set of Congress providing for a temporary government for the Territory of Idaho approved March 3, 1863.*

The report was concurred in-yeas 26, nays 13, as follows:

YEAS-Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Doolittle, Foot, Foster, Harding, Harris, Henderson, Hendricks, Howard, Johnson, Lane of Indiana, Morrill, Nesmith,

Prell, Ramsey, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Wade, Wilkinson, Willey-26.

NATS Messrs. Anthony, Chandler, Clark, Dixon, Grimes, Hale, Harlan, Lane of Kansas, Morgan, Pomeroy, Sprague, Sumner, Wilson-13.

and inserting the words

And shall within the year next preceding the election have paid a tax, or been assessed with a part of the revenne of the District, county, or cities therein, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privileges of an elector.

May 26-Mr. SUMNER moved to amend the bill by adding this proviso:

Provided, That there shall be no exclusion of any person from the registry on account of color.

YFAS-Messrs. James C. Allen, Baily, Beaman, Blaine, Jacob B. Blair, Bliss, Brooks, William G. Brown, Chanlr, Cofroth, Coz, Cravens, Creswell, Thomas T. Davis, Dawn, Donnelly, Driggs, Eden, Edgerton, Eldridge, Farasworth, Finck, Grider, Hale, Hall, Harding, Harringtum, Charles M. Harris, Herrick, Holman, Hooper. Hotchkiss, A-hahel W. Hubbard, Hutchins, Ingersoll, Wm. John son, Kalbfleisch, Kasson, Francis W. Kellogg, Kernan, King, Law, Lazar, Long, Longyear, Mallory, Marcy, Me Allister, McBride, McDowell, McIndoe, McKinney, Samuel F. Miller, James R. Morris, Morrison, Amos Myers, Nelson, Noble, Norton, Charles O'Neill, John O'Neill, Orth, Pendleton, Per ham, Pike, Pomeroy, Pruyn, Radford, S. J. Randall, Wm. II. Randall, Alexander H. Rice, John H. Rice, Robinson, James S. Rollins, Ross, Scofield, Scott, Shannon, Sloan, Smith, Smithers, John B. Steele, Wm. G. Steele, Stiles, Strouse, Stuart, Sweat, Thayer. Tracy, Upson, Van Valkenburgh, Voorhees, Ellihu B. Washburne, William B. Washburn, Webster, Whaley, Wheeler, Wilson, Windom, Fernando Wood, Woodbridge, Yeaman-162.

NAYS-Messrs. Alley, Allison, Ames, John D. Baldwin, Butwell, Ambrose W. Clark, Cobb, Cole, Dawes, Dixon, Eliot, Gooch, Grinnell, Higby, John H. Hubbard, Julian, Kelley, Orlando Kellogg, Loan, Moorhead, Morrill, Price, Edward H. Rollins, Spalding, Stevens, Wilder-26.

IN WASHINGTON CITY.†

1864, May 6-The Senate considered the bill for the registration of voters in the city of Washington, when

Mr. CowAN moved to insert the word "white" in the first section, so as to confine the right of voting to white male citizens.

May 12-Mr. MORRILL moved to amend the amendment by striking out the words

And shall have paid all school taxes and all taxes on personal property properly assessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen and board of common council, and assessor, and for every officer authorized to be elected at any election under any act or acts to which this is amendatory or supplementary.

* This section is as follows:

Stc. 5. And be it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall have been an actual resident of said Territory at the

time of the passage of this act, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters, and of bolding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly.

+ In 1860 a vote was had in the State of New York on a proposition to permit negro suffrage without a property qualification. The result in the city was-yeas 1,640, nays 3471. In the State-yeas 197,503, nays 337,984. In 1864 a like proposition was defeated-yeas 85,406, nays 224,536. In 1862, in August, a vote was had in the State of Illinois, on several propositions relating to negroes and mulattoes, with this result:

For excluding them from the State..... 171,893
Against...

Against granting them suffrage or right to

office.

71,306

100,587

211,920

35,649

176,271

For the enactment of laws to prohibit them from going to, or voting in, the State...... 198,938 44,414

154,524

Who have borne arms in the military service of the United States, and have been honorably discharged therefrom. Which was agreed to-yeas 26, nays 12, as follows:

Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, YEAS Messrs. Anthony, Chandler, Clark, Collamer Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Ten Eyck, Trumbull, Wade, Willey, Wilson-26.

NAYS-Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Richardson, Saulsbury, Sumner, Van Winkle, Wilkinson-12.

May 28-Mr. SUMNER moved to add these words to the last proviso:

And provided further, That all persons, without distinction of color, who shall, within the year next preceding the election, have paid a tax on any estate, or been assessed with a part of the revenue of said District, or been read and write with facility, shall enjoy the privilege of an exempt from taxation having taxable estate, and who can elector. But no person now entitled to vote in the said District, continuing to reside therein, shall be disfranchised

hereby.

Which was rejected-yeas 8, nays 27, as follows:

YEAS-Messrs. Anthony, Clark, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sumner, Wilkinson-8.

NAYS-Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Hendricks, Ilicks, Johnson, Lane of Indiana, McDougall, Morrill, Powell, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey, Wilson-27.

The other proposition of Mr. SUMNER, amended on motion of Mr. HARLAN, was then rejected yeas 18, nays 20, as follows:

YEAS-Messrs. Anthony, Chandler, Clark, Dixon, Foot, Foster, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wilson-18.

NAYS-Messrs. Buckalew, Carlile, Cowan, Davis, Grimes, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Nesmith, Powell, Richardson, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey-20.

The bill then passed the Senate, and afterward the House, without amendment.

EXCLUDING COLORED PERSONS FROM CARS.

Third Session, Thirty-Seventh Congress. IN SENATE.

1863, February 27-Pending a supplement to the charter of the Washington and Alexandria Railroad Company,

Mr. SUMNER offered this proviso to the first section:

That no person shall be excluded from the cars on account of color.

Which was agreed to-yeas 19, nays 18, as follows:

YEAS-Messrs. Arnold, Chandler, Clark, Fessenden, Foot, Grimes, Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts-19.

NAYS-Messrs. Anthony, Bayard, Carlile, Cowan, Davis,

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.

NAYS-Messrs. Browning, Carlile, Cowan, Davis, Henderson, 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, Cor, Crisfield, Dunlap, English, Fouke, Grider, Harding, Knapp, Law, Lazear, Mallory, Maynard, Menzies, Morris, Nugen, Pendle ton, Perry, Richardson, James S. Rollins, Shiel, John B. Steele, 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, Chander, 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

letom, Perry, Samuel J. Randall, Robinson, Ross, John B. Steele, William G. Steele, Stiles, Strouse, Stuart, Thomas, Tracy, Wadsworth, Ward, Webster, Whaley, Wheeler, Chilton 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,

-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 appropriation Hills; 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 CASE.

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

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.

March 17-Mr. TRUMBULL moved to table it; which was agreed to-yeas 29, nays 10, as follows:

YEAS-Messrs. Anthony, Brown, Chandler, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Shermen, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wilkinson, Willey, Wilson-29. NAYS-Messrs. Buckalew, Carlile, Conness, Davis, Hen. dricks, Johnson, McDougall, Powell, Riddle, Saulsbury-10.

COLORED SCHOOLS.

June 8-The House passed a bill to provide for the public instruction of youth in Washington city, with an amendment providing for separate schools for the colored children, by setting apart such a proportion of the entire school fund as the number of colored children between the ages of six and seventeen bear to the whole number of children in the District. The bill, with amendments, passed both Houses without a division.

Military Reports, Orders, and Proc

lamations.

HEADQUARTERS DEPARTMENT OF PENNSYLVANIA.
CHAMBERSBURG, PA., June 3, 1861.

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; havo 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 them

selves 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 occasion 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.

WESTERN VIRGINIA.

HEADQUARTERS DEPARTMENT OF Oпо,
CINCINNATI, May 26, 1861.

To the Union men of Western Virginia:
VIRGINIANS: The General Government has long enough
endured the machinations of a few factious rebels in your
midst. Armed traitors have in vain endeavored to deter
you from expressing your loyalty at the polls. Having
failed in this infamous attempt to deprive you of the exer-
cise 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 digni-
fied by the name of the Southern Confederacy. They are
destroying the property of citizens of your State and ruin-
ing your magnificent rallways.

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

must surround officers conducting military operations in a State by the laws of which slavery is sanctioned. The Government 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 combina Federal obligations, however, none can be more important tions formed for the purpose of overthrowing its whole constitutional authority. While, therefore, you will permit no interference by the persons under your command with 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 best adapted, keeping an account of the labor by them performed, of the value of it, their final disposition will be reserved for future deterand the expenses of their maintenance. The question of

mination.

negroes in the batteries, and are preparing to send the women and children south. The escapes from them are very numerous, and a squad bas 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 perBous 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 expenditure, having the worth of the services and the cost of the expenditure determined by a board of survey, to be hereafter 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 em to be a measure of necessity to deprive their masters of their services. How can this be done? As a political question and 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,
B. F. BUTLER.

Lieutenant General SCOTT.

SECRETARY CAMERON'S REPLY TO GEN. BUTLER. WASHINGTON, August 8, 1861.

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 returu 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 harm nized.

You will therefore consider yourself as instructed to goven your future action, in respect to fugitives from service, by 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.

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, WASHINGTON, July 17, 1861.

[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:

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 must be attended by great inconveniences, embarrassments, and injuries.

HEADQUARTERS City Guard, WASHINGTON, August 10, 1861.

To Captain H. DAVIDSON,

cars.

Commanding Guard at Railroad Depot: SIR: It is directed by the Provost Marshal that you permit no soldiers to leave this city by the railroad who are unable to show that they have been properly discharged from the service of the United States; also, that no negroes, without sufficient evidence of their being free or of their right to travel, are permitted to leave the city upon the I am, Captain, very respectfully, your obedient servant, W. W. AVERELL, A. A. A. G. EMANCIPATION PROCLAMATION OF GEN. FREMONT.* HEADQUARTERS OF THE WESTERN DEPARTMENT, ST. LOUIS, August 31, 1861. Circumstances in my judgment, of sufficient urgency, render it necessary that the commanding general of this * This Retaliatory Proclamation was issued by a rebel officer: HEADQUARTERS FIRST MILITARY DISTRICT M. S. G. CAMP HUNTER, September 2, 1861.

To all whom it may concern: Whereas Major General John C. Fremont, commanding the minions of Abraham Lincoln in the State of Missouri, has seen fit to declare martial law throughout the whole State, and has threatened to shoot any citizen soldier found in arms within certain limits; also, to confiscate the property and free the negroes belonging to the members of the Missouri State Guard:

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