taken in. He had the paper.' in his shirt, and
while pulling bp.fi iu he said to the officer io
command of the boat that lie shou.d like an
other swim, mid leaped back into the water,
life same, man Mar* had already saved the
lives of lwomen who had fallen overboard on
our passage here, and-v. as a bold and determin
ed'm-tn. He was pick -d up by a French pilot
boat and brought on shore, and delivered the
papers to Captain Sinclair. Captain Ketnmes
was picked up by one of the yacht s boats. .
Ou board the Kearsage the crew were voiy
and spirited because they had not taken either
Sernuies or the Alabama Capt. Semmes had
never told us that we would be badly treated
if taken prisoners o;,pt, Winslow came lor
wardjimoug us andgr.v-j us dry clothing and
gave orders to treat us with every possible kind
ness. .
When we came to anchor we were called aft
and paroled. We proud- id not to serve n u:iy
manner against the interest of the United
States until honorably exchanged as piiso.T-rs
ol war. We then were sent on shore. We
went to M. Ronadls, the Gonfederate agent, and
he sent us to b mi-ding le uses. We saw Capt.
Sinclair, a Confederate officer who had'come
from tetris and who i< acting in pi tee of Capt.
• Semmetj.
CAPTAIN SEMAKS’ REPORT.
Mft. Jl,' ONTO Tin; ’.OX*DON Ti'tES.
To the Editor of the Luiklor Tim -.
S'r —Is ud h'-i wi'h sx copy of toe cfficia
report of Cn.pt. Scinm of his Into c.ngagsmce
w‘h-tlio UniicA >* -it.* ship Ken-shge, whici
you m*y perhaps think worthy h placeinyotn
.columns.
I avail myself of the occasion to note one oi
two inaie •raciu*in ihe ieiicrof yoni correspon
dent, dated at Honthahiptnn on-Monday, «n<
pubiished in the Times of Tuesday. The crev
of tire Alabama is there stated at one hun Irci
and fifty men; she had, in tact, bat one bun
dred and twenty*, old told.
Again, as to her armament ; that (fill.
Kearsage may be correctly given by* your coi
respendeuh Ido not know what it w is. T«u
Alabama had one seven inch Blakely rifle,
gun. one eight-inch smooth bor .* pivot g,n
and six thirty-two pounders, smootT bore, i;
bioadside. I am, sir,.very itspectfaliy, you;
obedient servant.
J. M. Mas er
No. 24 Upper Seymour Street, June 22. 1804.
CAM. HKHMKfi TO MR. MASON.
Southampton, Jim - 21, 18Gf.
S — T have the honor to in era. v*u tin
in co dance with ray intent i, ai ir. viou
ly amounted to you, 1 steam ’ out of the-1 nr
bar of Cfi vbourg betweenni -.■•vi I *eao’
on the morning of the l'Jti ot Jim,.- forth
pumo-e, of engaging the
Ke*rsage, which had been lying off a 1 t
the port for. several days’ pre *:’•» -ly. A ■
blear ng the harbor wo and .1 ho’-er. n
w'th h s head offshore, at ad sUuc *.f '
seven miles. We were ..Uree-qn >:*.•>« of i
I hour in coming up with dm. lit id previor
!ly pivoted my guns to dii board, and mad
| all my preparations r engaging the ein-m.
on that side. Wbvu it tin aht at a mile an
a no',- -f .o'l'iylie su d-nly wheeled,
and bringing hi?in a- 1 in shore., presented hi*
to and Outcry to me. By tii.s time we were
• ! i taut about one mile from e ich other, when
10, cued on ban with solid shot, to which it*
reptio , iu u few minutes, and the engagement
h- • •! .• active on both sides.
The 01 ui\ now pressed his strip under af> 11
bead of steam, and to proven tour p issing 1 aeh
other too sp,,diiy. and to keep ou respective
broadsides b. ariiig. it became necessary to fight
in a circle, -th- tw > strips steaming around *
common centre, and preserving ihe and static*
from eo h odier of fiom a quarter to half a
mile. When we got within good shell r*ag»
we opened noon him with shed. Some ten or
fi t.-cu minutes after the commencement of the
a turn, onr spanker gaff was shot away, and our
ensign catne down by ihe run. This was tm
me 1 lately rep: .cid oy another at the iniuea
mas.head file ti iug now became' very hot,
and ihe enemy s shot and shell soon began to
. u P on <>ur hull, knocking down, killing and
uisihriag a number of men iu d.fferant part* of
the ship
I ere,riving that our shell, though apparently .
expinilirg against, trie enemy sides, were doing
Inin hut little damage, I returned to solid shot
h■ 11 1 g, and from this onward ullernaiad with
shot and shell.
Alter the lapse of about one hour and tan
ranuries, our ship was ascertained to be in a
sulking condition, the enemy’s shell having ex
j>; e-d ui our sides and i.etween decks, opea-
U'g .urge 1 per: ii re , through which the Watef'
lushed with great rapi hty.
For some few mmules I had hopes of Irelng
■ u>,e M re; ch the F reneh coast, tor which pur
pos- 1 gave tue snip all steam, and set such of
l»"l,>re and alt sails us were available. Tho
? a, f 111 'f* 80 rapidly, however, that b fore wo
Ul . nl l ’. mueh progress the tires were extin*
guts ied in tlie iurnaces, an<i we were eviden ly
on the point of sinking. I now hauled down
ivy c -ion, to pr vent the further and struction of
Ire, am- dis, iiti:li. i! a boat to inform tho ene
my ol ouv condition.
A rimugh wo were now but four hundred
yards ,roin each other, tho enemy fired uikk
mi; nv.t times alter my colors had ben stru,k
Il is Charitable to Mipp. se that a ship ai war"
ol 11 Ghustion nation could not have done this
int< ntion illy. lum
We now turned all our exertions towards
savin , he wounded and such of the boys of
the slop who w»ro unable to swim. Issi-go
veie <lt-patc ed m my quarter boats, the only
Ooahs , emaining to me—the waist boats hay
is been torn to pieces.
Some twenty minute" after my f<- rnn „ n
had been extingished, and tl„ : ? C ° flrea
1,,-say;
cieVi'inup U ” , Jl ' ' n! ’ k ! h "d befn friveu the
• 1 . overbold aud endeavor ed to
hAVi} -iraself.
There wis no appearance of any boat com
ing to m • from til- enemy after inv ship went
down. F’ortunately,'however, tlie steam v. eht
1 > . t liound, owned by a gentleman of L ine is
shire. England, M, . John i. u,caster, who wa*
Iriniseil ou board, steamed up iu the midst of my
drowning men and rescued a number of
both ofti, ei{i and men from the water 1 was
fortunate enough myself thus to escape to the
shelter of the neutral flag, together with
about forty other-', all Grid.
About ibis time the Kearsago sent one,, and
then, ta.dily, another.
.Accompanying yon will (Ed list* of the
killed and wounded, and of ibose who were
picked up by the D ei hound; Ihe l’, in,under,
there is reasonty'hopu, were picked up tlie by
enemy and by a couple ol French pMot 1 oats,
which were aiso fortunately near tho scene of
action.
At il:e end of the engagement it was dis-
COci-Psri t,v tl'wiprt nl fin,’ nfficdrn wli,, wpn|
alongside the enemy's ship with the wounded
that her mid hin* section ou noth side was
'boron hly ir»n coated; this having been done
wit i oh tin constiacted tor the purpose, placed
petpundicu'arly from this rail to the water’*
"hie. tiie whole covered overby a thin oiffer
p! inking, which gave no indication oI armor
beneath.
This planking had been ripped off in every
direction by ourshot and shell, t he chain broken
mid indented in many places, and forced „ r t|y
in'o the ship’s sides. Bbe was most effectually
guarded, however, in this section from p, ne
tration. Tne epemy was much damaged in
other parts, but to what extent it is now :m
--piissibit! to tell; it is believed he was bt.dly
Crippled. *
My ofii- ers and .men behaved steadily and
gallantly, and though they have lost their ship
they have not honor.
Where at', behaved so w rit it would be invl
duo is ,o particularize, but I cannot oeny tny
seif the pleasure f saying that Mr. Kell, my
that lieutenant, deserves great credit for tha
flue condition in which (he stop went into ac
tum Arid) regard to her battery, magazine and
shell rooms, and Goat he rende.ed tho greatest
a-sHtauce by hi- coolness and judgment a*
the fight proceeded.
The enemy w s heavier than myself, both In
ship, battery and crew; hut I did not k -<
until after tho action was over that she was
iron clad
Our total loss in killed and wounded is Ibirfy,
to wit: Nine killed and tweutyume wounded,
I have the hc.n.ir iff lie, veiv
your obedient servant, R. Sbmmes,
Captain.
Kuo.li .•llselmll’l'l.
The Yankees during their late raid to Jack
s')!!, were evidently apprised it finding troops
“ ' oufroat ih-.-m. They di i not have time to
b j fc, ov the railroad nor even the telegraph
fine The onlv damage we hear of is the burn
ing ol the - temporary br dge that was being
throws over Pearl river tor railroad purposes.
V!-. F Miery. tin bdegraph superintend -nt, re
al lined in Jackson until the enemy was with
in a couple of miles of town. He then took'
his ill u-HiiSßt and crossed to Ihe west bank of
the river, -.there he tcinained, '-• mi auuioai'ng
with our aii'horiiies, unlii the enemy left Jack
yon. A few hours after (heir departure uie
jine was open to the cily again, bo much ior
energy and vigilance.
b iveral pei -oris in Jackson-Miss., have been
bitten .by mad dogs.
G : v. flu - ■ has i/ ued his proclamation, or
-1 log the L -gi-i itere of IlissWippi to convene
at M icon, Noxubee county, on day
> f August next.
Avery si-nfficant fact is fiy {|
Vicksburg raiders returmng without doing
my damage to bid res and railroads. They
evidently teaied iha- bmitn '.voaid take Vicks
i'urg, or rut them off
Mi j Moilie Howard, of Flower Place, Smith
county, Mi « , wove twenty-two yards of cloth
a 3 day luieiy, with a common shuttle. Such
- lustry iu young ladies is highly commend*-
ole.
I he Mississippi steamer Progress was recent
ly de.-tr oy.d by tire a few miles below Natolio*.
sii. laden with cotton, nearly all of whiok
vas entirely consumed
Fits < ilnX.Cll
Tin; Franco-M. xio.n p..-r, L» TNtafette,of
>!-. -tic"; ■:! y. * s Llrat atln-A d-i'es Djbl&do was
i fl rnt by the **iuie route 1,-.* pursued when
e .ding Id* cxp-dHon ag uur.t .Metaizu.ila Ho
••--'hi-d on to Salndo. wic-. he found Negrete,
! md ole lined lioin him a reiuforc«tneat oi eight
tundre-j men and twelve p*eods of artlllt-rv,
o-oeral Douuy, in his dispicch to the Prelect
>r Guadalt i-ua, about thy, ba'tle of Nochistlan,
a/s : “We inn. Its hAi asstlalf, and after anaul
- toil re i-: n- 1; by the et.eaiy, took the po
i’ion. Wo kided two hundred, took four c.«-
tis P.Virt a q'uortity of arms and ammuuiton.
be i•et of i.- enemy’s forces surrendered.-
> .r lo is ft-:;,, four 1; lied and twenty wounded.'’
;'he Pajaro Verde says that there can be no
! nbt of the submission of General Urags com
n m ling the Juarist aimy corps of Jalisco,
l.mrt zt. s still at .“ outcry. The son ol
f iv. V:d tin ri was in the fi dd.with some pro*
.: c- rni'itig a formld.ib e force. A revoln
i ' w;s iir. pared nt Saltillo; but General Ne -
arrested the le.idecs and had a couple of
tie in shot.
FROM FUOHHIA.
\. ct. or t- time since S.UI) In-gro troops frrsa
; U*H»s on the
•a imof Sira. J'b *i n. ;n.»t piaot She aid
n i’e-* ai -1 o iufoem ihe comnaander of
~ e oatr.-'gi'S Shi was killel on
v,- v bv :o“ m*. ;*> . aid ”M Her neice was
. i.'i ~f[ ip-1 **as not «;•!•* been hear of
Yank-.'-'S have about three hundred oa*
ilr; „n th-s east side of the St John's river,
Fi ty negroesc m-.niM'led by a Yankee m >d«
ia;d into L.-vy coimtv. » f -"* -'ay* site*,
hoy were driven back by our hoofU