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PREFACE.

EXTRACT FROM PRESIDENT LINCOLN'S PROCLAMATION OF SEPTEMBER 22, 1862.

"THAT on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to suppress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States, and parts of States, if any, in which the people thereof respectively shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."

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Understand, I raise no objection against it on legal or constitutional grounds; for, as commander-in-chief of the army and navy, in time of war, I suppose I have a right to take any measure which

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may best subdue the enemy.”- PRESIDENT LINCOLN TO THE CHICAGO DELEGATION.

PROCLAMATION OF SEPTEMBER 24, 1862.

"WHEREAS, it has become necessary to call into service not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection:

"Now, therefore, be it ordered,

"First. That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to the rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission.

"Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority, or by the sentence of any court-martial or military commission.

"In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

[L. S.]

"Done at the city of Washington, this twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the independence of the United States the eighty-seventh.

"By the President :

"ABRAHAM LINCOLN.

"WILLIAM H. SEWARD, Secretary of State."

ORDERS OF THE SECRETARY OF WAR PROMULGATED SEPTEMBER 26, 1862.

First. There shall be a provost marshal general of the war department, whose headquarters will be at Washington, and who will have the immediate supervision, control, and management of the

corps.

Second. There will be appointed in each State one or more special provost marshals, as necessity may require, who will report and receive instructions and orders from the provost marshal general of the war department.

Third. It will be the duty of the special provost marshal to arrest all deserters, whether regulars, volunteers, or militia, and send them to the nearest military commander or military post, where they can be cared for and sent to their respective regiments; to arrest, upon the warrant of the judge advocate, all disloyal persons subject to arrest under the orders of the war department; to inquire into and report treasonable practices, seize stolen or embezzled property of the government, detect spies of the enemy, and perform such other duties as may be enjoined upon them by the war department, and report all their proceedings promptly to the provost marshal general. Fourth. To enable special provost marshals to discharge their duties efficiently, they are authorized to call on any available military force within their respective districts, or else to employ the assistance of citizens, constables, sheriffs, or police-officers, so far as may be necessary under such regulations as may be prescribed by the provost marshal general of the war department, with the approval of the Secretary of War.

Fifth. Necessary expenses incurred in this service will be paid on duplicate bills certified by the special provost marshals, stating time and nature of service, after examination and approval by the provost marshal general.

Sixth. The compensation of special provost marshals will be dollars per month, and actual travelling expenses, and postage will be refunded on bills certified under oath and approved by the provost marshal general.

Seventh. All appointments in this service will be subject to be revoked at the pleasure of the Secretary of War.

Eighth. All orders heretofore issued by the war department, conferring authority upon other officers to act as provost marshals, except those who received special commissions from the war department, are hereby revoked.

By order of the Secretary of War,

L. THOMAS, Adjutant-General.

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