The New York Herald Newspaper, July 4, 1863, Page 8

‘2 <p Wilder's main body rgachea the sopewern end of tho ett struc al Ts ote lag hd ON ee ey, 4 4 } ROSECRANS’ ARMY. THE AFFAIR AT HOOVER'S GAP. OPERATIONS OF THE CENTRE CORPS. Preliminary Movements to the Attack Upon Tullahoma. THE REBEL PRISONERS, te., &e., &e. Mr. W. F. G. Shanks’ Letters. Hoover's Gar, Fovrtssy M89 YkOM MuRyRessHoRo, Tenn. June 25—3 A. M. After mature deliberation and congulting my topogra- phica! joformation of this position and what litte | bad of the exemy supposed to be here, I concluded yesterday morning that I would foliow she fortunes of the Fourteeath army corps, moving on Beech Grove. McCook preseuted less topographical difficulties than that @f Thomas, and less hope of a determined resistance on I anticrpaed that the rebels Abe part of the rebels. would hold the moath of this gap, and that an engage- ment would follow. THE START. left Murfreesboro about ten o'clock. Negley, with the re eerve, was just about taking up bis line of march. I pushed em w the front, thinking to see more work and of a more fwteresting character there. Beyond our old lines I Roticed the character of the country changed, and stop in ‘this narrative to notice that up to the very lines we had @etablisbed for the past six months the citizens have Planted and sown in every field. Fences are intact and mo sign is seen of ‘*war's wide desolation.” Idid not reach the advance until three o'clock in the afternoon of yesterday. The whole of General Reynolds’ Givision was in the gap,and the advance was drawn up 4m line in the valley of Beech Grove, ‘THE FIRST ATTACK. ‘The head of the coiumn of General Thomas’ corps found the enemy’s first outpost about nine miles from Murfrees- Doro, and immediately dashed upon it. They made but a feeble resistance, and were driven in haste towards the gp. The force consisted of the First Kentucky cavalry, Colonel J. Russ Butler, of General Abe Buford’s brigade. Tm the skirmish at Big Spring Branch, nine miles from town, they lost nine prisoners and their battle flag. This latter is a neat two feet square flag, the body of olive color. Blue stripes about three inches in width run @agovally from cach corner. In these stripes there are fourteen white stars. On the reverse is a single bar run Bing diagonally, upon which are printed in gilt letters the words ‘First Kentucky Cavalry.” The prisoners taken say the flag was made and presented to the regiment by ® sister of ex-Goyernor Helm, of Kentucky, erders to hold this position covering the road leading thence to Shelbyville. A company of scouts, however, Yenutured to skirmish the road as far as what is called Beech Grove fown, a milé beyond the gap. They ap- proached to within afew au dred yards of a rebel bricade @ jofantry drawn up in line, evidently purposing to await our coming. They succeeded in capturing here a train of Bine wagons and several prisoners—rebels engaged in @riving thom. In the very face of the enemy they suc ceeded in turning the train in the direction of our forces, fnd secured it and the drivers. Shortly after this the Yebeis advanced, and in @ short time Wilder became warmly ovgaged. TOPOGRAPHICAL. ‘The country In the immediate vicinity of the engage ‘ment is hilly, surrounding a deep basin which begins at Ane end of the gap. For the most parfthe country in the valley is open aud cultivated ficlds; but along the road twom Beech Grove to the gap in our fromt there was a parrow strip of woods, which served to mask the move- ments of the euemy until they bad reached a point only ‘half a mile distant from us, Under the mask of these game woods they succeeded in planting a battery whose fire it was subsequently discovered raked the gap, and Father endangered the safety of the column lying in re- . ‘his battery and musketry opened simuitaneous- Jy aud very briskly, and the tight began in earncst, In front of our line, as at frat established, ran a creek, which the natives call Garrison's Fork of Duck river. It fs by no means a (ormidable stream, and offered impedi- ment to neither infantry nor artillery. However, the webeis did not attempt to cross with their artillery, and failed in the effort made by their infantry. The Seventy- wecond Indiana regiment was posted on the left of the woad and along this creek, and smmediately in their rear ‘were three pieces or the Sighteenth Indiava battery, Lilly commanding. Upon the immediate right ‘battery, the little knoll upon which they were posted into a steep and rugged knob, behind which, eatire- from fire, was the Seventeenth Indiana fairy, held in , and to watch the nar- ‘the right of the knob. Wilder strongly sus- ‘that an effort would be made by the rebels to flank am road and creek by this route, and joat it. ‘THE FIGHT ON THE LEFT. fight on the left of the line lasted but a short time. wo opposing batteries were-aboutone thousand yards and the firing between them was very brisk. The for & time protected “the enemy from view; but at Captain Lilly got range of them, and a few shots dis- Wed a gun and silenced the battery. They hastily Menbered upand retired towards our right, much to the @atistaction of the column of Colonel Hall moving up the gap. the ‘We yrebel infantry, Lnpgeive 3 the battery, from the masking woods, and made a charge acrons an open field w within three bendred yards of our guns. Capt. Lilly double shotted canister, and after three discharges tne enemy tarned and fied, bre king in confusion. ‘Col, Wilder was not disappointed in his anticipations of am attempted tiank movement on the part of the enemy. From the woods in front of our right their advance drove ack the skirmishers very pearly simultaneously with the Fetreat ot their right. The Seventeenth Indiana was moved to the brow of the hill, where a few moments after they became hotly engaged. This fight lusted about en hour, during which time the rebels made three charges, in which they were cach time repulsed and se- verely punished. ‘ihe Ninety-eigbth Llinois came up to ahe suppo't of the Seventeenth Indians on the right, and the One Hundred and Twenty third Iilinois to the aid of the Seventy second Indiana on the left. The Nineteenth Indiana battery, Capt. Harris, also took position on the Jett of the road’ and aided the Eighteenth in silencing Qhe rebel batteries. The rebels made no further efforts ‘with infantry, but, establishing two batteries on hills to the right of their first position, and at a much more Tespectabie distance, continued an ineffective fire for an hour or two, when, having one gun disabled, they re- tired, or at least remained silent, leaving us in possession @f the field, while their infantry held a line about one mile in the rear of their first position, and probably about the same line held in anticipation of an attack by us. THe RRBULT. ‘The result of the whole day's affair is that we hold the gap, for which it was feared we should have to con tend very desperately. The position is a strong one, and General Thomas expresves his surprise at the revels hay fog abandoned it. There are some deserted works at its mouth which would have surely troubled us to take. We now bold the outlet in strong force of Reynolds’ ectire divisian. The whole corps will to morrow operate from the point as a base. Corporal Cura, of Lilly’s battery, made several apien- @id shots, which evidently had # damagmg effect on the rebel Batteries, a8 we could see the men scattering when the shot exploded. itt +t al Hit, seg i (CABC ALTIBS. 1 presume our killed mount to about twenty men. B bave seou voly about ten desd, and perhaps fity wounded. The princijal guide of the corps, @ citizen eemed Miller, was killed. ‘The following is ® list of @e casualties: — Killed. Chaplin Eddy, Seventy second Indiana, Sergeant Wesley B. Pike, Co. b, Seventy second Indiana. G. C. McReynolds, Co. H, Seveuteeuth Indiana, Frank Ch Co, A, Skxty-eighth Indiana. Wiiitam ighth Indiana. teenth Indiana. od and Twenty-third I. dames While, Co. F, On Jonn Cleck, (0. B, One Hundred and Twenty third I, Bory Musgrove, (ov G, Une Hundred and Twenty third MM. Charles Long, Co. —, Voe Hundred and Twenty-thied Ill, Jobn W. Waggoner, Co. G, Seventeenth Indiana. Wounded Lieut. G. T. Moreland, Co. C, Seventeenth Ind., fatally. W. RB. Clark, Go. H, Seventy wecond Indiana, seriously J. H. Morrow, Co. I, One Hundredand fweaty third Ind, tly. ap Reed, Co. B, Seventy second Indiana, severely, Hugh Mahon, Co, H, Seventeenth Indiana, severely Daniel Flynn, co, D, -erenteeuth Lndiana. #ightly th Indiana battery, seriously. i James Hickham, Bigt i M. F. Gooabart, Oo. B, Ninety -eight Iii , dangerously Alfred Beil, Co. A, Seventeenth Indiana, slightly. James \. Harvey, Go. G. Seventeenth Indmua, slightiy Gun ergeant W. H. Clark, Seventeenth Indiana, Fri: ‘im. Brian, Co. J. HL. Bolter, Co. F , Seventeenth Indiana, severely. venth Indiana, slightly Harvey Webber, Co. 1, <even‘eenth Indiana, slightly. Michael [eitzer, Co. |), Seveuveouth Indiana, severely, Lather ©, Shino, Co. A, Ninety eihth [liimois, severely. Danwei Long, Co. D, Seventy-second Indiana, severely. F. N. Hopltins, 00. th indiana, severely. Riley kdwards, Co. G, Ninety eighth Ulinols, severely. Thos. Brownlee, Co. H, Keventeenth tod,, dabgerous Jobn R. Barnett, Co. C, Seventy seoom iha., severely. Jobu D. Webb, Ninetou th lodiaua vavery, severely, ‘Was. Brian, Cv. B, Ninety emlit [Minow REWELR, A@jntan’ Jobn Yource, third Georg battalion snarp- ely. C.,Caaweil's Third Georgia wcomemn Pian, Nive Mim yROW MURFRRR OKO, _ Jane 25—11 A. M. } J wae com elied t) seek thin morning ia order to \@4 lorward by courier ne my brief accouns of GAGS Tho coireiinn pave | ‘The route taken by tho battle at the gap. Thanks to the kindness of my ur - bane (rivad, Lieutenant Kelly, chief of courier lines. 1 suceeded in forwarding it to Nasbville im time to reach the train for Louisville on Vriday morning, aod it ought to reach you in time for Monday’s paper. I take this ec casion to retwrn thanks to Lieutenant Kelly for many similar kindnesses RESULT OF KOCKCRANS’ FIRST DAY’S OPERATIONS. ] learned at headquarters that the movement begun yesterday morning had been genera) from Triuse to Woodbury, aud that the whole army was in motion. ’ General Granger’s reserve corps moved to Salem, and thence to Middleton. Your correspondent with that columa has doubtless sent you the details of the heavy cavalry fight between Generals Mitchell and Forrest, in which General Mitchell was somewhat worsted by reason of the superior numbers of the enemy. Woe have 00 details here, General Stanley, who bad moved on the MeMiun- ville road, was recalied md despatched to Mitchell's aid. On the Shelbyville road a portion of McCook's corps ad- vanced astar as Guy’s Gap. General Jobpson’s divi- sion of the same corps advanced to and took Liberty Gap, on the Wartrace road. This was effected only after a brisk engagement, in which we lost ninety in killed and wounded. You are already aware of what has been done by Gen. Thomas. It will be seen from this statement that the result of the day’s marching and fighting has been the driving of the rebels from their front derensive line, represented by Hoover's, Liberty and Guy’s and Middieton, We are in possession of lines convenient on Wartrace and Shelbyville, and shall, in all prebability, make-a slow march to the former position. Wartrace 18 pow Bragg’s beadquarters, aud it is there-or labo- ma that he will give battle. 1 am inclined to belie’ it will beat Wartrace. Hardee’s corps—it ts aid that the whole corps is at this point, immediately on our front—is prepared to retire by way of the road to War. trace, and from the very determined resistance made on the Wartrace road at Liberty Gap I imagine that the greater part of Polk’s corps is upon that road, prepared w fail back opop Wartrace It may be that Bragg will find that portion untenable, on account of our having con- trol of the road to Manchester and Tullahoma, and he will then retire to the latter point. But any student of the fine officsa) maps which I have sent you, and which the HERALD will doubtless publish on the reosip' news, can draw his own conclusions. Those | have given will, I think, prove very nearly correct. The possession develop reeui's of import ANTIGIVATRD OPERATIONS ON THE LEFT. ‘The centre ot the battle field yesterday may be the point marked “ Nb’ The enemy adv: pon defeating their lett wing they fell back about a mile om the Wartrace road. ‘ibe struggle which must now ensue hilla south of Garrison’s Fork and west of Beech Grove. The aim of operations from today is to drive the enemy southwest, towards Wartrace, or cut him off and fight bim singly on the road, The ie not likely to permit us to is ator. Bragg, like a skilful general, will draw in his two corps gradually and simultaneously, choose his ground, throw up his rifle pits and fight, or retire upon Tullahoma, Shel- byville and Manchester will cease to be either te of importance or of strategic interest. Our cavalry may Po mpage aa will only be for the purposes of ob- servation. General Rosecrans has ordered that no telegrams of their movements be transmitted to the press, except such of his to General Halleck as may be made public. vepre- Store.” Our skirmishers are engaged this afternoon upon the hills to which the enemy yesterday retired his infantry after the cembat with Wilder. The hills just beyond them, where the enemy bda.his artillery, are, however,in | =~ the possession of the enemy sbarpshooters. The two HAVO been exchanging shots all day, with little or no loss to us. The artillery pre has beon slight, A few shots were exchanged betwee Loomis’ Firat Michigan and the Nineteenth Indiana batteries S24 a rebel batter rebe) guns is reported dismounted; but nothing is posi- planted to rake Hoover’s Gap., One of the tively known of this. ‘THE POSITION GAINED. ‘The position which we have gain pared to a long handled cup. Hoover’s Gap is the handie, which we hold, and within whose hollow we can easily mage all our troops in oulumn without danger, as long a8 ‘we can prevent the enemy getting control of a certain hill which commands the gap. The battle field of yester- day is the basin or hollow of the cup. On the left the valloy of Garrison’s Fork is the lip or spout. Through this lip or spout runs the Bradyville road, by which we expect Crittenden’s corps to-night or to-morrow. rim is a high ridge of hills, extending around this entire basin, with the exception of the hollows of the lip and ndje, and a narrow ravine through whieh the creek finds its outlet. The enemy yet b Ris that part of the rim which it is our purpose tocross. In the cevtre of (his Dasin is the intersection of the two roads from Murfrees- boro to Manchester and Bradyville to Shelbyville. We have ay this point by these two roads, and can get no further until we take the rim of the oup between the roads. With the rebels in possession of several bills forming this rim, and commanding with enfllading fires the entire basin, this task which we have laid out ean cri wished that the basin had been less terrible. ‘ No very persistent effort was made to-day to gain this rkige. I'think General Thomas saw the bloody issue at band if he charged the position, and has wisely concluded to wait aday or two until McCook can have forced him- self further south on the Wartrace road. Should McCook be enabled to do this he will run considerable risk if not well together, with Gordon Granger near at hand. If be ig able to hold his own, and can advance as far south as the Bell Buckle and Fairfeld, Hardee will be forced to abandon his strong position here. That an assault of his works will prove bloody I have nota doubt. Of our success in such an assault! am equally as ve. ‘There has been firing for the two hours Tee nisi bara eee from us. ty Gal mi posi- tion, ‘The fring has bean vory rapid and wicked.” MORE OF THE BATTLE OF BEECH GROVE. rebe Aybar aoe peri ‘spot, pidmod o | lines last night, and foun one a ether for interment, the bodies of seventeen rebels, and another spot twenty-one bodies. Upon the breast of each’of these was a small Bible, whose purpose, consid. ering the condition of these persons, was not very clearly defined. Our loss in killed sums up fourteen. ‘The prisoners brought in say that the force principally ‘engaged on the rebel side was Bates’ brigade of Tennes- Corporal C. C. McReynolds, of Company H, Seventeenth Indiana Volunteers, was mortally wounded im the fight on the right. He was armed, as was the entire regiment, with it’s revolving rifle. ihe had beentaught that toremove a certain rivet or screw of his rifle and to scatter his car- Rip oe tir be to destroy the utility of the gun. Fear- ful his weapon was about to fall into the bands of the foe, the noble seldier drew out the rivet, threw it and his cartridges away and fell back, dying in three minutes after- wards. AN ARTILLERY DUEL. ‘While I was writing the foregoing the rebels opened with five batteries upon our position, and a farious can- ponade of several. minutes has been kept up. 1 un- derstand that the rebels have intrenched their position on the hill commanding the gap. ‘Our casualties were one man wounded in the thigh by a shell. The rebel batteries ‘were soon silenced. Mancuesrer, Tenn. , June 27, 1863. Colone) Wilder's mounted infantry dashed into this place early this morning, securing the bridge across Duck river and taking the town by surprise. A company of rebel cavalry were stationed in the town, ostensibly to look after a small amount of stores. Wilder succeeded in surrounding and taking them all prisoners, and as I came in, late in the afternoon, I saw them in the Court House, jooking anxiously and amazedly through the barred win- dows of the improvised military prison. The Provost Mar- shal of General Reynolds’ division has furnished me the follow ing:— REBEL PRISONERS TAKEN BY GEN. REYNOLDS !0OMMAND , Captain R. G. Spaulding, Ist Kentucky cavalry, Lieutenant 0. I’. Katkan, Ist Kentucky cavairy. SB. Brooks, Ist Kentueky cavalry. J. L. Snyder, ist Kentucky cavalry. James Taber, 1st Kentucky cavalry. Preston J.indsay, Ist Kentucky cavalry. Jobo A. Blackford, 1st Kentucky cavalry. RK. M. Wood, lst Kentucky cavalry. Wm, McDowell, lat Kentucky cavalry. J. A. Shader, Ist Kentucky cavalry. Granville Moss, lst Ken y cavalo. ‘Ths. F. Molloy, Ist Kentucky cavairy, ©. A. Rankin, Ist Kentucky cavalry. ‘Thos. Tate, Int Kentucky cavalry. Comuniesary Sergeant G. E. Herrick, 1st Rentecky cay. B, F. Weils, ist Kentucky cavalry. kK. W. Wood, int Kentucky cavairy. Ren). French, Int Kentucky cavairy. ¥. W, Warwick, 3d rebel cavalry. Thomas Bryant, 3d rebel cavalry. E. D. Amoss, 34 rebel cavalry. P. L. Nicholson, 34 reb@icavairy. Emory Lively, 3d rebel cavalry. J. W. Leak, 3d rebel cavalry. W. H. Caswell, 7th Keotocky cavalry, First Sergeant G. B. Kiliott, 17th Tennessee infeotsy. Joel Peay, 17th Tennessee infantry. J.W. Keele, 17th Tennessee infant Isaac Casseloury, 32d fennessee infantry. James A, Campboli, 20th Tennessee infantry, L. P. Perry, 20th Tennessee infantry 11. L. Russell, 20th Tennessee infantry, KE. A. Sandors, 20th Tennessee tufuntry. G. 1. Edmonson, 20th Tennessee infantry, J. A. Hamlett, 20th feanessee infantry. Wm. M, Higgins, 38th Alabama infantry. W. A. Hicks, d8th Alab ima jolantry, 7. W. Trndal, 88th Als bata intantey, vers, Bradahaw’s battalion. rein cavairy Jonoph Hughes, vege Cavuiry Wm. M Partueuter, 2d Goorgia cavalry, D. Collins, 2d Georgis cavairy S. H. Blacklock, 2d Georgia ca WOW. Harris, ad L. ©, Shackleford, Lith Toxan, E A. Josiiu, 11th Tex Lythe Adame, 4th Ten ovvairy, ‘hese prisovers represent the folowing named organ gations of cavalry; —Ha ricou # aud Morgan's brig dex, and of infantry, Jonnecn’s, Lrown’s, Batwa’ aud Clay: ton's brigades. REPORTED DEAT OF CH, CLRHURYR Lieutenant Burt, of the lusector Geoeral’s Depart. ment, stated to me a fow iaomente ago that (here was report that General Cebure ai bee Killed ia the on gagemont at Warteace on the 26h A TRO wot thon Gacemont ie that while Howe sue «me erating ot Grove | could hear distinetiy (oe quae tow wane and it waa very evhient tm) 8 hr rk manent, wan of the concentric lines is an advantage which will soon | Hoovm’s Gar Barna Fup, Jane 25,1903. | OAR NEW YORK HERALD, SATURDAY JULY 4, 1863. ROSECRANS’ VICTORIES. The Affair at Hoover’s Gap---Operations in the Vicinity of Beech Grove, &c. & S WwaTers: Son. sont f4 Killed. Sergeant Reynolds, 16th United States infantry, Corpora} Donnahu, 16th United States infantry. Private Ford, 28th United States infantry. Wounded. pas, secmpeen, commanding ‘2d battalion, 18th United {nfantry. Second Lieutenant Shimer, 16th United States infantry. Setor Corporal | Robart Robertson, 24 battalion, 16th United Btates Lieutenant L,ttle, 24 battalion, 18th United States infantry. Private Atexander Ord, 24 battalion, 18th Unived. States Dr. Marks, Medical Director on Genera) Rousseau’ faforms me that Captain Thompaon's wound is dangerces a bus not necessarily mortal. ball, a very largo Mihie, a with the plug out, had ehtered the righi side of the m [reper rmceartaomuntbeatt ii, lodged near the Sapiens Caren s bee threw several shells into our own line of skirmishers, k! & private of the Kightcent z infantry and wounding two or rcspbretah om ‘The killed and wounded are reported at a total of twenty- one. Adjutant John Yource, of Caswell’s battalion, Third @eorgia shar; }, Who was wourded and taken in a= = onan the charge on the Seventeenth Indiana. found himself about to be taken, and at the first fire fell beside @ log, witb his face in bis hands, where he lay as if dead until the rebel lines had passed him. He then fired three ry ening Fears at the first shot. He sub:e- quently brought Yource in and turned bim over te the sergeant, Yource was apparently but slightly wounded, Surgeon Gross, of General Thomas’ staf, that all the woanded of his corps are already comfortably housed in Murfreeabore. Ho the loss in Wednes- day’e fight at fifteen killea and fifty flour wounded. GEN. BRANNAN'S OPERATIONS. General Brannan’s division, Third division, Fourteenth army corpe, Jeft Triune on Tuesday morning , and reached Murfeesboro the next day. He then followed Negiey’s division to this point. I notice with General Brannan, as an ald-de-camp, Lieutenant Fred. Mitchel, son of the lave General 0. M. Mitchel. now in the Nineteenth infantry. You will remember the highly complimentary account blished of his highly honorable conduct in joining the imeteenth infantry as a private. I have another equally creditable story to tell of him. As soon as Rousseau found young Mitchel bad joined his regiment (fo Rousseau’s division) he gave him a position as aid on his staff. When General Brannan was piaced in com- mand of the Third division he requested General Rous- seau to relieve Mitchel from duty on his staff, that he might be placed upon that of General Brannan, Rousseau declined. Brannan appealed to Kosecrans, and the young man was sent to Brannan, with whom he re- mained. In this department generals do not often baye innocent and good natured disputes for the possession of aids. This is the only instance | am able te recall. i PROMOTIONS. I have not before had occasion to say that Captain Kensa}l, of the Fifth artillery, has superseded Lieutenant Guenther in command of Battery H. Captain Kensal) bad formerly been on duty with Major Genera) B. F. Butler. ‘Ihe battery bas become famvus under Guenther and Ludlow as ‘‘Guenther’s Baitery.’’ Captain Kensall will doubtless uy) he good name it has won for itagif; ‘but be can hardly hope to have it calleld Keusall’s Bat. ‘ery’ in the same sense that it is cal'ed ‘Guenther’ Shiloh and Stone river dubbed it ‘“‘Guenther’s,”” May it never lose the reputation which it hag won ubder him. I was mistaken in saying or qutimating that Crittenden’s pa te a, 12 yoke » Thomas at this point, fy ville, I understand indirectly fram headquarters that he is to go around this place, and may be expected in their rear at Manchester soon. We hear nearing the intended and still stubborn section. On reach- | the sad to Beech Grove. The battle field of Wednesday | nothing from him; but I presume that he must be near ing Fairfield this noon Rosecrans learned that a rebel | was on the left of Rousseau and the right of Negley and | Manchester ere this. Should he be able to get and hold a enerai had been killed at Wantrace in the fight of the | Reynolds, and the pot from which I date this is the ition there, it will trouble Bragg to retire via Tulla- before; but he did not learn his name. I mentioned | centre of the line and centre of the field of to day. Thus and the railroad. Thomas is to be at Manchester the rumor-of Lieutenant posted, the advance was begun at five minutes past to-morrow, and headquarters of the department are to be ten and he told me of the A.M.,and was heralded by the opening of Le mma at Beech Grove, after two o'clock P. M., 27th inst. mor had not yet reached definiteness. If true, the rebels | battery (Company H, Fifth artillery), Captain A Mrs. Jehnsten, who came up to Gen. Rousseau’s have dost he their best men. Cleburoe is an Irishman, pesenchl eat ? headquarters a short time ago, requesting to bealiowed and was f¢ 4 THE ADVANCE OF THE RIGHT. to return to her home, now within our lines, reports that lish army. feet load of the war as On the right Colonel Walker encountered & small force and Polk are now at Beli he also says Private in the First ‘try, and was subse- | stationed beyond the stream, behind a iarze log house, that Gen. Preston Smith’s brigade was in reserve on tne ‘quently elected Colonel of it. At Bowling Green hecom- | which for afow moments rather retarded hi rt field. the rear guard of tbe reti forces, and won | until he got a regiment upon the right of the house ans I learn from the right wing that Col. John F. Mellor, @ brigadier’s commission at Shiloh. He was made a to pour upon them a destructive cross fire. They | commanding a brigade in Davis’ division, was yesterday major — after the invasion of Kent ,and suc- | immediately rotired, skirmishing at a lively rate, and | mortally wounded. He was a most gallant and admirable seuapaige he wenia commaed ef ne scignaen of Torwad'no the ridge which the enemy veld with bis i campaign he was for’ wi eeu. Tide, Polk and Wood. infantry and hal! Church's ay Wich Military Movements. lige te ott cs Save | Sat ad lt, Mig ar pone bib mate bee confounded wi | p be General Sandford has issued the following order relative of Cleburne’s staf, who killed in the at first. The done the bri but aod Gap. ad vy iid the Nenrconstehnes include bates rl alee, to the reorganization of the Tenth regiment New York cuanaR REGULAR BRIGADE. State Volunteers as one of the National Guard:— Jacon’s Sronz, ar Movma oF Hoovan's Gap, Tean.,} Pane armen npn seal plas; ghee Lil prc) Jarre 28, 1869. vance, had @ more beautiful field than either Walker on ‘Hhkapquarrens, Major General John Pope used to date his despatches eight | the right or Ham! ‘on the left, and the charge which Nay Yont, Ju fees” } or ten miles ahead of his position to the route he inten dea F saeiend Gide aeviooines Groel the mivance. | The Tenth regiment New Guard ts bere- taking. In dating this 1am imitating Pope; but Jacob's | universal exclamation of those who, frum the wes ae ce of the regia sciments of thls division, and ta Store ts only on the other side of the stream upon whose os rere 30 oun weet ee eee the Fourth brigade, under General date ‘ter thus to Men mov. most beaut or Bev Kwen. The regiment will be commanded by Lieutenan denks I sit, and am I compelled 10 aaah a wavering of becoming broken until the fence bebi Colonel Jobu Missing, late of the Tenth New York oon Give you any ides of my locality. which the enemy was reached. Here a short but | teers. He will appoint the staff officers of the regiment, ‘The cold and dismal rain which began to fall the day | brisk engagement ensued, resulting in the retreat and make his report of their names and residences to the General, who will then furnish requisitions tor }, uniforms, &c. The regiment, as soon as equipped, Feceive orders for transportation to Baltimore. By order of GeneratCHAS. W. SANDFORD. J. H. Wicox, Division Inspector. Colonel Bendix, formerty in command of the regiment, letter relative to matters which have heretofore delayed the formation of this corps:— TO THR EDITOR OF THE HERALD. x—You will oblige me by publishing the fellowing com. meeting of the Board of Officers, recruiting for the Teuth regiment, New York State National Guard, it was de- ¢ided to present, through me, to the public press the fotiow- ing statement:—Authority, sich aa is usual in the inception ‘all regimental formations, was given to me to raise a regi- ment, to be designated the National Guard. Upon thai ered the officers necessary f we left Murfreesboro, the 24th, continues, and the troops have suffered terribly. The gap is at the best a bad place to encamp, and the troops are in most cases without thelr tents, the single road not admitting of the moving Of the trains advantageously. ‘THE DIFFICU LTTES IN OUR FRONT. The dificulties-in our front still exist, and an attempt is to be made this morning to flank the position by demon- strating against Fairfield. Gen. Rousseau, commanding his own and Brannan’s division (which came up during the night), is to move two miles to the right , through a defile of the hills which surround us, until we can reach the Fairfield road. Then by moving forward in force he position, and again on the r7 rebels. In this gallant and brilliant little charge, made at a double quick for four or five hundred yards, the rebels were driven back in great disorder, throwing away their blankets and canteens, retreating to a position which had not yet been occupied. The loss of the brigaae in this few minutes’ en; it was about ten killed and twent; five wounded, principal loss falling upon the . teenth infantry. A few of the casualties of the brigade are given in the list. Major Cooledge, Sixteenth United States infantry, commanded, in the ih Tegiment New York Sate whosity, 1 in turn empow- orgaaization to raise com- will, if successful, cause the rebels to evacuate their posi- | °4:, He sent in several prisoners, and reports number | Dihies for guch regiment. Many of my former oflct tion'in our immediate front. We are as confident as he | & the rebols Killed by bis skirmishers, . Then came to my support. Eight muster rolls ‘of companies is that he will have «handsome engagement, however, | ,,/ did not witness the advance of Generals Reynolds and | each numbering over thirty-two men. were sent to the pro- Negiey, and cannot give in detail their operations. I heard no artillery, and understand that tbe rebels made bat little resistance after finding themselves flanked by Rousseau. Negley’s heavy line of skirmishers wa quite sufficient to drive back the force in his front. The posi tion taken by these divisions was that heid last night per office at Albany. Thereupon it was to be expected th Commiacions would be issued to ollicers of the line, A week passed, and no commissions had arri Meanwitle, some charge, 1t was intimated, had been advanced against myseif. It was surmised that this might have something to do with he dei A committee was appointed by the Hoard of before reaching Fairfield. At the same time, or perhaps a little later, Gens. Negley's and Reynolds’ divisions are to move on Beech Grove. A column of the rebels occupies what is called Matt’s Hol- lows, a defile through which the Beech Grove rol eee about four miles and a naif from this point, and t Ouicers to d to Albany to expedite affairs, » the ency iaced by the rebels, and from which they opened upon us very | The euergency in which the country was placed became ridge of bilis on that road within range of our present d daily wore imminent; the necessity which call position. Their camp fires were piainly visible there | DFskly for severn! minnie lun evening. fany furtherance fu tbeir plane of all that were willlog. ve yesterday. They are supporting two batteries which command the iow basin shaped grove ee which Rey- nolds and Negley will have to move to reach the road. ‘We are gradually coming to the conclusion that the rebels were not 80 unwise as we had supposed them to be ‘this hour, to march to their country's aid, more pressing At tne audience which Adjutant General Sprague at Albany a to the committee and myself, the General stated dis Uinctly that the charge preterredaagainat myself in nowise impeded the contemplated organivavion of the regiment, bat merely prevented iny being commissioned aa cologne! of such A bait of haifan hour followed the first charge, and Generals Rousseau and staff and Brannan and stall were gathered in a wheattield, in rear of the reguiar brigade, condoling with Captain Thompson, Eighteenth United States infantry, badly wounded in the lower part of the in giving up the gap and abandoning their works within regiment. He stated that no rolla had bees t hi it ithe position which they now hold is fully as strong pr ocr Rigen bd begga By Steed Sites, navi. foe. that, season ne commpiesione bad been teouna In appearanoe as that fortiied inthe middie of tbe gape | opened with shell upon. them, and the fi Fe iacceion, | Sonstituting line ofcers. However, upon search, the Folia It remains to be een whether oF not the route open to | Maye vor ane hill under which the reyuiars were rest” pat ge ye A Rousseau to flank them js a weakness. It is believed at | making fon tite the wake Micportly after, Steadman’s fieid, the men could be mus'cred headquarters that a desperate resistanco will be made brigade, in reserve of the regulars, baving been ordered States for three mouths or here, amd that quite a battle will be the result of to-day’s | Prats I Tete et formed live im {runt of the regu- | Oger af arogiment Or as 4 patlalion, according to numbers, My forward, adv pirate hfoed | They would then be comminsioned as volunteers, movemen| lars, throwing forward hag wl wee wr unl y mat 4 Bumber of oot m pany in come yous be atx! came . Captain Captain Kensal : ° con Y Jacon’s Stone, June 26—P. M. | tho'same time opened upon the rebel battery, and afer refore, beeu returned to the Fecrulling ‘ap- ‘I may now date my account of the day’s operations at | » few rounds the heavy cross fire of the two batteries poy gensenting “e S See ree liabtliy to this point with truth, for we have advanced # fow miles — Bo, LS at rat menkrioet and pape Ni = bow = iat "et ral eeget the . > u form, the ranks mot tained from our Position, and the store is now in the rear of our itioa gained the troops have now gone iavo ca out @umserical etandard. Teall whe bove co-epereees nk P. | pursuit will doubtless be continued to-morrow, and | the rebels will be pushed more rapidly. ‘THE REGKL FOR ke | Prisoners whom we have taken represent that they be. | Jong to Bates’ drigade, of General Stewart's division. I have been able to hear also of two other brigades which | line. JUNCTION OF THE FORCES. It was ten o'clock before General Brannan had succeed- ed. iff getting past the divisions of Negley and Reynolds, intervening between bim and Rousseau. They at iast ped With respect to the be Hated in some vidual instance, i can,ouly say chat eok the ap ma te sation the commandant of each company at the plank Defore mentioned as a rough, rugged knob, and and roads tho rebels are enabled to make & great display which overlooks the gap from the extreme at of forces, scattering their skirmishers in small squads to available spot in our froat. This is ove of the ad | tosce that no such person went on the de} ‘ which it is to the opposite extreme, three miles dis- pon 4 ery af the country, which the rebels | 4 ft at lf rilng boat ot fant, At my feet grow some very pretty wild | fully Sppreciate. Bat I presume the statements of the . My men bad been enlisted for various rebels to be true, and that Cleburne and Stewart are jn . our front. One of the rebels made a statement that Lragg to Vicksburg with the greater part of bis force, te term: could not. it seems to me, be ed to know not only the name and face, but also the service of every man in the regiment. i JOUN B. BENDIX, Late Colonel Commanding Tenth New York Volunteers. TENTH REGIMENT NRW YORK VOLUNTERRA. ‘The Tenth N. ¥. Vocunteers are ined again to be in the fleld, despite any obstacles which may be thrown in their way. Col, Bendix bas beon temporarily relieved of the command with bringing home some of his | men who had jeted tare years. in justification of | the Colone! we have the best authority for saying that he | did bis utmost to i$ Aneh a Occurrence; but it was | impossible to preveut a few of the men from ei the vigilance of their officers, who were stationed at «: Pointe to prevent them from going with the returning two | Years men, It ie an act Of injustice to ed ay Colonel, who has | 80 nobly and devotedly battled for Bie country since the Dreaking out of the rebellion. The Tenth was organized in this city, and not one cent came out of the public funds of tbe city, as it was rawed by the efforts uatiring { the Colong! and bis offers. We hope soon be pimced af the ead of his regiment, neon flowers, glistening with orystal drops of the cold, dismal rain which waa failing; and I could pot but wish that some other botanical and military stadent was in my piace, watching the operations of Rousseau’s improvised corps. Never jens, the scene was a most beautitul and interesting ope, and | expressed wo my friend, ¥.8., of the Cimcinnatt Garetie—who was laboring, during the intervals of the rain, to give a de- tailed description of the lively seene, with ite backgroud of maguifloeut bills—my regret that I something origins! upon the much battered HxKALD space and it$ value must be the apolgy for the want of original ideas on the part of tts correspondent, 1 cannot say that the developments of ihe day have fully enewered the expectstiona of the morning Jat ter of ths afternoon will bai diy coutan the speculations « this morning But the robe med. We have mare the dank march cotied, aud We Have taken (he position held by them Versonally, | am glad: provestonally, thas there has heen ne grert bat ‘do not think his statement in this regard as re! of the 23d nine says ‘that wo is at Wartrace, aud mentions the residence at which he has hia headquarters. James Smith, a native of Chetsoa, Mass., has lately been brought in, and makes the same ‘statemont, This man isa sailor, who was de. tained at Pensacula by the operation of the blockade, and huis been with the army a8 a cook, a lameness preventing him from being conscripted. He states that Ulayton's brigade was in the fight, and a citizen bamed Field, who hved jo the (ront, says that Bushrod Johnson's brigade eas itr the fight. Tam enabled to give the orgaoization | of the three brigades, baving at hand the r.ster of Bragg’s | forces. JORNON | BRIGADI—CLEBURNE'S DIVIRION. Dirlgacier General Huahrod Johuson, of Tennessee | 121h Tennessee intantry, Colnnel Marks 2d Tennessee iafantry utevant Keible store.” The es doth Tennessee infantry, Colonel Hughes. A BATTERY OF ARTILLERY TO BR RAISED BY THE | merous; but: nneseee infantry, Colonel Jona 8 Fulton COAL MmRORANTS. be divist tus i ons batery. The coal merchants of this city have ' oleven 'ciouk, i the fear of CLAYTON'S RRIGADR—ATRW ARTS DIVIIOON funds for tne Ot ralsing a Dattery of artili for we valey of rinon's Fork, Prigadier General HP. Clayton, of Alabama. the aelence of Penmylvea! five thousead | acwntry at toe 1 infautry, Colone) Haiseau. ready been ro by hore aud there « be whole felt | infantry. aitermace rene Ane ChaKRS autitul dies g between, Heyer. wes ize, won | 9th Alabane 00. rmishere ATEN PRIGADB—#TRWART'R DITICION, 15th Teonegnee infantry, Colonel Tyler, ¢~then... told me nut to take in any sail, but to formed a junction in the gap, half a mile in rear of the | were here. I . wheo the position was so easily Against myself, it seems to be jan the rear 'd of Ste e ied im thy tT phot by ereek. Isat upon the aide of a Inrge hill which I have | icles, thet Hates ean, By unowing the bills, bollows | = at F vrought home, aloes with | The City Advertising. SUPREME COURT—OBNBRAL TERM, Before Hon. Judges Sutberiand, Clerke and Leopard. - Jury 3.—Dhe People, at the relation of George Opdyke, ad ip thorized by the Mayr and Comptroller of fo eth who shall degigna’e four papers fe bd largest cirevdation, and any six others in their discretion, net exceed ten in all, ‘The question is whether the ‘daily circulation” men- fioned in the act be really the daily circulation, or the Mr. Field, for the Mayor, insists, First.—The question ‘answers itself. Tho statute means just what its mnguage expresses—tho largest daily circulation—an expression perfectly plain, which caunot be explained by apy para- phrase, The largest dutly circulation is just what the words bay nnips larzest daily Ln ‘The act does not even deciare that the papers published im New York, that being already provided by the ad- vertising acts as hereinafter stated. Fecond.—Statutes are to bé construed according to the ordivary meaning of their language. When a law ig plain and unambiguous, whether it be expressed in general or jimited terms, the Legislature should be intended to mean what they have plainly ex- pressed, and consequently no room ig left for construc- tion. (Fisher va. Blight, 2 Cranch. 368, 399.) In the construction ef both statutes and contracts, the intent of the framers is to be sought, first of all, in the words and: Janguage employed; and i€ the words are freo from ame biguity and doubt, avd express plainly, clearly and dis- tinctiy the sense of the framers of the instrument, there- ig no occasion to resort to other modes of interpretation. ‘The first resort in wil cases 1 to the natural significa tion of the words employed. If thus regarded, the words: \ | | embody a definite meaning which involves no ab- different: surdity and no contradiction between parts pf the same writing, then that meanip; t upon the face of the instrument, ie the one which: alone wo are at liberty to say was intended to be cone veyed. In such caso there 1s no room for construction. ‘Third—The words used in the present law, * Jargon daily cireulation.”’ are clear, unambiguous and would be: understood in the same sense by almost every person. The circulation of a newspaper is the use made of 16; extent of its circulation is the extent of ite use; and ig determined solely by the number of copies gold. To interpolate other words after the gest daily circulation” would be todo what the lawgiver has not done. Mr.-Brady, on the part of the Comptroller, ig an appeal /rom an order of Justice Welles, made io, cree IE armadyl mandamus to issue herein, Wu papers pul York, having tho largest daily circulation. viz: the Naw: Yorx Henacp, the New York Sun, the New Ri ate ma and the New York ‘Xmes, in which to publish the adver- tisement in pursuance of section 2 of the act of the Legia-- lature, chapter 227, passed April 24, 1863. ae second beonit ce u Reg il April - 1968,, requires, among other things, in order to justify ex- pending any moveys to expense incurred for J advertising in the city and county of New York, they shall appear in ‘four papers having the ciroulation,’’ to be designated by the Mayor and Comp troller, The Mayor wishes to name the Hgzaaup, Sun, Tribune and Times, as such four papers, taking their aggregate of circulation without reference to the localities: in which they are circulated, The Comptroller insists that the four papers selected should be those which. have the largest circu ation within the city and county of New York ‘the Mayor applies for a mandamus to ‘compel the Comptrolier to concur with bim. should net bo awarded, for the following reasons:-— Mr. Brady 8 points are:—First—The act imposes on the Mayor and Comptrotier a duty not only administrative,. “but also judicial iuits nature =Whatare the four papers: having the requisite circulation is a question of faet, to- be determined on-evidence. Second—A mandamus wild not lie to contro! the action of any officer or tribunal om. a question of fact, ‘Third.—Nor will it lie to compel am officer acting jadi+ ciaily to decide in a particular manner. And it is not to be granted in the case of a Court Or Judicial on the ground that there is no other remedy. One Juuge sek» jug by mandamus to compel another to agree with him,. is a remarkable anomaly Fourth.—The Comptrolier is right in bis constauction of ‘the statute in question. it is @ law affecting only the citye ef New York, passed in reference to sis appropriation and disbursement of municipal funds for exclusively muni- cipal purposes, and ailecting only officers of this muni- pality. The Mayor and Comptroller are the only muni+ cipal officers. Tho act in which the provision under con- sideration appears, is the Annual Tax Bill authoriziag the Snpervisors to raise money by tax “for the use the Corporation of the city of New York.” ‘fhe advertise- ments published for the city and county of New York are Buch ag relate to the administration of ite and matters of public concern therewith connected. charter of the city expressly requires the Figg gn) os eertain proceedings, weluding ordinances, &c., and yous for improvements, &c., whith ae ae the tax pa; or the citizens generally it is cl that the 08 publication is to inform the people of the hag representatives or agents are doing, and the mode effecting this result if to make the publication extensive as possible amongst the people of the local ‘A bewspaper might have the largest circulation, w of its thousands be circulated in the county of New York The Tribune or Times, with iesue for the city, might circulate thousands in Europe. posers cannot suppose that the hegial in restricting the expenditure of money for adv in relation to the alfuirs of the city of New York, to four papers having tne*‘iargest daily circulation,” the largest merely in number, without any regard place of circulaticn. If uch & law had ‘ben the city of Buffalo it would, according to satisfied by selecting & circulation of which was in the city Fifth—The Comptroller names four newspapers the largest daily ciroulation within the and of New York, and the Mayor should be wo pai we Sy ete J in ing them. order of Mr. Justice Welles should be reversed. Onunsel for ube Mayor, Menara Preld; ton: . » D. D. and D. H Comptroller, Mr. James T, Brady. . ‘The in the waivonen respecting the argument us contin ance of the work of the new Court House was also heard. and decision reserved. oak Esiseat “i ie® ah elit MONEY LICE. The case of the Police against the Police Commissioners for bendy nents of the Japanese bounty was postponed or term. The Scuttling of the Ship Senator. UNITED, STATES COMMISSIONERS COURT. (Before Joba A. Osborn, Raq.) JuLY 2.—The Uniled States v. Geo. W. Cunningham.— B will be recollected that, in August last, the large and ‘well known paoket ship called the Senator was despatched, joaded with coru for the suffering Irish; a large iosurance (about $65,000) was effected on the vessel and cargo, an when about five days out from Sandy Hook the vessel war scuttlod and abandned, and soon alterwards sunk. The agent of the underwriters, Mr. Isaac H. Upton, and ar. Scudder ,their counsel, employed Deputy L. Horton to investigate the matter and elicit the fetur from as many of the scattered crew as he could discover inand around New York and elsewhere. Mr. Horton took: the case m hands, visited various ships in the harbor, anc: after nive weeks’ labor succeeded In arresting the caytaim of the Senator, who is mow held to bail in the sum of $20,000. Deputy Horton Much credit for ihe Sagacity he has exercised on this occasion, which is of a TaGch importance to the public generally and wo the up derwr iters. from the testimony of Thomas R. Shute, firm mate of ‘4 been vot the Senator (who bu with ; at is used by yp pation in the crime, Witness), that in the mon'h of August, 1862, be jomed the Liverpool ; she saifec. ‘veuse! while tding in New York, on the 21st of August with a cargo of wheat for Li and anchored below Governors’ Isiand in the stream. or the next day they went over the bar ; on the afternoon a the first day out Captaia Cunpingham told witness that be wished the dimned old ship would go to the bottom, aud carry of all that ) could; i! the wind biew not to take in any sail, but to jet him another ship if the Cunningham asked me wo i keep watch while he_bor down in the hold; T no one came cear; the Captain be could trust me; be sald he could put ina plug leaked toy much. After the boring was done | mad plugs and put them in the holes; there aft, about one and balf inches each, there was one hole bored forward on the starboard bow; 1 was sent by } tain to plug this one up, @ testimony also went to show that | when about five hundred miles out from New York, al- most immediately after the crew and, capiain and had left her; the fad mate were the lant to leave in the small boat; they were taken up by another veaset committed by Justice . the ‘ate of bait mewtne doenke Counsel for the government and the underwriters Scudder, for the defendant, Mr. Noyes and Mr. on a 37h Teunerses infantry, Colonel Waive. 20tu ennessee MaMntTy , Colsmed Sm ii Ist Goosgia Dattaton. The man Srrith 40 whom | have referreg eave thes tthe line setug 4 err and po tue igus of