The weak condition of his artillery-horses and the bad state of the roads, made worse by the retiring army, prevented General Lee from attempting to pursue; and the approach of winter, always rigorous in that mountain-region, closed the campaign with a small but brilliant action in which General H. R. Jackson repelled an attack of a greatly superior force, inflicting severe loss on the assailants, and losing but six of his own command.

With the close of active operations, General Lee returned to Richmond, and, though subjected to depreciatory criticism by the carpet-knights who make campaigns on assumed hypotheses, he with characteristic self-abnegation made no defense of himself, not even presenting an official report of his night-march in the Cheat Mountain, but orally he stated to me the facts which have formed the basis of this sketch. My estimate of General Lee, my confidence in his ability, zeal, and fidelity, rested on a foundation not to be shaken by such criticism as I have noticed. I had no more doubt then, than after his fame had been securely established, that, whenever he had the opportunity to prove his worth, he would secure public appreciation. Therefore, as affairs on the coast of South Carolina and Georgia were in an unsatisfactory condition, he was directed to go there and take such measures for the defense, particularly of Savannah and Charleston, as he should find needful. Lest the newspaper attack should have created unjust and unfavorable impressions in regard to him, I thought it desirable to write to Governor Pickens and tell him what manner of man he was who had been sent to South Carolina.

After the withdrawal of the Confederate army from Fairfax Court-House and the positions which had been occupied in front of that place, a movement was made by the enemy to cross the Potomac near Leesburg, where we had, under the command of Brigadier General N. S. Evans, of South Carolina, four regiments of infantry (i.e., the Thirteenth, Seventeenth, and Eighteenth Mississippi, and the Eighth Virginia), commanded respectively by Colonels Barksdale, Featherston, Burt, and Hunton, a small detachment of cavalry, under Lieutenant-Colonel Jenifer, and some pieces of artillery.

On the 21st of October the enemy commenced crossing the river at Edwards's Ferry. A brigade was thrown over and met by the Thirteenth Mississippi, which held them in check at the point of crossing. In the mean time another brigade was thrown over at Ball's Bluff, and, as troops continued to cross at that point, where the Eighth Virginia had engaged them, General Evans ordered up the Seventeenth and Eighteenth Mississippi, and the three regiments made such an impetuous attack as to drive back the enemy to the bluff, and their leader, Colonel Baker, having fallen, a panic seemed to seize the command, so that they rushed headlong down the bluff, and crowded into the flat-boats, which were their means of transportation, in such numbers that they were sunk, and many of the foe were drowned in their attempt to swim the river. The loss of the enemy, prisoners included, exceeded the number of our troops in the action. The Confederate loss was reported to be thirty-six killed, one hundred and seventeen wounded, and two captured; total, one hundred and fifty-five. Among the killed was the gallant Colonel Burt, a much-respected citizen of Mississippi, where he had held high civil station, and where his death was long deplored.

CHAPTER XI.

The Issue.—The American Idea of Government.—Who was responsible for the War?—Situation of Virginia.—Concentration of the Enemy against Richmond.—Our Difficulty.—Unjust Criticisms.—The Facts set forth.—Organization of the Army.—Conference at Fairfax Court-House.—Inaction of the Army.—Capture of Romney.—Troops ordered to retire to the Valley.—Discipline.—General Johnston regards his Position as unsafe.—The First Policy.—Retreat of General Johnston.—The Plans of the Enemy.—Our Strength magnified by the Enemy.—Stores destroyed.—The Trent Affair.

It has been shown that the Southern States, by their representatives in the two Houses of Congress, consistently endeavored even to the last day, when they were by their constituents permitted to remain in the halls of Federal legislation, to maintain the Constitution, and preserve the Union which the States had by their independent action ordained and established. On the other hand, proof has been adduced to show that the Northern States, by a majority of their representatives in the Congress, had persisted in agitation injurious to the welfare and tranquillity of the Southern States, and at the last moment had refused to make any concessions, or to offer any guarantees to check the current toward secession of the complaining States, whose love for the Union rendered them willing to accept less than justice should have readily accorded. The issue was then presented between submission to empire of the North, or the severance of those ties consecrated by many memories, and strengthened by those habits which render every people reluctant to sever long-existing associations.

The authorities heretofore cited have, I must believe, conclusively shown that the question of changing their government was one that the States had the power to decide by virtue of the unalienable right announced in the Declaration of Independence, and which had been proudly denominated the American idea of government. The hope and the wish of the people of the South were that the disagreeable necessity of separation would be peacefully met, and be followed by such commercial regulations as would least disturb the prosperity and future intercourse of the separated States. Every step taken by the Confederate Government was directed toward that end. The separation of the States having been decided on, it was sought to effect it in such manner as would be just to the parties concerned, and preserve as far as possible, under separate governments, the fraternal and mutually beneficial relations which had existed between the States when united, and which it was the object of their compact of union to secure. To all the proofs heretofore offered I confidently refer for the establishment of the fact that whatever of bloodshed, of devastation, or shock to republican government has resulted from the war, is to be charged to the Northern States. The invasions of the Southern States, for purposes of coercion, were in violation of the written Constitution, and the attempt to subjugate sovereign States, under the pretext of "preserving the Union," was alike offensive to law, to good morals, and the proper use of language. The Union was the voluntary junction of free and independent States; to subjugate any of them was to destroy constituent parts, and necessarily, therefore, must be the destruction of the Union itself.

That the Southern States were satisfied with a Federal Government such as their fathers had formed, was shown by their adoption of a Constitution so little differing from the instrument of 1787. It was against the violations of that instrument, and usurpations offensive to their pride and injurious to their interests, that they remonstrated, argued, and finally appealed to the inherent, undelegated power of the States to judge of their wrongs, and of the "mode and measure of redress."