Henderson, Hicks, Howe, Kennedy, Lane of Indiana, Latham, McDougall, Powell, Richardson, Saulsbury, Turpie, Willey, Wilson of Missouri-18. March 2-The House concurred in the amendment without debate, under the previous question. First Session, Thirty-Eighth Congress. IN SENATE. NAYS-Messrs. Alley, Ames, Anderson, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Dawes, Deming, Dixon, Driggs, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hulburd, Ingersoll, Julian, Kelley, Orlando Kellogg, Knox, Loan, Longyear, Marvin, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, 1864, February 10-Mr. SUMNER offered the Smithers, Stevens, Thayer, Upson, Ellihu B. Washburne, following: Resolved, That the Committee on the District of Columbia be directed to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of Columbia. Which was agreed to-yeas 30, nays 10, as follows: William B. Washburn, Williams, Wilder, Wilson, Windom, Woodbridge-76. And the bill passed the House and was approved by the President. IN SENATE. June 21--On a supplement to the charter of the Washington and Georgetown Railroad ComYEAS-Messrs. Anthony, Brown, Chandler, Clark, Colla-pany, in Committee of the Whole, Mr. SUMNER mer, Conness, Cowan, Dixon, Fessenden, Foot, Foster, moved to insert: Grimes, Hale, Harlan, Harris, Howard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson -30. NAYS-Messrs. Buckalew, Davis, Harding, Hendricks, Nesmith, Powell, Richardson, Riddle, Saulsbury, Van Winkle-10. February 24-Mr. WILLEY, from the Committee on the District of Columbia, made this report, and the committee were discharged: The Committee on the District of Columbia, who were required by resolution of the Senate, passed February 8, 1864, "to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of Columbia," have had the matter thus referred to them under consideration, and beg leave to report: The act entitled "An act to incorporate the Washington and Georgetown Railroad Company," approved May 17, 1862, makes no distinction as to passengers over said road on account of the color of the passenger, and that in the opinion of the committee colored persons are entitled to all the privileges of said road which other persons have, and to all the remedies for any denial or breach of such privileges which belong to any person. The committee therefore ask to be discharged from the further consideration of the premises. March 17-The Senate considered the bill to incorporate the Metropolitan Railroad Company, in the District of Columbia, the pending question being an amendment, offered by Mr. SUMNER, to add to the fourteenth section the words: Provided, That there shall be no regulation excluding any person from any car on account of color. Which was agreed to-yeas 19, nays 17, as follows: YEAS-Messrs. Anthony, Brown, Clark, Conness, Fessenden, Foot, Foster, Grimes, Harlan, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkinson, Wilson-19. NAYS-Messrs. Buckalew, Carlile, Davis, Doolittle, Harding, Harris, Hendricks, Johnson, Lane of Indiana, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey-17. The bill then passed the Senate. June 19--The House refused to strike out the proviso last adopted in the Senate-yeas 62, nays 76, as follows: YEAS-Messrs. James C. Allen, William J. Allen, Ancona, Baily, Augustus C. Baldwin, Blair, Bliss, Brooks, James S. Brown, William G. Brown, Chanler, Coffroth, Cravens, Daw son, Denison, Eden, Edgerton, Eldridge, Finck, Ganson, Grider, Griswold, Harding, Charles M. Harris, Holman, Hutchins, Philip Johnson, William Johnson, Kernan, Knapp, Law, Lazear, Le Blond, Long, Mallory, Marcy, McDowell, Mc Kinney, Middleton, Wm. II. Miller, James R. Morris, Morrison, Nelson, Noble, Pendleton, Perry, Pruyn, Radford, Samuel J. Randall, J. S. Rollins, Ross, Scott, John B. Steele, Stiles, Stuart, Thomas, Wadsworth, Ward, Whaley, Wheeler, Joseph W. White Winfield-62. Provided, That there shall be no exclusion of any person from any car on account of color. Which was rejected-yeas 14, nays 16, as follows: YEAS-Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Dixon, Foot, Howard, Morgan, Pomeroy, Sumner, Wade, Wilson-14. NAYS Buckalew, Carlile, Cowan, Davis, Foster, Grimes, Hendricks, Johnson, Lane of Indiana, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Willey-16. the amendment, which was agreed to—yeas 17, Same day, in the Senate, Mr. SUMNER renewed nays 16: YEAS-Messrs. Brown, Clark, Conness, Dixon, Foot, Hale, Ramsey, Sprague, Sumner, Wade, Wilson-17. Harlan, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Grimes, Johnson, Lane of Indiana, Powell, Riddle, Sauls NAYS-Messrs. Buckalew, Carlile, Cowan, Doolittle, Foster, bury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey-16. The bill then passed the Senate-yeas 23, Lane of Indiana, Powell, Riddle, Saulsbury.) nays 8, (Messrs. Buckalew, Carlile, Cowan, Hale, tabled the report of the Committee of ConferJune 29-The bill fell, the House having ence on the disagreeing votes of the two Houses on it. COLORED PERSONS AS WITNESSES. (See App.) Second Session, Thirty-Seventh Congress. IN SENATE. Pending the confiscation bill, June 28, 1862, Mr. SUMNER moved these words as an addition to the 14th section: And in all proceedings under this act there shall be no exclusion of any witness on account of color. Which was rejected-yeas 14, nays 25, as follows: YEAS-Messrs. Chandler, Grimes, Harlan, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wade, Wilkinson, Wilmot-14. NAY-Messrs. Anthony, Browning, Carlile, Clark, Collamer, Cowan, Davis, Dixon, Doolittle. Fessenden, Foot, Foster, Harris, Henderson, Lane of Indiana, Nesmith, Pearce, Powell, Sherman, Simmons, Stark, Ten Eyck, Willey, Wison of Missouri, Wright-25. Pending the consideration of the supplement to the emancipation bill for the District of Columbia, 1862, July 7-Mr. SUMNER moved a new section: That in all the judicial proceedings in the District of Columbia there shall be no exclusion of any witness on account of color. Which was adopted-yeas 25, nays 11, as follows: YEAS-Messrs. Anthony, Chandler, Clark, Collamer, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, King, Lane of Kansas, Morrill, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts-25. NATS-Messrs. Browning, Carlile, Cowan, Davis, HenderBon, Kennedy, McDougall, Powell, Rice, Willey, Wright-11. The bill then passed-yeas 29, nays 6, (Messrs. Carlile, Davis, Kennedy, Powell, Wilson, of Missouri, Wright.) July 9-The bill passed the House-yeas 69, nays 36. There was no separate vote on the above proposition. The NAYS were: NAYS-Messrs. William Allen, Ancona, Baily, Biddle, Jacob B. Blair, Clements, Cobb, Corning, Cox, Crisfield, Dunlap, English, Foruke, Grider, Harding, Knapp, Law, Lazar, Mallory, Maynard, Menzies, Morris, Nugen, Pendle ton, Perry, Richardson, James S. Rollins, Shiel, John B. Stele, William G. Steele, Stiles, Francis Thomas, Voorhees, Ward, Webster, Wood-36. Pending the consideration in the Senate of the House bill in relation to the competency of witnesses in trials of equity and admiralty, 1862, July 15-Mr SUMNER offered this proviso to the first section: Provided, That there shall be no exclusion of any witness on account of color. Which was rejected-yeas 14, nays 23, as follows: YEAS-Messrs. Chandler, Grimes, Harlan, Howard, Howe, King, Lane of Kansas, Pomeroy, Rice, Sumner, Wade, Wilkinson, Wilmot, Wilson of Massachusetts-14. NAYS-Messrs. Anthony, Bayard, Browning, Clark, Cowan, Davis, Doolittle, Foster, Hale, Harris, Henderson, Kennedy, Lane of Indiana, Powell, Saulsbury, Sherman, Simmons, Stark, Ten Eyck, Trumbull, Willey, Wilson of Missouri, Wright-23. First Session, Thirty-Eighth Congress. 1864, June 25-Pending the civil appropriation bill, in Committee of the Whole, Mr. SUMNER offered this proviso: Provided, That in the courts of the United States there shall be no exclusion of any witness on account of color. Mr BUCKALEW moved to add : Nor in civil actions because he is a party to or interested in the issue tried. Which was agreed to; and the amendment as amended was agreed to-yeas 22, nays 16, as follows: YEAS-Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Foot, Foster, Grimes, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Sprague, Sumner, Wade, Wilkinson, Wilson-22. NAYS-Messrs. Buckalew, Carlile, Cowan, Davis, Harris, Hendricks, Hicks, Johnson, Nesmith, Powell, Richardson, Saulsbury, Sherman, Trumbull, Van Winkle, Willey-16. The Senate subsequently concurred in this amendment-yeas 29, nays 10, as follows: YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Wade, Wilkinson, Wilson -29. NAYS-Messrs. Buckalew, Carlile, Hendricks, Hicks, Nes IN HOUSE. June 29-The question being on agreeing to the amendment, Mr. MALLORY moved to add this proviso to the section amended in the Senate: Provided, That negro testimony shall only be taken in the United States courts in those States the laws of which authorize such testimony. Which was rejected-yeas 47, nays 66. The amendment of the Senate was then agreed to-yeas 68, nays 48, as follows: YEAS-Messrs. Allison, Ames, Arnold, Ashley, Baily, John D. Baldwin, Beaman, Boutwell, Boyd, Broomall, Cobb, Cole, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Higby, Hooper, Hotchkiss, Hulburd, Ingersoll, Jenckes, Julian, F. W. Kellogg, Orlando Kellogg, Knox, Littlejohn, Loan, Longyear, McBride, McClurg, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Patterson, Perham, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Smithers, Spalding, Stevens, Thayer, Upson, Van Valkenburgh, Ellihu B. Washburne, William B. Washburn, Williams, Wilder, Wilson, Win dom-68. NAYS-Messrs. William J. Allen, Ancona, Augustus C. Baldwin, Blair, Bliss, Brooks, William G. Brown, Chanler, Coffroth, Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Harding, Benjamin G. Harris, Charles M. Harris, Herrick, Holman, William Johnson, Knapp, Le Blond, Mallory, Marcy, James R. Morris, Morrison, Noble, John O'Neill, Pen dleton, Perry, Samuel J. Randall, Robinson, Ross, John B. Steele, William G. Steele, Stiles, Strouse, Stuart, Thomas, Tracy, Wadsworth, Ward, Webster, Whaley, Wheeler, Chil ton A. White, Joseph W. White-48. REPEAL OF LAWS REGULATING THE COASTWISE SLAVE TRADE. First Session, Thirty-Eighth Congress. 1864, June 25-Mr. SUMNER offered this additional section, the Senate sitting as in Committee of the Whole, pending the consideration of the civil bill: And be it further enacted, That sections eight and nine of the act entitled "An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the 1st day of January, in the year of our Lord 1808," which sections undertake to regulate the coastwise slave trade, are hereby repealed, and the coastwise slave trade prohibited forever. Which was rejected-yeas 13, nays 20, as follows: YEAS-Messrs. Conness, Grimes, Harlan, Howard, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Wade, Wilson-13. NAYS-Messrs. Buckalew, Carlile, Clark, Collamer, Cowan, Davis, Harris, Hendricks, Hicks, Howe, Johnson, McDou gall, Nesmith, Powell, Richardson, Riddle, Saulsbury, Sherman, Trumbull, Van Winkle-20. Same day, in open Senate, Mr. SUMNER renewed the amendment, which was agreed to-yeas 23, nays 14, as follows: YEAS-Messrs. Anthony, Brown, Chandler, Conness, Dixon, Doolittle,* Fessenden, Foot, Harlan, Harris, Howard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Sprague, Sumner, Ten Eyck, Wade, Wilkinson, Wilson-23. NAYS-Messrs. Buckalew, Carlile, Clark, Hendricks, Hicks, Johnson, Lane of Indiana, Nesmith, Powell, Richardson, Saulsbury, Sherman, Trumbull, Van Winkle, Willey-14. The bill passed the Senate-yeas 32, nays 4, mith, Powell, Saulsbury, Trumbull, Van Winkle, Willey (Messrs. Carlile, Hendricks, Powell, Saulsbury.) -10. * Before this vote was taken, Mr. SHERMAN said: "It is due to myself to say in explanation that I voted against and opposed this amendment for the sole ground, as I stated, that it ought not to be put upon this bill. That Is my deliberate conviction yet; but as the Senate have by a majority vote decided to put the amendment on the bill in spite of my remonstrances and resistance, I feel bound now to vote according to my conviction on the merits of the proposition." June 29-The House agreed to the amendment without a division, after a brief debate. Before the vote was taken, Mr. DOOLITTLE said: "I voted against this amendment before on the ground that I did not like to vote for such measures on appropria tion Iills; but two or three others have been put on, and if this is to be legislated upon, as I am in favor of the abolition of the coastwise slave trade, I shall vote in the affirmative." T. W. HIGGINSON'S PARTICIPATION IN THE BURNS | Government cannot close its ears to the demand you have made for assistance. I have ordered troops to cross the river. They come as your friends and brothers-as enemies CASE. 1864, March 14-Mr. DAVIS offered this res-only to armed rebels, who are preying upon you; your olution: Whereas in the history of the attempt to rescue Anthony Burns, a fugitive slave from the State of Virginia, from the custody of the United States officers in Boston, in 1854, it is represented, and it is also generally reported, that T. W. Higginson, now the colonel of a regiment of negro troops in the service of the United States, led, or was engaged in, an assault made by a body of men, with force and arms, upon the court-house in Boston, where the said Anthony Burns was held in the custody of the law and officers of the United States, with the intent and purpose of forcibly rescuing him from such custody; and whereas it is represented and generally reported that a citizen of the United States, then having the custody of said Burns, was killed and murdered by said assailants: Therefore, be it homes, your families, and your property are safe under our protection. All your rights shall be religiously respected, notwithstanding all that has been said by the traitors to induce you to believe our advent among you will be signalized by an interference with your slaves. Understand one thing clearly: not only will we abstain from all such interference, but we will, on the contrary, with an iron hand crush any attempt at insurrection on their part. Now that we are in your midst, I call upon you to fly to arms and support the General Government; sever the connection that binds you to traitors; proclaim to the world that the faith and loyalty so long boasted by the Old Dominion are still preserved in Western Virginia, and that you remain true to the stars and stripes. G. B. MCCLELLAN, Major General Commanding. TION. Resolved, That the president of the Senate appoint a committee of three members of the Senate to investigate whether MAJOR GENERAL ROBERT PATTERSON'S PROCLAMAthe said T. W. Higginson had any connection, and if any, what, with the said attempt to rescue the said Burns, and with the killing and murdering of any person having his custody, and that said committee have power to send for persons and papers. WESTERN VIRGINIA. HEADQUARTERS DEPARTMENT OF OHIO, To the Union men of Western Virginia: you from expressing your loyalty at the polls. Having failed in this infamous attempt to deprive you of the exercise of your dearest rights, they now seek to inaugurate a reign of terror, and thus force you to yield to their schemes and submit to the yoke of the traitorous conspiracy dignified by the name of the Southern Confederacy. They are destroying the property of citizens of your State and ruining your magnificent railways. The General Government has heretofore carefully abstained from sending troops across the Ohio, or even from posting them along its banks, although frequently urged by many of your prominent citizens to do so. It determined to wait the result of the State election, desirous that no one might be able to say that the slightest effort had been made from this side to influence the free expression of your opinions, although the many agencies brought to bear upon you by the rebels were well known. You have now shown, under the most adverse circumstances, that the great mass of the people of Western Virginia are true and loyal to that beneficent Government under which we and our fathers lived so long. As soon as the result of the election was known the traitors commenced their work of destruction. The General HEADQUARTERS DEPARTMENT OF PENNSYLVANIA. To the United States Troops of this Department: The restraint which has necessarily been imposed upon you, impatient to overcome those who have raised their parricidal hands against our country, is about to be removed. You will soon meet the insurgents. You are not the aggressors. A turbulent faction, misled by ambitious rulers, in times of profound peace and national prosperity, have occupied your forts and turned the guns against you; have seized your arsenals and armories, and appropriated to themselves Government supplies; have arrested and held as prisoners your companions marching to their homes under State pledge of security, and have captured vessels and provisions voluntarily assured by State legislation from molestation, and now seek to perpetuate a reign of terror over loyal citizens. They have invaded a loyal State, and entrenched themselves within its boundaries in defiance of its constituted authorities. You are going on American soil to sustain the civil power, to relieve the oppressed, and to retake that which is unlawfully held. You must bear in mind you are going for the good of the whole country, and that, while it is your duty to punish sedition, you must protect the loyal, and, should the occa sion offer, at once suppress servile insurrection. Success will crown your efforts; a grateful country and a happy people will reward you. By order of MAJOR GENERAL PATTERSON: F. J. PORTER, Asst. Adj. General. SECRETARY CAMERON'S LETTER TO GEN. BUTLER. WASHINGTON, May 30, 1861. SIR: Your action in respect to the negroes who came within your lines from the service of the rebels is approved. The Department is sensible of the embarrassments which must surround officers conducting military operations in a State by the laws of which slavery is sanctioned. The Gor. ernment cannot recognize the rejection by any State of the Federal obligations, nor can it refuse the performance of the Federal obligations resting upon itself. Among these than that of suppressing and dispersing armed combinaFederal obligations, however, none can be more important tions formed for the purpose of overthrowing its whole mit no interference by the persons under your command constitutional authority. While, therefore, you will perwith the relations of persons held to service under the laws of any State, you will, on the other hand, so long as any State the control of such armed combinations, refrain from surwithin which your military operations are conducted is under rendering to alleged masters any persons who may come within your lines. You will employ such persons in the services to which they may be bost adapted, keeping an account of the labor by them performed, of the value of it, and the expenses of their maintenance. The question of their final disposition will be reserved for future deter SIMON CAMERON, Secretary of War. mination. To Major General BUTLER. MAJOR GENERAL BUTLER TO LIEUTENANT GENERAL SCOTT. HEADQUARTERS DEPARTMENT OF VIRGINIA, Since I wrote my last despatch the question in regard to slave property is becoming one of very serious magnitude. The inhabitants of Virginia are using their Under these circumstances it seems quite clear that the substantial rights of loyal masters will be best protected by receiving such fugitives, as well as fugitives from disloyal masters, into the service of the United States, and employing them under such organizations and in such occupations as circumstances may suggest or require. Of course a record should be kept showing the name and description of the fugitives, the name and the character, as loyal or disloyal, of the master, and such facts as may be necessary to a correct understanding of the circumstances of each case after tranquillity shall have been restored. Upon the return of peace, Congress will, doubtless, properly provide for all the persons thus received into the service of the Union, an for just compensation to loyal masters. In this way on v, it would seem, can the duty and safety of the Governm-at and the just rights of all be fully reconciled and harYou will therefore consider yourself as instructed to govby the principles herein stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department. You will, however, neither authorize nor permit any interference, by the troops under your command, with the servants of peaceful citizens in house or field; nor will you, in any way, encourage such servants to leave the lawful service of their masters; nor will you, except in cases where the public safety may seem to require, prevent the voluntary return of any fugitive, to the service from which he may have escaped. negroes in the batteries, and are preparing to send the wo- | men and children south. The escapes from them are very numerous, and a squad has come in this morning to my pickets bringing their women and children. Of course these cannot be dealt with upon the theory on which I designed to treat the services of able-bodied men and women who might come within my lines, and of which I gave you a detailed account in my last despatch. I am in the utmost doubt what to do with this species of property. Up to this time I have had come within my lines men and women with their children, entire families, each family belonging to the same owner. I have, therefore, determined to employ, as I can do very profitably, the able-bodied persons in the party, issuing proper food for the support of all, and charging against their services the expense of care and sustenance of the non-laborers, keeping a strict and accurate account as well of the services as of the expendi-monized. ture, having the worth of the services and the cost of the expenditure determined by a board of survey, to be here-era your future action, in respect to fugitives from service, after detailed. I know of no other manner in which to dispose of this subject and the questions connected therewith. As a matter of property to the insurgents, it will be of very great moment, the number that I now have amounting. as I am informed, to what, in good times, would be of the value of sixty thousand dollars. Twelve of these negroes, I am informed, have escaped from the batteries on Sewall's Point, which, this morning, fired upon my expedition as it passed by out of range. As a means of offence therefore in the enemy's hands, these negroes, when able-bodied, are of the last importance. Without them the batteries could not have been erected, at least for many weeks. As a military question, it would seem to be a measure of necessity to deprive their masters of their services. How can this be done? As a political question end a question of humanity, can I receive the services of a father and mother, and not take the children? Of the humanitarian aspect I have no doubt. Of the political one I have no right to judge. I therefore submit all this to your better judgment, and as the questions have a political aspect, I have ventured, and I trust I am not wrong in so doing, to duplicate the parts of my despatch relating to this subject, and forward them to the Secretary of War. * Very respectfully, your obedient servant, Lieutenant General SCOTT. SECRETARY CAMERON'S REPLY TO GEN. BUTLER. I am, General, very respectfully, your obedient servant, SIMON CAMERON, Secretary of War. Maj. Gen. B. F. BUTLER, Commanding Department of Virginia, Fortress Monroe. CONCERNING FUGITIVE SLAVES. HEADQUARTERS Department of WASHINGTON, [General Orders No 33.] Fugitive slaves will, under no pretext whatever, be permitted to reside or be in any way harbored in the quarters and camps of the troops serving in this Department. Neither will such slaves be allowed to accompany troops on the march. Commanders of troops will be held responsible for a strict observance of this order. By command of Brigadier General Mansfield: THEO. TALBOT, Assistant Adjutant General. GENERAL: The important question of the proper disposiComplaint having been made that slaves were tion to be made of fugitives from service in States in insur-abducted by soldiers going North on the cars, rection against the Federal Government, to which you have the following order was issued: again directed my attention in your letter of July 30, has received my most attentive consideration. It is the desire of the President that all existing rights, in all the States, be fully respected and maintained. The war now prosecuted on the part of the Federal Government is a war for the Union, and for the preservation of all constitutional rights of States, and the citizens of the States, in the Union. Hence no question can arise as to fugitives from service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of judicial proceeding, which must be respected by military and civil authorities alike, will suffice for the enforcement of all legal claims. But in States wholly or partially under insurrectionary control, where the laws of the United States are so far opposed and resisted that they cannot be effectually enforced, it is obvious that rights dependent on the execution of those laws must, temporarily, fail; and it is equally obvious that rights dependent on the laws of the States within which military operations are conducted must be necessarily subordinated to the military exigencies created by the insurrection, if not wholly forfeited by the treasonable conduct of parties claiming them. To this general rule rights to services can form no exception. The act of Congress approved August 6, 1861, declares that if persons held to service shall be employed in hostility to the United States, the right to their services shall be forfeited, and such persons shall be discharged therefrom. It follows of necessity that no claim can be recognized by the military authorities of the Union to the services of such persons when fugitives. A more difficult question is presented in respect to persons escaping from the service of loyal masters. It is quite apparent that the laws of the State, under which only the services of such fugitiues can be claimed, must needs be wholly, or almost wholly, suspended, as to remedies, by the insurrection and the military measures necessitated by it. And it is equally apparent that the substitution of military for judicial measures for the enforcement of such claims Bust be attended by great inconveniences, embarrassments, and injuries. HEADQUARTERS CITY GUARD, To Captain H. DAVIDSON, Commanding Guard at Railroad Depot: To all whom it may concern: Therefore, know ye that I, M. Jeff. Thompson, Brigadier General of the first military district of Missouri, having not only the military authority of Brigadier General, but certain police powers granted by Acting Governor Thomas C. Reynolds, and confirmed afterwards by Governor Jackson, do most solemnly promise that for every member of the Missouri State Guard or soldier of our allies, the armies of the Confederate States, who shall be put to death in pursu Department should assume the administrative powers of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county of the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State. In this condition the public safety and the success of our arms require unity of purpose, without let or hindrance, to the prompt administration of affairs. In order, therefore, to suppress disorder, to maintain as far as now practicable the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established martial law throughout the State of Missouri. The lines of the army of occupation in this State are for the present declared to extend from Leavenworth by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi river. All persons who shall be taken with arms in their hands within these lines shall be tried by court-martial, and if found guilty will be shot. The property, real and personal, of all persons, in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared to be confiscated to the public use, and their slaves, if any they have, are hereby declared free men. to inflict the extraordinary severities of the now governing law is rigidly confined to few, who are to be held strictly accountable for its exercise. They are also reminded that the same necessity which requires the establishment of martial law demands also the enforcement of the military law, which governs themselves with the same sudden se verity. The commanding general therefore strictly prohibits all vexatious proceedings calculated unnecessarily to harass the citizens, and also unauthorized searches, seizures, and destruction of property, except in cases of military necessity, and for which the officer authorizing or permitting it will be held strictly and personally responsible. All officers commanding districts, posts, or detachments are enjoined to use the utmost prudence and circumspecion in the discharge of their duties. Under the circums'ances a strict obedience to orders, close attention to duts, and an earnest effort to protect and to avoid harassing iocent persons, is requested and expected everywhere from officers and men. The commanding general trusts that he will find few Ocasions to reproach the troops. He hopes and believes that he will find many to admire and commend them. J. C. FREMONT, Major General Commanding. PRESIDENT LINCOLN'S FIRST LETTER TO GENERAL FREMONT. [Private.] WASHINGTON, D. C., Sept. 2, 1861. MY DEAR SIR: Two points in your procla All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telemation of August 30th give me some anxiety: graphs, shall suffer the extreme penalty of the law. All persons engaged in treasonable correspondence, in giving or procuring aid to the enemies of the United States, in fomenting tumults, in disturbing the public tranquillity by creating and circulating false reports or incendiary documents, are in their own interests warned that they are exposing themselves to sudden and severe punishment. All persons who have been led away from their allegiance are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them. The object of this declaration is to place in the hands of the military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of war demand But this is not intended to suspend the ordinary tribunals of the country, where the law will be administered by the civil officers in the usual manner, and with their customary authority, while the same can be peaceably exercised. The commanding general will labor vigilantly for the public welfare, and in his efforts for their safety hopes to obtain not only the acquiescence, but the active support of the loyal people of the country. J. C. FREMONT, Major General Commanding. But the extension of martial law to all the State of Missouri, rendered suddenly necessary by its unhappy condition, renders it equally imperative to call the army to good order and rigorous discipline. They are reminded that the power ance of the said order of Gen. Fremont, I will hang, draw, and quarter a minion of said Abraham Lincoln. While I am anxious that this unfortunate war shall be conducted, if possible, upon the most liberal principles of civilized warfare-and every order that I have issued has been with that object-yet, if this rule is to be adopted, (and it must first be done by our enemies,) I intend to exceed Gen. Fremont in his excesses, and will make all tories that come within my reach rue the day that a different policy was adopted by their leaders. Already mills, bars, warehouses, and other private property have been wastefully and wantonly destroyed by the enemy in this district, while we have taken nothing except articles strictly contraband or absolutely necessary. Should these things be repeated, I will retaliate ten-fold, so help me God! M. JEFF. THOMPSON, Brig. Gen. Commanding. First. Should you shoot a man according to the proclamation, the Confederates would very certainly shoot our best men in their hands, in retaliation; and so, man for man, indefinitely. It is, therefore, my order that you allow no man to be shot under the proclamation without first having my approbation or consent. Second. I think there is great danger that the closing paragraph, in relation to the confiscation of property, and the liberating slaves of traitorous owners, will alarm our Southern Union friends and turn them against us; perhaps ruin our rather fair prospect for Kentucky. Allow me, therefore, to ask that you will, as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the act of Congress entitled, "An act to confiscate property used for insurrectionary purposes," approved August 6, 1861, and a copy of which act I herewith send you. This letter is written in a spirit of caution, and not of censure. I send it by a special messenger, in that it may certainly and speedily reach you. Yours, vory truly, Major General FREMONT. A. LINCOLN. GEN. FREMONT'S REPLY. ST. LOUIS, September 8, 1861. MY DEAR SIR: Your letter of the second, by special messenger, I know to have been written before you had received my letter, and before my telegraphic dispatches and the rapid development of critical conditions here had informed you of affairs in this quarter. I had not written to you fully and frequently; first, because in the incessant change of affairs I would be exposed to give you contradictory accounts; and, secondly, because the amount of the subjects to be laid before you would demand too much of your time. Trusting to have your cenfidence, I have |