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. That attention is hereby called to an act of Congress entitled "An act to make an additional Article of War," approved March 13, 1862, and which act is in the words and figures following: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the Army of the United States, and shall be obeyed and observed as such : "ARTICLE All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a courtmartial of violating this article, shall be dismissed from the service. "SEC. 2. And be it further enacted, That this act shall take effect from and after its passage." Also, to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons, or deserted by them and coming under the control of the government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves. "SEC. 10. And be it further enacted, That no slave escaping into any State, Territory or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service." And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited. And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if that relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, [SEAL.] and of the independence of the United States the eighty-seventh. ABRAHAM LINCOLN. ORDER respecting Special Provost Marshals, and defining their duties. 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 to, and receive instructions and orders from the Provost Marshal General of the War Department. Third. It will be the duty of the Special Provost Marshals 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 the time and nature of the 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 have received special commissions from the War Department) are hereby revoked. BY ORDER OF THE SECRETARY OF WAR: L. THOMAS, Adjutant General General Orders, No. 141. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, September 25, 1862. The following Proclamation by the President is published for the information and government of the Army and all concerned : BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. WHEREAS it has become necessary to call into the 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 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. 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 [L. S.] the Independence of the United States the eighty-seventh. The following is the cartel under which prisoners are exchanged in the existing war with the Southern States: HAXALL'S LANDING ON JAMES RIVER, VA., The undersigned, having been commissioned by the authorities they respectively represent to make arrangements for a general exchange of prisoners of war, have agreed to the following articles: Article 1. It is hereby agreed and stipulated that all prisoners of war held by either party, including those taken on private armed vessels known as privateers, shall be discharged upon the conditions and terms following: Prisoners to be exchanged man for man and officer for officer; privateers to be placed upon the footing of officers and men of the Navy. Men and officers of lower grades my be exchanged for officers of a higher grade, and men and officers of different services may be exchanged according to the following scale of equivalents: A General commanding in chief or an Admiral shall be exchanged for officers of equal rank, or for sixty privates or common seamen. A Flag Officer or Major General shall be exchanged for officers of equal rank or for forty privates or common seainen. A Commodore carrying a broad pennant or a Brigadier General shall be exchanged for officers of equal rank or twenty privates or common seamen. A Captain in the Navy or a Colone! shall be exchanged for officers of equal rank or for fifteen privates or common seamen. A Lieutenant Colonel or a Commander in the Navy shall be exchanged for officers of equal rank or for ten privates or common seamen. A Lieutenant Commander or a Major shall be exchanged for officers of equal rank or eight privates or common seamen. A Lieutenant or a Master in the Navy or a Captain in the Army or Marines shall be exchanged for officers of equal rank or six privates or common sea men. Master's Mates in the Navy or Lieutenants and Ensigns in the Army shall be exchanged for officers of equal rank or four privates or common seamen. Midshipmen, Warrant Officers in the Navy, Masters of merchant vessels, and Commanders of privateers shall be exchanged for Officers of equal rank or three privates or common seamen. Second Captains, Lieutenants, or Mates of merchant vessels or privateers, and all petty officers in the Navy and all non-commissioned officers in the Army or Marines, shall be severally exchanged for persons of equal rank or for two privates or common seamen; and private soldiers or common seamen, shall be exchanged for each other man for man. Article 2. Local, State, civil, and militia rank held by persons not in actual military service will not be recognized, the basis of exchange being the grade actually held in the naval and military service of the respective parties. Article 3. If citizens held by either party on charges of disloyalty or any alleged civil offence are exchanged, it shall only be for citizens. Captured sutlers, teamsters, and all civilians in the actual service of either party, to be exchanged for persons in similar position. Article 4. All prisoners of war to be discharged on parole in ten days after their capture, and the prisoners now held and those hereafter taken to be transported to the points mutually agreed upon, at the expense of the capturing party. The surplus prisoners not exchanged shall not be permitted to take up arms again, nor to serve as military police or constabulary force in any fort, garrison, or field work held by either of the respective parties, nor as guards of prisons, depots, or stores, nor to discharge any duty usually performed by soldiers, until exchanged under the provisions of this cartel. The exchange is not to be considered complete until the officer or soldier exchanged for has been actually restored to the lines to which he belongs. Article 5. Each party, upon the discharge of prisoners of the other party, is authorized to discharge an equal number of their own officers or men from parole, furnishing at the same time to the other party a list of their prisoners discharged and of their own officers and men relieved from parole; thus ena bling each party to relieve from parole such of their own officers and men as the party may choose. The lists thus mutually furnished will keep both parties advised of the true condition of the exchange of prisoners. Article 6. The stipulations and provisions above mentioned to be of binding obligation during the continuance of the war, it matters not which party may have the surplus of prisoners, the great principles involved being-1st. An equitable exchange of prisoners, man for man, officer for officer, or officers of higher grade exchanged for officers of lower grade or for privates, according to the scale of equivalents; 2d. That privateers and officers and men of different services may be exchanged according to the same scale of equivalents; 3d. That all prisoners, of whatever arm of service, are to be exchanged or paroled in ten days from the time of their capture, if it be practicable to transfer them to their own lines in that time; if not, as soon thereafter as practicable; 4th. That no officer, soldier, or employé in the service of either party is to be considered as exchanged and absolved from his parole until his equivalent has actually reached the lines of his friends; 5th. That the parole forbids the performance of field, garrison, police, or guard, or constabulary duty. Article 7. All prisoners of war now held on either side, and all prisoners hereafter taken, shall be sent with all reasonable despatch to A. M. Aikens', below Dutch Gap, on the James river, Virginia, or to Vicksburg, on the Mississippi river, in the State of Mississippi, and there exchanged or paroled until such exchange can be effected, notice being previously given by each party of the number of prisoners it will send, and the time when they will be delivered at those points respectively; and in case the vicissitudes of war shall change the military relations of the places designated in this article to the contending parties so as to render the same inconvenient for the delivery and exchange of prisoners, other places, bearing as nearly as may be the present local relations of said places to the lines of said parties, shall be by mutual agreement substituted. But nothing in this article contained shall prevent the commanders of two opposing armies from exchanging prisoners or releasing them on parole at other points mutually agreed on by said commanders. Article 8. For the purpose of carrying into effect the foregoing articles of agreement, each party will appoint two agents, to be called Agents for the exchange of prisoners of war, whose duty it shall be to communicate with each other, by correspondence and otherwise, to prepare the lists of prisoners, to attend to the delivery of the prisoners at the places agreed on, and to carry out promptly, effectually, and in good faith, all the details and provisions of the said articles of agreement. Article 9. And in case any misunderstanding shall arise in regard to any clause or stipulation in the foregoing articles, it is mutually agreed that such misunderstanding shall not interrupt the release of prisoners on parole, as herein provided, but shall be made the subject of friendly explanations, in order that the object of this agreement may neither be defeated nor postponed. (Signed) JOHN A. Dix, Major General. BY ORDER OF THE SECRETARY OF WAR: L. THOMAS, Adjutant General. General Orders,} No. 143. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, So much of "General Orders," No. 125, as dismisses Surgeon Edward B. Dalton, 36th New York Volunteers, is, by direction of the President, revoked. BY ORDER OF THE SECRETARY OF WAR: L. THOMAS, Adjutant General. |