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BY N. S. MORSE & CO. <£>linmic!c & o I RMS. f)IK WBR3U .V OIiIOMCLC * SBJITISBIi (rr ; gvoui wat>x m-.it.m thufh movtii* <M «• mxtfuA..* •*»«<* ALW A YS IN ADVAXCI. WttEALT AHVEBTISIVO RATE*. ) i muit »afr-.iw»»t» pui''..tnfi il tht W»*kl/Wf We** »<'««»*■•« ••.t '.n. j (J „ ay 3- a ■MRt'ol. t * Ait’ A*«T,T)i»ATT»Ya<! Vaira» • l Jf ©ric*i one doll*? «ac o«rrr\Kr * rirni fort ye^ntit pis .re for ore lceartion • **-•'■.. 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