War of the Rebellion: Serial 034 Page 0728 KY.,MID.AND E.TENN.,N.ALA.,AND SW.VA. Chapter XXXV.

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JULY 11, 1863-12.45 p.m.

Commander LEROY FITCH,

Gunboat Moose, New Albany:

Dispatch received. Morgan i now supposed to be not far from Vernon. He may attempt to cross above Madison, or he may turn and try to cross below Louisville. I will try to communicate to you all the information I get of his movements by telegraph.

A. E. BURNSIDE,

Major-General.

NEW ALBANY, July 11, 1863. [Received July 12-12.30 a.m.]

Major-General BURNSIDE:

Your telegram received. Two boats above the falls this morning. Will do my utmost to intercept Morgan. Boat will be at Madison to receive dispatch. Two boats will be on constant patrol from Louisville to Carrollton. Please telegraph gunboat at Madison, also at New Albany, when you get word of Morgan's whereabouts.

LEROY FITCH,

Lieutenant-Commander.

P. S.-Gunboats above Louisville have just fallen in with and driven back some of Morgan's men. Forty-five succeeded in getting across; the rest were driven back. Some of them were drowned. Morgan reported to be at or near Memphis, Ind.

INDIANAPOLIS, IND., July 11, 1863-9.45 p.m.

Hon. E. M. STANTON,

Secretary of War:

I send you copy of a dispatch received from General Burnside, and my answer:

CINCINNATI, July 11, 1863.

Gov. O. P. MORTON:*

I am decidedly of the opinion that martial law should be declared in this department, with the condition that it is not to interfere with any civil matters, either public or private, except in instances to be enumerated. It should be done with a view of more readily controlling the militia force in the department. Neither official nor private business need be interfered with. I am not willing to take this step, however, without consultation with the Governors of the different States, and therefore request your acquiescence. Please answer as soon as possible.

A. E. BURNSIDE,

Major-General.

Major General AMBROSE E. BURNSIDE,

Commanding Department of the Ohio, Cincinnati:

If I understand the purpose to be accomplished by declaring martial law in your department, I am opposed to it, as I am unable to see any good to grow out of it, but much possible harm. So far as the present invasion of Indiana is concerned, it can certainly do no good; and so far as calling out and organizing the militia, either to repel invasion or maintain order, I am satisfied it can be better done by State than Federal authority. I say to you, frankly, that so far as Indiana is concerned, it would be highly inexpedient, in my judgment.

O. P. MORTON,

Governor.

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*Same to Governors Tod, of Ohio; Robinson, of Kentucky; Blair, of Michigan, and Yates, of Illinois.

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