The

pursuance of the aforesaid special instructions; and the
vessel shall be left at liberty to pursue its voyage.
Fank of the officer who makes the search must not be less
than that of lieutenant in the navy, unless the command,
either by reason of death or other cause, is at the time held
by an officer of inferior rank.

Fourthly. The reciprocal right of search and detention shall be exercised only within the distance of two hundred miles from the coast of Africa, and to the southward of the thirty-second parallel of north latitude, and within thirty leagues from the coast of the Island of Cuba.

1862, June 26-In Senate, the bill to carry into effect this treaty, by providing for the officials, &c., passed-yeas 34, nays 4, (Messrs. Carlile, Kennedy, Powell, Saulsbury.)

July 7-The bill passed the House without a division.

1863, February 17-The treaty was modified by the addition of an article authorizing the exercise of the reciprocal right of visit and detention within thirty leagues of the island of Madagascar, within thirty leagues of the island of Puerto Rico, and within thirty leagues of the island of San Domingo.

66 THE

RECORD.
CONFEDERATE

Soon after the adoption of their Constitution in 1861, the rebel Congress passed a bill in relation to the slave trade, which JEFFERSON DAVIS returned, with his objections, as follows:

slave trade, it is instructive to read the letter of J. P. Benjamin, Secretary of State of the "Confederate" Government, to L. Q. C. Lamar, "Confederate" Commissioner at St. Petersburg, which was intercepted and transmitted from St. Petersburg, March 3, 1863, by Bayard Taylor, Chargé d'Affaires :

CONFEDERATE STATES OF AMERICA, DEPARTMENT OF STATE, RICHMOND, January 15, 1863. SIR: It has been suggested to this Government, from a

source of unquestioned authenticity, that after the recognition of our independence by the European Powers, an expectation is generally entertained by them, that in our treaties of amity and commerce a clause will be introduced making stipulations against the African slave trade. It is even thought that neutral Powers may be inclined to insist upon the insertion of such a clause as a sine qua non.

You are well aware how firmly fixed in our constitution is the policy of this Confederacy against the opening of that trade; but we are informed that false and insidious sugges tions have been made by the agents of the United States at European courts of an intention to change our constitution as soon as peace is restored, and of authorizing the importation of slaves from Africa. If, therefore, you should find in your intercourse with the Cabinet to which you are accredited that any such impressions are entertained, you will use every proper effort to remove them; and if an attempt is made to introduce into any treaty which you may be charged with negotiating stipulations on the subject just mentioned, you will assume in behalf of your Government the position which, under the direction of the President, I now proceed to develop.

The constitution of the Confederate States is an agreement made between independent States. By its terms all the powers of government are separated into classes as follows, viz:

1. Such powers as the States delegate to the General Government.

3. Such powers as the States, without delegating them to the General Government, thought proper to exercise, by direct agreement between themselves contained in the con

stitution.

4. All remaining powers of sovereignty which, not being delegated to the Confederate States by the constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof.

On the formation of the constitution, the States thought proper to prevent all possible future discussions on the suband delegated no authority to the Confederate Government, ject of slavery, by the direct exercise of their own power, save immaterial exceptions, presently to be noticed.

EXECUTIVE DEPARTMENT, February 28, 1861. GENTLEMEN OF CONGRESS: With sincere deference to the 2. Such powers as the States agree to refrain from exerjudgment of Congress, I have carefully considered the bill in relation to the slave trade, and to punish persons offend-cising, although they do not delegate them to the General ing therein, but have not been able to approve it, and, Government. therefore, do return it with a statement of my objections. The Constitution-section seven, article one-provides that the importation of African negroes from any foreign country other than slaveholding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same. The rule herein given is emphatic, and distinctly directs the legislation which shall effectually prevent the importation of African negroes. The bill before me denounces as high misdemeanor the importation of African negroes, or other persons of color, either to be sold as slaves or to be held to service or labor, affixing heavy, degrading penalties on the act if done with such intent. To that extent it accords with the requirements of the Constitution, but in the sixth section of the bill provision is made for the transfer of persons who may have been illegally imported into the Confederate States to the custody of foreign States or societies, upon condition of deportation and future freedom, and, if the proposition thus to surrender them shall not be accepted, It is then made the duty of the President to cause said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof. This provision seems to me to be in opposition to the policy declared in the Constitution-the prohibition of the importation of African negroes and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill is returned to you for your further consideration, and, together with the objections, most respectfully submitted.

JEFFERSON DAVIS.

Especially in relation to the importation of African neto permit it should exist in the Confederate Government. grocs was it deemed important by the States that no power The States, by the Constitution, (which is a treaty between themselves of the most solemn character that States can make,) unanimously stipulated "that the importation of negroes of the African race, from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same." (Art. 1, sec. 9, par. 1.)

It will thus be seen that no power is delegated to the Confederate Government over this subject, but that it is included in the third class above referred to, of power exercised directly by the States.

It is true that the duty is imposed on Congress to pass laws to render effectual the prohibition above quoted. But this very imposition of a duty on Congress is the strongest not-proof of the absence of power in the President and Senate alone, who are vested with authority to make treaties. In a word, as the only provision on the subject directs the two branches of the legislative department, in connection with the President, to pass laws on this subject, it is out of the power of the President, aided by one branch of the legisla tive department, to control the same subject by treaties; for there is not only an absence of express delegation of authority to the treaty-making power, which alone would suffice to prevent the exercise of such authority, but there is the implied prohibition resulting from the fact that all duty on the subject is imposed on a different branch of the

This veto was sustained by the following vote -the question being, "Shall the bill pass withstanding the President's objections?" YEAS-Messrs. Curry and Chilton, of Alabama; Morton and Owens, of Florida; Toombs, II. Cobb, T. R. R. Cobb, Bartow, Nisbet, and Kenan, of Georgia; Rhett, Barnwell, Keitt, and Miles, of South Carolina; Ochiltree, of Texas-15. NAYS-Messrs. Smith, Hale, Shorter, and Fearn of Alabama; Wright and Stephens, of Georgia; DeClonet, Conrad, Kenner, Sparrow, and Marshall, of Louisiana: Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi; Chesnut, Withers, and Boyce, of South Carolina; Reagan, Waul, Gregg, and Oldham, of Texas-24. INTERCEPTED CONFEDERATE

THE AFRICAN SLAVE TRADE.

Government.

I need scarcely enlarge upon the familiar principle, that DESPATCH UPON authority expressly delegated to Congress cannot be as sumed in our Government by the treaty-making power. The authority to levy and collect taxes, to coin money, to declare war, &c., &c., are ready examples, and you can be at no loss for argument or illustration in support of so well recognized a principle.

As showing the temper of the "Confederate" Government upon the revival of the African

The view above expressed is further enforced by the clause in the Constitution which follows immediately that which has already been quoted. The second paragraph of the same section provides that "Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or territory not belonging to, this Confederacy." Here there is no direct exercise of power by the States which formed our Constitution, but an express delegation to Congress. It is thus seen that while the States were willing to trust Congress with the power to prohibit the introduction of African slaves from the United States, they were not willing to trust it with the power of prohibiting their introduction from any other quarter, but determined to insure the execution of their will by a direct interposition of their own power.

July 1, General Banks, in pursuance of orders from the Headquarters of the Army at Washington, arrested the four first-named members, for these reasons:

Moreover, any attempt on the part of the treaty-making power of this Government to prohibit the African slave trade, in addition to the insuperable objections above sug-sarily selected by the provost marshal for its protection, gested, would leave open the implication that the same power has authority to permit such introduction. No such implication can be sanctioned by us. This Government unequivocally and absolutely denies its possession of any power whatever over the subject, and cannot entertain any proposition in relation to it.

The incidents of the past week afforded full justification for this order. The headquarters, under the charge of the board, when abandoned by the officers, resembled in some respects, a concealed arsenal. After public recognition and protest against the "suspension of their functions," they continued their sessions daily. Upon a forced and unwarrantableconstruction of my proclamation of the 2 th ultimo, they declared that the police law was suspended, and the police officers and men put off duty for the present, intending to leave the city without any police protection whatever. They refused to recognize the officers or men neces and hold subject to their orders, now and hereafter, the old police force, a large body of armed men, for some purpose not known to the Government, and inconsistent with its peace or security. To anticipate any intentions or orders on their part, I have placed temporarily a portion of the force under my command within the city. I disclaim on While it is totally beneath the dignity of this Govern- the part of the Government I represent, all desire, intenment to give assurances for the purpose of vindicating it-tion, and purpose to interfere, in any manner whatever, self from any unworthy suspicions of its good faith on this with the ordinary municipal affairs of the city of Baltimore. subject, that may be disseminated by the agents of the Whenever a loyal citizen can be named who will execute United States, it may not be improper that you should point its police laws with impartiality and in good faith to the out the superior efficacy of our constitutional provision to United States, the military force will be withdrawn from any treaty stipulations we could make. The constitution the central parts of the municipality at once. No soldier is itself a treaty between the States, of such binding force, will be permitted in the city, except under regulations satthat it cannot be changed or abrogated without the deliberisfactory to the marshal; and if any so admitted violate ate and concurrent action of nine out of the thirteen States the municipal law, they shall be punished according to the that compose the Confederacy. A treaty might be abrogated civil law, by the civil tribunals. by a party temporarily in power in our country, at the sole risk of disturbing amicable relations with a foreign Power. The Constitution, unless by approach to unanimity, could not be changed without the destruction of this Government itself; and even should it be possible hereafter to procure the consent of the number of States necessary to change it, the forms and delays, designedly interposed by the framers to check rash innovations, would give ample time for the most mature deliberation, and for strenuous resistance on the part of those opposed to such a change.

After all, it is scarcely the part of wisdom to attempt to impose restraint on the actions and conduct of men for all future time. The policy of the Confederacy is as fixed and immutable on this subject as the imperfection of human na ture permits human resolve to be. No additional agreements, treaties, or stipulations can commit these States to the prohibition of the African slave trade with more binding efficacy than those they have themselves devised. A just and generous confidence in their good faith on this subject, exhibited by friendly Powers, will be far more efficacious than persistent efforts to induce this Government to assume the exercise of powers which it does not possess, and to bind the Confederacy by ties which would have no constitutional validity. We trust, therefore, that no unnecessary discussion on this matter will be introduced into your negotiations. If, unfortunately, this reliance should prove il-founded, you will decline continuing negotiations on your side, and transfer them to us at home, where, in such event, they could be conducted with greater facility and advantage, under the direct supervision of the President. With great respect, your obedient servant,

J. P. BENJAMIN, Secretary of State.

Hon. L. Q. C. LAMAR,
Commissioner, &c., &c., St. Petersburg, Russia.

They were transferred to Fort Lafayette, and on the 6th of August, Judge Garrison of Brooklyn, issued a writ directing Col. Burke to produce the persons in court. Col. Burke declined on the authority of an order from Lieut. Gen. Scott. Col. Burke was then cited to answer for contempt of court, but he did not appear, and August 22, Judge Garrison, "submiting to inevitable necessity," dismissed the proceedings. They were subsequently released. See President's Orders, p. 154.

ARREST OF MEMBERS OF THE LEGISLATURE OF

MARYLAND.

NEWSPAPER ACCOUNT.

By Telegraph to the Associated Press.
BALTIMORE, Sept. 13.-The Provost Marshal, George P.
Dodge, this morning, before day, arrested the Mayor of
Baltimore, Mr. Brown, and Messrs. Chas. S. Pitts, Lawrence
Sangston, S. Teackle Wallis, T. Parkin Scott, and Ross
Winans, members of the Maryland Legislature of Baltimore
city, and F. K. Howard, the editor of the Exchange news-
paper. They were taken to Fort Mellenry.

BALTIMORE, Sept. 13.-The following additional arrests have been made: Messrs. Dennison, Quinlan, and Dr. Lynch, members of the Legislature from Baltimore county: and Messrs. Henry M. Warfield, Dr. J. Hanson Thomas, John C. Brune, city members; also, Thomas W. Hall, editor of the South newspaper.

The day of the meeting of the Legislature is Tuesday next, when, it is suspected, further legislation hostile to

Arrests of Citizens, and the writ of the Government was to be attempted. All the arrests madə

Habeas Corpus.

were under orders direct from the War Department.

BALTIMORE, Sept. 13.—I just hear of the arrest of Henry June 27, 1861, Major General N. P. BANKS, May, member of Congress; also, Henry M. Morfit and W. commanding the Department of Annapolis, had G. Harrison, members of the Legislature from this city. These, with the names previously sent, complete the ten George P. Kane, Chief of Police of Baltimore, city delegates. Upon the arrest of Gordon, (member of the arrested for being, in contravention of his duty Maryland Legislature.) some days ago, papers were found and in violation of law, by direction or indirec-in his baggage reading like amendments to be offered to a tion, both witness and protector to transactions hostile to the authority of the Government, and to conspirators avowedly its enemies.

Same day, Charles Howard, Wm. H. Gatchell, Charles D. Hinks, John W. Davis, and George Wm. Brown, Mayor and ex-officio member of Board of Police of Baltimore, protested against the arrest of Marshal Kane, and the suspension of the Board of Police, by a militar provost marshal.

proposed secession ordinance to be brought up at the coming

meeting of the Legislature.

BALTIMORE, Sept. 18.-The police are arresting secession members of the Legislature as fast as they reach this city, on their way to Frederick. To-morrow is the day set apart for the meeting of the Legislature, but there can be no quo rum present, as nearly three fourths of both Houses are secessionists, all of whom it is presumed, will be arrested. This evening Messrs. Dennis and Heckart, of the Senate, and Messrs. Landing and Raisin, of the House of Delegates, were arrested. There are now fifteen members of the House bers cannot be found, and have, it is said, fled from the and three of the Senate under arrest. Many of the mem

State.

The view above expressed is further enforced by the clause in the Constitution which follows immediately that which has already been quoted. The second paragraph of the same section provides that "Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or territory not belonging to, this Confederacy." Here there is no direct exercise of power by the States which formed our Constitution, but an express delegation to Congress. It is thus seen that while the States were willing to trust Congress with the power to prohibit the introduction of African slaves from the United States, they were not willing to trust it with the power of prohibiting their introduction from any other quarter, but determined to insure the execution of their will by a direct interposition of their own power.

proposition in relation to it.

July 1, General Banks, in pursuance of orders from the Headquarters of the Army at Washington, arrested the four first-named members, for these reasons:

The incidents of the past week afforded full justification for this order. The headquarters, under the charge of the board, when abandoned by the officers, resembled in some respects, a concealed arsenal. After public recognition and protest against the "suspension of their functions," they continued their sessions daily. Upon a forced and unwarrantable construction of my proclamation of the 2 th ultimo, they declared that the police law was suspended, and the police officers and men put off duty for the present, intendMoreover, any attempt on the part of the treaty-making ing to leave the city without any police protection whatpower of this Government to prohibit the African elave ever. They refused to recognize the officers or men neces trade, in addition to the insuperable objections above sug-sarily selected by the provost marshal for its protection, gested, would leave open the implication that the same and hold subject to their orders, now and hereafter, the old power has authority to permit such introduction. No such police force, a large body of armed men, for some purpose implication can be sanctioned by us. This Government unnot known to the Government, and inconsistent with its equivocally and absolutely denies its possession of any pow- peace or security. To anticipate any intentions or orders er whatever over the subject, and cannot entertain any force under my command within the city. I disclaim on on their part, I have placed temporarily a portion of the While it is totally beneath the dignity of this Govern- the part of the Government I represent, all desire, intenment to give assurances for the purpose of vindicating it- tion, and purpose to interfere, in any manner whatever, self from any unworthy suspicions of its good faith on this with the ordinary municipal affairs of the city of Baltimore. subject, that may be disseminated by the agents of the Whenever a loyal citizen can be named who will execute United States, it may not be improper that you should point its police laws with impartiality and in good faith to the out the superior efficacy of our constitutional provision to United States, the military force will be withdrawn from any treaty stipulations we could make. The constitution the central parts of the municipality at once. No soldier is itself a treaty between the States, of such binding force, will be permitted in the city, except under regulations satthat it cannot be changed or abrogated without the deliber-isfactory to the marshal; and if any so admitted violate ate and concurrent action of nine out of the thirteen States the municipal law, they shall be punished according to the that compose the Confederacy. A treaty might be abrogated civil law, by the civil tribunals. by a party temporarily in power in our country, at the sole risk of disturbing amicable relations with a foreign Power. The Constitution, unless by approach to unanimity, could not be changed without the destruction of this Government itself; and even should it be possible hereafter to procure the consent of the number of States necessary to change it, the forms and delays, designedly interposed by the framers to check rash innovations, would give ample time for the most mature deliberation, and for strenuous resistance on the part of those opposed to such a change. After all, it is scarcely the part of wisdom to attempt to impose restraint on the actions and conduct of men for all future time. The policy of the Confederacy is as fixed and immutable on this subject as the imperfection of human na ture permits human resolve to be. No additional agreements, treaties, or stipulations can commit these States to the prohibition of the African slave trade with more binding efficacy than those they have themselves devised. A just and generous confidence in their good faith on this subject, exhibited by friendly Powers, will be far more effica cious than persistent efforts to induce this Government to assume the exercise of powers which it does not possess, and to bind the Confederacy by ties which would have no constitutional validity. We trust, therefore, that no unnecessary discussion on this matter will be introduced into your negotiations. If, unfortunately, this reliance should prove ill-founded, you will decline continuing negotiations on your side, and transfer them to us at home, where, in such event, they could be conducted with greater facility and advantage, under the direct supervision of the President. With great respect, your obedient servant, Hon. L. Q. C. LAMAR, Commissioner, &c., &c., St. Petersburg, Russia.

J. P. BENJAMIN, Secretary of State.

They were transferred to Fort Lafayette, and on the 6th of August, Judge Garrison of Brooklyn, issued a writ directing Col. Burke to produce the persons in court. Col. Burke declined on the authority of an order from Lieut. Gen. Scott. Col. Burke was then cited to answer for contempt of court, but he did not appear, and August 22, Judge Garrison, "submiting to inevitable necessity," dismissed the proceedings. They were subsequently released. See President's Orders, p. 154.

ARREST OF MEMBERS OF THE LEGISLATURE OF
MARYLAND.

NEWSPAPER ACCOUNT.

By Telegraph to the Associated Press.
BALTIMORE, Sept. 13.-The Provost Marshal, George P.
Dodge, this morning, before day, arrested the Mayor of
Baltimore, Mr. Brown, and Messrs. Chas. S. Pitts, Lawrence
Sangston, S. Teackle Wallis, T. Parkin Scott, and Ross
Winans, members of the Maryland Legislature of Baltimore
city, and F. K. Howard, the editor of the Exchange nows-
paper. They were taken to Fort Mellenry.

BALTIMORE, Sept. 13.-The following additional arrests have been made: Messrs. Dennison, Quinlan, and Dr. Lynch, members of the Legislature from Baltimore county; and Messrs. Henry M. Warfield, Dr. J. Hanson Thomas, John C. Brune, city members; also, Thomas W. Hall, editor of the South newspaper.

The day of the meeting of the Legislature is Tuesday next, when, it is suspected, further legislation hostile to

Arrests of Citizens, and the writ of the Government was to be attempted. All the arrests made

Habeas Corpus.

were under orders direct from the War Department.

BALTIMORE, Sept. 13.—I just hear of the arrest of Henry June 27, 1861, Major General N. P. BANKS, May, member of Congress; also, Henry M. Morfit and W. commanding the Department of Annapolis, had G. Harrison, members of the Legislature from this city. These, with the names previously sent, complete the ten George P. Kane, Chief of Police of Baltimore, city delegates. Upon the arrest of Gordon, (member of the arrested for being, in contravention of his duty Maryland Legislature,) some days ago, papers were found and in violation of law, by direction or indirec-in his baggage reading like amendments to be offered to a tion, both witness and protector to transactions hostile to the authority of the Government, and to conspirators avowedly its enemies.

Same day, Charles Howard, Wm. H. Gatchell, Charles D. Hinks, John W. Davis, and George Wm. Brown, Mayor and ex-officio member of Board of Police of Baltimore, protested against the arrest of Marshal Kane, and the suspension of the Board of Police, by a militar provost

marshal.

proposed secession ordinance to be brought up at the coming

meeting of the Legislature.

BALTIMORE, Sept. 18.-The police are arresting secession members of the Legislature as fast as they reach this city, on their way to Frederick. To-morrow is the day set apart for the meeting of the Legislature, but there can be no quorum present, as nearly three fourths of both Houses are secessionists, all of whom it is presumed, will be arrested. This evening Messrs. Dennis and Heckart, of the Senate, and Messrs. Landing and Raisin, of the House of Delegates, were arrested. There are now fifteen members of the House bers cannot be found, and have, it is said, fled from the and three of the Senate under arrest. Many of the mem

State.

[From the Baltimore American.]

We are not advised of the specific charges against those members of the Legislature and others prominent as public of the General Government; but, from what has already occurred, the inference seems safe enough that the reasons were such as were fully justified in the needful preservation of the peace of the State. One thing is certain-that the majority of the distinguished body thus interfered with was thoroughly disloyal; and judging from what they already have done, and their persistant waiting for something to happen to give them a chance to do something more in the direction of State sovereignty," we believe they thought the time night come when they might follow other illustrious examples, and treat the State to that outrage upon the people, the Constitution, and the Union, a "secession ordinance." They are effectually estopped from such a purpose now, and will have a chance to reflect at their leisure on their utter disregard of the wishes of the people in their doings.

functionaries who have been arrested in the State by order

The astounding disregard of popular sentiment, definitely shown, has been the chief feature in the secession movement, and Maryland has only escaped the worst consequences of it by the firm action of the Governor in the first instance, and now by the interposition of the strong hand of the General Government.

COPELAND'S REPORT.

FREDERICK, Md., September 18, 1861. To Major General BANKS, Darnestown:

SIR: I have just telegraphed to General Dix that we have seized seven members of the house of a very bitter character, and four officers, clerks, &c., who are intensely bitter, and are said to have been very forward and to have kept some of the weaker men up to the work. Several arrests were made of violent or resisting persons, whom I shall let go after the others are gone. I shall send four men at least to General Dix, at Baltimore, who are very bad men. I have advised Colonel Ruger to send to Sharpsburg Landing to seize 500 sacks of salt, which are waiting for the Southerners to come and take them. They have tried twice to do it. We have also heard of some arms which the colonel will look up.

There is a very bitter man here, a Mr. Sinn, who is currently reported by General Shriver and others to be the medium of communication with the Southern Confederacy. The names of the members are: B. S. Salmon, R. C. McCubbin, J. H. Gordon, C. J. Durant, Thomas Cleggett, Andrew Kessler, and Bernard Mills. We shall get T. Lawrence Jones. The cfficers of the Legislature: J. N. Brewer, Chief Clerk Senate; Thomas Moore, reading do; Samuel Penrose, jr., Assistant; N. Kilgore, reading do.; Milton Kidd, Chief of the House. Mr. Jones is taken; Edward Houser, citizen; Riley, (very bad,) Printer to the House; John Hogan, (very bad,) citizen; Joseph Elkins, do.; Mr. Mason, Folder to the House. We shall leave here for headquarters this afternoon. The arrested were nearly all seized by the police

Mr. McCubbin is a person whom I should recommend you to set at large if he takes the oath, which I have no doubt he will. He is brother-in-law to General Hammond, and a man much respected; also a man of rather timid nature, and greatly troubled by his arrest. General Shriver has been very active for us, and is very earnest that we should let him go on these terms. If you can do it, it will be well to telegraph to Annapolis to have the oath tendered, and release him. I should do it under my instructions, only that Colonel Ruger thinks he has no authority to allow any man on the list any liberty. R. M. C.

OTHER ARRESTS.

PHILADELPHIA, August 19. Pierce Butler was arrested this afternoon by the United States Marshal by order of Secretary Canieron. He was taken to New York this evening, en route to Fort Hamil

ton.

LOUISVILLE, September 19.

Ex-Mayor James G. Berret, of Washington, was arrested in August, but released September 12, 1861, on taking the oath of allegiance, and resigning the office of mayor.

Ellis B. Schnable, of Pennsylvania, was also arrested late in August.

James W. Wall, of Burlington, N. J., was arrested, and others.

ORDERS ON WHICH CERTAIN ARRESTS WERE
MADE.

Secretary of War to General Banks.

WAR DEPARTMENT, Sept. 11, 1861. GENERAL: The passage of any act of secession by the Legislature of Maryland must be prevented. If necessary all, or any part, of the members must be arrested. Exercise your own judgment as to the time and manner, but do the work effectually.

Very respectfully, your obedient servant,
SIMON CAMERON,
Secretary of War.

Gen. McClellan to Gen. Banks.
[CONFIDENTIAL.]

HEADQUARTERS ARMY OF THE POTOMAC, WASHINGTON, Sept. 12, 1861. Secretaries of State, War, &c., it has been decided to effect GENERAL: After full consultation with the President, the operation proposed for the 17th. Arrangements have been made to have a Government steamer at Annapolis to receive the prisoners and carry them to their destination.

Some four or five of the chief men in the affair are to be

arrested to-day. When they meet on the 17th, you will please have everything prepared to arrest the whole party, and be sure that none escape.

It is understood that you arranged with Gen. Dlx and me that the meeting might take place on the 14th; please Gov. Seward the modus operandi. It has been intimated to be prepared. I would be glad to have you advise me frequently of your arrangements in regard to this very im

portant matter.

If it is successfully carried out it will go far toward breaking the backbone of the rebellion. It would probably be well to have a special train quietly prepared to take prisoners to Annapolis.

discretion-and have but one thing to impress upon youI leave this exceedingly important affair to your tact and the absolute necessity of secrecy and success. With the highest regard, I am, my dear General, your sincere friend,

GEO. B. MCCLELLAN,

Maj. Gen. U. S. A.

Copy of Gen. Banks's instructions concerning the Legislature.
[IMPORTANT AND CONFIDENTIAL.]

HEADQUARTERS, CAMP NEAR DARNESTOWN,
September 16, 1863.

Lieut. Col. RUGER, Commanding Third Wisconsin regiment,
on special service at Frederick:
SIR: The Legislature of Maryland is appointed to meet in
special session to-morrow, Tuesday, Sept. 16. It is not im-
possible that the members, or a portion of them may be
deterred from meeting there on account of certain arrests
recently made in Baltimore. It is also quite possible
that on the first day of meeting the attendance may be
small. Of the facts, as to this matter, I shall see that you
are well informed, as they transpire. It becomes necessary
that any meeting of this Legislature, at any place or time,
shall be prevented.

You will hold yourself and your command in readiness to arrest the members of both Houses; a list of such as you are to detain will be enclosed to you, herewith, among whom are to be specially included the presiding officers of the two houses, secretaries, clerks, and all subordinate officials. Let Early this morning the United States Marshal seized the the arrests be certain, and allow no chance of failure. The effce of the Louisville Courier, arrested ex-Governor More-arrests should be made while they are in session, I think. head, Reuben T. Murrett, one of the proprietors of the Courier, and Martin W. Barr, telegraphic news reporter for the New Orleans press, on charges of treason or complicity with treason. The prisoners were all carried to Jeffersonville, and will be transferred to the custody of the Marshal of Indiana district.

CINCINNATI, September 26. Yesterday afternoon Lieutenant Colonel Letcher, with a detachment of Colonel Woodward's regiment, captured James B. Clay, with sixteen of his men, while on the way to join Zoilicoffer. They were taken to Camp Dick Robinson. John C. Breckinridge was with their party in this city, but escaped.

You will, upon the receipt of this, quietly examine the premises. I am informed that escape will be impossible, if the entrance to the building be held by you, of that you will judge upon examination. If no session is to be held, you will arrest such members as can be found in Frederick. The process of arrest should be to enter both Houses at the same time, announcing that they were arrested by orders of the Government, command them to remain as they are, subject to your orders.

Any resistance will be forcibly suppressed, whatever the consequences. Upon these arrests being effected, the members that are to be detained will be placed on board a special train for Annapolis where a steamer will await them.