Page images
PDF
EPUB

Foo say to v8: "Do as yon pleaso on your own account, | order to Mr. Millward, the verdict should be for the de peacefully and loyally, and Governor Johnson will not mo- fendants. best you, but will protect you against violence as far as is Defendant's points, on which the court was requested to in his power.” If you mean that Governor Johnson will charge, were as follows: allow us to stay away from the polls without molestation, 1. That by the third section of the act of Congress of We trust there is some truth in your assurance. But if | August 6, 1861, the District Attorney of the Eastern Disynu mean to suggest that we hold separate elections “on trict of the United States is authorized to instituto proceedour own account," and to assure us that we shall not be ings for the confiscation and condemnation of any property molested but protected in such a movement," we know within the said district, of the character described in tho by experience, and by the facts above set forth, that your first section of the act, and that for this purpose the said assurance is a cruel morkery. We will not advise our cit- District Attorney had authority to direct the seizure of izens to put in jeopardy their lives in going through the such property so found, proparatory to filing an information farce you propose, of holding an election under the laws in and issuing an attachment from the proper court, and at one ballot-box, while Governor Johnson holds an elec- that his order to the marshal of the district to seize the tion under his "plan" at another. Too many unoffending Jeffersonian printing-press, and other materials, followed citizens have already been murdered in our streets by ne- up as it was by the proceedings in the courts of the United gro soldiers too many reputable women have been in- States, is a legal justification of the marshal and his dep salted by them. We do not wish to provoko further out- uties for such seizure. rage. There will be no election for President in Tennes- If the court should decline to affirm the foregoing propo Bente in 1864. You and Governor Johnson may “manage sition, then it is respectfully requested to charge: your sido of it in your own way,” but it will be no I. That if the jury find from the evidence that the order dection,

from the District Attorney to the marshal was issued under After consultation with our friends, therefore, in different the authority of the President of the United States, then parts of tho State, and having communicated with nearly the said order is a justification to the marshal and his deall of our colleagues, wo respectfully announce to the peo-puties for the seizure complained of in this suit. ple of Tennessoe that in view of what is set forth above- II. That after the information was filed in the District in view of the fact that our people are overawed by military Court of the United States, and the attachment was issued power, the laws set aside and violated with impunity-and therefrom and the property attached, it was in the custody in view of the fact that we havo appealed in vain to tho of the law, and the marshal was in nowise liable for dam. President whose duty it is " to seo that the laws be faith- ages for its detention, and that the plaintiff can only refully executed," and that those who act by his authority cover for the taking and detention of the property from the shall hold sacred the liberties of the people; in view of 23d of August to the 12th of September, a period of twenty these things we announce that the McClellan Electoral days. Ticket in Tennessee is withdrawn.

III. That the measure of damages in this case is the act. W. B. CAMPBELL, of Wilson Co. ual pecuniary loss which the plaintiff sustained by reason BAILIE PEYTON, of Sumner Co. of the possession of his printing establishment having been

JOHN LELLYETT, of Davidson Co. takon by the marshal and continued for the period of NASHVILLE, October 29, 1864.

twenty days, and that there is no evidence in the cause

which would justify the jury in giving vindictive damages. Suppression of Newspapers—(See pp.

JUDGE GRIER'S CHARGE. 188, 194.)

GENTLEMEN OF THE JURY: After the elaborate arguments

of counsel, it is uot necessary to say much about the facts Below is a newspaper report of a trial in Oc- of this case. It is your province to deal with the facts. tober, 1864, growing out of the suppression of you are the solo judges of them, and are to apply to them

the principles of law that will be laid down by the court. & newspaper in Pennsylvania :

You are not to decide the law. That is for the court. Yog UNITED STATES CIRCUIT COURT, Julges Grier and Cad- must take care not to let party feeling or passion influeuce walader.-Wm. H. Ilodgson vs. Wm. Millward, United you. You must hear tlto small as well as the great. While States Marshal. This is an action to recover damages you may recollect that this was done in times of great exalleged to have been sustained by the plaintiff by reason of citement, yet that a trespass, and a gross one, has been the seizure of the presses, type, paper, and other printing committed, it is not denied. It is a fact, to be sure, for you, material used in the publication of the newspaper koown but it is not denied that property of the plaintiff was as the Jeffersonian, published at West Chester, in this taken. If so, have the defendants made out a justifica State. The seizure was made on the 230 of August, 1861, tion? by the marshal's deputies, Messrs. Jenkins and Schuyler. The court instruct you, they have not. The marshal The office was closed, and plaintiff alleges that he was de- cannot plead tho order of tho Attorney General or his prived of the use of his property, and theroby compelled to deputy. This is not a justification. If a marshal arrests suspend the issue of his paper until the 14th of October, A when told to arrest B, it is no defence that he had a 13ől, to his great loss and damage, and for which he now right to arrest B. seeks to recover. The authority for the seizure, and upon

The marshal would have had a right to seize for condemwhich the defendant relics as his defence, was the following nation the kind of property specified in the act of Congress warrant issued by the then United States District Attorney, of the 6th of August, 1861, without the order of the Dis G-0. A. Coffey, Esq., who claimed to have issued the same trict Attorney. But this act had nothing to do with the by direction of the Secretary of War at Washington:

liberty of the press. It never gave authority for such a EASTERN DISTRICT OF PENNSYLVANIA,

seizure as the present one. OFFICE U. S. ATTORNEY.

The order of the District Attorney that has been shown To Wx. MILLWARD, Marshal:

here was no more of a justification to the marshal than if 1861, I hereby request you to seize upon all copies of the You may arrest a man for murder without warrant, but you According to the provisions of the act of 6th of August, issued by any one now in the court-house.

The District Attorney had no right to make such an order. Jeffersmian newspaper, published in the borough of West show the man committed the folony; otherwise it is no do Chester, Chester County, Pennsylvania, as well as all pro- fence to an action of trespass. perty of every kind whatsoever used in and about the publication of said newspaper that may be found in your baill of Congress, the scizure was justifiablo; if not, tho marshal

If the property, then, was within the meaning of the act wick, for condomnation and confiscation according to law, is liable in damnges. Certain points, or prayers for instrucI being authorized by the President of the United States. GEORGE A. COFFEY, United Stales Atlorney.

tion on the law, have been submitted to me by the defend

ants, which I will now proceed to answer: PHILADELPHIA, 231 August, 1861.

I. The first point, to a certain extent, is true. The DisThe case was tried before Chief Justice Lowrie, in thotrict Attorney might advise the issuing of an attachment, Bnpreine Court at Nisi Prius, in February last, and was and seize property that was liable under the act of Con prosecuted to judgment, but subsequently, under the pro- gress. But it is not the law that this order of the District visions of the act of Congress of March 3d, 1863, entitled Attorney was a justification of the marshal in this case. an art relating to habeas corpus cases, and for other pur. The marshal could

act, if the property was liable to seizure, puses," tho record of the proceedings in the nisi prius was as well without the order of the District Attorney as with removed into this court, where yesterday it came up for it. If the court had decided that the property was liable, trial de noro.

the marshal would have been justified. But if the court The pridence offered to the court and jury was mainly had decided the property was not properly seized, then the that adduced upon the former trial, and at that time re- seizuro was unlawful and it was trespass, and the marshal ducou to writing. The defence set up that thò order of was liable. There is not even a certificato ns to probablo District Attorney Coffey to seize the property was a justi- cause for seizure. But I say nothing on this head, for it fication, and as the act of Congress authorized the President does not appear that it was asked, or that it was a case for to direct such seizure, the jury, if they found that Mr. Cof- it. No attempt, however, was made at the hearing of the fey did receivo such instructions, and in turn issue his information in the circuit court to show any cause. It was

war.

clear that the act of Congress did not apply. There was other individual, domestic, and social rights, and that nothno law forbidding this man, the plaintiff, to write against ing but a conviction of a high crime can possibly justify ite the war. I doubt whether any act of Congress could have invasion. The clause of the United States Corrtitution on prevented a man giving his opinions candidly against the which the petitioner relies is the first of the second suction

He had a right to write and to print. The order of of Article 4, and is in these words : the District Attorney makes the case no better. He had “The citizens of each State shall be entitled to all the no right to issue the order. The marshal had no right to privileges and immunities of citizens in the several States. obey it. It was no warrant. If the marshal had consulted Alexander Harrilton, in commenting upon this clause in counsel, counsel would have told him he was not to obey the 80th number of the Federalist, says: such an order. I doubt any counsel could have been found “It may be esteemed the basis of the Union. And if it who would have advised obedience to such an order.

be a just principle that every government ought to poebede II. In answer to the second point, I say there is no com- the means of executing its own provisions, by its own petent evidence of any authority from the President or any authority, it will follow that in order to the inviolable of his Cabinet, and if there had been it would make the maintenance of that equality of privileges and immunities caso no better. If there had been a proceeding in court, to which the citizens of the Union will be entitled, the and a seizure under protest, it would have protected the national judiciary ought to preside in all cases in which officer. But the marshal or sheriff cannot justify under an one State or its citizens are opposed to another State or its order like this.

citizens. To secure the full effect of so fundamental a proIII. As to the third point, I instruct you on the question vision against all evasion and subterfuge, it is necessary of damages that the jury should give full compensatory that its construction should be committed to that tribunal

, damages for all the loss that has accrued to the plaintiff. which, having no local attachments, will be likely to be But the damages should not be vindictive or punitive. | impartial between the different States and their citizens, There is no evidence that the marshal acted from malice, or and which, owing its official existence to the Union, will was influenced by political feeling, or committed any ex- never be likely to feel any bias inauspicious to the princicess. There is some evidence that the District Attorney ples on which it is founded.” did this to gratify some people out of doors. He is not, In the same paper he says: “There ought always to be however, here to answer, and this is not imputable to the a constitutional method to give efficacy to constitutional marshal. But, for the purpose of vindicating public justice provisions.” It will be remembered that, to give eflect to when an officer of the law commits an act almost without this very provision, and to secure the invaded rights of her a pretence of authority, the damages should be exemplary citizens, the Legislature of Massachusetts many years ago to vindicate the outraged law, that mon in authority may sent an eminent jurist, Judge Lloar, to the State of South be careful how they trespass on the rights of citizens. Carolina, with an appeal to the courts of justice. His apThere is a difference in this respect between the case of a peal was rudely rejected, and himself and daughter by mob public officer and a private person, no matter how high the violence driven from that State of lawless mailmen, who public officer-even the President or one of his Secretaries. were then just beginning their wild rush from the crime of The marshal is here liable for the whole time the property slavery to the kindred crimes of treason and rebellios was detained. He is liable for all the damages from the against the best Government that ever blessed the world. beginning to the end. The decree of this court was con- Nor is it too much to assert that the neglect to give practiclusive against him. I have thus laid down the principles cal effect to this constitutional provision bas been an effiof law which are to guide you, and it will be for you to cient cause of the war now desolating the country. apply them to the facts of the cause.

In support of these views the case of Corfield rs. Coryell, The jury was out about twenty hours, and 4th volume Washington Circuit Court Reports, pages

and 381, is directly in point and would sem conclusire. returned a verdict for the plaintiff for $504 23. Mr. Justice Washington in his opinion says of the clause George W. Biddle and Wm. B. Reed for plain- in question: tiff; John C. Knox and David Webster for de- of citizens in the several States ?" We find no hesitation in

"Tho inquiry is, what are the privileges and immunities fendant.

confining these expressions to those privileges and immo

nitios which aro in their nature fundamental. They may Colored Persons as Witnesses.

be all comprehended under the following general beads:

Protection by the Goverument; the enjoyment of life and To complete the record on pages 242, 243, it liberty, with the right to acquire and possess property of should be stated that these proceedings were

every kind, and to pursue and obtain happiness and safety.

The right of a citizen of one State to pass thruagh or to prior to those there recorded:

reside in any other State, for purposes of trade, ilgriculture, Pending the emancipation bill for the District of Colum

professional pursuits or otherwise, to claim the benefit of bia, Second Session of Thirty Seventh Congress, in Senate,

the writ of habcas corpus, to institute and maintain actions 186-, April 3-MR. SUMNER, moved to amend Section 7, by of any kind in the courts of the State, to take, hold, and adding the words : " without the exclusion of any witness dispose of property, real and personal, and an exemption on account of color;" which was agreed to, yeas 26, days other citizens of the State. These and many others which

from higher taxes or in positions than are paid by the 9, as follows:

Yeas-Messrs. Anthony, Browning, Chandler, Clark, Col-might be mentioned are strictly privileges and immunities lamer, Dixon, Doolittle, Fersendeu, Foster, Grimes, Harris, and the enjoyment of them by the citizens of each Star Howard, Ilowe, King, Lane of Indiana, Lane of 'Kausas, in every other State are manifestly calculated (to use the Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, Wil- expressions of the preamble of the corresponding provisina kinson, Wilmot, Wilson of Mass.-26.

in the old articles of confederation) the better to secure Nays-Messrs. Bayard, Carlile, Davis, Kennedy, Nesmith, and perpetuate mutual frienship and intercourse among the Powell, Saulsbury, Willey, Wilson of Missouri, Wrighi.—9. People of the different States of the Union.”

The right to testify must be included in the foregoing There was no separate vote in the House on onumeration as a part of the right to use the courts, and this proposition.

Beveral of the rights enumerated are certainly less vital Connected with this subject, as stated on

and fundamental than the right in question.

No one who has rend the able opinion of Attorney Gene page 243, is the following opinion of Judge eral Bates, utterly demolishing the unfortunate aliter dicta John C. Underwood, of the United States Dis- in tho Dred Scott case, can doubt that colored men may be trict Court for the Eastern District of Virginia, indeed, all the counsel in this case seem to udmit that the

citizens of the United States and of the several Suates; and delivered at the late term :

petitioner is a citizen of Massachusetts. (From the Alexandria, Va., State Journal.]

This court has no doubt that a citizen of Maskschusetts United States District Court, District of Virginia, in the

has a right to demand the protection of his oath, and the matter of the petition of Israel Dorsey, a citizen of Massa- Union, in virtue of the above-quoted constitutional pro

use of the courts of Virginia, or any other State of this chusetts.

vision, which, like a treaty siipulation between ini The use of the courts of the country, and the right to pendent States, abrogates every Stato law which may give testimony in them are privileges so fundamental and attempt to defeat its wise and benevolent and truly databimportant to the security of personal and domestic peace, al operation. as to make their denial one of the greatest wrongs, next to Massachusetts may with perfect propriety say to Virginis slavery itself, which can be inflicted on a human being. -no matter with what wrongs, for the sake of sustaining

If tho denial is permitted the victim may be robbed a bloody and barbarous system, you ontrage humanity in upon the highway, his house burned over his head, his wife the persons of colored men born and reared upon Four or child ravished or murdered before his eyes without rem- own soil, I demand of you, by the sacred guaranty of your ody or redresy. We see, therefore, that the right to testify constitutional obligations, that the hublest of my citi. in courts of justice is not only essential to personal dignity zens, when a sojourner in your territory, shall be secure is. and safety, but it is the very bulwark of defence of all all the great fundamental rights of human nature.

On the 22d day of June, 1772, the court of the King's / grave with its barbarous twin brother. slavery, thus obrt Beach

decided in the case of James Somerset, claimed as a ating the necessity of further action by this court, the case alave by a Virginia planter named Charles Stewart, that is put over for final action, and, if desired, for further ar- the state of slavery is of such a nature that it is incapa- gument, to the next term. ble of being introduced on any reasons, moral or political, but unly by positive law. It is so odious that nothing can be soffered to support it but positivo law, and there.oro Gen. Grant's Orders Respecting Fu the black must be discharged." Such in that colebrated

gitive Slaves. case was the language of Lord Mansfield, the most brilliant light in that constellation of British judges who mado As an addenda to the military reports, ortheir land immortal and raised themselves to the most ders, and proclamations, respecting

“ contrecrushed of their fellow-citizens, and to place thein upon bands," on pages 244, 253, the following: the great table-land of British socurity and protection. It issued at different times by Gen. Grant, and was on the argumeut of the same caso that Counselor Davy not before published as a whole, are inserted : na ie the never-to-be-forgotten declaration that the air of Eugland was "too pure for a slave to breathe in."

HEADQUARTERS DISTRICT OF WEST TENNESSEE, It is time for us to say the soil of Virginia, soaked by the

Fost DONELSON, February 26, 1862. blood of so many martyrs of freedom, is too sacred to be ever GENERAL ORDERS ain pressed by the footstep of a slave.

No. 14. The Senator from Virginia, who in 1850 excited the in- I. General Orders No. 3, series 1861, from Headquarters dignation of all christendom by demanding of Congress Department of the Missouri, is still in force, and must be auditional eduetments to facilitate man and woman hunt-observed. The necessity of its strict enforcement is made ing throngh the length and breadth of the country, freely apparent by the numerous applications from citizens for almitted that there was no positive law in Virginia estab- permission to pass through the camps to look for fugitive lisling slavery, and that the system rested aloue upon cus- slaves. In no case whatever will permission be granted to tom. He might well have added,

citizens for this purpose. "It is a custom

II. All slaves at Fort Donelson at the time of its capture, More honored in the breach than the observance." and all slaves within the line of military occupation that How then can any one who respects the humano principles have been used by the enemy in building fortifications, or declared in Lord Mansfield's time-honored opinion, for one in any manner hostile to the Government, will be employed moment regard slavery or any of its incidents as of any by the Quartermaster's Department for the benefit of the legal force in this State ?

Government, and will under no circumstance be permitted This court will always be ready to apply Lord Mansfield's to return to their masters. principles to slavery and its supports and incidents, and the III. It is made the duty of all officers of this command law in question is nothing more, and it has also the strong to see that all slaves above indicated are promptly delivered Est conviction that tho State law excluding the testimony to the Chief Quartermaster of the district. of colored men from the courts of justice is utterly null and By order of Brig. Gen. U. S. Grant: Fuid, because it is utterly repugnant to her glorious Decla

JNO. A. RAWLINS, A. A. G. tation of Rights, whichi, following the decision of Lord Mansfield, was adopted in June, 1776, as part of the con

HEADQUARTERS DISTRICT OF WEST TENNESSEE, stitution of the State. Never has that Declaration been

CORINTU, MI88., August 11, 1862. repealed, but it has been repeatedly reaffirmed and con- GENERAL ORDERS tinued as the brusis of every State constitution of Virginia No. 72. up to and including that of 1861.

Recent acts of Congress prohibit the army from returning Among the provisions of that Declaration are the follow- fugitives from labor to their claimants, and authorizing the in That all men are by nature oqually free and indepen-mento The following Porders are there for published for the dent, and have certain inherent rights, of which, when they guidance of the army in this military district in this matenter into a state of society, they cannot, by any compact, ter: deprive or divest their posterity; namely, the enjoyment of 1. All fugitives thus employed must be registered, the live and liberty, with the means of acquiring and possessing nanies of the fugitives and claimants given, and must be property, and pursuing and obtaining happiness and safety. borne upon morning reports of the command in which they

4 That no man or set of inen are entitled to exclusive or are kept, showing how they are employed. separate emoluments or privileges from the community, II. Fugitive slaves rony be employed as laborers in the but in consideration of public services.

Quartermaster's, Subsistence, and Engineer Dapartments, 15. That wo free government or the blessing of liberty and wherever by snch employment a soldier may be saved can be preserved to any people but by a firm adherence to to the ranks. They may be employed as teamsters, as justice, moderation, temperance, frugality aud virtue, and company cooks, (pot exceeding four to a company,) or as by a frequent recurrence to fundamental principles. hospital attendants or nurses. Officers may employ them

In the light of such guarantics the enactment excluding as private servants, in which latter case the fugitive will the testimony of any man unconvicted of an infamous not be paid or rationed by the Governinent. Negroes, not crime could not bo executed or tolerated for a moment by thus enployed, will be deemed unauthorized persons, and a civilized and christian people, but for tho debasing and must be excluded from the camps. demoralizing influence of tho great abomination of slavery; III. Officers and soidiers ará prohibited froin enticing which, invading every department of society, ascending slaves to leave their niasters. When it becomes necessary even the pulpit and the halls of justice, has too successfully to employ this kind of labor, commanding othcers of posts labored tv poison and paralyze the public conscience, pru- or troops must send details (always under the charge of a bouncing itself, with all the blazen impudence of the hot suitable noncommissioned officer) to press into service the toinless pit, a divine institution, and asserting the cruel slives of disloyal persons to the number required. doctrine that the dearest human rights are only skin deep, wy. Citizens within the reach of any military station, and that dusky men have none whicla paler men are bound knowu to be disloyal and dangerous, may be ordered away to respect.

or arrested, and their crops and stocks taken for the benefit Never should the courts of Virginia deny this fundamen- of the Government or tho uso of the army. tal privilege of manhood to any innocent human being, and V. All property taken from robel owners mnst be duly least of all tu a citizen of Massachusetts--the cradle of the reported and used for the benefit of Government, and be Aincrican Revolution of 1776—the first Stato to abolishi issued to troops through the proper departments, and when blavery, the first to scatter the seeds of knowledge and practicable the act of taking should be avowed by the kleuce throughout lier bounds, to bless all the people who written certificatu of the officer taking, to the owner ur dwell within the influence of her generous and beueficent agent of such property. institntions.

It is enjoined ou all commanding officers to see that this Haw Congress clearly conferred upon this court the order is strictly executed. The demoralization of troops necessary power, the relief prayed for by the petitioner consequent on being left to execute laws iu their own way, would be cheerfully and speedily granted. But the method without a proper head, must be avoided. of proceeding in order to secure the benefit of a right fully By order of Maj. Gen. U. S. GRANT: guarantevli by the Constitution has been left in great

INO. A. RAWLINS, A. A. G. duabt and ob urity from some cause, probably from an infiuence which in the future will neither be felt nor feared. HEADQUARTERS DEPARTMENT OF THE TENNESSEE, With a view, therefore, of obtaining the aid of Congress at

MILLIKEN'S BEND, LA., April 22, 1863. the approaching session, and with che hope also that the GEXES AL ORDERS Legislature of this State, soon to asseruble, may dı) itself

(Extract.] and our old Commonwealth the honor of wiping the wicktu Lunborps, division, and post commanders will afford all enactment, exclading the testimony of colored neu in any pacilities for the completion of thy negro regiments now of our courts, from our code of laws, burying it iu tlie suwe organizing in this departmeut. Commissaries will issue supplies, and Quartermasters will furnish stores on the in and about camps of regiments and detachments, will same requisitions and returns as are required from other required to go into the campe established for negroes, and troops.

6, (0, 2).

it is enjoined upon Prorost Marshals to see that they do so. It is oxpected that all commanders will especially exert VI. Recruiting for colored regiments in negro camps will themselves in carrying out the policy of the Administration, be prohibited, except when special authority to do so is not only in organizing colored regiments aud rendering given. them efficient, but also in removing prejudice against VII. All able-bodied negro men who are found, ten days them.

after publication of this order, without a certificate of the

officer or person employing them, will be regarded as inBy order of Maj. Gen. U. 8. GRANT:

employed, and may be pressed into service. Certificates (Signed) JNO. A. RAWLINS,

given to negroes mest show how, wben, and by whom they Asst. Adjt. Gen. are employed, and if as officers' servants, that the officer

employing them has not a greater number than by law be HEADQUARTERS DEPARTMENT OF THE TENNESSEE,

is entitled to commutation for. VICKSBURG, Miss., August 10, 1863.

By order of Major General U. 8. GRANT: GENERAL ORDERS

JNO. A. RAWLINS No. 61.

Assistant Adjutant General I. At all military posts in States within the Department, where slavery has been abolished by the proclamation of Protection to Colored Soldiers. the President of the United States, camps will be established for such freed people of color as aro out of employ- On page 280 is the President's order on this ment.

II. Commanders of posts or districts will detail suitable subject, which has been the occasion of more or officers from the army as superintendents of such camps. less correspondence between the Union and It will bu the duty of such superintendents to see that suit- Rebel authorities. The latest and most satisable rations are drawn from the Subsistence Department factory statement is included in the subjoined for such people as are confided to their care.

III. All such persons supported by the Government will correspondence : be employed in every practicable way, so as to avoid, as far

HEADQUARTERS ARMY NORTHERN VIRGINIA, as possible, their becoming a burden upon the Government.

October 19, 1864. They may be hired to planters or other citizers, on proper LIEUT. GEN. U. 8. GRANT, Commanding U. S. Armies: assurances that the negroes so hired will not be run off beyond the military jurisdiction of the United States; they orable Secretary of the Confederate States, I have the honor

GENERAL: In accordance with instructions from the Hop may be employed on any public works; in gathering crops to call your attention to the subject of two communication from abandoned plantations; and generaliy, in any mau. recently addressed by Major General B. F. Butler, an oficer ner local commanders may deem for the best interests of under your command, to the Hon. Robert Ould, commis the Government, in compliance with law and the policy of sioner for the exchange of prisoners. For the better to the Adininistration.

IV. It will be the duty of the Provost Marshal at every derstanding of the matter, i enclos6 copies of the coinent military post to see that every negro within the jurisdiction of the inilitary authority is employed by some white per- placed a number of officers and men belonging to the Cox

You will perceive by one of them that the writer has Bon or is sent to the camps provided for freed people.

federate service, prisoners of war captured by the United V. Citizens may mako contracts with freed persons of States forces, at labor in the canal at Dutch Gap, in retali* color for their labor, giving wages per morth in money, or tion, as is alleged, for a like number of Federal colored sol employ families of them by the year on plantations, &c., diers, prisoners of war in our hauds, who are said to have feeding, clothing, and supporting the infirm as well as the been put to work on our fortifications. The evidence of able-bodied, and giving a portion-not less tban one-twen- this fact is found in the affidavits of two deserters from our tieth-of the commercial part of their crops, in payment service. for such service. VI. Where negroes are employed under this authority, Confederate officer commanding a camp near Richmond

The other letter refers to a copy of a notice issued by : the parties employing will register with the Provost Mar- calling upon the owners to come forward and establishi shal their names, occupation, and residence, and the num- their claims to certain negroes in the custody of that oficer. ber of negroes employed. They will enter into such bonds The writer of the letter proceeds to state that some of the as the Provost Marshal, with the approval of the local

negroos mentioned in the rotice are believed to be soldiers commander, may require, for the kind treatinent and of the United States army, captured in arms, and that, upot proper care of those employed, and az security against their that beliet, he has ordered to such manual labor as be being carried beyond the employer's jurisdiction.

deems most fitting to meet the exigency an equivalent VII. Nothing in this order is to be construed to embarrass number of prisoners of war held by the United States, and the employment of such colored persons as may be required announces that he will continue to order to labor captivet by the Government.

in war to a number equal to that of all the United States By order of Major General U. S. GRANT :

soldiers whom

he has reason to believe are held to service (Sigued) T. 8. BOWERS,

or labor by the Confederate forces, until he shall be notified Acting Asst. Adji Genl.

that the alleged practico on the part of the Confederate

authorities has ceased. HEADQUARTERS DEPARTMENT OF THE TENNESSEE, Before stating the facts with reference to the particular

VICKSBURG, Miss., August 23, 1863. negroes alluded to, I beg to explain the policy pursued by GENERAL ORDERS

the Confederate Government towards this class of persons No. 53.

when captured by our forces. I. Hereafter, negroes will not be allowed in or about the All degroes in the military or naval service of the United camps of white troops, except such as aro ptoperly em- States taken by us, who aro not identified as the property ployed and controlled.

of citizens or residents of any of the Confederate States enemy. It has been uniformly held that the capture or States, regardless of color or nationality. When acknowl. abiuction of a slavo does not impair the right of the owner edged soldiers of the Government are captured they must to such a slave, but that the right attaches to him immedi- be treated as prisoners of war, or such treatment as they ately on recapture.

U. They may be employed in the Onartermaster's De

arus racowlad na imara.

receive will be inflicted upon an equal number of prisoners Such was the practice of the American States during held by us. their struggle for independence. The Gagernment under I have nothing to do with the discussion of the slavery which they were then associated restored to the owners question; therefore decline answering the arguments adslaves abducted by the British forces and subsequently re- duced to show the right to return to former owners such taptured by the American armies.

negroes as are captured from our army. In the war of 1812 with Great Britain the course pursued In answer to the question at the conclusion of your letby the United States Government was the same, and it ter, I have to state that all prisoners of war falling into recognized the right of the owner to the slaves recaptured my hands shall receive the kindest treatment possible, confrom the enemy. Both the Continental and United States sistent with securing them, unless I have good authority Governments, in fact, denied that the abduction of slaves for believing any number of our men are being treated was a bulligerent right; and the latter Power insisted upon, otherwise. Then, painful as it may be to me, I shall inand ultimately secured by treaty, pecuniary indemnity from flict like treatment on an equal number of Confederate the British Government for slaves taken by its forces during prisoners. the war of 1812.

Hoping that it may never become my duty to order reAnd it is supposed that if a slave belonging to a citizen taliation upon any man held as a prisoner of war, I have of a State in which slavery is recognized, and which is re- the honor to be, very respectfully, your obedient servant, garded as one of the United States, were to escape into the

U. S. GRANT, Confederate States, or be captured or abducted by their

Lieutenant General. ermies, the legal right of the owner to reclaim him would be as clear now as in 1812, the Constitution of the United States being unchanged in this particular, and that instru- Military Order Respecting the Elecment having been interpreted in the judicial decisions, tion in Missouri-(See p. 314.) legislative and diplomatic acts, and correspondence of the United States, as imposing upon that Government the duty 1864, October 12-Maj. Gen. Rosecrans is. of protecting, in all cases coming within the scope of its sued an order establishing the regulations for authority, the owners of slaves, as well as of any other kind the election in Missouri. The following are of property recognized as such by the several States.

The Confederate Government, bound by tho same consti- passages from the order:
tational obligations, considers, as that of the United did,
that the capture or abduction of a negro slave does not

The General commanding expects the united assistance preclude the lawful owner from reclaiming him when cap

of the true men of all parties in his efforts to secure a full tured, and I an instructed to say that all such slaves, when

and fair opportunity for all who are entitled to vote at the properly identified as belonging to citizens of any

of the approaching elections in the State of Missouri, and in excluConfederate States, or to persons enjoying the protection of ding from the polls those who, by alienago, trenson, guelheir laws, will be restorod, like other recaptured private rillaism, and other crimes and disabilities, havo no just right

. property, to those entitled to them. Haring endeavored to explain the general policy of the

I. Those, and only those who have the qualifications, Confederate Government with regard to this subject, I beg and who take the oath prescribed by the laws of the State, leare to state the facts concerning the particular transactions copies of which are hereto annexed, shall vote. referred to in the enclosed communications.

Voting, or attempting to vote, in contravention of law or The negroes recently captured by our forces were sent orders, is declared a military offence, subjecting the offento Richmond with other Federal prisoners. After their

der to arrest, trial, and punishment, if convicted. arriral it was discovered that a number of them were slaves

II. No one who has borne arms against the Government belonging to citizens or residents of some of the Confeder- of the United States, or voluntarily given aid and comfort ale States; and of this class, fifty-nine, as I learn, were

to its enemies during the present rebellion, shall act as tent, with other negroes, to work on the fortifications judge or clerk at election; nor shall any county judge around Richmond until their owners should appear and knowingly appoint any such person to act as judge at elecdiain them. As soon as I was informed of the fact, less tion. Violation of this will be promptly noticed, and the than two days afterwards, not wishing to employ them offenders brought to trial by the local military authorities. here, I ordered them to be sent to the rear. By a misap

III. Outrages upon the freedom of election by violence prehension of the engineer officer in charge, they were

or intimidation; attempting to hinder legal or to procure transferred to our lines south of the James river, but when

or encourage illegal voting; interfering with the legal a prízel of the error, I repeated the order for their re- challenge of voters; acting as officers of election in contramoral. If any negroes were included among this number vention of law, or orders; wilful neglect to perform their bo were not identified as the slaves of citizens, or resi- duties, under the laws and these orders, by oficers of elecdints of some of the Confederate States, they were so in- tions, and especially taking the voters or officers' onth coded without the knowledge or authority

of the War De falsely; and all other acts and words interfering with the partment, as alrcady explained, and the mistake, when dis purity and freedom of elections, are crimes against the sovered, would have been corrected.

liberties of the people, and are declared military offences, our fortifications are not allowed to be placed where they It only remains for me to say that negroes employed upon and will be rigorously punished.

The oath is as provided in the ordinance of will be exposed to fire, and there is no foundation for any the Convention of Missouri, and printed on statement to the contrary. The author of the communications referred to has considered himself justified by the page 314. reports of two deserters, who do not allege that the negroes in question were exposed to any danger, in placing our pris. Report of Hon. J. Holt, Judge Ad

lu view of the explanations of the practice of the Con- vocate General, on certain "Secret federate Government above given, and of the statement of facts I have made, I have now, in accordance with my in

Associations." stractions, respectfully to inquire whether the course pur

WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE, suel towand our prisoners, as set forth in the accompany.

WASHINGTON, D. C., October 8, 1804. ng letters, has your sanction, and whether it will be main. Hon. E. M. STANTON, Secretary of War: ained:

SIR: Having been instructed by you to prepare a detailed Very respectfully, your obedient servant,

report upon the mass of testimony furuished me from difR. E. LEE, General ferent sources in regard to the Secret Associations and Con

spiracies against the Government, formed, principally in the HEADQUARTERS ARMIES OP THE UNITED STATES,

Western States, by traitors and disloyal persons, I have October 29, 1864.

now the honor to submit as follows:

During more than a year past it has been generally Commandinig Army Northern Virginia

known to our military authorities that a secret treasonable

Gen. R. E. LEE, C. 8. A.,

« PreviousContinue »