The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-03

was by states in perfect standing in the
Union. In those states all the laws ano
the Interpretation of the courts and the
constitution were acknowledged and II
full force and effect. Notification de
stroyed the constitutional status of equal
ity in the states, and in fact Itself de-
stroyed the Union. Chief Justice Mar
shall had so construed the act DAME
Webster was a member Of the Senate
committee which reported the act OF
March 2, 1882, and was the reputed au.
thor Andrew Jackson, President, signee
the act. The effect was to disqualifS
every man, woman and child in Soutf
Carolina for citizenship, the privileges
of the electorate, of course, included.
The principle of the act of 1882 hac
never been renowned by Congress or by
the courts. The liberty laws" of every
state that voted for Lincoln in 1860, ex
cept California and Oregon, came within
the meaning of the act of 1882 and dis
qualified those states for the exercise OF
the electorate in the presidential elec'
ton of 1860 as effectively as secession dis
qualified the southern states In 1864
General Johnston was profoundly dis
turbed by the Interpretation of the
science of war displayed by this govern
ment at Richmond at the outset of the
conflict. He foresaw plainly that If the
northern people were to be permitted II
security to operate their mills and foun'
dries in peace, maintain their railroads
and their banks, cultivate their farms II
security, they could find men enough al
home and in Europe to hire to overrur
the Confederacy and dispense the small
Confederate armies, scattered here anc
there along the coast and the rivers ant
railroads OF the interior. He wrote the
following letter to the President s Off
cial adviser. General Lee was then helC
by the President at Richmond, very mucf
against his will. Johnston knew Lee in
timately and knew the alarm Lee felt
The letter, of course. was the way chosen
to reach the President:
Headquarters,
Lees House. April 80, 1862.
General r. e. Lee:
General: We are engaged in species
of warfare at which we can never win.
ut is plain that General Mcclellan
will adhere to the system of warfare
adopted by him last summer. and depend
for success upon artillery and engineer
ing. We can compete with him In neither
I'VE must therefore change our course
take the offensive, collect all the troops
we have in the east and cross the Pc
tomac with them, while Beauregard
with all he has in the west, invades Ohio
"Our troops have always wished fol
the offensive, and so does the country
Please submit this suggestion to the
President We can have no success while
Mcclellan is allowed, as he is by our de
fensive, to choose his mode of warfare.
Most respectfully your obedient ser
want, ]. E. JOHNSTON,
General
There was no mistaking the meaning
If the Confederacy would preserve the
institution of slavery and protect the
homes of the people. its battle must be
fought out on northern soil. That, or in
evitable ruin.
This same advice to the President ha6
been given to him In person at army
headquarters at Centerville, six months
before, In the presence of Beauregard
who concurred heartily. and so did Gus
tavus w. Smith. present.
Nothing came of the letter. So late one
afternoon General Johnston mounted his
blood mare and galloped the forty miles
to Richmond by sunrise. In the Presi-
dents office, Secretary of War Benjamin
and General Lee being present. he argued
the advice over and over. He urged that
all troops from the South Carolina coast
and other places, not Immediately neces-
sary there, be concentrated on the Pen
Ursula and Mcclellan be overwhelmed
then the invasive policy might be at once
entered upon. Nothing came of this ad-
vice.
On the night of May 30 General John.
ston found the heavy rains of that day
had caused a flood in the Chickahominy
making the stream impossible. He knew
that Mcclellan had two divisions of his
army, some 25,O00 men, perhaps. in CAM
on the near side of the river, In striking
distance of him. He ordered a prompt
attack on these divisions the next morn
ing This was the battle of Seven Pines
The attack was successful. About dusk
of the evening of the battle General
Johnston sat his horse on the front line
making dispositions for renewal of the
combat at dawn the next day, June l. He
was struck in the upper left arm by a
bullet and almost instantly a fragment
of shell, striking the left shoulder, un'
horsed him. AS he lay on the ground the
President rode UP, expressed deep regret
and awaited on the spot while the
wounded commander was removed.
Major General Gustavus w. Smith. mex
In rank on the field. took command, and
under him the battle of June l was con
Quoted. General Lee was Immediately
ordered to the command of the army anc
retained it permanently. d. II. Hills di-
vision did the fighting on May 81. anc
there Rhodes brigade Of Alabamians Sc
covered themselves with glory.
Late in November General Johnston
found his wound recovered sufficiently tC
allow him to take the field. He reported
to the war office for duty. The secretary
then General Randolph, informed hin
that he would go to Chattanooga. make
his headquarters there, and command al
the territory between the Savannah river
and the Mississippi. This included
Bragg's army, then at Murfreesboro
Tenn, and Pemberton's, then in Mssis
sippi. There were other smaller bodies
of troops, one at Knoxville, under Kirby
Smith, and another at Mobile, under
Dabney Maury, among them. Johnston
remarked to Secretary Randolph along
the line of his favorite policy. concentra-
ton of scattered armies and invasion oil
the north. He now proposed that Holmes
with his 10000 idle troops in Arkansas, bt
brought over to Mississippi, unite there
with Pemberton. drive Grant out OF
northern Mississippi, then all join Bragg
at Murfreesboro drive Rosecrans across
the Ohio and with the 100000 Confeder'
ates flushed with success. fix the war or
northern soil as long as the gov
eminent at Washington desired to keel
up the conflict General Randolph tool