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[502] party up Oakland Creek. Owing to the small number of boats and the distance from the steamer, which was aground, some delay occurred in the disembarkation. I directed Lieut.-Col. Graves to follow with the second company to skirt Turner's Creek, but by misdirection took the road toward Canan's Bluff, and on landing with the remaining companies, I received information from him that the enemy were in force at Flatwood's plantation and to the left of the road. This made the reconnoissance with boats unsafe, and I ordered the companies all in, and stationed the remaining companies to guard against an attack at our landing, and sent out strong pickets on both roads. I believe the advanced company to the right, instead of along Turner's Creek, saved my command, as it sooner enabled me to post the men to advantage and take a position from which the enemy's approach could be observed. The enemy appeared to be the Georgia Thirteenth, about eight hundred strong, armed with Enfield rifles. As they approached, about four P. M., with a strong body of skirmishers in the skirt of woods below the road, the companies to the right and left of the road, in accordance with my instructions, opened fire. I immediately sounded the charge for an advance of the companies in the rear of the first line; the first line misunderstanding the signal, fell back to the next company. A constant and effectual fire was kept up on both sides from the cover of trees and bushes. Lieut. Wilson, who had returned with the boat's party, here proved of great service to me, and took a party, at my request, to the left. I ordered a company to the right to flank the enemy. Both operations were successful, and in a few moments the enemy retreated in confusion, leaving several dead on the field, followed by our men with loud cheers. It being now about sunset, I recalled our troops, and giving to Lieut. Wilson the command of pickets stationed to guard against surprise, formed the companies into line as originally posted, sent the dead and wounded in boats to the ship, and gradually, and very quietly, under cover of night, withdrawing the men, sent them on board as fast as our limited transports would allow. At the last trip of the boat I embarked, accompanied by Lieut. Wilson, Lieut.-Col. Graves, and the remainder of the command, at about ten o'clock P. M., and immediately brought on board the two companies left at Scrivins's plantation. After the enemy retreated we were unmolested. It is due to the officers and men of the command to say that generally they behaved with cool and intrepid courage. Adjutant Pratt fell dead near my side, gallantly fighting, musket in hand, and cheering on the men. Our loss, I regret to say, was comparatively large--ten killed and thirty-five wounded out of a command of three hundred men. Among the wounded was Acting Lieut. Badger, of company C, who was in charge of the advanced picket, and exhibited undaunted courage. He, with one of his men, was made prisoner. Both escaped, and were brought in when the enemy retreated. The captain of the Honduras is deserving of great credit for his kind attention to the wounded, and he afforded us every facility for the comfort of officers and men in his power.

I respectfully refer you to Lieut. Wilson's report, which I have seen, which contains some facts not embraced in this report, among others, in relation to the men detailed in charge of the field-piece on board ship, who were vigilant and attentive.

Herewith I transmit a list of casualties.

I am, very respectfully, your obedient servant,

Wm. M. Fenton,
Colonel Commanding.

Doc. 141.-eastern Tennessee. Jefferson Davis's proclamation.

war Department, Adjutant and Inspector General's office, Richmond, Va., April 8, 1862.
I. The following proclamation is published for the information of all concerned:

Proclamation.
By virtue of the power vested in me, by law, to declare the suspension of the privileges of the writ of habeas corpus:

I, Jefferson Davis, President of the Confederate States of America, do proclaim that martial law is hereby extended over the Department of East-Tennessee, under the command of Major-General E. K. Smith; and I do proclaim the suspension of all civil jurisdiction, (with the exception of that enabling the courts to take cognizance of the probate of wills, the administration of the estates of deceased persons, the qualification of guardians, to enter decrees and orders for the partition and sale of property, to make orders concerning roads and bridges, to assess county levies, and to order the payment of county dues,) and the writ of habeas corpus aforesaid.

In witness whereof, I have hereunto signed my name and set my seal, this, the eighth day of April, in the year one thousand eight hundred and sixty-two.


II. Major-Gen. E. K. Smith, commanding the Department of East-Tennessee, is charged with the due execution of the foregoing proclamation. He will forthwith establish an efficient military police, and will enforce the following orders:

The distillation of spirituous liquors is positively prohibited, and the distilleries will forthwith be closed. The sale of spirituous liquors of any kind is also prohibited, and establishments for the sale thereof will be closed.

III. All persons infringing the above prohibition will suffer such punishment as shall be ordered by the sentence of a court-martial: Provided, that no sentence to hard labor for more than one month shall be inflicted by the sentence of a regimental court-martial, as directed by the Sixty-seventh Article of War.

By command of the Secretary of War.

S. Cooper, Adjutant and Inspector-General.

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