United States to utter such sentiments as Major Key is within proved to have done. Therefore, let Major John J. Key be forthwith dismissed from the military service of the United States. A. LINCOLN.

To THOMAS H. CLAY, CINCINNATI, OHIO.

War Department, October 8, 1862.

You can not have reflected seriously when you ask that I shall order General Morgan's command to Kentucky as a favor because they have marched from Cumberland Gap. The precedent established by it would eventually break up the whole army. Buell's old troops now in pursuit of Bragg have done more hard marching recently; and, in fact, if you include marching and fighting, there are scarcely any old troops east or west of the mountains that have not done as hard service.

I sincerely wish war was an easier and pleasanter business than it is, but it does not admit of holidays. On Morgan's command, where it is now sent, as I understand, depends the question whether the enemy will get to the Ohio river in another place.

A. LINCOLN.

LETTER TO GENERAL MCCLELLAN, OCTOBER 13, 1862. My Dear Sir.-You remember my speaking to you of what I called your over-cautiousness. Are you

not over-cautious when you assume that you can not do what the enemy is constantly doing? Should you not claim to be at least his equal in prowess and act upon the claim?

As I understand you telegraphed General Halleck

that you can not subsist your army at Winchester, unless the railroad from Harper's Ferry to that point be put in working order. But the enemy does now subsist his army at Winchester at a distance nearly twice as great from railroad transportation as you would have to do without the railroad last named. He now wagons from Culpepper Court-house, which is just about twice as far as you would have to do from Harper's Ferry. He is certainly not more than half as well provided with wagons as you are. I certainly should be pleased for you to have the advantage of the railroad from Harper's Ferry to Winchester; but it wastes all the remainder of autumn to give it to you, and in fact ignores the question of time, which can not and must not be ignored. Again, one of the standard maxims of war, as you know, is "to operate upon the enemy's communications as much as possible without exposing your own." You seem to act as if this applies against you, but can not apply in your favor. Change positions with the enemy, and think you not he would break your communication with Richmond within the next twenty-four hours? You dread his going into Pennsylvania.

But if he does so in full force he gives up his communications to you absolutely, and you have nothing to do but to follow and ruin him; if he does so with less than full force, fall upon and beat what is left behind all the easier.

Exclusive of the water line, you are now nearer Richmond than the enemy is by the route that you can, and he must take.

Why can you not reach there before him, unless

you admit that he is more than your equal on a march. His route is the arc of a circle, while yours is the chord. The roads are as good on yours as on his.

You know I desired, but did not order, you to cross the Potomac below instead of above the Shenandoah and Blue Ridge.

My idea was, that this would at once menace the enemy's communications, which I would seize if he would permit. If he should move northward, I would follow him closely, holding his communications. If he should prevent our seizing his communications, and move toward Richmond, I would press closely to him, fight him if a favorable opportunity should present, and at least try to beat him to Richmond on the inside track. I say "try;" if we never try, we shall never succeed. If he make a stand at Winchester, moving neither north nor south, I would fight him there, on the idea that if we can not beat him, when he bears the wastage of coming to us, we never can when we bear the wastage of going to him. This proposition is a simple truth, and is too important to be lost sight of for a moment. In coming to us, he tenders us an advantage which we should not waive. We should not so operate as to merely drive him away. As we must beat him somewhere, or fail finally, we can do it, if at all, easier near to us than far away. If we can not beat the enemy where he now is, we never can, he again being within the intrenchments at Richmond. Recurring to the inside track, the

idea of going to Richmond on the

facility of supplying from the side away from the

enemy, is remarkable, as it were, by the different spokes of a wheel, extending from the hub toward the rim, and this whether you move directly by the chord or on the inside arc, hugging the Blue Ridge more closely. The chord line, as you see, carries you by Aldie, Haymarket, and Fredericksburg, and you see how turnpikes, railroads, and finally the Potomac, by Aquia creek, meet you at all points from Washington. The same, only the lines lengthened a little, if you press closer to the Blue Ridge part of the way. The gaps through the Blue Ridge I understand to be about the following distances from Harper's Ferry, to wit: Vestals, five miles; Gregory's, thirteen; Snicker's, eighteen; Ashby's, twenty-eight; Manassas, thirty-eight; Chester, forty-five; and Thornton's, fifty-three. I should think it preferable to take the route nearest the enemy, disabling him to make an important move without your knowledge, and compelling him to keep his forces together for dread of you. The gaps would enable you to attack if you should wish. For a great part of the way you would be practically between the enemy and both Washington and Richmond, enabling us to spare you the greatest number of troops from here. When, at length, running for Richmond ahead of him, enables him to move this way; if he does so, turn and attack him in the rear. But I think he should be engaged long before such point is reached. It is all easy if your troops march as well as the enemy, and it is unmanly to say they can not do it. This letter is in no sense an order. Yours, truly, A. LINCOLN.

ORDER ESTABLISHING A PROVISIONAL COURT.

Executive Mansion, Washington, Oct. 20, 1862. The insurrection which has for some time prevailed in several of the states in this Union, including Louisiana, having temporarily subverted and swept away the civil institutions of that state, including the judiciary and the judicial authorities of the Union, so that it has become necessary to hold the state in military occupation, and it being indispensably necessary that there shall be some judicial tribunal existing there capable of administering justice, I have therefore thought it proper to appoint, and I do hereby constitute a provisional court, which shall be a court of record for the State of Louisiana, and I do hereby appoint Charles A. Peabody, of New York, to be a provisional judge to hold such court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly with all such powers and jurisdiction as belong to the district and circuit court of the United States, conforming his proceedings, as far as possible, to the course of proceedings and practice which has been customary in the courts of the United States and Louisiana-his judgment to be final and conclusive. And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and to appoint a prosecuting attorney, marshal and clerk of the said court, who shall perform the functions of attorney, marshal and clerk according to such proceedings and practice as before mentioned, and such rules and regulations as may be made and