ENOXYILEE
WEEKLY .1
r
AND REBEL VENTILATOR
Vol. I.
KXOXV1LLK, TKX.V., FlUPAY, JULY 20, 111.
No. 2.
V. (J. JHtOWNLOW, Ki,mu.
Xnoxville, Friday, July 29, 1864.
First Tennessee Cavalry.
Ah nn iU'ia of inf'ornuitioii to the friomls
of tlio First Tennessee 'avalrv, who are
dispersed throughout the. counties of K;ist
Tennessee, wo fivc mi extract from n lonp;
letter to a i'rieiid, written by the Colonel
crnmaiu!iii,! the regiment :
. HkAIHH'AHTKK 1T TtSN. CaVAT.KT, )
(in the banks of tlit Chattahoochee, I
, .July K, 1S(H. J .
Tin's hastily written letter leaves mo on tho banks
tli(! Chattahoochee, eighteen miles from the city
( Atlanta, in excellent spirits, nnd enjoying lino
lumith. T he health of my men was never hotter;
tlio booming of artillery nnd the c'dinioii of hhidls.
Now quiet in camps, in u Georgia forest, siugingold
j camp-meeting songj, the enemy still confronting us,
I nnd an occasional roar of cannon in the distance.
j Wo nro supplicating tlio God of Matties in our W
I lmlf, nnd it is grat pleasure to know that our is not
I the, only offerings which nscend to henveii for us,
I hut tlmt there nro ''loved ones nt home" whose
j prayers nscend in our behalf, nnd for our Mifuty and
deliverance.
Chaplain Holtsingor gnvo us n (short hut appro
priate nnd excellent sermon. lie will return to the
(liiiHiinted campaign a. few days. It 1ms not yet
boon duterinined whether we will ho sent to the rour
or not, to he ro-moiinied. Tlio General does' not
wish to part with us. If lean only g.t my rogi-
! ment mounted once more I will feel perfect v satis
i Hod. 1 can whip twice my numhoranywhore. This
may look a littlo like boasting, but I um willing to
I take tint contract.
I I know you regretted very much to hear of (Jan.
I Marker's death. He was a noble soldier nnd a per-
feet gentleman. No olliocr was more esteemed by
and although thev would Prefer L'oinof to thn n.npt.i
ho re-mounted, they are perfectly coutontod. None ! " ''""""""d. ''"'l "' could inspire his troops
wc hom nirk, but all nro satisfied with our condi- 1 "'"ru ,m1""r- I!n,V(' nn'1 Kn,xu ai nn n"('i"l,t
U.. All is bnrmony mid good filing in our rogi-i lv',,i",lt' ho Ml ll!U''li,"S ''is muu in thy nssault at
munqand no harsh words is uttered bv'onw to anoik- i K""os"w 'Al,.untiiin. ' No brighter or mora valuable
. W have about IMS men left, alUold, ns bravo M'rU' ,lus ,,,('n hiid upon the altar of our conn
smd generous a set of men as belong to nnv wini-i11" .M."y tg m) '"-'vor loose its luster, and
jiuwkI. I lna.v it insjuro our officers with new counign, nnd
of the following classes of offender to be seized nnd the Treasury, without being condemned by any
condemned, to-wit: 1st. Of any person hereafter j court, nnd without giving any person, whether iv
noting as nn officer of the army or navy of the rebels real or pretended rightful owner or claimant, n day
in mm against the (Jovernment of the United j in court. The only redrew left a person who might
States. Secondly, of any person hereafter actingns i be injured by an unlawful seizure, in by application
President, Vice President, member of Congiv.s, to tbo Court of Claim at Washington City 'within '
Judge of any Court, Cabinet officer, Foreign Minis-two years after the rebellion is put down. Thin art
tor, Commissioner or Consul of the so-oniled Confed-' gives the ngeifts unusual power, and tho courts of '
erate States of America. Thirdly, of any person ' the country will confirm t ho operations of the agunte
acting as (lorernor of a Slate, member of a Con- i within tho scop of the litwrnl meaning of the act.
vention or legislature, or a Judge of nny Court of : Tlmt is aimply and alone to captured and abnndoa
any .of the so-called Confederate States of America. ' ed projieriy. The vast amount of captured and
Fifthly, of any person hereafter holding any offiVo j abandoned property that now Las and will wine, or
or agency under the so-called Confederate States, or j foil into the hands of tho agents of tho government,
tho Suites thereof, or under tho laws of fither of j could-iiot lie disposed of by the slow and tedious
them, , provided that the persons thirdly, fourthly j course of the civil courts of tho country In due time,'
and fifthly above named shall lmvo accepted their j d hence tho necessity of tbo act during the war,
oHieo since the date of any pretended ordinance of; crunting extraordinary remedies under extraordinary
secession of the State, 'or shall have takon the oath circumstances. Any property that Is forfeited to th
of allegiance to, or to support the constitution of the j United States by the terms of tbo act of the Cth .of
so-culled Confederate States. Sixtblv. of nnv Dr-' August, 1861. oruf the 17th of July, 1802. or for u
' r I ...
ion owning property ini loyal State shall hereafter
assist und give aid nnd comfort to the rebellion, and
all sales, transfers and conveyances of the property
of tho classes of otlenders before stated shall be null
breach of the revenuo laws, cannot be disjMwod of"
by tho Special Agents of the Treasury, as captured,
ir abandoned property may be done. Tho act of '
12th of March, 1863. does not repeal tho two former
and void, and if any such otlenders shall sue any ' HC't!, ,ut; hiaves them standing In full foreo -and cf.'
one for their property, their offences may be pleaded iKH'1 der the act of the 17th of July, 18H2, is
in bar of such suit. Seventhly, of nnv norson who
livel in a Statu declared in insurrection, engaged in
armed rebellion against the United States, or aiding
We Kcnrcely ever stay more 'than two or throe I K'Vo l. m A""'l'i',,,n .v,"1,1 mtiunnl spirit, which j or abetting such rebellion, and whoshal not, with
it ,..t 1. . i, . .. a. , . , s
Dav before o-'i.:unS ioucu.oi nine cannot destroy.
uur intuntry will all cross the river to-morrow,
in
nltiU in the same situation rr locality
Twterdsv we moved from the left to ther
wiMk we were detached to guard "Ciielirnna Ford," ! ""J w,! wil1 h' si"' l, Atlanta in a few days.
i tlie extreme right. The river here is very shal- j So," of our h!' s"v t"'ir y hxk for
low, and we have to be on the alert night arid dav. I tl!,ni ,"'mB mm- 1 '""""t. ngreo with them, in
I wiw glad to have the position, from the fnct that'it ! V.iW f w,""k us- 11 h now 11 v '"""Hi
whh a locality where no soldiers had ever been, and , 'UW 1 WMi nt ,,,"nfi' n'"1 not,,'g wiild afford me
consequently could lire on tho 'fat of the land." ! m"r I'1''"-"1"'0 tllivn viit there; but duty requires
We have potatoes, berries, honev and chickens for I "' to ''L'""lin tlu' M'1 iiWc ,M-V kin'1 ri"
TKrlr uvery meal. There are five hr-e flsh-inm ! to friond"' n"J 1"'licV0 ino' iH PVor-
ki this ford, and the river furnishes an abundance of J
Ash. However, we can only get them by visiting j
tho trap under cover of .night. . ' j
Dinvtly opposite to jjs is a rebel post. Tho day
l'fore we were ordered to leave this post I ordered
Cnt. Mo e Wiley, with two companii, to strip
tlieuuolvcs and to be readv to cross. and charge the
JAMKS 1. lilloWM.OW,
Cidoiiol Cominaiiiling, &c.
cuoiny at the ford, whilst I would take a select de
tueliiiient of men and swim the rivor four hundred
yards above, for tho purpose of capturing the rebel
pickUs. I selected the best swimmers in the regi-iiH-Jit,
put our guns in a canon, and started oyer. As
matt u.s Capt. Wiley saw that I had nearly reached
tlu; opposite shore, charged very bravely, but missing
the ford, when half way over, he and every man
went plunging in over their heads, and just then
the rolnds opened lire upon them, nnd .compelled
The Law of Confisuuioii.
-lvNoxviu.K;TK.NN.,.Jultr 2 1st, lr,i.""
Dr. II'. . Jlrownluw : Sn; Delow I givo you the
stibstnnco of three nets of Congre's creating forfeit
ures of property; and the interest of the country re
quires speedy and energetic work in effecting sales
of the property forfeited undr these acts.
The net of the Otli of August, 1SI51, enacts,
amongst other things, that if, during the present, or
any future insurrection ngaint tho Government of
the United States, nfter tho Vresident shall declare
by proclamation that the laws of tho United States,
nnd the execution thereof, arc opjwised and obstruct
ed by combinations too powerful to bo suppressed
Um river, as best they could. Capt. Wiley was now
in such a condition as to bo unable to udvahoe or
nroat, nnd unfortunately lft mo and my ten men
t the enemies side of the river, Tithout help, and
with a prospect of going to Atlanta sooner than wo
loinvl. detitut of even so much as a shirt. Not
fancying this, and acting upon tho tho 'maxim that
he who never beta never wins," I determiniHl to
ciusrge upon tho rear of the rebel; who wore firing
at Wiley's party. My cnirgo was n success, I com-'
J'ICVMJ M JJI ini;U I.IIV1II, till fc..'n illl.l .1 i.-r.ri.ui hiiu
with them I captured a long forry-lxint, and returned
to my command. The Sergeant in command of the
ivhels was a New York Dentist, who told mo' that
1m had been living in the South but a short time.
Ho said he never was more surprised, and did not
think nnv person was bold enough t swim a river
and attack them. Gen. Sherman is said to hare
lion pleased with our exploits, and the "Special
Artist' for Harper Weekly has prepared a sketch
of mr charging the Chattahoochee.
I now weigh but 1!U pounds, so you soo that I
luve leen reduced in flesh, but my llih is perfectly
Ann, and my health never was better. I am so
: much nun-burnt that I look more liko an Indian J
than a white man. I have good crackers, bacon,
Mkl bonns to cat go to bed at sunsat, unless on the
march, get up beforo sunrise, nnd sleep in tho open
air, enjoying tho luxurious climato of tho '-Sunny
Svuth." .
, Woll, I don't know what you will, think of this
letter. I havo already been interrupted four times
since I began it, with.n fair prospect -of having the
doM repeated liefore I close;. I.flnish on abeuutiful
moon-lit Sunday night, nnd as tho Chaplain is pay
in us a visit, I stop .writing to cdleit my command
toeether, and attend te prcaeliing. . I must confess.
that cverytliingvtaKen together, x.gei a muo -nomo
tick." Here is a.congrogatiou of men who, for more
sixty days after public, warning by proclamation,
cease to aid, countenance and abet such rebellion,
a great work to be done in the way of having nil of
the lands of every rebel nnd of every rebel aidVr
and nbettor, decreed to tho United States as forfeited,
and to bo sold ns such.
Tho 4th section of the net of 12th of March, 18M,
creates a forfeiture of nil property taken from ndis-.
. it t t . . . : i it!.- i a . t . . '.t . .i
ana 10 return to ins allegiance to the United States, "V,u 1 1,118 R i-,u,l witnoui tno proper
all the estate, and property, monirn. stocks, nnd Permit, vc, afid proceedings in effecting a sale of
credits of such person shall be forfeited, nnd the '''s himl of forfeiture must be instituted inthooourts
President shall cause tho same to be seized for the j of (,1C untry.
use of the army of the United States. As wo now have the United State District and
All sales, conveyances and transfers of nny such : Cirt-uit Courts reorganized here, it is a good time to
property after the expiration of tho sixty days from : commence the work of forfeiture of the lands, tene
siich'warning by proclamation, shall he utterly void. "lfti 'id hereditaments of the rebels. It is well
The proclamation of the Pm-ldcnt only affects, and " tlu? r,t'' 'wtion of the net of 17th of July,
is only required in the last named class of otlenders. ! heforo the mind. Tho provision of which is,
The forfeitures of the other cla-wM of offender nre h any person engaged in armed rebellion against
complete without nnv warning bv iiroelamation.
. rt-t7irni Ktniiou fir Kim nfl. prtuits oia me iiiouu
wvery man to seek shelter under the largo rocks in j hy tlie ordinary course of judicial proceedings, or
by tho marshals, any person, or agents, &e., shall
purchase, or employ the sumo, or suffer the saftie to
bo used or employed ia aiding, abetting, or promot
ing such insurrection or resistanco to the laws, or
any peifson engaged therein; or if the owners of
any proporty shall knowingly use or employ, or
consent to tho use or employment of the snmr as
aforesaid; all such property is forfeited, und the
President shall cause the same to bo seized, confisca
ted and condemned. ,
The socond and third sections' of said act prescribe
tho modo and tho courts in which the proceedings
to cause condemnation and sale of such property
shall be Instituted.
The proceedings must bo instituted in tho district,
or admiralty court, or the circuit court having juris
diction of the amount, in tkc district in which the
property may be seized, or if there are no such courts
in the districts in which tho property is seized, said
courts in the district into which the property may
be first takon nnd proceedings first instituted, have
jurisdiction ot the subject matter; and tho Attorney
Gvnoral or nnv District Attorney of the United
whereby a sale of nny property forfeited under nny
of the provisions of said act shall ho effected; nnd
which is ns follows, to-wit: Whenever nny such
property shall have been seized, proceedings in rein
shall be instituted in the name of the United States
in the district court in the district in which the prop
erty forfeited, or any part thereof, may be found, or
if there shall be no court when such property, or any
part hereof, shall be found, such proceedings shall
be in titutcd in the district court in tho district in
whicl the property shall be first takon, if movable;
and i 'such property, whether real or personal, shall
be foi nd to have belonged to u person engaged in
rebeluon, or who has given aid or comfort to the re-
belli'fi, the said property shall be decried to be tho
propjrty.of the United States; and disposed of by
deer
bo d
Stat'
Til
powi
of SI
and
j) of said court, and the proceeds thereof shall
reed to bo paid into the treasury of tho United
States in which said property may be, may instituto
eighth section of said act gives said court full
to make all orders, nnd decrees to effect sales
h forfeited property, and to cause good and
alid titles to be made to tlie purchasers of such
property, whether real or personal.
T u act is broad and comprehensive, nnd embraces
witl n its terms all persons who have In any mnn
nor (eon engaged or nro still engaged in rebellion
ngnist tho United States, or who have, or shall
herdfter in any manner give aid or comfort to the
rebellion. This act is nlso so specific in tho descrip
tion f the property forfeited, that there can bo no
dou I upon this subject. It includes lands, and
evey species of personal property, togother with
Itaifoadorothor stocks, debts due the rebe!.-)f jnoiiey,
nndalltrtlfer property.
the
"" ,. . , " r i . e .i lor alents, to soizo captured or abandoned property
proceedings of condemnation, for the benefit cf the f"' ? ' , ' , , ,
than two yearB. hvc Veen aocu.toiued to ercry hard
nil tb dangers of the soldier' life
whose only music for the last two inontlis has boon ! wtate, money, property, stocks, credits, wid ffecU
United States; or if any person shall filo an in for.
niation with such Attorney, tlie proceedings shall bo
for tho use of such, informer and tho United States
in cqhal parts.
Under this act all property that was.usod, or suf-
IICU CV. M. ... M.I.I, , jri.lll.VHII
the insurrection or resistance to the laws is forfeited.
Such, for instance, ns Iron Woks, 1'aiJroaSs, &c.,
used or suffered to be used by tho rebels, ought to
bo seized flnd condemned. In caso of Railroad or
other corporations, the stock nt least of those using
such, or suffering the same to be used to carry on
the rebellion, should be seined, reputed and con
demned. By the net of the 17th July, 18G2, 4ho President
of tho United States is required to cause all of the
e act of the 12th of March, . 1863, enacts that
ecretary of the Treasury shall appoint an agent
in tk disloyal States, provided; that such property
sha not .include any used, of which from its char
neti would bo useful in carrying on tho wnr. Such,
for istanoo, alarms, ships, forage, munitions of war,
&c. all .of which, and. such like, the act. content
plat s shall go at once in to the hands of tho military
for he purposes of the war.
Aft captured or abandoned property on npprais
meit may bo turnod ovor to be used by the military
if tlo,same is uch as could'be used by them for mil
itary purposes; orsuch property may bo forwarded
to n.iy place of sale within the loyul States, as the
puWic interest may require, and sold at auction to
the highest biddof, and tho proceeds of such snle
paid into the treasury of the United States.
Ihis act contemplates sales of captured or aban
doned property to bo made by tho Special Agent of
, , ... - 0
I IT. 'i I ili . t, -AA. . A . ' A A A
me i nueu otates, or u" octnng sucli rebel-
, ... niu, lilmt-tw ...
rebellion within sixty days nfter public warning bv
proclamation of tho President, shall forfeit all of his
estate and property, monies, stocks and credits. All
that has to be dono under that section on the trial of
the cause is simply to prove that tho porson whoso
lands are proceeded against was engaged ia armed
rebellion against the United States, or that he gave
aid and comfort to those engaged in arms, and that
he did not return to his allegianco to the United
States within sixty days nfter tho proclamation afore
said. Tho first step to bo taken towards the forfeiture is
the seizure of tho lands of nil nnd of every person'
guilty of treason, or of giving aid nnd comfort to
those in nrmed rebellion, and thifn to report tho s amo
to the District Attorney, with such aspocific descrip
tion of the lands that proper proceedings can bo in
stituted, nnd in the end good title made. There are
a great many persons who forfeited their estates, but
who have taken the benefit of the amnesty oath in
order to hold on to their property, reserving a secret
intention to give all tho aid and comfort within
tlmir power to the rebels. This oath is only a con
ditional pardon resting alono on the honest and
faithful performance thereof, and wo be to the man
against whom proof is made in our courts of a vio
lation of that oath. Then, Dr. Brownlow, you will
cause all the estate, &c., of any and all persons who
have taken the amnesty oath, "and violated the sam
by giving aid and comfort to tho rebellion, to bo
seized and reported for forfeiture. Every person
who in good faith and with an honest purpose takes
said oath, an'd performs the same, is .Henceforward '
entitled to all tho rights of an American citizen.
Tlie person taking tho oath, amongst other things,
swears that he will henceforth faithfully lupport,
protect and defend tho Constitution of the United
States and the Union, nnd'eVery person who . feed
his rebel son or gives him clothes when ho slides
home from the febel, army, violates, his oath, and
creates anew a forfeiture of his estate, &c. Tho oath
of amnesty does not mean that a rebel may take the
same, go home, fold his arms and sit down under
his own vino and fig tree, and receive tho protection
of the laws of the land without doing anything to
put down tho rebellion But it does mean that ho
will do all he can in the support, protection and de
fence of the Constitutjtm and Union. Nothing lesa '
than this is a cemplysce with said oath. The oath
does not moan that you may feed and clothe rebel
sons, and have rebel daughters spouting rebel di:
trines upon any and all joccasions. You have to
come right square up to the honest nnd faithful per
formance of your oath, or you forfeit your property,
and when you have been guilty of treason, life it
self. It is well then for the agents seizing forfeited
property to watrh all violation of tho amnesty oath,
and to seize their estate, without fail. In about two
weeks I shall bo fully ready to commence my part
of this religious work of forfeiture, if tho agents of
tho government can furnish me the needful work.
I am very truly yours, Ac,
James P. Swan,
United States Dtiirkt Attorney for the District of,
East Tervutux. .