just in time to put out the flames and save the bridge-one half-hour, or even less, of a delay would have enabled the rebels to accomplish their purpose on the bridge and track.

Sergeant, shot through the head at Garlick's
Landing.

WOUNDED.-A private of the Nineteenth Massachusetts, name unknown; Anton Haneman, laFrom the bridge the rebels proceeded through borer; Lieut. John Brelsford, company I, Eightythe woods to the road which leads to Richmond, first Pennsylvania; William Bradley, company and which lies to the left of the railroad. Here E, One Hundredth New-York; Robert Gilmore, they continued their infernal business, killing, drummer, Eighty-seventh New-York; a lieutenplundering, and destroying every person and ant, whose name I could not learn; Albert Barthing that came in their way. Two trains of ker, Twelfth New-York; Jesse P. Woodbury, besome thirty wagons each, on their way from longing to one of the gunboats. Several others White House to the army, laden with grain, were are reported, but these are all I have been able overtaken, captured, and destroyed by fire. The to ascertain from reliable sources. There were teamsters, escaping safely, came running into several prisoners taken, some of whom escaped, camp greatly frightened, having lost every thing and others who will no doubt turn up, as the rebin their flight. As the rebels crossed the Pa-els were not in condition to carry them very far. munkey, at Garlick's Landing, a train of wagons, Early next morning after the occurrence, regiin addition to other Government property, was ments of infantry were thrown along both sides captured and immediately destroyed. Several of the railroad to act as a guard, while several sutlers, on the same road as the Government companies of cavalry were despatched on scoutteams, lost their wagons and stores. I neglecting expeditions through the woods and surrounded to mention, in its proper place, that the rebels ing country. Every effort was made by our men, also fired a railroad-car, containing grain, at Tun- who were enraged beyond measure, to capture stall's station, which was completely destroyed. the daring and desperate rebels. They have sucYour correspondent was coming down the rail- ceeded in capturing six of the rebels, among road in the train immediately following the one whom are Capt. Garlick, whose father lives at the on which the attack was made, and had a very landing where the rebels crossed the river; Dr. narrow escape, our train being saved by the ap- Harrison, a rampant secesh, who lives near this pearance of some of the fugitives, who had escap- place, and whose property has been constantly ed the rebel bullets and the mishaps in jumping guarded by Union soldiers since this place fell from the running cars. Breathless from running into our hands. It is said that he has been in and fright, they called to the engineer, who constant communication with the rebels since stopped the train, and remained on the road the their departure from Yorktown, and it is positiveremainder of the night. It was now about twelve ly asserted that Gen. Stuart, who is supposed o'clock midnight, and we were in a very uncer- to have led this marauding band, and the rebel tain, and, for aught we knew, a critical position. Lee, who formerly lived here, have, on more than The rebels were known to be scattered over the one occasion, been guests at his house. There is country in different directions, but in what num- no disguising the fact that this whole section of bers, we nor any other person seemed to know country is more or less infested with men, and any thing about. It was uncertain what minute women too, who under the garb of Union men, they might appear on the brow of the hill near for the purpose of having a guard of our soldiers which we stopped, and fire upon our train as they detached to watch their property, are doing our did on the one preceding us. Accordingly, a cause an immense injury and the rebels a great few persons started to bring down the Fifty-sec- service. It is certain that the rebels are generond Pennsylvania, Col. Dodge, which was known ally well acquainted with all the movements of to be in the vicinity, to serve as a guard of pro- our army-their strong and their weak points; tection to the train. The men had generally re- and while loyal newspaper correspondents have tired to rest for the night, but were soon aroused, been made the scapegoats on which the wrath put under arms, and marched down the road to of our generals has been poured, for supposed where the train had stopped. I have often heard intelligence conveyed to the enemy, so that even orators eulogize and applaud the brave men who petty lieutenants have learned to snub themguard our persons, our liberties, and our homes these hypocritical Union men have been secured I have read, and heard others read, the glow-in their persons and property, while they correing apostrophe of the poet to "Our Defenders" sponded with the rebels in Richmond and elsebut on neither occasion did I half realize their where. importance as I did on this clear moonlight night, in a hostile country, with the enemy hovering around me, when the Fifty-second Pennsylvania stood there to defend me and others, unarmed and helpless like myself, from danger and death. The following are the casualties, so far as I have been able to learn, resulting from this wonderful raid of guerrillas:

KILLED.—Three laborors, whose names I could not learn, supposed to be from Philadelphia, killed on the railroad train; D. Potter, a Quartermaster

It

I have thus given you as correct an account of this unexpected occurrence as I have been able to collect from what I saw, and from the thousands of rumors in circulation, as well as from information obtained from reliable sources. came very near being a serious disaster to our army here. The thousands of dollars' worth of property belonging to the Government at this place; the lives of many who are here as laborers and in other capacities, who are, of course, unarmed, and perhaps the greatest of all, the communica

here by foreign commercial houses, when pur chasing for account of distant parties, that is, by the proceeds of bills of exchange, drawn by the purchaser here upon the bona-fide owner of the produce.

tion between our army and its supplies, were all in imminent danger. I only express the universal opinion of every person here when I say that it was a great mistake to leave so important a point almost unprotected, especially in an enemy's country, and that enemy so subtle, unscrupulous, desperate, and cruel. The railroad, which the enemy sought to destroy, has hitherto been left unprotected, and the trains constantly running from this place to the advance of the army, have been left almost entirely to the mercy of the secession-tection, as stated in the proclamation, had been ists here, as well as to surprises such as occurred on Friday. When it is known that the road runs over a distance of same eighteen miles through a country eminently suited to the operations of guerrilla bands, and that the enemy are known to avail themselves of this dishonorable mode of warfare, it will be conceded that a strong guard should continually occupy the entire road. I understand means will be taken immediately to guard against any future occurrences of this kind.

I have given you a general account of the conduct of the rebels on this occasion, but I have not attempted to describe it in detail. One example will, perhaps, serve as an index to their more than fiendish ferocity: One of the laborers, whom I have stated to be killed on the cars, was only wounded at first, and having made his escape, sought shelter and protection in the woods. The rebels, while in pursuit of a colonel who had fled, again came across this man, already wounded and bleeding from their cowardly fire, and despatched him by firing five bullets into his head. Such is the boasted chivalry of the Old Dominion, and it is but a fitting index to the character of the rebellion and its leaders.

Doc. 68.

J. M. F.

FOREIGNERS AT NEW-ORLEANS. THE following correspondence passed between the foreign consuls at New-Orleans and General

Butler:

These transactions were strictly mercantile, and feeling assured by the proclamation issued by you under date of May one-had they had any fears before-that this, the property of foreigners, was safe and would be accorded that progranted heretofore to such property, under the United States laws, the purchasers of these sugars were anxious to ship them at a time when other such shipments were being made; but, by your order as stated above, were prevented, thereby entailing upon the foreign owners great loss. But as the undersigned are disposed to waive all past proceedings, they beg that the order not permitting the removal of the produce in question be rescinded, and that the sugars left at the disposal of the purchasers, to do with them as they may seem fit, or that the undersigned, if compatible, in consideration of the interests concerned, be placed in possession of the facts which caused such order to be issued; the enforcing and existence of which materially retards and stops the legitimate business of our countrymen.

me.

HEADQUARTERS DEPARTMENT OF THE GULF, NEW-ORLEANS, June 12, 1862. GENTLEMEN: In the matter of the sugars in possession of Mr. Covas, who is the only party known to the United States authorities, I have examined with care the statement you have sent will not expect me to disclose, that Mr. Covas I had information, the sources of which you had been engaged in buying confederate notes, giving for them sterling exchange, thus transferSIR: It has been represented to the under-ring abroad the credit of the States in the rebelsigned by Mr. Covas, of the commercial firm of Covas & Negroponte, carrying on business in this city, that certain sugars bought by that firm, conjointly with Messrs. Ralli, Benachi & Co., also carrying on business here, are not allowed to be sold or taken from the place in which said sugars are stored, without further orders from you.

NEW-ORLEANS, June 11.

We beg here to state that Mr. Covas represents to the undersigned that the sugar in question (three thousand two hundred and five hogsheads) have been bought for and are the property of British, French, and Greek subjects, and with which fact you are already acquainted.

The purchase of these sugars were effected at various times, ranging from January to March last, paid for at the time of purchase, in the usual manner in which such business is carried on

lion, and enabling these bills of credit to be converted into bullion to be used there, as it has been, for the purpose of purchasing arms and munitions of war. That Mr. Covas was one of, and the agent of, an association or company of Greek merchants residing here, in London, and at Havana, who had set apart a large fund for this enterprise. That these confederate notes so purchased by Mr. Covas, had been used in the purchase of sugars and cotton, of which the sugars in question, in value almost two hundred thousand dollars, are a part.

I directed Mr. Covas to hold these sugars until this matter could be investigated.

I am satisfied of the substantial truth of this information. Mr. Covas's own books will show the important facts that he sold sterling exchange

for confederate treasury notes, and then bought use such language to the representative of the these sugars with the notes. United States, in a quasi official communica

Now this is claimed to be "strictly mercan- tion? tile."

Commercial agents, merely of a subordinate

It will not be denied that the sugars were in-class, consuls have no power to waive or contended for a foreign market.

But the Government of the United States had said that with the port of New-Orleans there should be no "strictly mercantile" transac

tions.

It would not be conceded for a moment that the exchanging of specie for confederate treasury notes, and sending the specie to Europe, to enable the rebels to buy arms and munitions of war there, were not a breach of the blockade, as well as a violation of the neutrality laws and the proclamation of their majesties, the Queen of Great Britain and the Emperor of France. What distinguishes the two cases, save that drawing the sterling bills is a more safe and convenient way of eluding the laws than sending bullion in specie, and thus assist the rebellion in the point of its utmost need?

It will be claimed that to assist the rebellion was not the motive.

Granted "causa argumenti!"

It was done from the desire of gain, as doubtless all the violations of neutrality have been done by aliens during this war-a motive which is not sanctifying to acts by a foreigner, which, if done by a subject, would be treason or a high misdemeanor.

done any proceeding past or present of the gov-
ernment under whose protection they are permit-
ted to reside so long as they behave well. If I
have committed any wrong to Mr. Covas, you
have no power to "waive" or pardon the penalty
or prevent his having redress. If he has com-
mitted any wrong to the United States, you have
still less power to shield him from punishment.
I take leave to suggest, as a possible explana-
tion of this sentence, that you have been so long
dealing with a rebel confederation, which has
been supplicating you to make such representa-
tion to the government whose subjects you are,
as would induce your sovereigns to aid it in its
traitorous designs, that you have become rusty
in the language proper to be used in representing
the claims of your fellow-citizens to the consider-
ation of a great and powerful government, enti-
tled to equal respect with your own.

In order to prevent all misconception, and that, for the future, you gentlemen may know exactly the position upon which I act in regard to foreigners resident here, permit me to explain to you that I think a foreigner resident here has not one right more than an American citizen, but at least one right less, that is, that of meddling or interfering, by discussion, vote, or otherwise, with the affairs of the Government.

I have the honor to subscribe myself,
Your obedient servant,

B. F. BUTLER,
Major-General Commanding.
Messrs. GEORGE COPPELL, claiming to be
H. B. M. Acting Consul; A. MEJAN, French Con-
sul; M. W. BENACHI, Greek Consul.

GENERAL ORDERS No. 41.

NEW ORLEANS, June, 1862.

To Major-General B. F. Butler, Commanding
Department of the Gulf:

My proclamation of May first assures respect to all persons and property that were respectable. It was not an amnesty to murderers, thieves, and criminals of deeper dye or less heinousness, nor a mantle to cover the property of those aiders of the rebellion, whether citizens or aliens, whom I might find here. If numbers of the foreign residents here have been engaged in aiding the rebellion, either directly or indirectly, from a spirit of gain, and they now find themselves objects of watchful supervision by the authorities of the United States, they will console themselves with the reflection that they are only getting the "bitter with the sweet." Nay, more, if honest and GENERAL: The undersigned, foreign consuls, acquiet foreign citizens find themselves the objects credited to the United States, have the honor to of suspicion too, and even their honest acts sub-represent that General Orders No. 41, under date jects of investigation by the authorities of the United States to their inconvenience, they will, upon reflection, blame only the over-rapacious and greedy of their own fellow-citizens, who have, by their aid to rebellion, brought distrust and suspicion over all. Wishing to treat you, gentlemen, with every respect, I have set forth at length some of the reasons which have prompted my action. There is one phrase in your letter which I do not understand, and cannot permit to pass without calling attention to it. You say, "the undersigned are disposed to waive all past proceedings," etc.

What proceedings" have you, or either of you, to "waive" if you do feel disposed so to do? What right have you in the matter? What authority is vested in you by the laws of nations or of this country, which gives you the power to

of tenth inst., contains certain clauses, against which they deem it their duty to protest, not only in order to comply with their obligations as representatives of their respective governments, now at peace and in friendly relations with the United States, but also to protect, by all possible means, such of their fellow-citizens as may be morally or materially injured by the execution of an order which they consider as contrary, both to that justice which they have a right to expect at the hands of the Government of the United States, and to the laws of nations.

The "Order" contains two oaths: one, applicable both to the native-born and to such foreigners as have not claimed and received a protection from their government, etc.; the second applicable, it would seem, to such foreigners as may have claimed and received the above protection:

thus, unnaturalized foreigners are divided into two categories, a distinction which the undersigned cannot admit.

The "Order" says that the required "oath will not be, as it has never been, forced upon any;" that "it is too sacred an obligation, too exalted in its tenure, and brings with it too many benefits and privileges, to be profaned by unwilling lip-service;" that "all persons shall be deemed to have been citizens of the United States who shall have been resident therein for the space of five years and upwards, and, if foreign-born, shall not have claimed and received a protection of their government, duly signed and registered by the proper officer, more than sixty days previous to the publication of this order."

Whence it follows that foreigners are placed on the same footing with the native-born and naturalized citizens, and in the alternative either of being deprived of their means of existence or forced implicitly to take the required oath if they wish to ask and do receive "any favor, protection, privilege, passport, or to have money paid them, property or other valuable thing whatever delivered to them, or any benefit of the power of the United States extended to them, except protection from personal violence."

Now, of course, when a foreigner does not wish to submit to the laws of the country of which he is a resident, he is invariably and everywhere at liberty to leave that country. But here he does not even enjoy that privilege; for to leave, he must procure a passport, to obtain which he must take an oath that he is unwilling to take; and yet that oath "is so sacred and so exalted in its tenure that it must not be profaned by unwilling lip-service."

It is true that the "Order" excepts those foreigners who claimed and received the protection of their government more than sixty days previous to its publication; but this exception is merely nominal, because the very great majority | of foreigners never had any cause hitherto, in this country, to ask, and therefore to receive a "protection of their government." Besides, this exception implies an interference with the interior administration of foreign governments-an act contrary to the laws of nations. Whether the foreign residents have or have not complied with the laws and edicts of their own governments is a matter between them and their consuls, and the undersigned deny the right of any foreign power to meddle with, and still less to enforce, the laws of their respective countries, as far as their fellow-citizens are concerned. When a consul extends the high protection of his government to such of his countrymen as are neither naturalized nor charged with any breach of the laws of the country in which they reside, he is to be supported by a friendly government; for it is a law in all civilized countries that if foreigners must submit to the laws of the country in which they reside, they and à fortiori their consuls, must, in exchange of that respect for those laws, receive due protection; that protection, in fact, which the foreigners have invariably enjoyed in this

country up to the present time. Now, foreigners are deprived of that protection unless they become citizens of the United States; and this is done without a warning, and in opposition to the laws of the United States concerning the mode in which foreigners may become citizens of this country. The undersigned must remark that a just law can have no retroactive action, and can be enforced only from the day of its promulgation, while the order requires that acts should have been done, the necessity of which was unforeseen, especially in this country.

The required oath is contrary not only to the rights, duty, and dignity of foreigners, who are all "free born," but also to the dignity of the Government of the United States, and even to the spirit of the order itself.

66

1. Because it virtually forces a certain class of foreigners, in order to save their property, to swear "true faith and allegiance" to the United States, and thereby to renounce and abjure" that true faith and allegiance which they owe to their own country only, while naturalization is, and can be, but an act of free will; and because it is disgraceful for any "free man" to do, through motives of material interest, those moral acts which are repugnant to his conscience.

If the order merely required the English oath of "allegiance," it might be argued, according to the definition given by Blackstone, (i. p. 370,) that said oath signifies only the submission of foreigners to the police laws of the country in which they reside; but the oath, as worded in the "order," is a virtual act of naturalization. A citizen of the United States might take the oath, although act six of the Federal Constitution, and the act of Congress of June first, 1789, do not require as much. But no consideration can compel a foreigner to take such an oath.

2. Because, if, according to the order, the "highest title known was really that of an American citizen," it would be the very reason why it should be sought after, and not imposed upon the unwilling, whether openly or impliedly.

3. Because, while the order advocates the "neutrality imposed upon foreigners by their sovereigns," it virtually tends to violate that neutrality, not by forcing them openly to take up arms and bravely shed their blood in defence even of a cause that is not their own, but by enjoining upon them, if they wish to redeem their property, to descend to the level of spies and denunciators for the benefit of the United States.

The undersigned will close by remarking that
their countrymen, since the beginning of this war,
have been neutral. As such they cannot be
considered and treated as a conquered popula-
tion. The conquered may be submitted to ex-
ceptional laws; but neutral foreigners have a
right to be treated as they have always been by
the Government of the United States.
We have the honor to be, General, your most
obedient servants,

JUAN CALLEJON, Consul de Espana.
CH. MEJAN, French Consul.
Jos. DEYNOODT, Consul of Belgium.

M. W. BENACHI, Greek Consul.
Joseph Lanata, Consul of Italy.
B. TERYAGHI, Vice Consul.
AD. PIAGET, Swiss Consul.

HEADQUARTERS DEPARTMENT OF THE GULF,
NEW-ORLEANS, LA., June 16, 1862.
GENTLEMEN: Your protest against General Or-
ders, No. 41, has been received.

the guidance of subordinate officers, who should be called upon to administer the proper oath.

Therefore, it was provided that all those who had resided here five years-a length of time that would seem to be sufficient evidence that they had not the intention of returning, (esprit de retour,) and who should not have, in that time, claimed certificate of nationality, called commonly a "protection " of their government, should, for It appears more like a labored argument, in this purpose, be deemed prima facie, of course, which the imagination has been drawn on for the American citizens, and should, if they desired facts to support it. Were it not that some of the any favor or protection of the Government, save idiomatic expressions of the document show that from violence, take the oath of allegiance. But it was composed by some one born in the Eng- it is complained that the order further provides lish tongue, I should have supposed that many that they must have received that "protection of the misconceptions of the purport of the order, sixty days previous to the date of the order, so which appear in the protest, arose from an imper-as to have the "protection" avail them. fect acquaintance with the peculiarities of our language.

As it is, I am obliged to believe that the faithlessness of the Englishman who translated the order to you, and wrote the protest, will account for the misapprehensions under which you labor in regard to its terms.

The order prescribes

"

The reason of this limitation was that, as some of the consuls had gone into the rebel army, and some of the consuls had been aiding the rebellion here, and as "protections" had been given by some of the consuls to those who were not entitled to them, for the purpose of enabling the holders to evade the blockade, it was necessary to make some limitations to secure good faith. Indeed, gentlemen, you will remember that all rules and regulations are made to restrain bad

I. A form of oath, to be taken by those who claim to be citizens of the United States, and those only who desire to hold office, civil or mili-men, and not the good. tary, under the laws of the United States, or who desire some act to be done in their favor by the officers of the United States in this department, other than protection from personal violence, which is afforded to all.

With that oath, of course, the alien has nothing to do.

For instance: if I allowed the " protections' given now to avail for this purpose, that Prussian Consul might give them to the whole of his militia company that live to get back; and they might come, claiming to be neutral, as did that British guard who sent their arms and equipments to Beauregard.

But there is a large class of foreign-born per- The naturalization laws of the United States. sons here who, by their acts, have lost their were in abeyance for want of United States nationalities. courts here. These provisions permitted all forFamiliar examples of that class are those sub-eigners who had resided here five years and not jects of France (Français) who, in contravention of the Code Civile, have, without authorization from the Emperor, joined themselves to (the) a military organization of a foreign State, (s'afilierait à une corporation militaire etrangere,) or received military commissions (fonctions publiques, conferées par un gouvernement etranger) from the governor thereof, or who have left France without intention of returning, (sans esprit de retour,) or, as in the case of the Greek Consul, have taken the office of opener and examiner of letters in the post-office of the confederate States, or the Prussian Consul, who is still leading a recruited body of his countrymen in the rebel army.

As many of such aliens had been naturalized, and many of the bad men among them had concealed the fact of their naturalization, it became necessary, in order to meet the case of these bad men, to prescribe some rule by which those foreign-born who might not be entitled to the protection of their several governments, or had heretofore become naturalized citizens of the United States, might be distinguished from those foreigners who were still to be treated as neutrals.

This rule must be a comprehensive one, and one easily to be understood, because it was for

claimed the protection of their government, who felt disposed to avail themselves of them, and thus become entitled to the high privileges of an American citizen, which so many foreigners value so greatly that they leave their own prosperous, peaceful, and happy countries to come and live here, even although allowed to enjoy those privileges to a limited degree only. So greatly do they compliment us upon our laws that they prefer to, and insist upon, stopping here, even at the risk of being exposed to the chances of our intestine war, which chances they seem willing to take, in preference to living in peace at home under laws enacted by their own sovereigns. But it is said that, unless foreigners take the oath of allegiance, they will not be allowed a "passport."

This is an entire mistake, and probably comes from confounding a "pass" through my lines, which I grant or withhold for military reasons, with a "passport," which must be given a foreigner by his own government.

The order refuses all "passports" to American citizens who do not take the oath of allegiance; but it nowhere meddles with the "passports" of foreigners, with which I have nothing to do. There is nothing compulsory about this order.