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 Research US War Dept. Official Records HTML Ser. III, Vol. 2.

THE
WAR OF THE REBELLION:
A COMPILATION OF THE
OFFICIAL RECORDS
OF THE
UNION AND CONFEDERATE ARMIES.

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SERIES III.-VOL. II.
CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS
OF THE UNION AUTHORITIES
FROM APRIL 1 TO DECEMBER 31, 1862.*

* For all documents relating to the organization of troops on the Pacific Coast, &c., see Series I, Vol. L.

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WAR DEPARTMENT, Washington, D. C., April 1, 1862.

JOHN JEFFREY, Esq., Civil Engineer, Cincinnati, Ohio:

You are authorized, in conjunction with Mr. Butler, the president of the Board of Trade, to take immediate measures to prepare three rams for the Mississippi. It must be done within twenty days. Mr. Ellet, now at Pittsburg, is the engineer having general charge, but you may act without waiting for him. The strongest and swiftest boats should be selected.

EDWIN M. STANTON, Secretary of War.

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[APRIL 2, 1862.-For act of Congress, in addition to an act to refund and remit the duties on arms imported by States, approved July 10, 1861, see U. S. Statutes at Large, Vol. 12, p. 375.]

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CINCINNATI, April 2, 1862.

Hon. E. M. STANTON, Secretary of War:

Mr. Jeffrey is, I believe, competent for the work. He is now at work, and the committee will aid him. He wants Ellet’s plans soon as possible. Boats suitable are scarce; owners are disposed to ask high figures. May ask authority to have appraised and take possession.

JOS. C. BUTLER, President Chamber of Commerce.

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WAR DEPARTMENT, Washington City, D. C., April 2, 1862.

JOSEPH C. BUTLER, Esq., President Board of Trade, Cincinnati, Ohio:

The Department will submit to no speculative prices. Good boats enough can be had at Pittsburg for a fair price. If not, then I will {p.2} authorize the quartermaster to seize such boats as may be needed as other property is taken for military purposes, leaving the parties to seek remuneration from Congress. For those purchased the price will be paid immediately, but I do not want any contracts concluded until approved by this Department. Mr. Ellet will probably be at Cincinnati to-night or to-morrow morning.

EDWIN M. STANTON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, April 2, 1862.

ROBERT W. FURNAS, First Regiment Home Guards:

SIR: You are hereby authorized to raise from the loyal Indians now in Kansas a regiment of infantry to serve for three years or during the war. On the completion of the organization of this regiment you will be mustered in to serve as its colonel. The regiment will be organized as prescribed by the act of Congress approved July 22, 1861, to authorize the employment of volunteers, &c., viz.*

Lieut. Charles S. Bowman, Fourth Cavalry, U. S. Army, at Fort Leavenworth, will act as mustering officer. He will make requisitions upon the proper officers at headquarters Department of the Mississippi for subsistence, medical stores, clothing, camp and garrison equipage, and all other supplies that may be needed. Upon completion of the organization of your regiment you will report to Major-General Halleck, commanding Department of the Mississippi, for further instructions.

I am, sir, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

* Details of organization omitted; see act of July 22, 1861, Vol. I, this series, p. 380.

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GENERAL ORDERS No. 33.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 3, 1862.

...

II. In order to secure, as far as possible, the decent interment of those who have fallen, or may fall, in battle, it is made the duty of commanding generals to lay off lots of ground in some suitable spot near every battle-field, so soon as it may be in their power, and to cause the remains of those killed to be interred, with headboards to the graves bearing numbers, and, where practicable, the names of the persons buried in them. A register of each burial ground will be preserved, in which will be noted the marks corresponding with the headboards.

III. The recruiting service for volunteers will be discontinued in every State from this date. The officers detached on volunteer recruiting service will join their regiments without delay, taking with them the parties and recruits at their respective stations. The superintendents of volunteer recruiting service will disband their parties and close their offices, after having taken the necessary steps to carry out these orders. The public property belonging to the volunteer recruiting service will be sold to the best advantage possible, and the {p.3} proceeds credited to the fund for collecting, drilling, and organizing volunteers.*

By order of the Secretary of War:

L. THOMAS, Adjutant-General..

* The original paper, in the handwriting of Secretary Stanton, unsigned and without date, on which this order was based reads as follows:

Ordered:

1. That all officers on volunteer recruiting service be ordered to their regiments.

2. That the Governors of the respective States be notified that no more volunteer recruits will be received; that no expenses of enlistment or recruiting will be paid unless it has been authorized by a previous call of the Department.

It is indorsed “Received, A. G. O., April 3, 1862.”

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ADJUTANT-GENERAL’S OFFICE, Washington, April 8, 1862.

His Excellency Governor of Volunteer recruiting service will cease from this date.

L. THOMAS, Adjutant-General.

(Addressed to the Governors of all the loyal States and the superintendent of recruiting service.)

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CINCINNATI, OHIO, April 3, 1862. (Received 8.40 p.m.)

Hon. E. M. STANTON:

Mr. Ellet arrived this morning. Steamers entirely different required than supposed yesterday by Mr. Jeffrey, and the committee have telegraphed that you designate some one to make purchase of the Champion No. 3. William Hooper, a wealthy, honest, and capable citizen, was named in previous dispatch for assistant quartermaster. The following resolution adopted by the committee means simply that they indorse or pass an opinion on the success or wisdom of Mr. Ellet’s plans:

Resolved, That this committee, acting under the telegrams of the Secretary of War to Mr. Jeffrey and Mr. Butler, consider their only duty to be, acting solely from patriotic motives, to appraise the value of such steamer as Mr. Ellet, the engineer of the War Department, may designate, and to see that the work that may be necessary, under his directions, be done as speedily and economically as possible.

JOSEPH C. BUTLER.

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APRIL 3, 1862.

JOSEPH C. BUTLER, President Board of Trade, Cincinnati, Ohio:

A commission for Mr. Hooper as assistant quartermaster will be forwarded by mail to-morrow, so as to enable him to contract and make payment in proper form. In the meanwhile let no time be lost in making the proposed purchase and starting the work. Hours count, and every hour should bring the rebellion near its end.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., April 3, 1862.

JOSEPH C. BUTLER, Esq., President of the Board of. Trade, Cincinnati:

Before the receipt of your letter,* which reached me to-day, I spoke to Mr. Shields, steam-boat inspector, and requested his co-operation. He has performed some work for this Department with energy and great satisfaction. You will please engage his services if you find a suitable boat can be purchased on fair terms.

EDWIN M. STANTON, Secretary of War.

* “See March 26, Vol. I, this series, p. 950.

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CINCINNATI, April 3, 1862.

Hon. E. M. STANTON:

I arrived here this morning, conferred with the committee and Mr. Jeffrey, and have inspected a number of boats. None are satisfactory, but I think the most available as well as the cheapest is Champion No. 3, past five years old, and which can be obtained for $10,000 cash. I do not see that we can do better under the circumstances. I am considering a plan for sheltering my boats by means of a bulwark raised on some of the large coal barges. Does my authority cover the privilege of doing so, if I decide on it?

Respectfully,

CHAS. ELLET, JR.

The committee consider the price reasonable. Will you authorize some one to purchase?

JOS. C. BUTLER, For the Committee.

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WAR DEPARTMENT, Washington City, D. C., April 3, 1862.

CHARLES ELLET, Esq., Cincinnati, Ohio:

Mr. Butler is authorized to purchase the Champion at the price named if he thinks it fair and you think the boat suitable. You are authorized to adopt whatever mode of protection you deem proper. It is said some good boats may be had at New Albany, and that a large force of workmen and ample materials can be had there.

EDWIN M. STANTON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, April 4, 1862.

Brigadier-General CANBY, Fort Union, N. Mex.:

GENERAL: The Secretary of War directs me to authorize you to discharge the New Mexican volunteers now in the service of the United States whenever you may deem it necessary to do so.

I am, general, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

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BOSTON, April 4, 1862.

Hon. E. M. STANTON, Secretary of War:

Assistant Secretary Fox, of Navy Department, writes here that he is sorry to find Massachusetts proposes building an iron-clad steamer for Navy Department; intends putting under construction all that the utmost mechanical resources of country can accomplish. Therefore he prays us to desist from undertaking. Is that your opinion also?

JOHN A. ANDREW, Governor.

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WAR DEPARTMENT, Washington City, D. C., April 4, 1862.

His Excellency JOHN A. ANDREW, Governor of Massachusetts:

The Navy Department desires now to have exclusive control of the building of gun-boats and iron-clad steamers. I am glad to have it do so. Compliments to you, and hope you are well.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., April 5, 1862.

The PRESIDENT OF THE SENATE:

SIR: I have the honor to communicate herewith, for the information of the Senate, a report upon Northern defense, made to this Department at its request by Edwin F. Johnson, esq., a distinguished civil engineer of the State of Connecticut. The distinguished ability of Mr. Johnson and the accurate knowledge he acquired while in the public service, in respect to our Northern frontier and its means and necessities of defense, entitle his views to great respect, and without expressing any opinion upon their merit I submit them to the consideration of the Senate.

I have the honor to be, with respect, your obedient servant,

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

WASHINGTON, April 3, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

SIR: The documents* which have been submitted for my examination, relative to the defense of Maine, &c., with a request that I should report thereon, have received from me the most careful attention.

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In a private note I had the honor to address you, at your request, in January last I gave you the leading historical facts relating to our Northeastern boundary to the time of its settlement by the treaty of Washington, in 1842.

That boundary, by the treaty of Ghent, was not varied from the same as described in the treaty of 1783. Its description in the latter was in words so clear and explicit as to leave no doubt in the mind of any one disposed to give them a fair construction as to their true meaning, yet it was twenty-five years from the time when the commissioners from the two Governments first met for the purpose of marking the boundary by suitable monuments to the time of its settlement in 1842.

During this long period the efforts of the agents of the British Government were untiring to force that boundary to the south of its true position, efforts in which they were finally partially successful, and for which they were indebted not to the justice of their claim, but to a magnanimous disposition on the part of our Government (the consent of Maine having been reluctantly given) to yield the right for the sake of a peaceable settlement of a question which had been long in dispute.

Military and commercial considerations, to which England has ever been keenly alive, indicated strongly the importance of some other mode of communicating with her Canadian possessions than is afforded by the navigation of the Saint Lawrence, which for half the year is obstructed by ice or dangerous.

The Ashburton treaty gave them so much of the valley of the Saint John as has enabled them to open a line of communication overland between Halifax and Quebec, within their own territory, but this is very far from being such a communication as is demanded by the growing importance of the Canadas. Halifax, their only sea-port of consequence, is 780 miles, nearly, distant from Montreal by this circuitous and otherwise unfavorable route, and hence in the construction of their Grand Trunk Railroad they have been forced to allow its eastern terminus to meet the Atlantic in the State of Maine, at Portland, a point which is only 294 miles from Montreal, with favorable ground intervening for the construction and operation of a railroad, and with a harbor not excelled by any other on the Atlantic sea-board.

This terminus and the portion of the State of Maine lying north and east of it and of the Grand Trunk road England covets, and as she has never been particularly scrupulous in her choice of means for gaining a commercial or military advantage, we have a right to suppose that in case of a serious misunderstanding her first hostile movement would be directed to securing possession of and holding permanently, if possible, all that portion of Maine described above. In confirmation of this I refer to the reasons which have induced the belief, now so general, of the intention of the British Government to take forcible possession of the harbor of Portland, in January last, by way of retaliation for the seizure of Mason and Slidell.

That so serious a movement was contemplated for so slight a provocation is just ground for alarm, and to avoid the like danger in future and secure peace with England we must remove the temptation to encroachment now presented by the imperfectly defended condition of that portion of our territory embracing the eastern and northern parts of Maine.

We must, in particular, strengthen the defenses of Portland, so as to render it impregnable by land and by water. Other points need {p.7} attention, but this one in particular should receive the greatest attention, not only because of its being the principal sea-port of that region and the terminus of the Canadian Grand Trunk line of railway, but because of the necessity of having at least one point on that extended coast which shall be a shelter, a rallying point, and a depot for provisions and munitions, impregnable to any force which may be brought against it.

The natural position of Portland is not unfavorable for the purposes of defense; on the contrary, it is susceptible of being very perfectly defended, whether from attacks by land or water, or both. The character of all that portion of the Atlantic Coast is most remarkable for its many natural harbors, so that with all the precautions possible an enemy might not find it very difficult to make a landing at some point, and hence attacks by land upon Portland and other places must be apprehended and guarded against.

In respect to the character of the defenses proper for Portland, recent events indicate that for the protection of the harbor floating ball-proof batteries will be most effective and essential in connection with the land batteries. In respect to the latter, a departure to a certain extent from the method of construction hitherto adopted may be advisable.

The superior efficiency of the revolving firearm has led to attempts to apply the same principle to heavy guns, which, if successful, will have its value greatly lessened in situations where steam power can conveniently be applied for revolving the tower in which the guns are placed, as in floating batteries and batteries on land. The great weight of the mass to be moved in the latter case, considering the cheapness and effectiveness of the moving power, is probably not an objection of importance, in view of the advantages which, in certain situations, may result from the arrangement.

These are matters, however, respecting which your military advisers are probably more competent to speak than myself.

In arranging a plan of defense suitable access to the points to be defended must be had from the more central parts of the country. Portland, by existing lines of railroad, is now accessible from the south, and so is the country east of it in the direction of the line of railroad to Bangor; east and north of Bangor, extending to the Aroostook and Madawaska, there is now a large population, which, in case of war with England, will require protection from our Government, and it will be highly unjust and discreditable to withhold from them that protection.

This protection can only be properly effected by the extension of a suitable line of railway communication from Bangor east and north-a line which, I am informed, the State and individuals are ready to build, provided they can receive from the General Government such aid as it is in the power of the Government to bestow.

This aid, it is supposed, can be constitutionally given, provided the Government desires as a consideration the benefit of the road, when built, for military purposes and the transportation of the mails. A stipulated amount per mile, to be paid annually to the proprietors, which need not be very large, will, I am informed, secure the construction of the road and its use for Government purposes on reasonable terms.

The protection of our frontier citizens is not the sole object to be attained in a military view by the construction of such a line of railway. In the event of a war with England it will be of the greatest importance to us to enable us to render their communication with the

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Canadas in winter, within their own limits, impracticable, which can only be effectually done by means of a line of communication which will enable us to reach the valley of the Saint John.

In this connection the important fact should not be overlooked that a railway thus constructed will be worth its entire cost, and more, in its effect in developing the resources of that portion of the country.

I cannot conclude this communication without again recurring to the danger which threatens, and the importance of being fully prepared, in the manner proposed, to repel successfully any invasion of our Northeastern territory; a preparation which, if made, will be the most effectual guarantee against such an invasion being attempted.

The real intentions of the English Government are apparent in the manner in which their relations with this country are discussed in their leading public journals in England and in the provinces. In a late number of one of their periodicals is an article on the “Defense of Canada,” in which one is at loss which to condemn most, the unfriendly spirit that pervades it or the bold misstatement of facts in relation to past negotiations upon our international boundaries. This article assumes, most confidently, that the two nations will be at war in the year 1863. In one of their quarterlies and in Colburn’s New Monthly are articles of a similar general character. All of these are calculated, if not designed, to prepare the British mind for the event predicted, and, in connection with the recent action of the provincial authorities, conclusively show that they deem the occurrence of the event certain. The alacrity with which the comparatively insignificant affair of the Trent was seized upon as a sufficient cause of war speaks volumes in support of this conclusion. If other evidence is needed of hostile intention toward us it may be found in the published remarks of the British colonial secretary relative to an ultimate probable necessity on our part to recognize the rebellious South as a separate nationality. The promulgation by so distinguished a statesman of an idea which we know can never have a practical existence, if we are not interfered with by other powers, is full of meaning to those who are apt in translating the givings out of so shrewd a diplomatist as Lord John Russell, and, when coupled with the remarks lately made at New Orleans by one of the recently returned rebel emissaries from abroad, can only be construed as evidence of an antagonistic position in the future.

The extraordinary liberality of the State of Maine in offering to advance the means required for the purpose of obtaining the protection recommended is an assurance that the people of that State (who are better situated than those of other portions of the Union for learning and understanding the views and intentions of the British Government) realize fully the danger that threatens.

The bill introduced into Congress by Senator Morrill, of Maine, asking for Government aid for the purpose named above, is simple in its details and practical. It vests in the President a discretion which, from his known character, the nation will feel confident will be exercised for the best interests of the country, and which is no more than is due to the chief of our military force. It gives to him a power which seems to be needful at this time to check a threatened encroachment by a nation whose past history is replete with repeated aggressions upon the rights of others-a nation which has been treated by us with uniform justice, and toward which our own conduct has been invariably such as to afford no sufficient ground of offense.

With great respect, your obedient servant,

EDWIN F. JOHNSON.

* 1. Message of the President, December 17, 1861, transmitting correspondence with the Governor of Maine.

2. Report of Maine commissioners, December 28, 1861.

3. Message of Governor Washburn, January 2, 1862.

4. Letter of John A. Poor to Secretary of War, January 31, 1862.

5. General Totten’s report on the defenses of Maine.

6. Governor Washburn’s letters of February 13 and 28, 1862.

7. Act of Legislature of Maine, approved February 12, 1862.

8. Resolves of Legislature of Maine, approved March 10, 1862.

9. Act of Legislature of Maine, approved March 13, 1862.

10. Letter of notice to Secretary of Treasury, March 22, 1862.

11. Senate bill No. 239.

12. House bill No. 370.

13. Speech of the Governor of New Brunswick to the Legislative Council and House of Assembly, February 12, 1862, and the reply.

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WAR DEPARTMENT, Washington City, D. C., April 5, 1862.

Ordered:

1. That all sick and wounded soldiers in the service of the United States, who in the opinion of the medical officer in charge will be unfit for duty within thirty days, shall, at their own request, be discharged the service.

2. That the Paymaster-General assign at each post a paymaster to pay off the sick and disabled soldiers, and that the Adjutant-General make such further orders as may be necessary to carry the above-mentioned objects into full and immediate effect.

EDWIN M. STANTON, Secretary of War.

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[APRIL 5, 1862.-For Stanton’s order regarding General Dix’s jurisdiction at Baltimore, see Series II, Vol. Ill, p. 426.]

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CINCINNATI, April 5, 1862.

Hon. E. M. STANTON, Secretary of War:

I have selected the Lancaster No. 3 in place of the Champion No. 3. The Lancaster is larger and stauncher, though two years older. I have had her inspected. She is reported sound. The price is $8,000. A boat builder is engaged to make the alterations, and she will be on the ways and in hand this afternoon.

Respectfully,

CHAS. ELLET, JR.

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GENERAL ORDERS No. 36.*} WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 7, 1862.

1. The general hospitals are under the direction of the Surgeon-General. Orders not involving expense of transportation may be given by him to transfer medical officers or hospital stewards from one general hospital to another, as he may deem best for the service.

2. The chief medical officer, to whom the charge of all the general hospitals in a city may be intrusted, will cause certificates of disability to be made out for such men as, in his judgment, should be discharged. He will be responsible that the certificates are given for good cause, and that they are made in proper form, giving such medical description of the cases, with the degree of disability, as may enable the Pension Office to decide on any claim to pension which may be based upon them. The certificates of disability will be signed by the chief medical officer and forwarded by him to the military commander in the city, who shall have authority to order the discharge and dispose of the case according to existing regulations.

3. The final statements and all the discharge papers will be made out under the supervision of the military commander and signed by him. Where the men are provided with their descriptive rolls there will be no delay in discharging them after their certificates of disability are acted on. But if they have no descriptive rolls, application will be made to the company commander for the proper discharge {p.10} papers, and the men may be maintained at the hospital a reasonable time while awaiting them, to avoid their being turned off without means of support. The discharge will in all cases bear the date when the papers are actually furnished the soldier. (See note.)

4. When a man is received in any hospital without his descriptive roll the fact will be immediately reported by the medical officer in charge to the military commander, who will at once call on the company commander, in the name of the Secretary of War, promptly to furnish the military history of the man, and his clothing, money, and other accounts with the Government.

5. When too long a delay would arise in discharging the man because of the remote station of his company application will be made by the medical officer to the Adjutant-General for such account of the man as his records will furnish. To this partial descriptive roll the medical officer will add the period for which pay is due the man since his entry into the hospital. The man will then ,be discharged and receive the pay and traveling allowances thus shown to be due him, leaving the balance due him on account of clothing, retained pay, &c., for settlement in such manner as may hereafter be determined. (See note.)

6. The military commander’s duties, in reference to all troops and enlisted men who happen to come within the limits of his command, will be precisely those of a commanding officer of a military post.

7. It is made the duty of each military commander to correct, as far as may be in his power, the evils and irregularities arising from the peculiar state of the service at this time, by collecting stragglers and sending them forward to their proper stations or discharging them on certificates of disability, if, on examination by the chief medical officer, they be found unfit for the service.

8. The military commander in each city will have control of such guards as may be furnished to preserve discipline and good order at the several military hospitals. He will advise the Adjutant-General of the Army what number of companies will be required for such guards. He will cause them to be properly posted, relieved, and instructed.

9. Whenever the chief medical officer shall report a number of patients as fit to join their regiments the military commander will give the necessary orders to have them forwarded in good order and under suitable conduct.

10. The chief medical officer in each city is authorized to employ as cooks, nurses, and attendants any convalescent, wounded, or feeble men who can perform such duties, instead of giving them discharges.

11. All officers and enlisted men of volunteers who are on parole not to serve against the rebels will be considered on leave of absence until notified of their exchange or discharge. They will immediately report their address to the Governors of their States, who will be duly informed from this office as to their exchange or discharge.

12. The duties of military commander, as above defined, will devolve, in the District of Columbia, on the Military Governor; in the city of Baltimore, on the commander of the Middle Department; in the city of Philadelphia, on Lieut. Col. H. Brooks, Second Artillery, hereby assigned to that station; in the city of New York and the military posts in that vicinity, on Bvt. Brig. Gen. H. Brown, colonel Fifth U. S. Artillery.

By order of the secretary of War:

L. THOMAS, Adjutant-General.

* Originally issued without the “notes” hereto attached.

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Note to paragraph 3.-The first sentence of this paragraph is modified to read as follows:

The final statements and all the discharge papers will be made out under the supervision of the military commander and signed by him when the soldier is not in a U. S. hospital or under the charge of a U. S. surgeon. But if he is under a U. S. surgeon or in a U. S. hospital, the surgeon will, in either case, make out and sign the discharge and final statements, after the military commander has indorsed the authority to discharge the soldier upon the usual discharge and certificates of disability.

ADJUTANT-GENERAL’S OFFICE, August 26, 1862.

Note to paragraph 5.-” In cases where too long a delay would arise in discharging a man because of the remote station of his company,” and when no descriptive list, or partial descriptive list, can be obtained from this office, the men referred to will be discharged under this order, and an order given them on the Quartermaster’s Department for transportation to their homes. This order will be signed by the same officer who signs the discharge. The Quartermaster’s Department will furnish transportation to such men upon the presentation of this order, requiring them also to show their discharge.

By order of Major-General Halleck:

E. D. TOWNSEND, Assistant Adjutant-General.

Note 2 to paragraph 5.-The sentence “To this partial descriptive roll the medical officer will add the period for which pay is due the man since his entry into the hospital,” will be understood to give him pay on this final statement from the muster next preceding his entry into the hospital until the date of his discharge.

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NEW ALBANY, April 7, 1862.

Hon. E. M. STANTON, Secretary of War:

Have heard nothing from your agent, Mr. Ellet.* Feel a deep solicitude in having something done immediately. Would be glad to co-operate with you. Would suggest taking some of the largest and staunchest steamers in the West and encase them completely with railroad iron. We think two or three could be got ready here in thirty days, such as would control the Ohio and Mississippi Rivers. Have retained a large number of our mechanics, who wanted to go to other points to obtain employment. Shall we not hear from you again immediately?

A. S. BURNETT, Mayor.

* See Stanton to Burnett, March 29, Vol. I, this series, p. 955.

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WAR DEPARTMENT, Washington, D. C., [April 7,] 1862.

A. S. BURNETT, Esq., Mayor of New Albany:

Mr. Ellet, having started work at Pittsburg, is now at Cincinnati, and I have directed him to proceed to New Albany; but if you will {p.12} send me an estimate of the cost of one of your largest and staunchest boats, fitted up and armored according to the best plan devised by your own mechanics, I will consider it, and, if approved, will leave the matter in the hands of your own people. I want Pittsburg, Cincinnati, and New Albany skill, economy, enterprise, and patriotism to compete against each other. Will give each an equal fair test, and then choose between them for future work. Time is a great element of choice.

EDWIN M. STANTON, Secretary of War.

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CINCINNATI, OHIO, April 7, 1862.

Hon. E. M. STANTON, Secretary of War:

I encounter impediments, owing to all dry docks and ways being owned by one company. The work is not yet begun, but I trust it will be to-morrow. I want authority to have it done at any place on the river I may select. Mr. Shields is here.

CHAS. ELLET, JR.

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WAR DEPARTMENT, Washington City, D. C., April 7, 1862.

CHARLES ELLET, Jr., Cincinnati, Ohio:

You are authorized to have the work done wherever it can be with most facility and advantage in your judgment. I regret delays.

EDWIN M. STANTON, Secretary of War.

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GENERAL ORDERS No. 37.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 8, 1862.

The following resolution of Congress is published for the information of all concerned:

A RESOLUTION to authorize the President to assign the command of troops in the same field or department to officers of the same grade, without regard to seniority.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever military operations may require the presence of two or more officers of the same grade in the same field or department, the President may assign the command of the forces in such field or department, without regard to seniority of rank.

Approved April 4, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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GENERAL ORDERS No. 38.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 8, 1862.

Col. Anson Stager, assistant quartermaster, has been appointed military superintendent of telegraph lines throughout the United States.

Commanding officers in the military service will, upon the requisition of Colonel Stager, or of his assistants, give such aid as may be {p.13} necessary in the construction, repair, and protection of military telegraph lines, and will furnish to the employés connected with those lines transportation, rations in kind, fuel, lights, stationery, and shelter, such as are allowed to other Government employés.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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CINCINNATI, OHIO, April 8, 1862.

Hon. E. M. STANTON, Secretary of War:

My work here is now fairly under way. I will leave it in Mr. Jeffrey’s care and take Mr. Shields to-morrow to New Albany to aid me in procuring a boat and commencing work there.

Respectfully,

CHAS. ELLET, JR.

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WAR DEPARTMENT, Washington, D. C., April 8, 1862.

CHARLES ELLET, Jr., Cincinnati:

Call on Mr. Burnett, mayor of New Albany. He and a committee there will aid you. Notify me of your arrival there.

EDWIN M. STANTON, Secretary of War.

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PITTSBURG, PA., April 8, 1862.

Hon. E. M. STANTON, Secretary of War:

Mr. Ellet telegraphs from Cincinnati for one barge and 9,000 cubic feet of oak. Barge and timber cost about $35,000. Shall we purchase? Work on steamers progressing rapidly. River rising. Plenty of water. Have no instructions from Quartermaster-General.

WM. K. NIMICK.

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WAR DEPARTMENT, Washington, D. C., [April 8,] 1862.

WILLIAM K. NIMICK, Assistant Quartermaster, Pittsburg:

You will please purchase whatever Mr. Ellet desires, and also whatever you think is needed for your own work. The immense pressure on the Quartermaster-General’s Office has no doubt occasioned the delay in sending instructions. His attention will be called to the matter to-morrow morning. I have already drawn one requisition on the Treasury in your favor for $25,000, and will supply funds whenever you estimate upon me. Urge on the work. We have glorious news from the West, and hope soon to send a shout back from the Chesapeake.

EDWIN M. STANTON, Secretary of War.

{p.14}

–––

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

It has pleased Almighty God to vouchsafe signal victories to the land and naval forces engaged in suppressing an internal rebellion, and at the same time to avert from our country the dangers of foreign intervention and invasion.

It is therefore recommended to the people of the United States that at their next weekly assemblages in their accustomed places of public worship which shall occur after notice of this proclamation shall have been received they especially acknowledge and render thanks to our Heavenly Father for these inestimable blessings; that they then and there implore spiritual consolations in behalf of all who have been brought into affliction by the casualties and calamities of sedition and civil war, and that they reverently invoke the Divine guidance for our national counsels, to the end that they may speedily result in the restoration of peace, harmony, and unity throughout our borders, and hasten the establishment of fraternal relations among all the countries of the earth.

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 tenth day of April, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-sixth.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

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LOUISVILLE, April 10, 1862. (Received 1.16 a.m. 11th.)

Hon. E. M. STANTON, Secretary of War:

The boats which approach nearest my wants are the Switzerland, now at Portland, price $13,000, and Queen of the West, at Cincinnati, price $16,000. Please authorize Mr. Butler, of Cincinnati, to purchase both. I will send the Switzerland up to Madison to-morrow. There are no means of drawing her out at New Albany.

Respectfully,

CHAS. ELLET, JR.

–––

WAR DEPARTMENT, Washington, D. C., April 11, 1862.

ACKNOWLEDGMENT OF OFFERS OF ASSISTANCE.

The Secretary of War makes public acknowledgment to the Governors of Massachusetts, Indiana, and Ohio, and to the mayor of Cincinnati, and to the Board of Trade of Pittsburg, Pa., for their prompt offers of assistance for the relief of the officers and soldiers wounded in the late great battle on the Tennessee River. These offers have been accepted. It is understood that similar humane and patriotic service has been tendered by other city and State authorities which have not been reported to the Department, but are thankfully acknowledged.

EDWIN M. STANTON, Secretary of War.

{p.15}

–––

WAR DEPARTMENT, Washington, D. C., April 11, 1862.

JOSEPH C. BUTLER, Esq., President Board of Trade, Cincinnati:

You are authorized to purchase the Queen of the West at $16,000 and the Switzerland at $13,000, being the prices named by Mr. Ellet. The latter boat is at Portland.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, D. C., April 11, 1862.

CHARLES ELLET, Jr., Louisville:

Mr. Butler has been authorized to purchase the boats named in your telegram at the prices mentioned.

EDWIN M. STANTON, Secretary of War.

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LOUISVILLE, Ky., April 11, 1862. (Received 1.20 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

Have bought the Switzerland, subject to your ratification, for $12,000, to be delivered at Madison to-day. I leave immediately for Cincinnati. Your dispatch authorizing the purchase on terms named to you yesterday is just received.

CHAS. ELLET, JR.

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CINCINNATI, April 12, 1862. (Received 4.10 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

The saw-mills are flooded here and at Madison, and the work consequently stopped.

CHAS. ELLET, JR.

–––

INDIANAPOLIS, April 12, 1862. (Received 8.40 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

A number of recruits for the batteries and regiments organizing were enrolled, uniformed, and in camp prior to April 3, but not mustered. Colonel Simonson refuses to muster any after that date. Will you not allow them to be mustered? They have been put on duty guarding prisoners. What shall be done with incomplete artillery companies and the company for Fifty-ninth Regiment named in Adjutant-General Noble’s letter?

O. P. MORTON, Governor.

{p.16}

–––

SPECIAL ORDERS No. 80.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 12, 1862.

...

2. Col. William Weer, having been illegally deposed by the Governor of Kansas, is reinstated in his position of colonel Fourth Regiment Kansas Volunteers. Any orders that may have been given by the Governor of Kansas for the consolidation of the Fourth Regiment with other Kansas troops are hereby revoked, and the regiment will preserve the organization it had prior to the issue of such order.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., April 18, 1862.

Governor MORTON, Indianapolis:

Order will be given Colonel Simonson to receive the recruits in camp on the 3d of April. As to the artillery and infantry companies, instructions will be given to-morrow.

EDWIN M. STANTON, Secretary of War.

–––

CIRCULAR.]

WAR DEPARTMENT, Washington, April 14, 1862.

The returns from many of the States being found imperfect, and some changes having been made since the last returns, will you please send to this Department a full and accurate statement of all the troops from your State which are now in the service of the General Government, together with a separate list of all not mustered into the service, and all used as home guards, &c.? Keep each arm of the service distinct and exhibit the total of each with the grand total. The object of this is to arrive at the entire number of men armed and employed in the military service in any capacity, in order to provide adequate appropriations for payment and supplies, and it is highly desirable that your statement should be sent with no delay. Please acknowledge receipt immediately.

EDWIN M. STANTON, Secretary of War.

NOTE.-To be sent to the Governors of each of the loyal States by telegraph.

–––

CINCINNATI, OHIO, April 14, 1862. (Received 7.40.)

Hon. E. M. STANTON:

The work here is progressing fairly. The Lancaster, I hope, will be finished this week. I go to-morrow to Madison, thence to Pittsburg.

CHAS. ELLET, JR.

{p.17}

–––

GENERAL ORDERS, No. 40.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 15, 1862.

The Secretary of War has observed, with some surprise, that the commanders of one or two military departments, conceiving themselves empowered to do so, have undertaken to accept the resignations of, and otherwise discharge from the service of the United States, officers commissioned or appointed by the President in the volunteer staff of the Army. All such discharges are irregular, and unless confirmed by the President void of effect. None but the President can discharge an officer appointed by himself; and as he has not delegated this power to any general, no general must attempt to exercise it.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

INDIANAPOLIS, April 15, 1862.

Hon. E. M. STANTON:

Dispatch received. Returns will be made out by adjutant-general and forwarded as soon as possible.

O. P. MORTON, Governor.

–––

AUGUSTA, April 15, 1862.

Hon. E. M. STANTON:

Circular received. It shall be attended to immediately.

I. WASHBURN, JR.

–––

ANNAPOLIS, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your telegram just received. The returns to this department are not sufficient to enable me to answer with required accuracy your inquiry. I will immediately communicate with some of the commanding officers, and in a day or two be able to give a satisfactory reply.

A. W. BRADFORD.

–––

EXECUTIVE DEPARTMENT, Boston, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Circular telegram received. Have ordered adjutant-general of the Commonwealth to prepare reply from statistics in his office.

JNO. A. ANDREW, Governor.

{p.18}

–––

JEFFERSON CITY, MO., April 15, 1862.

Hon. E. M. STANTON, Secretary of War:

Your dispatch of this day received. Adjutant-general will be ordered to prepare and forward returns as soon as possible.

H. R. GAMBLE, Governor of Missouri.

–––

TRENTON, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Circular of this date received. The information required will be forwarded as soon as possible.

CHAS. S. OLDEN.

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ADJUTANT-GENERAL’S OFFICE, Washington, April 15, 1862.

GOVERNOR OF NEW YORK, Albany, N. Y.:

Please send to this city any organized infantry regiments and artillery companies you may have, but not dismounted cavalry.

L. THOMAS, Adjutant-General.

(Same to Governor of Pennsylvania, Harrisburg, Pa.)

–––

ALBANY, April 15, 1862.

General L. THOMAS:

No volunteer infantry remaining in the State except the One hundred and sixth Regiment, which will be organized and sent forward at once. No volunteer artillery except the Fifth Regiment, now occupying the forts in New York Harbor. Shall that go?

THOS. HILLHOUSE, Adjutant-General.

[Indorsement.]

The artillery not to come forward.

L. T[HOMAS].

–––

COLUMBUS, OHIO, April 15, 1862.

Hon. E. M. STANTON:

The returns asked for in your dispatch of this date shall be promptly sent to you.

DAVID TOD, Governor.

–––

HARRISBURG, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your dispatch received. The statements asked for will be made as early as possible.

A. G. CURTIN.

{p.19}

–––

BRATTLEBOROUGH, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your telegram received. I will direct adjutant-general of Vermont to prepare and forward immediately full statement of Vermont troops now in the U. S. service as you request.

FRED. HOLBROOK, Governor of Vermont.

–––

WHEELING, April 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your telegram received. Will send statement by mail immediately.

H. W. CROTHERS, Colonel and Aide to Governor.

–––

MADISON, April 15, 1862.

Hon. E. M. STANTON, Secretary of War:

Your dispatch received. Statement will be sent immediately.

L. P. HARVEY, Governor of Wisconsin.

–––

GENERAL ORDERS No. 41.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 16, 1862.

I. All agents appointed by the Governor of a State under its laws to obtain from its volunteer soldiers assignments of pay for the benefit of their families will be recognized as such by paymasters, who will afford them all necessary facilities for that purpose, so far as is consistent with the public service.

II. Transportation to soldiers on sick-leave may be furnished and the cost stopped from their pay in the same manner as other stoppages are made. Necessary transportation furnished to soldiers on sick-leave by the authorities of any State to which such soldiers belong will be deducted from their pay and refunded to the State by the paymaster, whose warrant for making the stoppage will be the certificate of the proper agent of the State, accompanied by the receipt of the soldier for the transportation. Where several soldiers of different companies are concerned, separate accounts will be made for each company.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

WAR DEPARTMENT, Washington, D. C., April 16, 1862.

The HONORABLE CHAIRMAN OF THE COMMITTEE OF WAYS AND MEANS, HOUSE OF REPRESENTATIVES:

SIR: The appropriation at the last session of Congress for the payment of volunteer troops enlisted in the service of the United States {p.20} was based upon the estimate that their number would not exceed 600,000. The number of volunteers in the service is believed to be nearly 700,000. By reason of this increased force the whole appropriation for the payment of volunteers will be exhausted by the 30th of this month, and provision should be made to meet the payments until the 30th of June. Upon the report of the Paymaster-General, I recommend that an appropriation of $30,000,000 be made for that purpose. An additional appropriation of $100,000 will also be required to carry into effect the act passed 25th of March, 1862, to secure pay, bounty, and pensions to officers and men actually employed in the Western Department or Department of the Missouri.

I have the honor to be, very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

–––

NORWICH, April 16, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your order to report all troops shall have prompt attention.

W. A. BUCKINGHAM, Governor of Connecticut.

–––

FRANKFORT, KY., April 16, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Dispatch received. Governor absent. A complete list of all Kentucky forces in the field, together with all not mustered into service and all used as home guards, with necessary minutiæ, will be promptly sent you. Your dispatch now before the Military Board.

NAT. GAITHER, JR., Secretary of State.

–––

SAINT PAUL, April 16, 1862. (Received 1.36 p.m. 17th.)

Hon. EDWIN M. STANTON, Secretary of War:

The troops now in service of General Government from Minnesota are as follows: First Infantry, on Potomac, men, 869; Second Infantry, in Tennessee, men, 860; Third Infantry, in Tennessee, men, 910; Fourth Infantry, at Fort Snelling, men, 958; Fifth Infantry, at Fort Snelling and frontier posts, 807; First Company Minnesota Sharpshooters, with Berdan, 81; Second Company Minnesota Sharpshooters, at Saint Paul, 103; First Company Light Cavalry, Tennessee, 83; Second Company Light Cavalry, Tennessee, 95; Third Company Light Cavalry, Tennessee, 84; First Battery of Artillery, Tennessee, 146; Second Battery of Artillery, at Fort Snelling, 144; recruits for First and Second Regiments, at Fort Snelling, 43. Total, 6,163. Full particulars by mail.

ALEX. RAMSEY, Governor.

{p.21}

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CONCORD, N. H., April 16, 1862.

Hon. EDWIN M. STANTON:

Your telegram in relation to our troops now in the service is received. Will reply by letter to-morrow.

N. S. BERRY, Governor of New Hampshire.

–––

COLUMBUS, April 16, 1862.

Hon. EDWIN M. STANTON:

The return ordered in your dispatch of yesterday is this day mailed to you showing about 76,000 in the field and about 4,000 in the State.

DAVID TOD, Governor.

–––

SPECIAL ORDERS No. 84.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 17, 1862.

...

5. The Governor of Ohio is hereby authorized to continue until further orders the manufacture of ammunition at the State laboratory at Columbus, and to fill requisitions that may be made from time to time by the commanding general of any department. The quartermaster-general of Ohio is requested to report semi-monthly to the Ordnance Bureau the exact condition of the Ohio arsenal as to ammunition.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

ANDOVER, April 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

I have been directed by the Governor to acknowledge the receipt of your telegram dated Washington, April 16, 1862, and to say to you that he will reply to it as soon as possible by mail.

EDWARD RIDGELY, Secretary of State of Delaware.

–––

ALBANY, April 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your telegram received. The information required, giving the number of troops from this State and the arm of service, will be forwarded by mail to-morrow.

THOS. HILLHOUSE, Adjutant-General.

{p.22}

–––

GENERAL ORDERS No. 42.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 18, 1862.

...

IV. The attention of officers empowered by law to assemble general courts-martial is directed to the Regulations, paragraphs 896 and 897, relative to forwarding the proceedings of such courts, with their action indorsed on each case, and a copy of the order promulgating the proceedings, promptly, to the Judge-Advocate of the Army, at Washington. Much embarrassment is occasioned to the War Department by failure to comply with these regulations, which must be at once remedied wherever they have been neglected.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

GENERAL ORDERS No. 43.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 19, 1862.

The following act of Congress is published for the information of all concerned:

AN ACT to reorganize and increase the efficiency of the Medical Department of the Army.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be added to the present Medical Corps of the Army ten surgeons and ten assistant surgeons, to be promoted and appointed under existing laws; twenty medical cadets, and as many hospital stewards as the Surgeon-General may consider necessary for the public service, and that their pay and that of all hospital stewards in the volunteer as well as the regular service shall be thirty dollars per month, to be computed from the passage of this act. And all medical cadets in the service shall, in addition to their pay, receive one ration per day, either in kind or commutation.

SEC. 2. And be it further enacted, That the Surgeon-General to be appointed under this act shall have the rank, pay, and emoluments of a brigadier-general. There shall be one Assistant Surgeon-General and one Medical Inspector-General of hospitals, each with the rank, pay, and emoluments of a colonel of cavalry, and the Medical Inspector-General shall have, under the direction of the Surgeon-General, the supervision of all that relates to the sanitary condition of the Army, whether in transports, quarters, or camps, and of the hygiene, police, discipline, and efficiency of field and general hospitals, under such regulations as may hereafter be established.

SEC. 3. And be it further enacted, That there shall be eight medical inspectors, with the rank, pay, and emoluments each of a lieutenant-colonel of cavalry, and who shall be charged with the duty of inspecting the sanitary condition of transports, quarters, and camps, of field and general hospitals, and who shall report to the Medical Inspector-General, under such regulations as may be hereafter established, all circumstances relating to the sanitary condition and wants of troops and of hospitals, and to the skill, efficiency, and good conduct of the officers and attendants connected with the Medical Department.

SEC. 4. And be it further enacted, That the Surgeon-General, the Assistant Surgeon. General, Medical Inspector-General, and medical inspectors, shall, immediately after the passage of this act, be appointed by the President, by and with the advice and consent of the Senate,by selection from the Medical Corps of the Army, or from the surgeons in the volunteer service, without regard to their rank when so selected, but with sole regard to qualifications.

SEC. 5. And be it further enacted, That medical purveyors shall be charged, under the direction of the Surgeon-General, with the selection and purchase of all medical supplies, including new standard preparations, and of all books, instruments, hospital stores, furniture, and other articles required for the sick and wounded of the Army. In all cases of emergency they may provide such additional accommodations for the sick and wounded of the Army, and may transport such medical supplies as circumstances may render necessary, under such regulations as may hereafter be established, and shall make prompt and immediate issues upon all special requisitions made upon them under such circumstances by medical officers; and the special {p.23} requisitions shall consist simply of a list of the articles required, the qualities required, dated and signed by the medical officers requiring them.

SEC. 6. And be it further enacted, That whenever the Inspector-General, or any one of the medical inspectors, shall report an officer of the Medical Corps as disqualified, by age or otherwise, for promotion to a higher grade, or unfitted for the performance of his professional duties, he shall be reported by the Surgeon-General, for examination, to a medical board, as provided by the seventeenth section of the act approved August third, eighteen hundred and sixty-one.

SEC. 7. And be it further enacted, That the provisions of this act shall continue and be in force during the existence of the present rebellion and no longer: Provided, however, That when this act shall expire all officers who shall have been promoted from the medical staff of the Army under this act shall retain their respective rank in the Army, with such promotion as they would have been entitled to,

Approved April 16, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

[APRIL 19, 1862.-For Ellet to Stanton, relating to the construction of ram fleet, &c., see Series I, Vol. X, Part II, p. 112.]

–––

PITTSBURG, April 19, 1862.

Hon. E. M. STANTON:

Mingo ready; Lioness will be in four days, and Samson in six days. Mr. Ellet arrived this morning.

WM. K. NIMICK.

–––

CAIRO, ILL., April 20, 1862.

President LINCOLN:

Governor Harvey, of Wisconsin, was drowned last night about 11 o’clock at Savannah, on the Tennessee River, while passing from one boat to another. All search for his body had proved fruitless up to the time dispatch left.

W. K. STRONG, Brigadier-General, Commanding.

–––

PITTSBURG, April 21, 1862.

Hon. E. M. STANTON, Secretary of War:

As stated in my dispatch of Saturday asking for instructions,* which are not yet received, three boats here and one at Cincinnati will be ready as soon as I can obtain crews for them. The men and coal and supplies ought to be engaged promptly, and the two small boats for pickets and tenders, as authorized, should be purchased immediately.

Respectfully,

CHAS. ELLET, JR.

* See Series I, Vol. X, Part II, p. 112.

–––

INDIANAPOLIS, April 21, 1862.

EDWIN M. STANTON, Secretary of War:

That a great battle is impending at Corinth is evident. Before additional surgical aid can reach the field from any quarter five or {p.24} six days will elapse. Meanwhile the wounded must suffer immensely. It was so at Donelson and Pittsburg. Indiana has at least twenty-four regiments before the enemy. I propose to send at once to each of them two additional assistant surgeons, and respectfully request authority from you to do so. I regard this as an absolute necessity. Please answer immediately.

O. P. MORTON, Governor of Indiana.

–––

WAR DEPARTMENT, Washington City, April 21, 1862.

His Excellency O. P. MORTON, Governor, Indianapolis, Ind.:

You have authority to send to each of the Indiana regiments in the field in Tennessee two additional assistant surgeons, agreeably to your request.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

–––

GENERAL ORDERS No. 46.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 22, 1862.

Brig; Gen. George L. Hartsuff, assistant adjutant-general, U. S. Army, is assigned to special duty in the War Department from the 14th instant.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

WAR DEPARTMENT, Washington City, D. C., April 22, 1862.

CHARLES ELLET, Jr., Pittsburg:

Your dispatch received. Reply to your telegrams of Saturday and yesterday have been delayed to receive information from the Navy Department. Instructions will be sent to-morrow.

EDWIN M. STANTON, Secretary of War.

–––

WAR DEPARTMENT, Washington City, D. C., April 23, 1862.

CHARLES ELLET, Jr., Pittsburg:

The purchase of the coal and barges and two tenders is approved and may be done immediately.* The compensation of crew and mode of manning is being considered by the Department. Brooks informs me the work on the Monarch is going on briskly.

EDWIN M. STANTON.

* For reply, see Series I, Vol. X, Part II, p. 123.

{p.25}

–––

GENERAL ORDERS No. 46.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 23, 1862.

...

II. Surgeons from civil life who tender their services for the sick and wounded in the field, under the invitation of the Secretary of War, will each be allowed, while so employed, the use of a public horse, a tent, the necessary servants, and the privilege of purchasing subsistence stores from the Commissary Department.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

ALBANY, April 23, 1862.

Hon. E. M. STANTON, Secretary of War:

The volunteer force from this State in the service of United States, as nearly as can be ascertained, is as follows: Infantry, 84,368; artillery, 8,686; cavalry, 8,713; engineers, 873. Total, 102,630. Detailed statement sent by mail to-day.

THOS. HILLHOUSE, Adjutant-General.

–––

[APRIL 24, 1862.-For Ellet to Stanton, relating to the purchase of boats for the ram fleet, &c., see Series I, Vol. X, Part II, p. 123.]

–––

WAR DEPARTMENT, Washington City, April [25], 1862.

CHARLES ELLET, Jr., Esq., Pittsburg:

The instructions and authority to be given you have been carefully considered by this Department and the following are communicated:

Orders have already been given authorizing the purchase of coal, as requested in your telegram of the 19th instant. You are also authorized to engage the crew at current Mississippi River wages. The purchase of two small tugs as tenders has also been ordered. You are authorized to provision the boats as you suggest. The request to promise an additional month’s wages for every fortified position passed is so indefinite that, with reluctance, I am constrained to decline compliance; but I authorize you to promise extra compensation for the capture or destruction of prizes, the amount to be determined equitably by the Secretary of War. You are authorized to add the guard of from twelve to twenty men of the volunteers for each boat, to be commanded by a lieutenant of your own selection, the whole to be under a common commander of higher grade, and in order to give you authority over the entire forces, I propose to appoint you a colonel on the staff, to hold the rank so long as may be necessary for the complete execution of the enterprise. You are allowed a clerk, as you request, and shall have the services of a surgeon and an assistant surgeon. It is the wish of the Department to give you every possible facility to insure success. Military commanders, {p.26} to whom you may apply for the required guards on showing this authority, are hereby directed to comply with your requisitions. It is unnecessary to say, except to guard against misapprehension, that the expedition must move upon the enemy with the concurrence of the naval commander on the Mississippi River, for there must be no conflicting authorities in the prosecution of war. If any doubt should arise in your mind, or you need further instructions, please telegraph and please report the state of your operations on receipt of this.*

EDWIN M. STANTON, Secretary of War.

* For reply, see Series I, Vol. X, Part II, p. 127, and for Stanton to Ellet and Ellet to Stanton, April 26, 1862, upon the same subject, see ibid., pp. 180, 131.

–––

GENERAL ORDERS No. 47.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 26, 1862.

When the care of sick and wounded soldiers is assumed by the States from which they come, the Subsistence Department will commute their ration at 25 cents.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

GENERAL ORDERS No. 48.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, April 28, 1862.

I. Asst. Surg. William A. Hammond, U. S. Army, having been appointed by the President Surgeon-General, with the rank of brigadier-general, under the act approved April 16, 1862, will enter without delay upon the duties of his office.

II. Applications for transportation for the removal of sick men, for nurses, and for supplies for the sick will be made hereafter to the Surgeon-General. The Surgeon-General is also authorized to give passes at his discretion for private physicians, nurses, and friends of sick and wounded soldiers to attend and visit them.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

EXECUTIVE OFFICE, Omaha, April 28, 1862.

Hon. E. M. STANTON, Secretary of War:

Nebraska has one regiment of infantry in the field, about 900 men; also a battalion of cavalry, about 360 men; no home guards.

A. SAUNDERS, Governor of Nebraska.

–––

[APRIL 28, 1862.-For Ellet to Stanton, relating to ram fleet, see Series I, Vol. X, Part II, p. 138.]

{p.27}

–––

ADJUTANT-GENERAL’S OFFICE, Washington, April 28, 1862.

Mr. BRIGHAM YOUNG, Salt Lake City, Utah:

By express direction of the President of the United States you are hereby authorized to raise, arm, and equip one company of cavalry for ninety days’ service. This company will be organized as follows:

One captain, 1 first lieutenant, 1 second lieutenant, 1 first sergeant, 1 quartermaster-sergeant, 4 sergeants, 8 corporals, 2 musicians, 2 farriers, 1 saddler, 1 wagoner, and from 56 to 72 privates. The company will be employed to protect the property of the telegraph and overland mail companies in or about Independence Rock, where depredations have been committed, and will be continued in service only till the U. S. troops can reach the point where they are so much, needed. It may therefore be disbanded previous to the expiration of the ninety days. It will not be employed for any offensive operations other than may grow out of the duty hereinbefore assigned to it. The officers of the company will be mustered into the U. S. service by any civil officer of the United States Government at Salt Lake City competent to administer the oath. The men will then be enlisted by the company officers. The men employed in the service above named will be entitled to receive no other than the allowances authorized by law to soldiers in the service of the United States. Until the proper staff officer for subsisting these men arrive you will please furnish subsistence for them yourself, keeping an accurate account thereof for future settlement with the United States Government.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, D. C., April 29, 1862.

Brig. Gen. R. SAXTON:

SIR: You are assigned to duty in the Department of the South, to act under the orders of the Secretary of War. You are directed to take possession of all the plantations heretofore occupied by rebels, and take charge of the inhabitants remaining thereon within the department, or which the fortunes of the war may hereafter bring into it, with authority to take such measures, make such rules and regulations for the cultivation of the land, and for protection, employment, and government of the inhabitants as circumstances may seem to require. The major-general commanding the Department of the South will be instructed to give you all the military aid and protection necessary to enable you to carry out the views of the Government. You will have power to act upon the decisions of courts-martial which are called for the trial of persons not in the military service to the same extent that the commander of a department has over courts-martial called for the trial of soldiers in his department; and so far as the persons above described are concerned you will also have a general control over the action of the provost-marshals. It is expressly understood that, so far as the persons and purposes herein specified are concerned, your action will be independent of that of other military authorities of the department, and in all other cases subordinate only to the major-general commanding. In cases of actual suffering and destitution of the inhabitants you are directed to issue such portions of the army ration and such articles {p.28} of clothing as may be suitable to the habits and wants of the persons supplied, which articles will be furnished by the quartermaster and commissary of the Department of the South upon requisitions approved by yourself. It is expected that by encouraging industry, skill in the cultivation of the necessaries of life, and general self-improvement you will, as far as possible, promote the real well-being of all people under your supervision. Medical and ordnance supplies will be furnished by the proper officers, which you will distribute and use according to your instructions.

EDWIN M. STANTON, Secretary of War.

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PITTSBURG, April 30, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The Mingo and her tow left yesterday. The Lioness with the remainder of the coal is leaving now. The Samson has her crew engaged and will leave to-morrow. The officers for the two steam tenders are engaged at work, but they will be delayed some days. I expect to be in Cincinnati to-morrow morning. I am greatly indebted to the indefatigable committee here. Please order the following arms, to be delivered speedily to Thomas Sherlock, Cincinnati, for my use: 300 rifled muskets and ammunition, 300 navy revolvers and ammunition, 300 cutlasses, nine small cases of parapet hand-grenades, such as would be most convenient for throwing over a bulwark, to clear the bows of the steamer in case of boarding.

CHAS. ELLET, JR.

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SPRINGFIELD, ILL., April 30, 1862.

Hon. EDWIN M. STANTON:

I leave to-night for Pittsburg, Tenn. I desire an answer authorizing me to appoint two additional surgeons for each Illinois regiment, as has been permitted to Governor of Indiana. Answer immediately.

RICHD. YATES, Governor of Illinois.

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WAR DEPARTMENT, Washington City, D. C., April 30, 1862.

His Excellency Governor YATES, Springfield, Ill.:

You are authorized to appoint temporarily two additional surgeons for each Illinois regiment, the appointment to continue until further order of this Department.

EDWIN M. STANTON, Secretary of War.

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GENERAL ORDERS No. 49.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 1, 1862.

Upon requisitions made by commanders of armies in the field authority will be given by the War Department to the Governors of the respective States to recruit regiments now in service.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.29}

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WAR DEPARTMENT, Washington, D. C., May 1, 1862.

Major-General HALLECK, Pittsburg Landing:

The order stopping recruiting was for the purpose of compelling returns from the respective Governors. They have now been received. It is the design of the Department to keep the force up to its present standard. You may therefore call upon the Governors of the respective States in your command for recruits to fill up the regiments now in the field. A general order authorizing such call in your department will be made to-day.*

EDWIN M. STANTON, Secretary of War.

* See next, ante.

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ORDNANCE OFFICE, Washington, May 3, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the reference to this office of a letter from the Secretary of State, inclosing one to him from Whitney Bros. & Co., of Calcutta, who propose to furnish saltpeter, delivered at New York in bond, for 7 1/2 cents a pound, and asking your views on the subject. In obedience to your instructions indorsed on said letter I have to report that we have at this time in store of our stock and recent purchases about 7,666,091 pounds of saltpeter. This will produce 94,446 barrels of powder. The amount of powder purchased by this department during the year 1861 is about 30,600 barrels. Taking this as a basis, we have on hand a sufficient quantity of saltpeter for carrying war on the present gigantic scale for a period of three years after the manufacturers of powder for Government shall have exhausted their means of supply. In view of these facts, and also of the want of sufficient and safe store-room for preserving this dangerous crude material, I am of the opinion that our present supply of saltpeter is ample and that no more should be purchased at this time: The letter from the Secretary of State with its inclosures is herewith returned.

Very respectfully, &c.,

JAS. W. RIPLEY, Brigadier-General.

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HDQRS. NORTHERN DISTRICT, DEPT. OF THE SOUTH, Edisto, May 6, 1862.

JULES DE LA CROIX, Esq., U. S. Agent in Charge of Contrabands:

DEAR SIR: General Hunter, as he is authorized to do by the War Department, desires to organize in squads and companies, and perhaps into a regiment, a portion of the negroes that have escaped bondage and have come into our lines. He intends to have them paid, fed, and clothed, as well as drilled, in the same manner with our other troops, and would desire to receive for this purpose all able-bodied volunteers of proper age and fitness in other respects, and he would be glad to have you, as the principal agent under the Treasury Department on this island, examine the negroes to this end, laying the matter and the general’s proposition fully before them. {p.30} And then he would wish you to take the names of, and forward to him at Hilton Head, all such negroes as may volunteer for this purpose. Of the probable success of this project and the number likely to be available you will please advise me from time to time and as early as practicable.

Very respectfully, your obedient servant,

H. W. BENHAM, Brigadier-General.

Read to General Hunter and approved by him May 7, 1862.

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HEADQUARTERS DEPARTMENT OF THE SOUTH, Hilton Head, S. C., May 8, 1862.

General ISAAC I. STEVENS, Commanding, Beaufort, Port Royal Island, &c.:

GENERAL: I am authorized by the War Department to form the negroes into “squads, companies, or otherwise,” as I may deem most beneficial to the public service. I have concluded to enlist two regiments to be officered from the most intelligent and energetic of our non-commissioned officers; men who will go into it with all their hearts. If you have any such, please appoint them to officer all the companies you can furnish me except the first. For the first company to be raised at Beaufort I have appointed Captain Trowbridge and two lieutenants from the Volunteer Engineer Regiment. Captain Trowbridge has orders to report to you, and you will very much oblige me if you will furnish him with a good company as soon as possible, and then send him down to report to me. And send, also, other companies as fast as you can have them organized. The noncommissioned officers appointed as officers will not be dropped from the rolls of their respective companies till their new appointments shall have been approved by the President.

Very respectfully, your most obedient servant,

DAVID HUNTER, Major-General, Commanding.

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GENERAL ORDERS No. 61.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 10, 1862.

I. Commanders of departments will designate some officer in each city or town where there is a general hospital to perform the functions assigned to military commanders in General Orders, No. 36.

II. When rations are commuted at 25 cents, under the provisions of General Orders, No. 47, the physicians in charge of the State hospitals will enter on their descriptive lists the dates between which the men have been subsisted.

III. When transportation is furnished to soldiers on sick-leave, under paragraph II of General Orders, No. 41, the officers or surgeons of general hospitals who grant the furloughs will note the cost of such transportation on the descriptive lists of the men. Quartermasters will not hereafter pay bills for such transportation to the States.*

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

* For paragraph IV, relating to prisoners of war transferred to skeleton regiments, see Series II, Vol. III, p. 529.

{p.31}

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HDQRS. NORTHERN DISTRICT, DEPT. OF THE SOUTH, May 11, 1862.

SIR: General Hunter having sent to this office an order, of which the following is a copy, viz:

HEADQUARTERS DEPARTMENT OF THE SOUTH, Hilton Head, S. C., May 9, 1865.

Brig. Gen. H. W. BENHAM, Northern District:

GENERAL: I am instructed by the major-general commanding to request that you will order the commanding officers in your district to send immediately to these headquarters, under a guard, all the able-bodied negroes capable of bearing arms within the limits of their several commands.

I have the honor to be, very respectfully, year obedient servant,

ED. W. SMITH, Acting Assistant Adjutant-General.

The general commanding directs that you immediately take the proper steps for carrying it into effect within your command and that they will report at the earliest moment to these headquarters the probabilities as to numbers, &c. This order will not include the servants of officers or those now actually in the employment of the Quartermaster’s Department.

Very respectfully, your obedient servant,

[A. B. ELY,] Acting Assistant Adjutant-General.

(Copies sent to Generals Stevens and Wright, Colonels Chatfield, Rosa, and Williams.)

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Whereas, by my proclamation of the nineteenth of April, eighteen hundred and sixty-one, it was declared that the ports of certain States, including those of Beaufort, in the State of North Carolina; Port Royal, in the State of South Carolina, and New Orleans, in the State of Louisiana, were, for reasons therein set forth, intended to be placed under blockade; and whereas the said ports of Beaufort, Port Royal, and New Orleans have since been blockaded, but as the blockade of the same ports may now be safely relaxed with advantage to the interests of commerce:

Now, therefore, be it known that I, Abraham Lincoln, President of the United States, pursuant to the authority in me vested by the fifth section of the act of Congress approved on the thirteenth of July last, entitled “An act further to provide for the collection of duties on imports, and for other purposes,” do hereby declare that the blockade of the said ports of Beaufort, Port Royal, and New Orleans shall so far cease and determine, from and after the first day of June next, that commercial intercourse with those ports, except as to persons, things, and information contraband of war, may from that time be carried on, subject to the laws of the United States, and to the limitations and in pursuance of the regulations which are prescribed by the Secretary of the Treasury in his order of this date, which is appended to this proclamation.

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

{p.32}

Done at the city of Washington this twelfth day of May, in the year of our Lord eighteen hundred and sixty-two, and of the Independence of the United States the eighty-sixth.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

TREASURY DEPARTMENT, May 12, 1862.

REGULATIONS RELATING TO TRADE WITH PORTS OPENED BY PROCLAMATION.

1. To vessels clearing from foreign ports and destined to ports opened by the proclamation of the President of the United States of this date, namely, Beaufort, in North Carolina; Port Royal, in South Carolina, and New Orleans, in Louisiana, licenses will be granted by consuls of the United States upon satisfactory evidence that the vessel so licensed will convey, no persons, property, or information contraband of war either to or from the said ports, which licenses shall be exhibited to the collector of the port to which said vessels may be respectively bound, immediately on arrival, and if required, to any officer in charge of the blockade; and on leaving either of said ports every vessel will be required to have a clearance from the collector of the customs, according to law, showing no violation of the conditions of the license. Any violation of said conditions will involve the forfeiture and condemnation of the vessel and cargo and the exclusion of all parties concerned from any further privilege of entering the United States during the war for any purpose whatever.

2. To vessels of the United States clearing coastwise for the ports aforesaid licenses can only be obtained from the Treasury Department.

3. In all other respects the existing blockade remains in full force and effect as hitherto established and maintained, nor is it relaxed by the proclamation except in regard to the ports to which the relaxation is by that instrument expressly applied.

S. P. CHASE, Secretary of the Treasury.

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WAR DEPARTMENT, Washington City, D. C., May 12, 1862.

Hon. GALUSHA A. GROW, Speaker of the House of Representatives, Washington, D. C.:

SIR: I have the honor to transmit herewith a report, dated the 10th instant, from the Chief of Engineers, in response to a resolution of the House of Representatives of the 16th ultimo, on the subject of changes which may have become necessary in the materials and construction of forts and other means of defense.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

ENGINEER DEPARTMENT, Washington, May 10, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the receipt, on the 22d of April, of the resolution of the House of Representatives, of the 16th {p.33} of April, on the subject of changes that may have become necessary in forts and other means of defense, referred to this office for report, and to submit the following remarks in reply to the call, with regret that incessant occupations have not allowed me to bestow that care upon the report which the importance of the subject demands, and that the state of feeling in Congress and elsewhere seems to exact an early response to the resolution, however imperfect and immatured that response is, in consequence:

In order to arrive at definite satisfactory conclusions as to whether any, and if so, what changes are necessary in the materials and construction of our forts and border defenses “in view of the important changes which have been made in ordnance and projectiles and in the methods of naval warfare,” it must first be clearly seen and understood what purposes these defensive works are required and designed to serve.

As a general rule, with hardly an exception, the permanent defensive works of the United States were designed to forbid the passage through the waters subject to their fire of hostile vessels, or to prevent the use of such waters by an enemy in his vessels, or to secure the use of the waters for our own vessels.

So long as these forts fulfill these conditions our fortified ports, navy-yards, and harbors of refuge will be secure against injury from an enemy’s ships, and the waters protected by them will be available for the use of our vessels and forbidden to those of an enemy; that is to say, these forts are designed as defenses against hostile military power afloat. They are not designed or expected to prevent the landing, at points beyond the reach of their fire, below them, or outside of them, of any hostile military array, or the movement of a force so landed from the place of its debarkation to any point beyond their scope. Provision against a land attack of the fortifications guarding the water is therefore made only to the extent of resisting assaulting columns that, landed from the ships and transports of the enemy, should attempt to take the batteries in rear. This provision is, of course, of greater magnitude, as the works are the more liable, from their great importance or their distance from succor, to such combined attacks.

A descent upon our coast and a march to the interior have always been intended to be met by other means of resistance. The land army of an enemy, transported to our shores and established upon them, it has ever been designed should be encountered and repelled by a like army of movable forces, mustered from the people and interposed between their homes and the invading force. But no such body of men, however numerous, however thoroughly appointed, armed, and disciplined, would be of any avail against even one small vessel-of-war armed with a few cannon of the most moderate caliber.

It is to afford competent resistance against this particular attack that sea-coast permanent batteries are provided. These batteries must have such armaments furnished them that an attempt by the vessels to attack them, or to evade them, will result in failure. But if, on the contrary, the vessels shall land siege trains and sufficient force of men, then the forts must be succored by a superior force of men or they will be overcome in due time.

The following principles have always been maintained by engineers, viz:

Forts must fall before a competent land attack.

{p.34}

Forts are competent to resist and repel vessels.

Both these principles have been well settled by military experience, and have received full illustration in the recent attack on Fort Pulaski. While that fort fell before a powerful land attack, an attack exacting much time and labor of preparation, and the employment of guns of a caliber never before used for breaching, it is also true that the heavy squadron cruising in those waters for months past, that has lately given such brilliant proofs of its power and energy, and of the ability by which it is directed, some of the vessels of which are armed with the largest guns that have ever been used afloat, made no attempt to pass the fort, and did not engage its fires at all, but waited passive for its reduction by a different and the only legitimate process.

Local circumstances may, though rarely,permit a formidable preparation of a more purely naval character; that is to say, a large array of mortar-boats to act by bombardment upon sea-coast fortifications. Against this sort of attack the garrison must be sheltered and the guns covered by bomb-proofs. When these are properly prepared, with dimensions proportioned to the projectiles to which they are to be exposed, the guns can be preserved uninjured, and the garrisons in condition to serve them, ready for the time when the vessels shall approach. The whole scope of fire of the fort must be freed from trees and whatever will hide or screen the attacking force, and the vessels, held in open sight, must be plied not only with shot, but also with large shells from the mortars of the fort.

These general views being premised, it may now be considered how far the changes now making in ordnance and projectiles, and in naval warfare, require corresponding changes to be made in our forts and other means of land defense.

Artillery has been greatly increased in size, and its enlarged projectiles have longer ranges, increased accuracy, and greater penetration. It has become much more formidable, but it has no new quality added to it. Its old qualities are greatly improved. Forts must be made capable of resisting ships possessing these formidable guns. Ships, however, will henceforth be exposed to like formidable ordnance in the forts. It does not appear that the use of larger guns on both sides works to the exclusive advantage of ships. Ships, however, can be heavily clad with iron; but to this defensive provision there is a limit soon to be reached, if it be not already attained. The armor-clad vessel must be able to bear the shock of the waves, to receive all her supplies, to steer, to navigate, and to enter shallow water. If a vessel can be constructed capable of these things, while at the same time she is absolutely shot-proof, our confidence in fortifications might be gravely shaken. But already it is seen, as the result of experiments both here and abroad, that iron plates six and eight inches thick, nearly if not quite the limit of thickness that a vessel can carry, are broken-ruined-by our ordinary large guns-guns no larger than are now common in service use. At the same time it is perfectly plain that there is no limit of this kind whatever to the thickness of the iron plates with which our forts may be covered whenever, if ever, it shall become necessary to resort to armor for them. But, further, guns are now being prepared capable of throwing a projectile three or four or more times as large as those that are now in use. There is reason to think that there is no limit to the size of guns that may be produced and used with facility upon stable shore batteries-cannon, {p.35} a shot from which will not merely pierce or bore the thickest iron plate, but which will break the plates into pieces, or else tear them from their fastenings and carry them, bodily with it into the ship.

Prior to the use of gunpowder for breaching purposes the masonry of fortified places was not covered by the interposition of any screen between it and the direction of attack; but as soon as a force was discovered by means of which cannon-shot could be projected against the walls of castles, it became indispensable to raise a screen of earth before these walls whenever a battery could be established within the distance at which the masonry could be reached with sufficient force and accuracy for it to be destroyed by the process of battering. This limit of distance being soon learned by experience, all masonry that could not be reached by accurate firing was still left uncovered, while in front of all liable to be destroyed by battering a mound of earth was interposed to arrest the projectiles of the besieger. The distances for which this cover was necessary varied with the advances made in the construction of ordnance and the manufacture of gunpowder. The following extract from a standard authority on the subject of sieges presents the general idea clearly:

In the sixteenth and beginning of the seventeenth centuries the art of disposing the different works of a fortress to cover each other, and to be covered by the glacis from the view of an enemy from without, was either unknown or not attended to. The small quantity of artillery in use, its unwieldiness, and the great expense and difficulty of bringing it up, occasioned but little to be used at sieges, and the chief care in fortifying towns was by height of situation and lofty walls to render them secure from escalade, and all places built prior to that period are invariably of such construction: The simplicity of the places to be attacked gave the same character to the operation itself, and everything was thus effected by desperate courage without the aid of science; but as the use of artillery became more common, and large quantities of it were used at sieges, such exposed walls could no longer oppose a moderate resistance, even to the imperfect mode of attack then in use, and to restore an equality to the defense it became necessary to screen them from fire.

Coming to the memorable and somewhat recent date of the sieges of the Peninsular war of Wellington, the following cases may be cited:

At the second siege of Badajos fourteen brass 24-pounders breached the outer face of the castle-wall at the distance of 800 yards in about eight hours. The earth behind the wall was left standing when the wall peeled away. Before this earth could be reduced to a slope the approach of a succoring force made it necessary to abandon the siege.

At the third siege of Badajos breaching batteries were established against the face of one bastion and the flank of another at a distance of 600 to 600 yards. The batteries being on a hill, nearly the whole height of the scarp-walls could be seen by them. The garrison, however, constructed an earthen counterguard in front of one, and so covered the lower part of the wall from the besieging projectiles. The batteries were armed with twelve 24-pounder and fourteen 18-pounder brass guns.

By over two days’ battering the wall was cut through and the clay behind visible.

The third day’s firing cut away the earthen parapet, and the breaches were regarded as in a state to be assaulted. Fourteen of the guns were then turned on the exposed scarp of a curtain, which came down in two hours’ firing, being extremely bad masonry. The extent of front of the three breaches opened was above 600 feet, the greater part of which was as good as can be formed. The assault on the breaches failed, but the place was carried by escalade by other columns.

{p.36}

At Salamanca all the uncovered masonry wall, battered by four 18-pounders, at a distance of 300 yards, was beaten down in four hours. Two 18-pounders and one 24-pounder howitzer destroyed, at about 400 yards, another wall, three feet six inches thick, in half a day, notwithstanding severe loss from heavy firing of the enemy’s cannon and musketry. Four 24-pounder howitzers failed to breach an oblique wall distant 460 yards, the firing being too inaccurate. The same battery with four 18-pounder guns afterward breached this oblique wall in six hours.

At Saint Sebastian, which is on a peninsula, the northern line of works, having the sea in front of them, is built without any cover, and thus is quite exposed to a range of hills opposite, at the distance of 600 or 700 yards. Twenty 24-pounders were put in battery on the 20th of July on these hills, to breach sea-wall. On the 23d of July the breach was about 100 feet in length and was considered practicable. It was assaulted and the assault failed. On the 26th of August, more artillery having in the meantime been procured, batteries of thirteen guns opened, at 700 yards, against the right half bastion of a hornwork to the left, and twenty-one 24-pounders, in addition to the first twenty on the hills, battered the sea-wall, to extend the breach already formed. The town was carried on the 31st of August.

These instances show that it was practicable fifty years ago to breach masonry at 600 to 800 yards’ distance with guns of 18 to 24 pounder caliber and of inferior quality. Accordingly, in the construction of scarps or masonry subject to be battered, the rule was adopted by the French that all masonry liable to be seen by land batteries at a distance of about three-quarters of a mile should be covered by earth. In the case of our sea-coast forts subject to the fire of vessels no attempt has been made to cover the channel faces, because a wooden vessel attempting to breach them would be destroyed before she could inflict any serious damage upon the masonry. If an enemy afloat should, in view of this, be led to establish himself ashore, it is manifest that before his preparations, except for a mere coup de main, were complete and his breaching guns in battery (operations requiring a great deal of time at any rate-in the case of Fort Pulaski many weeks, if not several months), he would be overwhelmed by a succoring force. The resolution does not contemplate any substitute for fortifications, but changes, if necessary, in their construction and materials.

No material can be devised affording so much strength of resistance, so indestructible by time and the elements, and so cheap as masonry.

The existing scarp-walls of our casemated batteries can readily be covered with iron plates, as certain thin portions of them have already been, whenever it becomes evident that they are not sufficient without such armor to resist armored vessels. The cost will be less than that of iron structures of any kind, but the result will be a solid mass several times more capable of resistance than the same money’s worth of iron alone, or of iron and wood combined. This economy is true of any building placed on shore. It is far more true in comparison with any defense of a floating character.

The Monitor, for instance, cost about $286,000, and is armed with two 11-inch guns.

A 16-inch gun, throwing a solid round shot of 600 pounds, will cost, mounted, about $7,600. It can be covered most thoroughly, including iron plates, if necessary, for $12,600 more. Fourteen such guns, at least, can be mounted in a fort for the cost of the Monitor. It is {p.37} not hazarding much to say that no vessel can be made to float and carry armor capable of resisting a projectile of this weight. It may become advantageous to cover all the guns in forts, substituting another tier of casemates for the top tier, now usually left uncovered. The general method of construction (plan) of sea-coast forts is so extremely plain that no change can be made therein with any promise of advantage or economy. It is only on the land sides that our forts are in anywise complicated, or that combinations of principles are applied, and these only for defense. On their sea or water fronts, for action against vessels, the case is best satisfied by the simplest possible plan, and this, of course, is the most economical.

The application of steam to vessels a number of years since gave them advantages never before possessed. But these were neutralized by simply increasing the number of guns in our shore batteries.

The increased dimensions of ordnance give vessels but little advantage in a contest with forts, while they add greatly to the power of the forts against vessels attempting to pass them. The covering vessels with iron armor enables them to repel projectiles of moderate size, but it is already being seen, in experiments, that iron heavier than a vessel can carry can be penetrated, broken, and smashed in by projectiles, the ordnance for which can be maneuvered in forts without difficulty.

The possible necessity for covering the exposed faces of forts with iron has been in view for years past, and, as before said, the application has been made so far as it has been deemed in any degree necessary.

The great importance of preparing ordnance of very large calibers for use in our sea-board forts has been urgently presented by me to the authorities several times within some fifteen or twenty years. Steps are at last being taken for its provision. I can only express again my earnest conviction that it is indispensable to our protection against naval enterprises that this ordnance be supplied in ample quantities speedily; and that when ready it be transported to the forts for which it is designed, and there placed in readiness for use at any day, with sufficient quantities of munitions for the service of the guns. With our fortifications so armed and manned by troops having some knowledge, easily acquired, of their duties in the service of the batteries, I feel confident that our cities, naval establishments, and harbors defended by these works will continue to be secure against naval attacks.

It is not intended by what has been said to dispense with the employment of floating defenses for our coasts at the different points where their use is advantageous. There are several places where our reliance must be mainly, if not entirely, upon that kind of defense; and at many other places, as has often been stated by the Engineer Department, floating artillery, especially while our system of permanent works is incomplete, must be largely availed of. War is daily becoming more costly. Success is more and more a question of expenditure. Therefore it is the more indispensable that our military expenditures be carefully made in such a way as to secure the greatest result for the means laid out.

It has been stated above that fifteen or twenty very large guns can be mounted and thoroughly covered ashore for the same cost that two can be put afloat. But besides this, the yearly cost of maintaining the permanent shore battery will be trivial, while the expense of maintaining and repairing the vessel will be very great; and after all, the vessel will be worn out in twenty years or less, while the fort will be as good fifty years hence as when it was built. Therefore, while {p.38} it is true that floating batteries will be useful auxiliaries in many cases, and in some cases our only safe resort, it is equally true that their expensiveness to build and to maintain and their certainty of decay exact that we rely in general upon works ashore, where, for the same outlay, ten times the amount of artillery may be arrayed, with imperishable cover, impenetrable to guns afloat.

The conclusions to which these considerations point, and which might be much more clearly and fully elaborated, are such as the following:

That the plans of our sea-board batteries, of the simplest possible character, cannot be improved essentially.

That the materials being the strongest, most indestructible, imperishable, and cheapest possible, no change can be made in them with advantage.

That iron has been freely used for years past to guard the thinnest and most exposed parts of these batteries, and its further use is perfectly easy on the existing works to any extent, and is a question of economy merely. It will be applied whenever needed. The walls may be entirely iron-covered.

That all the changes in ordnance and projectiles are greatly in favor of land batteries and against vessels in any combat between the two.

That guns of unlimited size can readily be mounted and covered on land.

That no vessel can be built and floated that will not be penetrable to projectiles from such guns.

That one shot rightly delivered will probably sink the vessel, while the fort cannot be seriously injured by the return fire of the vessel.

That the methods of naval warfare cannot avail in such a contest. That all the best results of modern science, skill, and experience are incorporated into these defenses as soon as those results are found to be reliable.

That while forts can now, as always heretofore, be readily reduced by land batteries, they cannot be reduced, when duly armed and manned, by vessels. That the use of steam is a very great and the only exclusive advantage which modern times have afforded to vessels.

That this advantage can be countervailed only by increasing the number and especially the calibers of guns of land batteries.

That the need of a full supply of guns for our forts is very great. The want of them is dangerous.

That large calibers are insisted upon, and to be furnished immediately.

The resolution is returned herewith.

I have the honor to be, very respectfully, your obedient servant,

JOS. G. TOTTEN, Brevet Brigadier-General and Colonel of Engineers.

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ORDNANCE OFFICE, Washington, May 13, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: The proposition of Messrs.. Hitchcock & Hansell for the manufacture of wrought-iron cannon of large size, which you referred to this office, has been examined, and I have the honor to report that numerous attempts have been made to manufacture such cannon {p.39} without obtaining the advantages which were expected from them. Several years ago Captain Stockton procured for the navy service several wrought-iron cannon, large size, manufactured by the most experienced iron-workers in the United States and in England, which proved on trial with common service charges to be entire failures. One of them burst on board of the steamship Princeton in February, 1844, attended with most disastrous consequences. Improved methods of forging may be discovered which may possibly impart greater strength to the material, but leaving it still deficient in hardness. Reports of recent experiments in England show that wrought iron, however it may be forged, is too soft a material for the bore of a cannon. The severe service to which large cannon are exposed wears the surface of the bore into grooves and stretches it in length, so that it protrudes beyond the muzzle. The cannon mentioned in the proposition would therefore be of doubtful utility for long service, even if they should be found to possess sufficient strength. For these reasons, and because the acceptance of the proposition might involve an expenditure of nearly $1,000,000, I recommend that it be declined.

Respectfully, &c.,

JAS. W. RIPLEY, Brigadier-General.

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[MAY 14, 1862.-For General Orders, No. 52, War Department, Adjutant-General’s Office, relating to officers on leave, &c., see Series II, Vol. III, p. 634.]

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 14, 1862.

General THOMAS, Adjutant-General U. S. Army, Washington:

GENERAL: I send herewith tin box marked “43” on the end and “J. P. Benjamin” on the front, sealed up by me. Its contents are the same as when found in a banking-house where certain specie, which I have reason to believe belongs to the United States, was found concealed in a hole in the wall. The memorandum upon the brown paper is in the handwriting of J. P. Benjamin and the box is his property.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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SPRINGFIELD, ILL., May 16, 1862.

Hon. EDWIN M. STANTON:

Do the surgeons appointed by Governor Yates, under your telegraphic order of the 30th ultimo, have rank and pay of surgeon?

ALLEN C. FULLER, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 16, 1862.

Adjt. Gen. ALLEN C. FULLER, Springfield, Ill.:

There is no authority of law to give the surgeons appointed by Governor Yates, under the telegraphic order of the 30th ultimo, either {p.40} pay or rank. They were regarded as volunteers, expecting nothing beyond transportation and subsistence.

P. H. WATSON, Assistant Secretary of War.

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GENERAL ORDERS No. 63.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 16, 1862.

The following acts of Congress are published for the information of all concerned:

I. AN ACT to provide for the deficiency in the appropriation for the pay of the two and three years volunteers and the officers and men actually employed in the western Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of thirty millions of dollars, or so much thereof as may be necessary, to enable the Government to pay the two and three years’ volunteers called into the service of the United States, being an additional amount required for the fiscal year ending June thirtieth, eighteen hundred and sixty-two.

SEC. 2. And be it further enacted, That there be, and, hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to carry into effect the act approved March twenty-fifth, eighteen hundred and sixty-two, to secure pay, bounty, and pensions to officers and men actually employed in the Western Department or Department of Missouri.

Approved May 14, 1862.

II. AN ACT to facilitate the discharge of enlisted men for physical disability.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Medical Inspector,General or any medical inspector is hereby authorized and empowered to discharge from the service of the United States any soldier or enlisted man, with the consent of such soldier or enlisted man, in the permanent hospitals, laboring under any physical disability which makes it disadvantageous to the service that he be retained therein, and the certificate, in writing, of such inspector-general or medical inspector, setting forth the existence and nature of such physical disability, shall be sufficient evidence of such discharge: Provided, however, That every such certificate shall appear on its face to have been founded on personal inspection of the soldier so discharged, and shall specifically describe the nature and origin of such disability; and that such discharge shall be without prejudice to the right of such soldier or enlisted man to the pay due him at the date thereof, and report the same to the Adjutant-General and the Surgeon-General.

Approved May 14, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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GENERAL ORDERS No. 64.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 17, 1862.

I. Brig. Gen. C. P. Buckingham, U. S. Volunteers, is assigned to special duty in the War Department from the 1st instant.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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SURGEON-GENERAL’S OFFICE, May 17, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have respectfully to represent that great confusion and inconvenience to the service, together with much suffering to the {p.41} sick and wounded, result from the interference of State agents and others who are not acting under the direction of this Bureau. Men are taken from the hospitals before time is given to perform necessary operations, or so soon after the operations that death is very frequently the consequence. I have seen enough to satisfy myself of the truth of what I say, and have also the evidence of those who have witnessed the operation of this system in other parts of the country. So well convinced are the agents of the States of Maine and New Jersey of its impropriety that they voluntarily gave up their appointments and returned home. I have, therefore, respectfully to request that to this Bureau may be assigned the entire control of the sick of the Army, whether in camp, hospitals, or transports. I am ready to assume the entire responsibility and to answer for the full performance of the duties involved, provided the means of transportation now in the hands of State agents, State surgeon-generals, and others, be put at my disposal, in order that persons accountable to this department may be placed in charge.

I am, sir, very respectfully, your obedient servant,

WILLIAM A. HAMMOND, Surgeon-General.

[Indorsement.]

WAR DEPARTMENT, May 19, 1862.

You have authority, hi virtue of your office, to take charge of all the sick and wounded of the Army wherever they may be, and you are responsible for their care, comfort, and medical treatment. The Quartermaster-General, on your requisition, will furnish all necessary transportation.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 17, 1862.

His Excellency GOVERNOR OF ILLINOIS, Springfield:

You are requested to organize without delay a regiment of infantry for service in Kentucky.

EDWIN M. STANTON, Secretary of War.

(Same to Governor Tod, Columbus, Ohio.)

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WAR DEPARTMENT, Washington City, D. C., May 17, 1862.

His Excellency GOVERNOR OF INDIANA, Indianapolis:

You are requested to organize without delay a regiment of infantry for service. It is suggested that it may be formed at once from the two regiments recently mustered out of service.

EDWIN M. STANTON.

{p.42}

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ADJUTANT-GENERAL’S OFFICE, Boston, May 17, 1862.

Hon. JOHN B. ALLEY, House of Representatives, Washington, D. C.:

MY DEAR SIR: For your many kindnesses and attention to requests outside of your duties as a member of Congress, both Governor Andrew and myself return you many thanks. We hope to repay these favors hereafter in a more substantial way. The inclosed letter I wish you to hand to the Secretary of War and try and have him accept the battalion.

Truly, yours,

WM. SCHOULER, Adjutant-General.

[Inclosure.]

ADJUTANT-GENERAL’S OFFICE, Boston, May 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: I am directed by His Excellency Governor Andrew to inform you that the 600 men constituting the First Battalion Infantry Massachusetts Volunteers, at Fort Warren, are anxious to take a more active part in this rebellion. Massachusetts has no better troops than these. Information has been received from General Foster, at New Berne, that he would be most happy to have these men join his brigade. General Burnside is understood to be also in favor of receiving this command in his division. Of course, the men wish to go as a body and under command of the officers they now have, unless you would order it to be organized as a regiment. This battalion is in a fine state of discipline and in good condition every way. Should you order them into active service, it will be very easy to recruit another battalion for duty at Fort Warren. Please give the request of the battalion your most favorable consideration, and believe me,

Very respectfully, your obedient servant,

WM. SCHOULER, Adjutant-General of Massachusetts.

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Whereas there appears in the public prints what purports to be a proclamation of Major-General Hunter, in the words and figures following, to wit:

GENERAL ORDERS, No. 11.}

HEADQUARTERS DEPARTMENT OF THE SOUTH, Hilton Read, S. C., May 9, 1865.

The three States of Georgia, Florida, and South Carolina, comprising the Military Department of the South, having deliberately declared themselves no longer under the protection of the United States of America, and having taken up arms against the said United States, it becomes a military necessity to declare them under martial law. This was accordingly done on the 25th day of April, 1862. Slavery and martial law in a free country are altogether incompatible. The persons in these three States-Georgia, Florida, and South Carolina-heretofore held as slaves are therefore declared forever free.

DAVID HUNTER, Major-General, Commanding. EDWARD W. SMITH, Acting Assistant Adjutant-General.

{p.43}

And whereas the same is producing some excitement and misunderstanding: Therefore,

I, Abraham Lincoln, President of the United States, proclaim and declare that the Government of the United States had no knowledge, information, or belief of an intention on the part of General Hunter to issue such a proclamation; nor has it yet any authentic information that the document is genuine. And further, that neither General Hunter nor any other commander or person has been authorized by the Government of the United States to make proclamations declaring the slaves of any State free; and that the supposed proclamation now in question, whether genuine or false, is altogether void, so far as respects such declaration.

I further make known that whether it be competent for me, as Commander-in-Chief of the Army and Navy, to declare the slaves of any State or States free, and whether, at any time, in any case, it shall have become a necessity indispensable to the maintenance of the Government to exercise such supposed power, are questions which under my responsibility I reserve to myself, and which I cannot feel justified in leaving to the decision of commanders in the field. These are totally different questions from those of police regulations in armies and camps.

On the sixth day of March last, by a special message, I recommended to Congress the adoption of a joint resolution to be substantially as follows:

Resolved, That the United States ought to co-operate with any State which may adopt a gradual abolishment of slavery, giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system.

The resolution, in the language above quoted, was adopted by large majorities in both branches of Congress, and now stands an authentic, definite, and solemn proposal of the nation to the States and people most immediately interested in the subject-matter. To the people of those States I now earnestly appeal. I do not argue; I beseech you to make the arguments for yourselves. You cannot, if you would, be blind to the signs of the times. I beg of you a calm and enlarged consideration of them, ranging, if it may be, far above personal and partisan politics. This proposal makes common cause for a common object, casting no reproaches upon any. It acts not the Pharisee. The change it contemplates would come gently as the dews of heaven, not rending or wrecking anything. Will you not embrace it? So much good has not been done by one effort in all past time as in the providence of God it is now your high privilege to do. May the vast future not have to lament that you have neglected it.

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 nineteenth day of May, in the year of our Lord eighteen hundred and sixty-two, and of the Independence of the United States the eighty-sixth.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

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[MAY 19, 1862.-For appointment of Edward Stanly as Military Governor of North Carolina, see Series I, Vol. IX, p. 396.]

{p.44}

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WAR DEPARTMENT, Washington, D. C., May 19, 1862.

His Excellency A. G. CURTIN, Governor of Pennsylvania:

The Secretary of War desires to know how soon you can raise and organize six or more infantry regiments and have them ready to be forwarded here to be armed and equipped. Please answer immediately and state the number you can raise.

L. THOMAS, Adjutant-General.

(The same to Governors Morgan, of New York, and Tod, of Ohio; and, mutatis mutandis, to Governors Morton, of Indiana, and Yates, of Illinois, about “five or more infantry regiments;” to Governors Andrew, of Massachusetts, and Washburn, of Maine, “three or more infantry regiments;” to Governors Salomon, of Wisconsin; Blair, of Michigan; Kirkwood, of Iowa; Peirpoint, of Virginia; Olden, of New Jersey, and Buckingham, of Connecticut, “two or more infantry regiments;” to Governors Holbrook, of Vermont; Berry, of New Hampshire; Sprague, of Rhode Island; Ramsey, of Minnesota, and Burton, of Delaware, “one or more infantry regiments.”)

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NORWICH, May 19, 1862.

Adjt. Gen. L. THOMAS:

If required, will organize one or two regiments as soon as possible, but fear it will take two or three months.

WM. A. BUCKINGHAM, Governor of Connecticut.

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SPRINGFIELD, ILL., May 19, 1862.

Adjutant-General THOMAS:

Governor Yates is in Tennessee. It is doubtful whether a regiment can be raised here in thirty days. There are two regiments at Chicago, guarding prisoners, and one in Wisconsin. They are armed and ready for the field. I recommend that prisoners be sent to some island in Lake Erie near Sandusky, Ohio. If done, you can have three regiments, for one regiment of cavalry now guarding prisoners at this place could then guard all the prisoners in this State and Wisconsin.

ALLEN C. FULLER, Adjutant-General.

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INDIANAPOLIS, May 19, 1862.

General THOMAS:

Governor Morton is at Pittsburg Landing. I will telegraph your message to him. We can raise them as soon as any other State.

W. R. HOLLOWAY, Governor’s Private Secretary.

{p.45}

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPT., Boston, May 19, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: I have this moment received a telegram in these words, viz:

The Secretary of War desires to know how soon you can raise and organize three or four more infantry regiments and have them ready to be forwarded here to be armed and equipped. Please answer immediately and state the number you can raise.

L. THOMAS, Adjutant-General.

A call so sudden and unforewarned finds me without materials for an intelligent reply. Our young men are all preoccupied by other views. Still, if a real call for three regiments is made I believe we can raise them in forty days. The arms and equipments would need to be furnished here. Our people have never marched without them. They go into camp while forming into regiments and are drilled and practiced with arms and march as soldiers. To attempt the other course would dampen enthusiasm and make the men feel that they were not soldiers, but a mob. Again, if our people feel that they are going into the South to help fight rebels, who will kill and destroy them by all the means known to savages as well as civilized man, will deceive them by fraudulent flags of truce and lying pretenses (as they did the Massachusetts boys at Williamsburg), will use their negro slaves against them, both as laborers and as fighting men, while they themselves must never “fire at the magazine,” I think they will feel that the draft is heavy on their patriotism. But if the President will sustain General Hunter, recognize all men, even black men, as legally capable of that loyalty the blacks are waiting to manifest, and let them fight, with God and human nature on their side, the roads will swarm, if need be, with multitudes whom New England would pour out to obey your call.

Always ready to do my utmost, I remain, most faithfully, Your obedient servant,

JOHN A. ANDREW.

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DETROIT, May 19, 1862.

Adjt. Gen. L. THOMAS:

Governor Blair and adjutant-general are with Michigan regiments at Pittsburg Landing. Your dispatch has been forwarded. They were to be absent all this week.

F. MORLEY, Assistant Adjutant-General.

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TRENTON, May 19, 1862.

Adjt. Gen. L. THOMAS:

I think we can organize three regiments of infantry and send them to Washington in ninety days. Shall we do it?

CHAS. S. OLDEN.

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ALBANY, N. Y., May 19, 1862.

Hon. E. M. STANTON, Secretary of War:.

Your dispatch of this date is received. I think six or more new regiments of infantry can be enrolled in sixty days. I do not doubt {p.46} that any number of regiments required by the Government can be organized in this State, but as the agriculturists and persons employed in inland commerce are now busily engaged, additional time may be necessary.

E. D. MORGAN, Governor of New York.

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CINCINNATI, May 19, 1862.

Adjutant-General THOMAS:

I cannot answer your dispatch with any degree of certainty before the 22d.

DAVID TOD, Governor.

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HARRISBURG, PA., May 19, 1862.

General L. THOMAS:

All recruiting stations in this State having been broken up in consequence of General Orders, No. 33, of the War Department, it is impossible to say how soon we can raise and organize six or mare regiments of infantry; but, if required to do so, the promptness and alacrity which have heretofore characterized the people of Pennsylvania will not be wanting in any emergency. Governor Curtin is now absent in the city of New York.

A. L. RUSSELL, Adjutant-General of Pennsylvania.

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WHEELING, VA., May 19, 1862.

Adjt. Gen. L. THOMAS:

Having discouraged all idea of further volunteering among the people, they have engaged in other pursuits for the season. I fear I cannot raise a regiment in any reasonable time.

F. H. PEIRPOINT.

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MADISON, May 19, 1862.

Adjutant-General THOMAS:

Your dispatch received. Will reply by letter to-morrow.

E. SALOMON, Governor.

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[MAY 20, 1862.-For Stanton to Stanly, in regard to duties of latter as Military Governor of North Carolina, see Series I, Vol. IX, p. 397.]

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HALLECK’S HEADQUARTERS, May 20, 1862.

Adjt. Gen. L. THOMAS:

I can raise five infantry regiments in from four to six weeks. Do you want them? Let me know at earliest moment.

O. P. MORTON, Governor of Indiana.

{p.47}

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IOWA CITY, May 20, 1862. (Received 9.30 p.m. 21st.)

Adjutant-General THOMAS:

I can raise one infantry regiment, I think, within sixty days from receipt of authority. I am requested by General Halleck to recruit Iowa regiments now in the field. Raising new regiments will prevent recruiting for the old ones. Can raise two or three, I think, if sufficient time be given. Please answer immediately.

SAML. J. KIRKWOOD, Governor.

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ORONO, May 20, 1862. (Via Bangor.)

Adjt. Gen. L. THOMAS:

Could raise one regiment in two weeks after orders received. Three or four probably in a month. Would depend much upon the apparent exigency. If great, the time might be shortened. It would help if part of the bounty could be advanced.

ISRAEL WASHBURN, JR.

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CONCORD, N. H., May 20, 1862.

Adjt. Gen. L. THOMAS:

Your telegram is received. Will answer to-morrow.

N. S. BERRY, Governor.

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PROVIDENCE, May 20, 1862.

Adjt. Gen. L. THOMAS:

One regiment and one battery three-months’ men in say one week, and one regiment and one battery three-years’ men in say three weeks.

WM. SPRAGUE.

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BRATTLEBOROUGH, VT., May 20, 1862.

Adjt. Gen. L. THOMAS:

If necessary, Vermont will raise one or more regiments of infantry, as may be required, within a reasonable time; say one regiment in forty days, and perhaps less, and two regiments in sixty days, or possibly less. To be clothed, armed, and equipped by the United States before leaving the State, and to be sent to Washington or elsewhere when directed, provided the entire and exclusive control of recruiting and organizing is left with the State authorities to be exercised and carried [on] by them. The clothing, arming, and equipping need not delay the moving of regiments, and our people will feel better satisfied if it is done before they leave the State. Our community is mainly agricultural and most of our young men have made engagements for the season. Troops could have been raised a few weeks ago much more rapidly than now, and if they are to be raised it is necessary that the requisition be made upon us without delay. Please reply to-day if possible.

F. HOLBROOK, Governor of Vermont.

{p.48}

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STATE OF WISCONSIN, EXECUTIVE DEPARTMENT, Madison, May 20, 1862.

Adjutant-General THOMAS, U. S. Army, Washington, D. C.:

SIR: Your dispatch of yesterday asking “how soon the State can raise and organize one or more infantry regiments and have them ready to be forwarded to Washington to be armed and equipped?” is received, and I hasten to reply:

It is easy to say, while it would be true, that the patriotic people of Wisconsin are ready still to furnish troops at the call of Government to aid in maintaining the laws, although they have already largely exceeded the quota assigned to them, having sent to the field about 2,600 men. But while I can readily say that one or two regiments can be easily raised in this State, it is impossible to fix upon any time when a regiment can be ready; and before undertaking to raise any more troops it is necessary that the Department should understand and act upon certain matters which our past experience has taught us and our present financial condition imposes upon us. First, such delay has occurred in obtaining reimbursements of the large amount expended in raising troops in this State that we have no money. Therefore if we undertake to raise more troops it must be under such arrangements by Government that the expenses of transportation and subsistence, together with legitimate recruiting expenses, shall be met promptly on the rendering of accounts. If, as I presume would of course be the case, these various expenses are to be met through the U. S. officer detailed for mustering duty, I deem it quite important that some other officer than Captain Trowbridge be assigned to that duty, there having been many complaints against that officer and much trouble to the State authorities arising therefrom. Major Smith, who has been the recruiting superintendent for this State, and who is stationed here, would be every way acceptable if Government could place these matters in his hands. Second, in regard to equipment, your dispatch proposes to equip the troops at Washington. If the term is intended to include clothing, I am of the opinion that it would be very difficult to raise troops here to go to Washington in the ordinary dress in which they come to camp. Clothing should be supplied here, and it will readily occur to the Department that in the gathering to rendezvous of a regiment, the tents and camp outfit for the regiment are absolutely necessary, so that these must be provided here, and by the United States. U. S. Quartermaster Potter, stationed at Chicago, has an agent here and military store. Third, in regard to pay of officers: The existing construction of the laws of Congress relative to the pay of officers, by which, while those laws are supposed to place the volunteer officers on the same footing as regulars, they do not effect that object, operates very unfavorably in regard to obtaining the services of competent officers. While the officers appointed to posts in the regular service are placed upon pay from the date of accepting commission and being assigned to duty, our volunteer officers cannot get pay except from the time when they are mustered into U. S. service, and this will not be done until, if first lieutenants, they have forty men; or if captains or third lieutenants, they have eighty-three men; or if field or staff officers, as limited by general orders. Thus, while demanding the most energetic action and devotion of their whole time from the date of commencing to raise a company, the Government does not pay them from that date. Unless some different rule is adopted, by which officers will be paid from the time when they, by {p.49} State authority and commission, commence their work of raising companies, I should consider it a matter of great difficulty to obtain the services of proper men for the purpose, and would be reluctant to enter upon the business unless the need of Government is very pressing. Our people are as patriotic as any, but so many of our officers have been badly treated in the matter of pay, earned with great labor and really no remuneration for their sacrifices and outlay, that good men will hesitate to enter upon the work of recruiting. With the matters above referred to arranged and distinctly understood so as to be laid before the people, we can raise one or two regiments in a brief period of time, probably as soon as they can be raised in any other State in the Union, and I shall be glad to do so, promising that no delay not absolutely necessary shall occur.

I remain, yours, very respectfully,

EDWARD SALOMON, Governor of Wisconsin.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 20, 1862.

Brig. Gen. J. G. BLUNT, Comdg. Department of Kansas, Fort Leavenworth, Kans.:

GENERAL: I have the honor to inclose herewith a copy of Special Orders, No. 80, current series, from this office, the object of which was to restore Colonel Weer and certain other officers to their positions in the Fourth Regiment Kansas Volunteers, from which they had been displaced by the order of the Governor of Kansas. Colonel Weer has reported to this office that great confusion would take place by endeavoring to carry out the provisions of this order, requiring the restoration of the original organization of the Fourth Regiment Kansas Volunteers, and suggests that the order be modified so as to transfer him as colonel to the present Third Regiment, and to provide for the field officers who might thus be displaced by transferring them to vacancies of their own grade in other Kansas regiments. This report of Colonel Weer has been referred to His Excellency the Governor of Kansas, with the request of the Secretary of War that the suggestion of Colonel Weer might be carried into effect. As, however, it appears that the Governor and Lieutenant-Governor of Kansas are both absent from Kansas, the Secretary of War now directs that the transfers proposed be carried into effect by you, and that Col. William Weer, Lieut. Col. J. T. Burns, and Lieut. and Adjt. J. A. Phillips, be provided with positions in their own grade, and that any field or regimental staff officers displaced by them be assigned by you to vacancies in their respective grades in other Kansas regiments.

I am, general, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, May 21, 1862.

Brig. Gen. M. C. MEIGS, Quartermaster-General U. S. Army, Washington, D. C.:

SIR: The Secretary of War directs that arrangements be made at once to place clothing for one regiment of infantry in each of the {p.50} loyal States, ready for troops about to be called out as a reserve force, and for the immediate equipment of 60,000 infantry. Also that 5,000 cavalry horses be advertised for, one-half to be collected at Perryville, the other at convenient points in the West hereafter to be designated. The advertisements will be made in the following cities: Harrisburg, Pittsburg, Buffalo, Detroit, Indianapolis, Chicago, Saint Louis, Cincinnati, and Columbus. Wagon transportation sufficient for the force above mentioned will also be provided.

I am, sir, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General,

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TREASURY DEPARTMENT, May 21, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

DEAR SIR: I send you the Port Royal papers, embracing, first, report of Mr. Pierce; second, circular of General Stevens to superintendents of plantations; third, letter of General Stevens to Mr. Pierce; fourth, circular of Mr. Pierce to superintendents; fifth [and sixth], letter[s] of Mr. Pierce to Major-General Hunter; sixth [seventh], statement of Superintendent Wells in relation to the effects of the order; seventh [eighth], statement of Superintendent Phillips as to same. All the papers are worth reading and are important to a correct view of the state of things on the island. The report of Mr. Pierce is a brief summary of the whole, and will, I think, impress you with a high opinion of his discretion and capacity.

Yours, truly,

S. P. CHASE.

Abstract of correspondence and other papers in relation to the order of Major-General Hunter for arming able-bodied negroes. This abstract refers to the papers in their natural order; that is, in the order of events.

No. 2.-This paper is a short circular, dated Beaufort, S. C., May 11, 1862, signed by Assistant Adjutant-General Stevens, stating that, in accordance with an order of General Hunter, the agents and overseers of plantations must send to Beaufort on the following morning every able-bodied negro between the ages of fifteen and forty-five years capable of bearing arms.

No. 3.-This is a letter accompanying the above circular, from the aforesaid Assistant Adjutant-General Stevens, addressed to Edward L. Pierce, special agent of the Treasury Department, requesting him to have the circular distributed among the several agents, with instructions to pay the greatest attention to the enforcement of the order.

No. 4 is a circular or note from Ed. L. Pierce, dated “Pope’s Plantation, May 11, 1862,” communicating the contents of the circular of General Stevens in relation to General Hunter’s order, and stating that this order is to be respected and obeyed by superintendents of plantations.

No. 6 is a letter of considerable length addressed to Major-General Hunter by E. L. Pierce, dated May 11, 1862, deprecating in urgent language the mischievous effects likely to result from efforts to execute this order, showing how it would conflict with the designs and {p.51} purposes of the Treasury Department, which had taken charge and supervision of these plantations, having the support and countenance in such design of the President and the War Department.

Mr. Pierce says:

With the week closing yesterday (May 10) the planting of the crops has substantially closed. Some 6,000 or 8,000 acres, by a rough estimate, have been planted. The corn, vegetables, and cotton are up and growing. The season of cultivating has come, and without proper cultivation the crops planted will come to nothing, and the money expended by Government, as well as the labor will be useless. All the hands, with few exceptions, now on the plantations are useful for the cultivation of the growing crops, and only a few can be taken from them without substantial injury. Under these circumstances it is proposed to take from the plantations all able-bodied men between eighteen and forty-five, leaving only women and children and old or sick men to cultivate the crops. There is no exception even for the plowman or the foreman.* But the order has other than financial and industrial results. The cultivation of the plantations was a social experiment which it was important to make. It is a new and delicate one and entitled to a fair trial. The conscription of these laborers will at once arrest it and disorganize and defeat an enterprise thus hopefully begun.

The writer proceeds to deplore, to General Hunter, the probable effect upon the minds of these negroes in transporting them, without their consent and against their will, to Hilton Head, to organize them as recruits; states that they are ignorant, suspicious, and sensitive; that they have not acquired such confidence in white men, nor so far recovered the manhood which two centuries of bondage have rooted out, as to realize that they have a country to fight for. He avers also that these forced enlistments will give color to the assurances of their masters that it was the purpose of the Union troops to take them to Cuba. He concludes this letter by stating that while he yields obedience to the order, he had felt compelled to state in what manner it appeared to him to conflict with the policy of the Government and the duties with which he had been charged.

Nos. 7 and 8 are communications from two superintendents of plantations describing the manner of mustering the negroes and the scenes of distress and weeping and wailing which occurred on the separation of these negroes from their families. One of the superintendents, Mr. Wells, says:

This conscription, together with the manner of its execution, has created a suspicion that the Government has not at heart the interest of the negroes it professed to have, and many of them sighed yesterday for the “old fetters” as being better than the “new liberty.”

No. 6 is another letter from Mr. Pierce to General Hunter, also describing the scenes last referred to and showing generally the disquieting effect of this order upon the negro population. Mr. Pierce says:

The superintendents aided in the execution of this order with moral influence and physical assistance, some of them walking many miles in the night to guide the soldiers, but they all expressed great sorrow at what has been done and feel that the hold which they had been slowly and carefully getting on their people has been lessened.

No. 1 is a letter addressed to the Secretary of the Treasury by Mr. Pierce, the agent of the Treasury Department, recapitulating all the circumstances relating to his knowledge of and connection with this order and circumstantially detailing what transpired in an interview with General Hunter on the subject.

No. 9 is a letter from the Treasury Department transmitting all these documents to the War Department for consideration, and calling attention especially to the report of Mr. Pierce (No. 1), dated May 12, 1862.

{p.52}

No. 1.

PORT ROYAL, S. C., May 12, 1863.

Hon. S. P. CHASE:

DEAR SIR: This has been a sad day on these islands. I do not question the purpose which has caused the disturbance, as in many respects it is praiseworthy; but practical injustice and inhumanity may often consist with a benevolent purpose.

Last evening (Sabbath) I received a messenger from General Stevens bringing an order from General Hunter requiring all able-bodied negroes between eighteen and forty-five to be sent early this morning to Beaufort, and from thence to go at once to Hilton Head, where they were to be armed. Having communicated the order to the superintendents, with a request for their aid, I sought at once General Stevens at Beaufort, whom I reached at 10 p.m., and in whose office I passed the night writing and copying. From General Stevens I learned that without previous consultation the imperative order had come from General Hunter, to be executed forthwith. He was going to seek General Hunter by a boat leaving Beaufort at 6.30 a.m. and express his views. There were reasons why it was best for me not to go in person at the same time, and I arranged to go a few hours later. At once I wrote the inclosed letter* to General Hunter, to be forwarded by the same steamer which carried General Stevens down. You will there find my views of the proceeding. Leaving Beaufort about 9 a.m., I reached there in an hour and a half. General Hunter received me civilly and said he had read my letter. To my question if he was aware that he was thwarting a plan of the Government which I had in charge, he said he could not help it if two plans of the Government conflicted.

To my question if he had considered the propriety of taking the foreman and plowman away, he replied that he had not until my letter came, and he was willing they should remain.

To my question if he intended to enroll these people against their will, he said he did not.

To my question if I might so communicate to them, he said he preferred I should not, but he would make the assurance to me. Later, however, and after a visit from John M. Forbes, who you remember served with you in the peace congress, and now returns in the Atlantic, he sent for me and told me he had changed his mind on that point; that such assurance might be given to the negroes, and he had so telegraphed to General Stevens, adding that they were to be told that they were to receive free papers at Hilton Head, and then return if they desired. I suggested the expected coming of General Saxton, provided with new and ample instructions, after a conference between the Treasury and War Departments. He said that it would then pass into General Saxton’s hands and he might do as he pleased. I told him I yielded full obedience and co-operation, but I trusted he understood how totally his order conflicted with my views. He was gracious, but evidently felt committed to something which must go through.

I sought General Benham and conferred with him. The result is that, as far as I can find, he (General Hunter) has not consulted with any of his brigadier-generals and the project was exclusively his own. He has never consulted me, or any of the superintendents, who come in direct contact with these people, as to the plan or their feelings or {p.53} disposition to bear arms-something of course essential, in order to lay the basis for wise and steady action. A fortnight ago he sent me a letter by James Cashman, a colored man, saying the bearer was authorized to enlist 100 men on Ladies and Saint Helena and desired my co-operation, which I at once gave. Cashman was getting recruits, and had got perhaps twenty-five or fifty. I gave him a circular letter to the superintendents, requesting them to encourage all persons disposed to enlist, however important to the plantations. That original plan of General Hunter I agreed with, and I as much disagree with his last.

General Hunter has been evidently acting in this matter upon certain notions of his own which he has been revolving in his mind, rather than upon any observation of his own or the testimony of others as to the feelings and dispositions of these people, which was of course the first thing to be considered. As a general rule they are extremely averse to bearing arms in this contest. They have great fear of white men, natural enough in those who have never been allowed any rights against them, and dread danger and death. They are to be brought out of this unmanliness with great caution and tact, and the proceedings of to-day, managed as they have been with a singular forgetfulness of their disposition, will only increase their aversion to military service.

I now come to the scenes of to-day, which have been distressing enough to those who witnessed them. Some 600 men were hurried during the day from Ladies and Saint Helena to Beaufort, taken over in flats and then carried to Hilton Head in the Mattano. The negroes were sad enough, and those who had charge of them were sadder still. The superintendents assure me they never had such a day before; that they feel unmanned for their duties, and as if their work had been undone. They have industriously, as subordination required, aided the military in the disagreeable affair, disavowing the act. Sometimes whole plantations, learning what was going on, ran off to the woods for refuge. Others, with no means of escape, submitted passively to the inevitable decree.

To-morrow I shall address General Hunter with a more full description, and I will herewith send a copy of the letter;** also inclosing the testimony of some superintendents, and to the letter and testimony I ask your attention. The mischief done cannot easily be remedied. The return of these people will not remove it. The arming of these negroes by entirely voluntary enlistments is well, but this mode of violent seizure and transportation even to Hilton Head alone, spreading dismay and fright, is repugnant. It should not be done with white men, least of all with blacks, who do not yet understand us, for whose benefit the war is not professed to be carried on, and who are still without a Government solemnly and publicly pledged to their protection. I have been full in my report on this matter, as General Saxton, not yet arrived, may not have been provided with power and instructions to meet this difficulty. The subtraction of so large a field force leaves but a few more than are necessary to cultivate the provision crop. What shall be done with the 6,000 acres of cotton planted, most of which is up and growing?

Yours, truly,

EDWARD L. PIERCE, Special Agent Treasury Department.

* See No. 5, p. 54.

** See No. 6, p. 57.

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No. 2.

CIRCULAR.]

HDQRS. SECOND BRIG., NORTHERN DISTRICT, DEPARTMENT OF THE SOUTH, Beaufort, S. C., May 11, 1862.

In accordance with the orders of Major-General Hunter, commanding Department of the South, the several agents or overseers of plantations will send to Beaufort to-morrow morning every able-bodied negro between the ages of eighteen and forty-five, capable of bearing arms, under their charge. These negroes will be turned over to Mr. Broad, “superintendent of contrabands.”

By order of Brigadier-General Stevens:

HAZARD STEVENS, Captain and Assistant Adjutant-General.

NOTE.-The agents will be required to send a descriptive list with each squad of negroes.

No. 3.

HEADQUARTERS SECOND BRIGADE, NORTHERN DISTRICT, DEPARTMENT OF THE SOUTH, Beaufort, S. C., May 11, 1862.

Mr. PIERCE:

SIR: I am directed by the general to inclose circular ordering the several overseers of the plantations of Ladies, Saint Helena, and Coosaw Islands to send to Beaufort to-morrow morning every able-bodied negro between the ages of eighteen and forty-five years, capable of bearing arms, and to request that you have these circulars distributed among the several agents with instructions to pay the greatest attention to the enforcement of the order.* Any assistance that you may require to distribute the circulars, or otherwise, will be cheerfully rendered.

Very respectfully, your obedient servant,

HAZARD STEVENS, Captain and Assistant Adjutant-General.

P. S.-I inclose herewith twenty descriptive lists, blank.

No. 4.

POPE’S PLANTATION, Saint Helena Island, May 11, 1862.

The special agent of the Treasury Department herewith communicates to the several superintendents the circular of Brigadier-General Stevens, commanding, in relation to the sending of able-bodied negroes to Beaufort; which circular, or order, is to be respected by them, and they are to give such aid as is in their power toward its execution.

EDWARD L. PIERCE, Special Agent for Treasury Department.

No. 5.

BEAUFORT, Sunday, May 11, 1862.

Major-General HUNTER, Commanding Department of the South:

GENERAL: This evening I received from Brigadier-General Stevens, through his adjutant, while I was at my headquarters on Saint Helena {p.55} Island, a circular, requesting me to aid in executing an order issued by your command for the collection of all negroes on the plantations between eighteen and forty-five, able to bear arms, who are to be sent forthwith to Hilton Head. I issued prompt instructions to the superintendents to aid in the execution of the order, which requires the negroes to be sent to Beaufort to-morrow morning; and they are furnishing descriptive rolls of the persons required.

While thus yielding ready obedience to military authority, which must of necessity be paramount to all civil interests in your command, I must respectfully beg leave, as the representative of another Department, to express my great regret for the order and my reasons for such regret.

The Treasury Department, in whose service I am, was early put in charge of the plantations. President Lincoln in an autograph note, which I have with me, of date February 16, 1862, desired the Secretary of the Treasury to give me such instructions in relation to the negroes here as seemed to him judicious. Under date of February 19 the Secretary gave me such instructions (a copy of which has been presented to yourself), the main purport of which is that he desired “to prevent the deterioration of the estates, secure their best possible cultivation under the circumstances, and promote the welfare of the laborers.”

In this letter of instructions he also approved a plan, presented by myself, for the cultivation of the plantations and the management of the negroes, in a report, a copy of which I have furnished to yourself. The War Department, under date of February 18, sanctioned the enterprise, in an order to General Sherman, which he made a part of General Orders, No. 17, dated March 8, announcing myself as “general superintendent and director of the negroes.” To the end aforesaid the Treasury Department has already expended large amounts, viz, some $6,000 for implements and seeds; has transported a large quantity of cotton seed from New York; has purchased and sent here ninety mules and ten horses, at a cost in all of at least $15,000; has forwarded to me $10,000 to pay for labor, some $3,200 of which I have expended, and shall expend some $4,000 more as soon as proper payrolls have been made. Voluntary associations, with the sanction of the Government, have also paid salaries to the superintendents, who receive army rations; have forwarded large supplies of clothing worth, to say the least, $10,000, if not double that amount. They have also forwarded supplies of meat for localities where we are trying to get along without rations. Schools have also been opened for the nonworking population, and in the evening for those who work.

With the week closing yesterday the planting of the crops has substantially closed. Some 6,000 or 8,000 acres, by a rough estimate, have been planted. The accurate statistics are being handed us, and I can give them in a few days. The corn, vegetables, and cotton are up and growing. The season of cultivating has come, and without proper cultivation the crops planted will come to nothing, and the money expended by Government, as well as the labor, will be useless. All the hands, with few exceptions, now on the plantations are useful for the cultivation of the growing crops, and only a few could be taken from them without substantial injury. Under these circumstances it is proposed to take from the plantations all able-bodied men between eighteen and forty-five, leaving only women and children and old or sickly men to cultivate the crops. There is no exception even for the plowman or the foreman. Two-thirds of the available force of {p.56} the plantations will be taken, to say nothing of the injurious influence upon the sensitive minds and feelings of those who remain, greatly diminishing the results of their labor. Thus the public funds devoted to a work which has the sanction of the War and Treasury Departments and the approval of the President will have been, in a very large proportion, wasted. But the order has other than financial and industrial results. The cultivation of the plantations was a social experiment which it was deemed important to make. It is a new and delicate one and entitled to a fair trial. The conscription of these laborers will at once arrest it and disorganize and defeat an enterprise now hopefully begun. As the persons are to be taken to Hilton Head, and without their consent, I assume (though I trust under a misapprehension) that they are to be organized for military purposes without their consent. I deplore the probable effects of this on their minds. They are ignorant, suspicious, and sensitive. They have not acquired such confidence in us; they have not so far recovered the manhood which two centuries of bondage have rooted out; they do not as yet so realize that they have a country to fight for, as to make this, in my judgment, a safe way of dealing with them. I have been struck, and so have others associated with me been struck, with their indisposition to become soldiers. This indisposition will pass away, but only time and a growing confidence in us will remove it. I fear also that an enforced enlistment will give color to their masters’ assurance that we were going to take them to Cuba. For these and other reasons, which I have not time to give, I deplore the order which summarily calls these people to Hilton Head, there to be enrolled and enlisted. Even if they are to return, they would be excited by the trip; the families left behind would be in disorder, and all would be in suspense as to what would come next. I have grave apprehensions as to what may occur to-morrow morning upon the execution of the order. While thus expressing my anxious regrets let me assure you that I have no hostility to the entirely voluntary enlistment of negroes. They should be instructed in due time, and as they grow to it, in every right and duty, even that to bear arms in the common defense, and accordingly I acceded readily to the request of yours for facilities to a colored person engaged in promoting such enlistments.

I ought, perhaps, to add that General Saxton is hourly expected by the McClellan, provided with new and full instructions from the War Department, to assume charge of all the negroes and the plantations, and it is perhaps desirable to await these before reducing the force on the plantations, unless a controlling military exigency necessitates the reduction.

It is with pain that I see the work with which the Treasury Department has charged me summarily defeated, and I cannot believe it to have been the intention of the Government, having expended so much upon it, thus to leave it. On the other hand, all communications received by me from Washington affirm continued confidence in it and the intention to promote it.

While therefore yielding obedience to the order issued, I have felt compelled to state in what manner it appears to me to conflict with the policy of the Government and the duties with which I have been charged, and in conclusion I beg leave to suggest whether it be just to deal thus with these poor people against their will.

Your obedient servant,

EDWARD L. PIERCE, Special Agent Treasury Department.

* Next, ante.

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No. 6.

POPE’S PLANTATION, Saint Helena Island, May 18, 1862.

Major-General HUNTER, Commanding Department of the South:

GENERAL: It seems important to advise you of the scenes transpiring yesterday in the execution of your order for the collection and transportation of the able-bodied colored men from the islands to Hilton Head. The colored people became suspicious of the presence of the companies of soldiers detailed for the service, who were marching through the islands during the night. Some thought the rebels were coming and stood guard at the creeks. The next morning (yesterday) they went to the fields, some, however, seeking the woods. They were taken from the fields without being allowed to go to their houses even to get a jacket, this, however, in some cases, being gone for by the wife. The inevitableness of the order made many resigned, but there was sadness in all. As those on this plantation were called in from the fields, the soldiers, under orders, and while on the steps of my headquarters, loaded their guns, so that the negroes might see what would take place in case they attempted to get away. This was done in the presence of the ladies here. Wives and children embraced the husband and father thus taken away, they knew not where, and whom, as they said, they should never see again. On some plantations the wailing and screaming were loud and the women threw themselves in despair on the ground. On some plantations the people took to the woods and were hunted up by the soldiers. The school at Eustis was a scene of confusion, the children crying, and it was found of no use to carry it on. The superintendents aided in the execution of the order with moral influence and physical assistance, some of them walking many miles in the night to guide the soldiers, but they all express great sorrow at what has been done and feel that the hold which they had been slowly and carefully getting on their people has been loosened. They told the negroes that General Hunter was their friend and meant well by them, and his orders must be obeyed, but they disavowed responsibility for the act. The soldiers, it is due to them to say, considering the summary manner in which they were called upon to act, and the speed required of them, conducted themselves with as little harshness as could have been expected.

Such was yesterday; and it was a sad day with these simple-hearted and family-loving people, and I doubt if the recruiting service in this country has ever been attended with such scenes before. I pray you for the kindest attentions (and I know you will give them) to those who have gone to Hilton Head, and for the immediate return of all who are not disposed to bear arms, in order that the suspense of those who have gone and of those who have remained may be relieved. I shall go to Hilton Head to-morrow (Wednesday) to visit them.

Your obedient servant,

EDWARD L. PIERCE, Special Agent Treasury Department.

{p.58}

No. 7.

MRS. JENKINS’ PLANTATION, Saint Helena Island, S. C.

E. L. PIERCE, Esq.:

DEAR SIR: The quiet of the last Sabbath morning was broken in upon by one whom I shall call in this connection an intruder, Mr. Phillips. I saw that he was laboring under some excitement, which excitement was communicated to me through the medium of a circular from General Stevens, which Mr. Phillips very privately submitted for my perusal and benefit, with also an order from yourself authorizing me to act in accordance with the spirit and letter of the military command. At half-past 1 a.m. of Monday a detachment of three soldiers, in command of a corporal, were admitted to my house and quartered, also breakfasted in the morning. After which preparation was made for the execution of the “order.” As we left the house we saw where had been but a few moments before field hands, hard at work, nothing but horses and plows without drivers, and idle hoes. On inquiry we found that no one could tell the whereabouts of any of the “able-bodied men.” The fact was they had “smelt a very large rat,” and according to the expression of an old man on the place, had found it “very necessary to go to the woods to split rails.” The soldiers went to the cabins and to the woods some quarter of a mile distant and brought in all but two of the men “capable of bearing arms.” The two men had eluded the vigilance of the soldiers and could not be found. The people were not told the object for which they were taken until they were brought to me. I tried to explain to them why they were to be carried away, cheering and encouraging them by every means in my power. All seemed disheartened and sad, though none were stubborn or used harsh words. The soldiers used them very kindly and made no decided demonstration of authority. The scene at the house was strange and affecting. Women and children gathered round the men to say farewell. Fathers took the little children in their arms, while the women gave way to the wildest expressions of grief. When the women first came up several of them had axes in their hands. My foreman also carried his ax about with him for some time, but no threat or attempt to use them was made. I think the axes were those which the men had used in the woods for rail-splitting, but when the time came to march these were laid aside, and a moaning and weeping Such as touches the hearts of strong men burst forth, an evidence and sure witness that there is a fountain of love and humanity in the hearts of the poor negroes of South Carolina that can be opened and wilt overflow with the sentiments which characterize the heart of mankind that is impressed with the image of God. My attempts to comfort the hearts and quiet the apprehensions of the mourners were quite unsuccessful, and I left them to join the new recruits, they “refusing to be comforted.” One woman told me she had lost all her children and friends, and now her husband was taken and she must die uncared for. Many expressions of a like nature were made to me, while all felt and believed this to be a final separation. My protection was claimed, but I was to give “such aid as was in my power” for the execution of the order. I reserved, by advisement of the corporal, the foreman on all my places. At the Doctor Croft plantation but two men were taken, the others with the foreman escaped to the woods, having gained information {p.59} in regard to the movement from a woman who had seen the soldiers at Mrs. Jenkins’ plantation. Some of the remaining hands protested that they would not work any longer on the plantations, but have concluded, since I have talked with them, to go on with their labors, and a few are willing to do more than before. This conscription, together with the manner of its execution, has created a suspicion that the Government has not the interest in the negroes that it has professed, and many of them sighed yesterday for the “old fetters” as being better than the new liberty. My own heart well-nigh failed me, and but for the desire to still sympathize with this, as they call themselves, “short-minded” but peculiar people, I should desire to commit my charge to some person with a stronger mind and sterner heart than my own.

It gives me pleasure to state to-day that there is something less of the demonstration of grief than yesterday, though their hearts are still large with thoughts of the separation.

With much respect, I subscribe myself, your humble servant,

G. M. WELLS, Superintendent of Plantations.

No. 8.*

DOCTOR POPE’S PLANTATION, Saint Helena, Tuesday, May 13-9 a.m.

DEAR MR. PIERCE: It was late Sunday evening when Mr. Philbrick came in bearing General Stevens’ circular, and the accompanying note from yourself. This was the first notice we had of the movement. We could do nothing till the arrival of the squad which Mr. Philbrick said was to come that very night to execute the order. About midnight Captain Stevens rode up to our door and was quietly admitted. He said the squad was on the road and handed me the “descriptive list” to be filled out. “How and when shall it be done ?” I asked. “You know best about that and will act accordingly,” was his reply. Clearly the military relied upon us to make the seizure, and as the event proved, the work was all ours. A few minutes later the squad of ten men stole into our yard. I detailed four of them to go over to Wells’, and led the remainder into the house to pass the rest of the night, taking the precaution to close the shutters of the room, that they might not be seen in the morning. I then marched the squad of four over to Mrs. Jenkins’ plantation, returned and turned in for two or three hours’ sleep till sunrise, at which hour I had agreed with the doctor to go over to the Indian Hill Plantation, before the negroes went out to their work, while he did the same at Doctor Pope’s, that the alarm might not spread from one place to the other and the men take themselves to the woods. Reaching the negro quarters before 6 o’clock, I find the people quietly at work, the men and boys grinding corn for the morning meal, the women cooking in their cabins. The corporal and his squad are to follow in a few minutes. I gather the men quietly and tell them that General Stevens has sent for them to come immediately to Beaufort, and that we must all obey the general’s orders. By this time the corporal comes up and bids them “fall in.” They move reluctantly, they must have their jackets, their shoes, &c. The women are sent to fetch them, as I am afraid we shall lose the men if they go out of our sight. This causes some {p.60} delay and gives time for the whole population to collect, and we move off, the whole village, old men, women, and boys, in tears, following at our heels. The wives and mothers of the conscripts, giving way to their feelings, break into the loudest lamentations and rush upon the men, clinging to them with the agony of separation. Their very ignorance and long degradation fill them with the worst forebodings. They declare they will never see them again and are deaf to all the explanations I offer. Some of them, setting up such a shrieking as only this people could, throw themselves on the ground and abandon themselves to the wildest expressions of grief. One woman, whom I was obliged to turn back several times by the shoulders, declared she knew they were not going to Beaufort; something worse was to be done to them; she would see for herself. Hurrying back to Doctor Pope’s, I took the sergeant and one soldier in our buggy over to Capt. John Tripp’s. Here the people were at work in the field. The men were called from their work and their names taken. While the line was forming between the cotton rows I went to another part of the field to speak a few words of cheer to old Lucy, for I saw her two boys were among the levy. She is a great favorite of mine and has learned with very little aid from me to read through her spectacles. She clung to her hoe for support, and weeping bitterly, like Rachel of old, refused to be comforted for her boys were not, and she was left alone with her old man. The men were not allowed to go home, the women and children bringing to them the few things that were needed for their forced march. The private was left to escort them, while the sergeant and I got in to drive to the next estate. I whipped up to avoid witnessing another scene of violent separation, but for a long distance we could hear the prolonged crying and wailing. When we came to Thomas J. Tripp’s I found the old foreman, but the men, as he hinted, had fled to the woods. I left a message with him to advise them to come up and see me at Doctor Pope’s, and in the afternoon, somewhat to my surprise, they appeared and took up their line of march without escort to Beaufort Ferry.

At Marion Chaplin’s the same plan was pursued, the men being found in the fields, collected, impressed, and marched off. As I rode home I meditated a suitable form of resignation to be presented to yourself. In the afternoon I revisited Indian Hill and was made glad to find that the people did not hate us with a perfect hatred. Their confidence in our power to protect them is certainly loosened.. The old foreman there said it reminded him of what his master said we should do, referring to the old Cuba story. I found him afterward urging his people to have confidence in God, who could clear up the darkest sky. I have heard several contrast the present state of things with their former condition to our disadvantage. This rude separation of husband and wife, children and parents, must needs remind them of what we have always stigmatized as the worst feature of slavery. Many other incidents are fresh in my mind and will always cling to-me to remind me of the worst day’s work I ever did, but, “ab uno disce omnes,” these I have narrated are fair examples of all.

The plea of military necessity has been stretched to cover up many a mistake and some acts of criminal injustice, but never, in my judgment, did major-general fall into a sadder blunder and rarely has humanity been outraged by an act of more unfeeling barbarity.

Believe me, my dear sir, very truly, yours,

L. D. PHILLIPS.

* For No. 9, see Chase to Stanton, May 21, p. 50.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 21, 1862.

His Excellency the GOVERNOR OF MAINE:

Raise one regiment of infantry immediately. Do everything in your power to urge enlistments. Orders have been given to supply clothing, arms, and equipments before the regiment leaves the State.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

(Same to Governors of New Hampshire, Rhode Island, Connecticut, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and Iowa.)

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NORWICH, CONN., May 21, 1862.

General THOMAS, Adjutant-General:

The organization of the regiment of infantry shall have my earnest attention.

W. A. BUCKINGHAM, Governor of Connecticut.

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SAINT PAUL, May 21, 1862. (Received 12.16 a.m. 22d.)

Hon. E. M. STANTON, Secretary of War:

Would be difficult to raise a regiment at this season, unless the people were assured there was an imperative necessity. General Halleck has called on us to recruit for our regiments in his department. This will tax us heavily at this season.

ALEX. RAMSEY.

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CONCORD, N. H., May 21, 1862.

Adjt. Gen. L. THOMAS:

SIR: In reply to your recent telegram I think a regiment of infantry could be raised in sixty or ninety days if required. I will write you this morning more fully.

N. S. BERRY, Governor.

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STATE OF NEW HAMPSHIRE, EXECUTIVE DEPT., Concord, May 21, 1862.

General LORENZO THOMAS, Adjutant-General of the United States, Washington, D. C.:

GENERAL: I telegraphed you this morning that in my opinion a regiment of infantry could be raised in sixty or ninety days. It is a very busy season of the year with our people, who are generally engaged in agricultural pursuits. We received an order from the War Department a few days since to recruit 200 men for our Sixth {p.62} Regiment. We find the men enlist rather slowly. If the Department desires us to raise another regiment we will raise and organize it with all possible dispatch. New Hampshire will cheerfully respond to the extent of her ability to aid the Government in putting down this wicked and causeless rebellion.

I am, very respectfully, yours, &c.,

N. S. BERRY, Governor.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 21, 1862.

His Excellency Governor MORGAN, Albany, N. Y.:

Raise one regiment of infantry immediately, to be ready within thirty days, and to be armed, clothed, and equipped before it leaves the State. Raise as many regiments thereafter as you can.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 21, 1862.

His Excellency Governor MORGAN, Albany, N. Y.:

Have regiment of infantry ordered ready in ten days, if possible. If not, in fifteen.

L. THOMAS, Adjutant-General.

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STATE OF NEW YORK, EXECUTIVE DEPARTMENT, Albany, May 21, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

SIR: The Adjutant-General of the United States has requested me to raise one regiment of infantry immediately, to be ready if possible in ten days, to be armed, clothed, and equipped before it leaves the State. He also authorizes me by your authority to raise as many regiments thereafter as I can. It is essential that I fully understand in what manner the expenses attending this duty shall be met. The Legislature of this State has made no appropriation applicable to the expenses attending the organization of additional volunteers for the service of the United States. Government. It will be necessary, therefore, for me to look wholly to the General Government, and I now ask that that Government at once assumes the payment of all necessary expenses, and that all needful authority, therefore, be formally issued to me by return mail. I suggest that for the sake of securing the greatest dispatch the answer be communicated by telegraph as also by mail.

I have the honor to be, your obedient servant,

E. D. MORGAN.

{p.63}

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EXECUTIVE DEPARTMENT, Albany, May 21, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

Telegrams of Adjutant-General Thomas received, asking for new regiments. I have written by to-day’s mail, and wrote on 12th and adjutant-general of this State on 14th, respecting recruiting under Order 49. I respectfully ask immediate replies as to mode of meeting expenditures.

E. D. MORGAN.

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COLUMBUS, OHIO, May 21, 1862.

Adjutant-General THOMAS:

In reply to your telegram of the 19th am of the opinion that I can raise one regiment in six weeks, another in eight weeks, and a third in ten weeks.

DAVID TOD, Governor.

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PROVIDENCE, May 21, 1862.

Adjt. Gen. L. THOMAS:

Is it the three-months’ or three-years’ regiments authorized from Rhode Island? Reply at once.

WM. SPRAGUE.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 21, 1862.

His Excellency Governor HOLBROOK, Brattleborough, Vt.:

Raise one regiment of infantry immediately, to be armed, clothed, and equipped before it leaves the State. Raise as many thereafter as you can. After the first regiment is completed raise a few independent batteries of artillery.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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INDIANAPOLIS, May 22, 1862.

SECRETARY OF WAR:

Have issued a call for a regiment. Will use every effort to fill it soon. If these rebels could be sent to Sandusky or Columbus, Ohio, a good regiment with experienced officers would be ready for service.

W. R. HOLLOWAY, Governor’s Private Secretary.

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AUGUSTA, ME., May 22, 1862.

General L. THOMAS, Adjutant-General:

I will set about the regiment instanter. Shan’t I arrange to one-fourth of the bounty in advance? It will help amazingly.

I. WASHBURN, JR.

{p.64}

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPT., Boston, May 22, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: On the 17th instant, by my direction, the adjutant-general of this Commonwealth had the honor to address you a letter concerning the Massachusetts battalion of infantry now on duty at Fort Warren, which he inclosed to the Hon. John B. Alley, who was requested to hand it to you, and if possible to receive your answer. This battalion numbers six full companies of 101 men each, is well officered, and is in an admirable state of discipline. With your permission I will recruit it to a regiment, which can be done in a comparatively short time, and have it placed, subject to your order, as one of the three regiments about which Adjutant-General Thomas telegraphed me on Monday. Should you accept this proposition, it will be an easy matter to recruit another battalion for service at the fort, which I will do with your permission. The men now at the fort desire active service, and as they are now proficient in military drill, it would be advisable to send them to the field in preference to a regiment composed of raw recruits. Please let me know by telegraph your decision. Colonel Dimick will probably oppose; the old army officers dislike changes. But it is the best thing to do, in my judgment. Fort Warren is a good place to break in and drill at, and when the men become proficient they do more good elsewhere.

Yours, with great respect,

JOHN A. ANDREW.

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STATE OF NEW JERSEY, EXECUTIVE DEPARTMENT, Trenton, May 22, 1862.

General L. THOMAS, Adjutant-General United States:

SIR: Last evening I received dispatch directing me to raise one regiment of infantry immediately. Measures have been taken to comply with the order at the earliest possible moment. We can clothe the regiment from our State arsenal.

Very respectfully, yours,

CHAS. S. OLDEN.

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MADISON, May 22, 1862.

Adjt. Gen. L. THOMAS:

If Government will pay our field and line officers from the time they commence their work we will raise the regiment speedily. It will, save twenty days’ time in getting regiment ready. Please answer as soon as possible.

E. SALOMON.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 22, 1862.

His Excellency the GOVERNOR OF WISCONSIN, Madison, Wis.:

If the regiments are raised within twenty days, the field and line officers will be paid by the Government prom commencement of their {p.65} service. If not, then from date of organization of the respective commands.

L. THOMAS, Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 23, 1862.

His Excellency SAMUEL J. KIRKWOOD, Governor of Iowa, Des Moines, Iowa:

Raise one regiment of infantry as soon as possible, the others afterward.

L. THOMAS, Adjutant-General.

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STATE OF KANSAS, EXECUTIVE OFFICE, Topeka, May 23, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to inclose herewith the statements of Colonel Weer with indorsements* and to submit a statement relative to the matter.

On the 20th of June, 1861, General Lane received authority to raise two regiments. One of these Colonel Weer attempted to raise by appointment, not of the Governor but of General Lane. Those regiments were authorized to be mustered with full list of field and company officers before being filled.

September 16, 1861, the War Department issued Order No. 78, providing that all persons having received authority from the War Department to raise volunteer regiments, batteries, and companies in the loyal States, are with their commands hereby placed under the orders of the Governors of those States, to whom they will immediately report the present condition of their respective organizations. These troops will be organized or reorganized and prepared for service by the Governors of their respective States in the manner they may judge most advantageous for the interests of the General Government.

Notwithstanding this order General Lane never reported to me as required, and I did not interfere with his two regiments except to commission such officers as he had selected, one of whom was Colonel Weer. Colonel W. was never appointed by the President and would never have been appointed by me had I been authorized to raise the regiments in the first instance, as it is notorious that he was loud in his threats against the State Executive. He was commissioned solely to avoid all appearance of opposing the wishes of General Lane in the organization of his regiments. I never ordered any companies from the Fourth Regiment except one cavalry and one artillery company, and this was done after notice was received by me from the War Department that mixed regiments would not be recognized. The other companies, if they ever belonged to the regiment, were detached by General Lane without any agency of mine.

{p.66}

January 17, 1862, General Hunter, commanding Department of Kansas, issued General Orders, No. 9, in part as follows:

I. In compliance with Special Orders, No. 1, paragraph 4, from Headquarters of the Army, dated 2d instant, First Lieut. C. S. Bowman, Fourth U. S. Cavalry, will proceed to their respective stations and remuster the Third, Fourth, and Fifth Regiments Kansas Volunteer Brigade.

...

III. The mustering officer in the performance of this duty will strictly regard the requirements of the orders of the War Department applicable to the organization of regiments, battalions, and companies, namely, General Orders, Nos. 15, 25, and 61. If there are found in any regiment or organization, on remustering, any surplus officers, they must be mustered out of service preparatory to full payment for the time they have served, &c.

In accordance with this order Colonel Weer’s regiment was remustered, and he was found to have but five full infantry companies and a fragment. He was accordingly mustered out as colonel, not by my order, but by order of General Hunter.

The Third Regiment was found to be in about the same condition, and its colonel was also mustered out.

Afterward, when the department had been placed under General Halleck, that officer requested me to consolidate the fragments of regiments, which I did, organizing each arm of the service by itself. There were ten full infantry companies and some fragments, and I consolidated them into one regiment and placed over it such officers as I deemed for the best interests of the service. Colonel Weer being already out of the office of colonel by order of General Hunter, it was optional with me to reappoint him or take some one else. As I believe it would be an injury to the service to displace the present officers of the Tenth Regiment with the old officers of the Fourth, I cannot consistently do so. No injustice is done Colonel Weer. He has never had a full regiment; never could have been made colonel in accordance with Order No. 16, 1861; never was appointed by the President, and was simply commissioned by me for the reason above stated. It is true he may have been appointed by General Lane, but he was simply a civilian and his appointment carried with it no authority to be recognized by the War Department or State Executive.

Very respectfully, your obedient servant,

C. ROBINSON, Governor of Kansas.

* Omitted.

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BOSTON, May 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

I am making all preparations possible in advance of your directions. Please make any requisition on me you desire and we will do our utmost, conquering all difficulties and obstacles by earnest will to obey and serve.

JOHN A. ANDREW.

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COLUMBUS, OHIO, May 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Assuming that you wish to fill up the regiments in the field, allow me to suggest that full companies be made from the men now fit for {p.67} service in the field, and that the company officers of the companies that are broken up be sent home to recruit entire new companies for their old regiments, giving them, say, forty days to do the work, and upon failure of success revoke their commissions, the organizations of the regiments remaining in the meantime intact. You thus secure experienced officers for the new recruits and save the accumulation of officers and expense. I am executing your order to raise a new regiment with dispatch.

DAVID TOD, Governor.

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GENERAL ORDERS No. 66.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 24, 1862.

I. The following act of Congress is published for the information of all concerned:

AN ACT to authorize the appointment of medical store-keepers and chaplains of hospitals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be authorized to add to the Medical Department of the Army medical store-keepers, not exceeding six in number, who shall have the pay and emoluments of military store-keepers in the Quartermaster’s Department, who shall be skilled apothecaries or druggists, who shall give the bond and security required by existing laws for military store-keepers in the Quartermaster’s Department, and who shall be stationed at such points as the necessities of the Army may require: Provided, That the provisions of this act shall remain in force only during the continuance of the present rebellion.

SEC. 2. And be it further enacted, That the President of the United States is hereby authorized to appoint, if he shall deem it necessary, a chaplain for each permanent hospital, whose pay, with that of chaplains of hospitals heretofore appointed by him, shall be the same as that of regimental chaplains in the volunteer force; and who shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the Army.

Approved May 20, 1862.

II. The following are the regulations which will govern the appointment of medical store-keepers under the first section of the foregoing act of Congress:

1. A board of not less than three medical officers will be assembled by the Secretary of War to examine such applicants as may by him be authorized to appear before it.

2. Candidates to be eligible to examination shall be not less than twenty-five years or more than forty years of age; shall possess sufficient physical ability to perform their duties satisfactorily, and shall present with their applications satisfactory evidence of good moral character.

3. Candidates will be required to pass a satisfactory examination in the ordinary branches of a good English education, in pharmacy and materia medica, and to give proof that they possess the requisite business qualifications for the position.

4. The board will report to the Secretary of War the relative merit of the candidates examined, and they will receive appointments accordingly.

5. When appointed, each medical store-keeper will be required to give a bond in the amount of $40,000 before he shall be allowed to enter on the performance of his duties.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.68}

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WAR DEPARTMENT, Washington City, D. C., May 24, 1862.

His Excellency JOHN A. ANDREW, Governor of Massachusetts, Boston:

The propositions contained in your letter of the 22d are all approved. Let the battalion of infantry at Fort Warren be recruited to a full regiment and made ready to march as soon as possible.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, May 24, 1862.

Major-General MORGAN, Albany, N. Y.:

The operations of the enemy in the Shenandoah may require speedy re-enforcements. Please organize one regiment as speedily as possible. The Seventh New York should also be in readiness to move if called for.

EDWIN M. STANTON, Secretary of War.

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ALBANY, N. Y., May 24, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your dispatch received. The Seventh Regiment will move at short notice when ordered. Its roll shows 900 men. A fair proportion can be relied upon. I will also furnish the Government other militia regiments, and have taken instant measures to learn how many and of what strength. Militia regiments will prefer a three-months’ muster. Will they be accepted? Inform me fully of your wants. They will be met.

E. D. MORGAN.

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CONFIDENTIAL.]

WAR DEPARTMENT, May 24, 1862.

Governor MORGAN, Albany:

A dispatch from General Wool says the rebels are reported to be moving north from Richmond. If that be true we shall need re-enforcements here. To that end three-months’ militiamen will be received in addition to volunteers for the war. Prudence requires that every precaution should be used, and therefore your whole military force, militia as well as volunteers, should be put immediately on a footing to answer a sudden call.

EDWIN M. STANTON, Secretary of War.

(Same to Governor Curtin, Harrisburg, and Governor Andrew, Boston.)

{p.69}

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ADJUTANT-GENERAL’S OFFICE, Washington, May 24, 1862.

His Excellency the GOVERNOR OF OHIO:

If the regiment called for be completed in thirty days the officers will be paid from the commencement of service.

L. THOMAS, Adjutant-General.

(Same to the Governors of Maine, New Hampshire, Rhode Island, Connecticut, New Jersey, Pennsylvania, Indiana, Illinois, Michigan, Minnesota, Iowa, New York, Vermont, and Wisconsin.)

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HARRISBURG, PA., May 24, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your dispatch received. Have sent the adjutant-general to Philadelphia to prepare the regiments of Gray and Blue Reserves and National Guards and detached companies in the First Division of the home guard of that city. I will take other measures for the organization of the military bodies in other parts of the State. I will keep you advised meanwhile. Telegraph further to-morrow, so that I can advise General Russell before he leaves the city to-morrow night. It would greatly facilitate my recruiting operations if Captain Dodge were permitted to act as my agent in detailing volunteer officers with proper instructions in this service. Please authorize him so to act.

A. G. CURTIN.

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HARRISBURG, PA., May 24, 1862.

General L. THOMAS, Adjutant-General:

The required regiment will be raised within the time mentioned.

A. G. CURTIN.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 24, 1862.

His Excellency the GOVERNOR OF RHODE ISLAND, Providence, R. I.:

The three-months’ regiment from Rhode Island is accepted. Send it at once to this city.

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Ordered:

By virtue of the authority vested by act of Congress the President takes military possession of all the railroads in the United States from and after this date until further orders, and directs that the respective {p.70} railroad companies, their officers and servants, shall hold themselves in readiness for the transportation of troops and munitions of war as may be ordered by the military authorities, to the exclusion of all other business.

By order of the Secretary of War:

M. C. MEIGS, Quartermaster-General.

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WAR DEPARTMENT, Washington City, D. C., May 25, 1862.

GOVERNOR OF MAINE:

Intelligence from various quarters leaves no doubt that the enemy in great force are advancing on Washington. You will please organize and forward immediately all the volunteer and militia force in your State.

EDWIN M. STANTON, Secretary of War.

(Same to the Governors of New Hampshire, Vermont, Massachusetts, Rhode Island, New York, Pennsylvania, Ohio, Indiana, Illinois, Wisconsin, Michigan, and Iowa.)

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WAR DEPARTMENT, Washington, D. C., May 25, 1862.

Governor CURTIN, Harrisburg:

Send all the troops forward that you can immediately. Banks is completely routed. The enemy are in large force advancing upon Harper’s Ferry.

EDWIN M. STANTON, Secretary.

(Same to Governor Andrew, Boston, and to Governor Sprague, Providence.)

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SAINT LOUIS, May 25, 1862.

His Excellency RICHARD YATES, Governor of Illinois:

SIR: I have the honor to state that large numbers of loyal citizens in Northwestern Arkansas express a desire to enter the military service of the United States. I believe a regiment can be raised in two or three counties near this post (Cassville, Mo., where my regiment is now stationed), composed exclusively of Arkansans, with no expense to the Government for subsistence of recruits prior to the mustering in of the regiment entire. Presuming that the extent of the loyal feeling in this region is unknown to the Government, and presuming that manifestations of such feeling by citizens of States in rebellion would, when known, be encouraged by the authorities, I deem it a duty to make the facts known, and therefore respectfully ask Your Excellency to present the matter to the consideration of the President or Secretary of War. If authorized to say that a regiment or more from {p.71} Arkansas would be accepted, I believe I could soon make a cheering report from this people, who have hitherto since the war commenced been prevented from any exhibition of their undoubted loyalty by the forces of Price and McCulloch quartered in their midst until the battle of Pea Ridge.

I have the honor to be, very respectfully, your obedient servant,

JULIUS WHITE, Col. Thirty-seventh Illinois Vols., Comdg. Post, Cassville, Mo.

[First Indorsement.]

SPRINGFIELD, June 6, 1862.

Respectfully referred to the President of the United States.

Here seems to be an opening worthy of consideration. Colonel White is a reliable officer. Cannot something be done?

RICHD. YATES, Governor of Illinois.

[Second indorsement.]

JUNE 11, 1862.

The President respectfully refers the inclosed to the Secretary of War, with the expression of his confidence in the energy and faithfulness of General White.

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BOSTON, May 26, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Your telegram received. Please communicate through me an order on Col. Justin Dimick, commanding Fort Warren, to forward the battalion of six companies there stationed, and authorize me to place militia there for garrison. I will send by steamer down harbor to fort. Will get militia officers to consultation to-night. Authorize me to draw on the U. S. mustering, disbursing officers, quartermaster, and commissary for the needful. Authorize also to enlist such three-months’ or six-mouths’ volunteers as you want instead of sending militia. Probably can do that as quick with better officers. Give me discretion. Will watch telegraph all night.

JOHN A. ANDREW, Governor of Massachusetts.

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WAR DEPARTMENT, Washington City, D. C., May 25, 1862.

Governor ANDREW, Boston, Mass.:

Your telegram received. The orders you desire will be given by the Adjutant-General and Quartermaster-General. In addition thereto I hereby authorize you to make requisitions upon the respective quartermasters and commissaries at your discretion, and to do and perform whatever acts and things may be necessary for the raising and forwarding troops for the Government. This telegram to be your warrant and authority.

EDWIN M. STANTON, Secretary of War.

{p.72}

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EXECUTIVE DEPARTMENT, Albany, May 25, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

I can dispatch 3,000 militia soldiers in small regiments, fit for service, in twenty-four hours after order; can be largely increased with few days’ time. I propose to send you one regiment, the Fifth Volunteer Artillery, armed as infantry, 1,000 strong, on Tuesday, 27th instant, unless you telegraph me to the contrary.

E. D. MORGAN.

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WAR DEPARTMENT, Washington, D. C., May 25, 1862.

Governor MORGAN, Albany, N. 1K.:

Send on all the troops you can, and quickly. All the information from every source indicates a concentration of rebel power in this direction. Send the Seventh Regiment immediately.

EDWIN M. STANTON, Secretary of War.

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ALBANY, May 25, 1862.

Hon. E. M. STANTON:

I have your two dispatches of this date. The Fifth Volunteer Artillery and the Seventh Artillery and the Seventh New York State Militia are by telegraph ordered to leave New York for Washington to-morrow. Four smaller militia regiments from New York are ordered to follow the above, and all other available militia force in the State will be forwarded as you have requested. Please direct all your officers at New York to honor my requisitions for arms and ammunition.

E. D. MORGAN.

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WAR DEPARTMENT, Washington City, D. C., May 25, 1862.

Governor MORGAN, Albany, N. 1K:

Your telegram received and orders given by Adjutant-General. Two dispatches from General Banks state that he had reached within a short distance of the Potomac at Williamsport safely with his force after a march of thirty-five miles, having saved his trains and the chief part of his command. We hope that he may have effected his crossing in safety as he expected.

EDWIN M. STANTON, Secretary of War.

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COLUMBUS, OHIO, May 25, 1862. (Received 26th.)

Hon. E. M. STANTON:

Your dispatch asking for troops for Washington received. Will send you one full regiment on the 27th. For what length of time shall the new volunteers be asked to serve, and what number do you want from Ohio?

DAVID TOD, Governor.

{p.73}

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HARRISBURG, PA., May 25, 1862.

E. M. STANTON, Secretary of War:

The organization of volunteers has been in progress all day in Philadelphia. From movements since the defeat of Banks I have reason to apprehend a design to cross into Cumberland Valley. I suggest whether our present available force had not better be thrown in that direction. There is a great alarm on the border, and I have dispatches from our troops at Hagerstown, who have retreated there without arms. I cannot reach the interior of the State by telegraph until to-morrow.

A. G. CURTIN.

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WASHINGTON, May 26, 1862.

To the SENATE AND HOUSE OF REPRESENTATIVES:

The insurrection which is yet existing in the United States, and aims at the overthrow of the Federal Constitution and the Union, was clandestinely prepared during the winter of 1860 and 1861, and assumed an open organization in the form of a treasonable Provisional Government at Montgomery, in Alabama, on the 18th day of February, 1861. On the 12th day of April, 1861, the insurgents committed the flagrant act of civil war by the bombardment and capture of Fort Sumter, which cut off the hope of immediate conciliation. Immediately afterward all the roads and avenues to this city were obstructed, and the capital was put into the condition of a siege. The mails in every direction were stopped, and the lines of telegraph cut off by the insurgents, and military and naval forces, which had been called out by the Government for the defense of Washington, were prevented from reaching the city by organized and combined treasonable resistance in the State of Maryland. There was no adequate and effective organization for the public defense. Congress had indefinitely adjourned. There was no time to convene them. It became necessary for me to choose whether, using only the existing means, agencies, and processes which Congress had provided, I should let the Government fall at once into ruin, or whether, availing myself of the broader powers conferred by the Constitution in cases of insurrection, I would make an effort to save it with all its blessings for the present age and for posterity. I thereupon summoned my constitutional advisers-the heads of all the Departments-to meet on Sunday, the 20th [21st] day of April, 1861, at the office of the Navy Department, and then and there, with their unanimous concurrence, I directed that an armed revenue cutter should proceed to sea, to afford protection to the commercial marine, and especially the California treasure ships, then on their way to this coast. I also directed the commandant of the navy-yard at Boston to purchase or charter, and arm as quickly as possible, five steam-ships, for purposes of public defense. I directed the commandant of the navy-yard at Philadelphia to purchase, or charter and arm, an equal number for the same purpose. I directed the commandant at New York to purchase, or charter and arm, an equal number. I directed Commander Gillis to purchase, or charter and arm, and put to sea two other vessels. Similar directions were given to Commodore Du Pont with a view to the opening of passages by water to and from the capital. I directed the several officers to take the advice and obtain the aid and efficient {p.74} services in the matter of His Excellency Edwin D. Morgan, Governor of New York, or in his absence, George D. Morgan, William M. Evarts, R. M. Blatchford, and Moses H. Grind, who were by my direction especially empowered by the Secretary of the Navy to act for his Department in that crisis in matters pertaining to the forwarding of troops and supplies for the public defense. On the same occasion I directed that Governor Morgan and Alexander Cummings, of the city of New York, should be authorized by the Secretary of War, Simon Cameron, to make all necessary arrangements for the transportation of troops and munitions of war in aid and assistance of the officers of the Army of the United States until communication by mails and telegraph should be completely re-established between the cities of Washington and New York. No security was required to be given by them, and either of them was authorized to act in case of inability to consult with the other. On the same occasion I authorized and directed the Secretary of the Treasury to advance, without requiring security, $2,000,000 of public money to John A. Dix, George Opdyke, and Richard M. Blatohford, of New York, to be used by them in meeting such requisitions as should be directly consequent upon military and naval measures necessary for the defense and support of the Government, requiring them only to act without compensation, and to report their transactions when duly called upon.

The several departments of the Government at that time contained so large a number of disloyal persons that it would have been impossible to provide safely, through official agents only, for the performance of the duties thus confided to citizens favorably known for their ability, loyalty, and patriotism. The several orders issued upon these occurrences were transmitted by private messengers, who pursued a circuitous way to the seaboard cities, inland, across the States of Pennsylvania and Ohio and the Northern Lakes. I believe that these and other similar measures taken in that crisis, some of which were without any authority of law, the Government was saved from overthrow. I am not aware that a dollar of the public funds thus confided without authority of law to unofficial persons was either lost or wasted, although apprehensions of such misdirection occurred to me as objections to those extraordinary proceedings, and were necessarily overruled. I recall these transactions now because my attention has been directed to a resolution which was passed by the House of Representatives on the 30th day of last month, which is in these words:

Resolved, That Simon Cameron, late Secretary of War, by investing Alexander Cummings with the control of large sums of the public money, and authority to purchase military supplies without restriction, without requiring from him any guarantee for the faithful performance of his duties, when the services of competent public officers were available, and by involving the Government in a vast number of contracts with persons not legitimately engaged in the business pertaining to the subject-matter of such contracts, especially in the purchase of arms for future delivery, has adopted a policy highly injurious to the public service, and deserves the censure of the House.

Congress will see that I should be wanting equally in candor and in justice if I should leave the censure expressed in this resolution to rest exclusively or chiefly upon Mr. Cameron. The same sentiment is unanimously entertained by the heads of Departments, who participated in the proceedings which the House of Representatives has censured. It is due Mr. Cameron to say that, although he fully approved the proceedings, they were not moved nor suggested by {p.75} himself, and that not only the President but all the other heads of Departments were at least equally responsible with him for whatever error, wrong, or fault was committed in the premises.

ABRAHAM LINCOLN.

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WAR DEPARTMENT, Washington City, May 26, 1862.

Maj. Gen. JOHN A. DIX:

GENERAL: The President having taken military possession of the Baltimore and Ohio Railroad for national purposes, under the authority invested in him by act of Congress, the utility of the road and the safety of the capital require that the railroad, its depots, workshops, rolling-stock, and all its appendages and appurtenances should be under military protection, and also that its officers, servants, and employés, and whomsoever may be engaged in the working of the road for the benefit of the Government, should be protected against all violence, injury, or danger. You are therefore directed to afford such protection to the fullest extent of the emergency and the force of your command, and you are requested to exert it for that purpose.

By order of the President:

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

The GOVERNOR OF NEW HAMPSHIRE:

Please designate by telegram to Brigadier-General Ripley, Chief of Ordnance, and Quartermaster-General Meigs the points where you desire arms and clothing to be placed for your new regiments to be raised under recent call.

EDWIN M. STANTON, Secretary of War.

(Same to Governors of Vermont, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and Iowa.)

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NORWICH, May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

Have clothing and nearly enough equipments for the next regiment. Will order any deficiency as directed.

WM. A. BUCKINGHAM, Governor.

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SPRINGFIELD, ILL., May 26, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The Governor has not returned from Tennessee. I can organize and arm militia to guard prisoners here and at Chicago and send you three regiments ready for the field immediately. Shall I do so?

ALLEN C. FULLER, Adjutant-General.

{p.76}

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INDIANAPOLIS, May 26, 1862.

SECRETARY OF WAR:

Dispatch of the 26th instant received. Governor Morton is with General Halleck. Will send you to-night four companies of infantry fully equipped and one company of artillery. Shall the artillery bring field guns? Will immediately see what other force can be released at once and advise you. Can probably send a full regiment to-morrow and another company of artillery. Will be glad to get your instructions from time to time.

W. R. HOLLOWAY, Governor’s Private Secretary.

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INDIANAPOLIS, May 26, 1862.

SECRETARY OF WAR:

Captain Ekin, the quartermaster here, has an ample supply of good clothing. We also have arms.

W. R. HOLLOWAY, Governor’s Private Secretary.

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AUGUSTA, May 26, 1862.

Hon. E. M. STANTON:

Shall I take the guards at the forts, about 120 men? Shall I accept three-months’ volunteers? Where, how, and when about arms and equipments?

I. WASHBURN, JR.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

His Excellency Governor WASHBURN, Augusta, Me.:

SIR: Send on the guards at the forts; replace them, if necessary, by militia. I have accepted some three-months’ volunteers, but do not desire to receive any more. If, however, you find that you cannot get three-years’ men, enlist them for three months. Arms and equipments will be sent to any place you may designate. You will be authorized to make requisitions on the Quartermaster-General and Chief of Ordnance for what you need. Please hasten your enlistments; time is important.

EDWIN M. STANTON, Secretary of War.

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AUGUSTA, May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

Am raising three-years’ regiment under late call. The militia of the State has no organization of any worth. I will enlist volunteers for three months in lieu of drafting. This will be most expeditious. Should the necessity cease for these emergency men please inform me thereof, as recruiting for three-years’ regiment will be better.

I. WASHBURN, JR.

{p.77}

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ADJUTANT-GENERAL’S OFFICE, Washington, May 26, 1862.

Governor ISRAEL WASHBURN, Augusta, Me.:

Enlist no more three-months’ men. Only three-years’ men are needed. Please report how many three-months’ men you have enlisted.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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AUGUSTA, May 26, 1862.

General THOMAS:

Have part of regiment of three-months’ men. Shall it be filled? If not, cannot send any men immediately, as we have no organized militia amounting to anything. No full companies of three-months’ men are yet enlisted. What I have can be easily discharged. Three-years’ regiment is filling up well.

I. WASHBURN, JR.

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BOSTON, May 26, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Please telegraph me authority to commission again Francis J. Parker, who resigned majorship of Fort Warren battalion, and was discharged May 22. Have you any more from Banks? Our people are rushing as in April, 1861. They will repeat the enthusiasm and glory of Lexington and Baltimore.

JOHN A. ANDREW.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Governor ANDREW, Boston, Mass.:

You are authorized to commission again Francis J. Parker. General Banks stated in a dispatch received this morning, dated at Williamsport, that his force was then crossing the river in good order and excellent spirits, and that he expected to save everything. Four days ago I nominated Gordon for brigadier, and he appears to have won it nobly. Banks and his officers have conducted his operations gallantly.

EDWIN M. STANTON, Secretary of War.

P. S.-Just as I signed the above a telegram received from General Banks says, “Everything of importance safe-guns, ordnance trains, and nearly all the baggage trains.”

E. M. STANTON.

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BOSTON, May 26, 1862.

Hon. E. M. STANTON:

We have sent six companies of volunteers under Lieutenant-Colonel Parker to-night. Shall send battery at 6 a.m. to-morrow. I have 2,000 militia in town which we hope to send to-morrow evening.

JOHN A. ANDREW, Governor.

{p.78}

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ALBANY, May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

Your dispatch dated at midnight was received at 2.20 o’clock this morning. Seven or eight militia regiments, ranging from 400 to 600, are ready to go, but will in many cases need uniforms. Shall these be uniformed and sent, or does later information render it unavoidable to send militia regiments now? Seventh Militia and Fifth Volunteer Artillery will leave to-night.

E. D. MORGAN.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Governor MORGAN, Albany, N. 1K:

Send on all the militia regiments. Colonel Vinton, quartermaster at New York, has been directed to answer your requisitions; also the commissary has received the same directions.

EDWIN M. STANTON.

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NEW YORK, May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

MY DEAR SIR: The strength of the militia regiments under marching orders from this city can be increased by volunteers if uniforms can be issued to them. Colonel Vinton says he needs his instructions from the Quartermaster-General. He does not feel at liberty to issue clothing or equipage to militia regiments without special orders in every instance emanating from him. Please send him the necessary instructions. The clothing is required for troops to move to-morrow.

THOS. HILLHOUSE, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Hon. DAVID TOD, Columbus, Ohio:

We want as many troops as you can raise in the State for the term of three years, or during the war, or for any other term, not less than three months, according as you can raise them quickest.

EDWIN M. STANTON, Secretary of War.

[MAY 26, 1862.]

Governor DAVID TOD, Columbus, Ohio:

Can you send forward rapidly a force along the Baltimore and Ohio Railroad to Cumberland? The enemy occupy Martinsburg. We hold Harper’s Ferry. I can furnish arms. Might not a temporary force be organized to guard the prisoners and relieve the force now on that duty at Camp Chase?

EDWIN M. STANTON, Secretary of War.

{p.79}

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COLUMBUS, OHIO, May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

I have a temporary force raised for guard duty at Camp Chase, which relieves the Sixty-first Regiment. It will be ready for the field to-morrow. Shall I send it to protect the Baltimore and Ohio Railroad? The people of Ohio are responding handsomely to your call for additional troops. You have at Camp Thomas 400 or 600 regular troops; why not order them to Cumberland?

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Governor TOD, Columbus, Ohio:

In the absence of any information by this Department respecting the present position of General Frémont, you will please forward the Sixty-first Regiment toward Cumberland and direct it to report to General Kelley, who has charge of the Railroad Division in Frémont’s command.

EDWIN M. STANTON, Secretary of War.

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COLUMBUS, OHIO, May 26, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Telegram to Governor about arms and clothing received. It is believed 10,000 men will promptly respond to the call. About 7,000 arms needed. Should be sent here. Dickerson has clothing, but no camp equipage. Will dispatch Generals Ripley and Meigs.

GEO. B. WRIGHT, Quartermaster-General of Ohio.

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WAR DEPARTMENT, Washington City, D. C., May 26, 1862.

Governor CURTIN, Harrisburg, Pa.:

Mr. Puleston has shown me your dispatch to him. I would be glad to have you specify what “want of support from Washington has retarded your efforts” in order that it may be corrected. It has been the desire of the Department to act harmoniously with the State Executives, and I have not been aware of any complaint heretofore. The Adjutant-General will make all necessary and lawful arrangements that may be required for expenses and officers upon your application to him or the Department specifying what you do want. If Captain Dodge can be detailed on the service you desire it will be done.

EDWIN M. STANTON, Secretary of War.

{p.80}

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HARRISBURG, May 26, 1862.

Hon. E. M. STANTON:

Your dispatch this morning relieves me as to equipments and arms, and I presume the Commissary Department will supply our volunteers. I wish Dodge ordered to place himself under my orders and assist me. He has experience that will be useful. Captain Lane has offered and can be of great service. We can enlist 600 men in Franklin and Fulton Counties, but as there is great alarm on the border they had better be armed and equipped and marched in the direction of Hagerstown. The people are enrolling all over the State, and my only fear is we will have more than can be equipped and armed. I desire that the various officials of the Government shall provide transportation and subsistence promptly, and that Captain Dodge be directed to assist me.

Rest assured that there is no want of harmony in our intercourse. I only wish authority and assistance, and Pennsylvania shall far exceed all the previous efforts to crush the rebellion.

A. G. CURTIN.

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HARRISBURG, May 26, 1862.

Hon. E. M. STANTON:

Our people about entrance to Cumberland Valley are alarmed, and say no defense can be made but at the crossing, and they fear an early attempt in immense force. Cannot our and other State troops be ordered in that direction? Please give this your early attention and reply.

A. G. CURTIN.

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HARRISBURG, May 26, 1862.

General L. THOMAS, Adjutant-General:

Regiments at Philadelphia ready to move under the late requisition of the President are not up to standard required by War Department, but are full under the militia law of Pennsylvania, in accordance with which our organizations of militia must be made. Let me urge you to recognize the organizations as they are.

A. G. CURTIN.

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BRATTLEBOROUGH, May 26, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Telegraph of 26th just received. Unfortunately we have no militia in Vermont, but we will recruit volunteer regiments and batteries with utmost vigor and energy and send to you. After one infantry regiment is raised, or nearly so, shall the next be a regiment of infantry or four or more batteries of artillery?

F. HOLBROOK, Governor.

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BRATTLEBOROUGH, May 26, 1862.

Adjt. Gen. L. THOMAS:

Recruiting for regiment of infantry called for is already progressing in ten counties. Hope to be able to raise and organize in thirty to {p.81} forty days. If recruiting progresses well, shall next attempt to raise a few independent batteries of artillery, first conferring further with you about it. If batteries are raised could you detail an experienced non-commissioned officer to each for temporary service as drillmaster?

F. HOLBROOK.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 26, 1862.

His Excellency the GOVERNOR OF VERMONT, Montpelier, Vt.:

Infantry is required more than artillery. No more than two batteries of artillery will be wanted from Vermont.

L. THOMAS, Adjutant-General.

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MADISON, WIS., May 26, 1862.

Hon. E. M. STANTON:

We have no militia organized. We have full regiment now guarding rebel prisoners here. We could organize in a few days a guard temporarily enlisted for the purpose, so as to relieve the regiment and send it to Washington. If you approve, state for how long we shall enlist the guard. We can place the guard under control of Major Smith, U. S. recruiting superintendent here.

E. SALOMON.

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MADISON, WIS., May 26, 1862.

Hon. E. M. STANTON, Secretary of War:

If the rebel prisoners here can be sent to Chicago to be guarded, we can start our Nineteenth Regiment in three days.

E. SALOMON, Governor.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 26, 1862.

E. SALOMON, Governor of Wisconsin, Madison, Wis.:

No change in the rebel prisoners can be made just now. This is a matter for the Commissary-General of Prisoners, who is at Detroit.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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MILWAUKEE, WIS., May 26, 1862.

ADJUTANT-GENERAL:

There are four good Wisconsin regiments idle in Kansas-the Ninth, Twelfth, and Thirteenth Wisconsin Infantry and Third Cavalry. The Twelfth and Thirteenth may have been ordered to Corinth, but {p.82} the Ninth, at Fort Scott, is idle there and one of the best regiments in the army. I would suggest to have these regiments called into active service at once. That can be done sooner than new troops raised.

EDWD. SALOMON, Governor of Wisconsin.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 26, 1862.

Capt. R. I. DODGE, Eighth Infantry, Mustering and Disbursing Officer, Harrisburg, Pa.:

Afford every assistance to the Governor of your State in raising the troops just called for.

L. THOMAS, Adjutant-General.

(Same to other mustering officers.)

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NORWICH, May 27, 1862.

Hon. E. M. STANTON, Secretary of War:

The Krupp cannon was forwarded to-day. I can send you for ninety days a battery of artillery with 130 men, 6-pounder cannon and 12-pounder howitzers, caissons, battery wagon, forges, and all appointments new and complete, except horses, which can be furnished at short notice. Several companies of militia tender their services for ninety days.

Respectfully,

WM. A. BUCKINGHAM, Governor of Connecticut.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor BUCKINGHAM, Norwich, Conn.:

Accept my thanks for the Krupp cannon. I think we shall not need any three-months’ men or artillery, but will let you know if they should be needed.

EDWIN M. STANTON, Secretary of War.

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INDIANAPOLIS, May 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The Sixtieth Regiment having been ordered to General Halleck, we will guard our prisoners with our State militia as per orders from Adjutant-General’s Office. Will General Meigs please direct Captain Ekin to issue them such supplies and equipage as they may need?

O. P. MORTON, Governor.

{p.83}

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INDIANAPOLIS, May 27, 1862.

General L. THOMAS:

A battalion of four companies of the Sixty-third Regiment, Colonel Williams, left for Washington last night. The Meigs battery left this morning with equipment complete.

W. R. HOLLOWAY.

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HEADQUARTERS DEPARTMENT OF KANSAS, Fort Leavenworth, May 27, 1862.

Hon. E. M. STANTON, Secretary of War:

I have respectfully to represent that on the receipt of your letter of instructions of May 19 [20], directing me to reinstate Colonel Weer, Lieutenant-Colonel Burrs, Adjutant Phillips, and others, in their respective positions in the Third Kansas Regiment as now consolidated with the Fourth Regiment, and to assign the officers thus displaced to duty in other Kansas regiments when there were vacancies equal to their rank, I immediately dispatched Captain Moonlight, my assistant adjutant-general, to confer with Governor Robinson and ask his co-operation in carrying out the wishes of the War Department. A copy of my letter of instructions to Captain Moonlight is herewith inclosed, marked A. From the inclosed copy of Governor Robinson’s letter to me, dated May 26, and marked B, you will observe that he not only refuses to co-operate in carrying out your instructions, but calls in question your authority to make such an order.

It is notorious that from the first attempt to raise and organize volunteer troops in Kansas the conduct of Governor Robinson has been such that great injustice has been done to the officers who were first in the field, while the efficiency of the troops has been greatly injured and the State well-nigh disgraced. Therefore, in the present state of affairs, I can hold no further conversation with the Governor, Robinson, relative to the Kansas troops now in the field, but shall carry out your instructions in the cases referred to, and in all other cases of like character I shall be governed by the same principle. I can see no authority for dismissing an officer from the service except that vested in the President of the United States and a general court-martial. Therefore all officers who have been commissioned and mustered into service and displaced by the corrupt operations of the Governor will be assigned to duty wherever vacancies occur equal to their rank.

I am apprised that Governor Robinson is now, through his emissaries, endeavoring to embarrass my administration and produce discontent among the troops under my command, and at a time when they are under marching orders and the interest of the country admits of no delay. I shall allow no tampering or interference with the forces under my command by Governor Robinson or any of his agents, and should they attempt so to interfere to the detriment of the public service I shall promptly put them under arrest as camp followers, and even though it should be the Governor himself. Hoping to be sustained by the Department at Washington in this course, which is the only one that can render our Kansas troops efficient and do justice to all parties concerned,

I am, most respectfully, your obedient servant,

JAS. G. BLUNT, Brigadier-General, Commanding.

{p.84}

[Inclosures.]

A.

HEADQUARTERS DEPARTMENT OF KANSAS, Fort Leavenworth, May 24, 1862.

Capt. THOMAS MOONLIGHT:

You are hereby instructed to confer with His Excellency the Governor of Kansas relative to the subject of Special Orders, No. 80, War Department, April 12, and also letter of instructions from Adjutant-General’s Office at Washington, May 19 [20], pertaining to said orders. You are authorized to say to the Governor that it is the wish of this department to co-operate with him in all proper measures to carry out the instructions of the War Department in reference to the Kansas volunteer troops. You will also inform the Governor that no more officers will be mustered into the Kansas regiments until all of the vacancies now existing are filled by the assignment of such officers as have already served under commissions issued by him and who have been displaced by the various transfers and consolidations of companies and regiments.

Respectfully, yours, &c.,

JAS. G. BLUNT, Brigadier-General, Commanding.

B.

STATE OF KANSAS, EXECUTIVE OFFICE, Topeka, May 25, 1862.

General J. G. BLUNT, Commanding Department of Kansas:

SIR: I have the honor to acknowledge the receipt of a copy of Special Orders, No. 180 [80], of the War Department, dated May 19 [April 12], 1862. This order is based upon the supposition that both the Governor and Lieutenant-Governor were at the time out of the State, when both were in the State, and one, the Lieutenant-Governor, had not been absent at all. The order, being thus based upon false premises, falls to the ground, in my opinion. I have communicated my views to the War Department upon this subject, a copy of which has been forwarded to your headquarters. I do not feel disposed to take any action in the premises until the facts, as therein set forth, have been considered by the Secretary of War. I know of no law or precedent authorizing such interference with the duties of the State Executive as Order No. 180 [80] contemplates. In my judgment, to carry into effect that order would create great confusion and do great injustice, and therefore cannot be a party to its enforcement, but, on the contrary, must enter my solemn protest against it as illegal, inexpedient, and prejudicial to the best interests of the service.

Very respectfully, your obedient servant,

C. ROBINSON.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor WASHBURN, Augusta, Me.:

Urgent necessities indicated two years ago that the largest force in the shortest time would be required. The public spirit manifests that sufficient force may be raised of three-years’ men, and as that is, {p.85} for military and financial reasons, much preferable, the President has directed the new levies to be confined to three-years’ men. Recent advices from General Banks state that he has saved his command with small loss.

EDWIN M. STANTON, Secretary of War.

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AUGUSTA, ME., May 27, 1862.

EDWIN M. STANTON, Secretary of War:

On the strength of General Thomas’ dispatch yesterday stopped raising three-months’ men, and am raising only the three-years’ regiment previously called for. Is this right?

I. WASHBURN, JR., Governor.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 27, 1862.

His Excellency GOVERNOR OF MAINE, Augusta, Me.:

Discharge all three-months’ men you have enlisted and fill up the three-years’ regiment as rapidly as possible.

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, May 27, 1862.

Governor ANDREW, Boston, Mass.:

The President directs that the militia be released and the enlistments made for three years or during the war. This, I think, will practically not be longer than for a year. The latest intelligence from General Banks states that he has saved nearly his whole command with small loss. Concentrations of our force have been made, which it is hoped will capture the enemy.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Hon. JOHN B. ALLEY, House of Representatives:

SIR: In answer to the letter of the adjutant-general of Massachusetts, submitted by you to this Department, in which he offers the services of a battalion of volunteers now serving at Fort Warren, I have the honor to inform you that an order has been given authorizing the Governor of Massachusetts to complete a regiment for active service from the battalion offered by Adjutant-General Schouler.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

{p.86}

–––

BOSTON, May 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The militia don’t want to serve under the law of July, 1861, altering old law, which limited service to three months. Will you take them on any understanding that in three months they may be discharged, or shall I release militia and begin recruiting volunteers for six months or one year or more?

JOHN A. ANDREW, Governor.

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BOSTON, May 27, 1862.

Hon. E. M. STANTON:

It is very important that we should have your authority to enlist our militiamen for three months. We have 2,600 now in Boston awaiting your answer. They did not know of the new law of Congress, and are not prepared for it. Please accept them for three months, and we will send them right on, armed, uniformed, and equipped.

WM. SCHOULER, Adjutant-General..

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SAINT PAUL, May 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

On. 22d instant issued call for a regiment of infantry. Send us arms, clothing, &c.

ALEX. RAMSEY.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor MORGAN, Albany, N. 1K:

The indications are that we shall be able to procure promptly enough three-years’ men to serve the purposes of the Government, and that being preferable, you will please accept no more for less term without special order.

EDWIN M. STANTON, Secretary of War.

(Same to Governors of Indiana, Indianapolis; Wisconsin, Madison; Michigan, Lansing; Minnesota, Saint Paul; Iowa, Davenport; Illinois, Springfield; New Jersey, Trenton; Ohio, Columbus, and Pennsylvania, Harrisburg.)

–––

NEW YORK, May 27, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: The Seventh Regiment National Guard left for Washington last night. They left without being mustered into the U. S. service, as the demand seemed to be pressing, and the influence of their {p.87} example on other regiments and volunteers was most beneficial. The period for which they are to serve is left to be arranged after their arrival in Washington, but they left with the understanding that it should not be less than thirty days, nor more than three months, nor are they to be under any obligation to remain longer than the former period, unless they consent to after their arrival. Of course their muster should date from the time of their leaving.

I am, sir, very respectfully, your obedient servant,

THOS. HILLHOUSE, Adjutant-General.

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ALBANY, May 27, 1862.

Hon. EDWIN M. STANTON:

Five regiments are under marching orders to leave New York to-day. Colonel Vinton declines to issue clothing to them unless mustered, which will detain them until Friday. To prevent unnecessary delay, please give Colonel Vinton orders to issue clothing at once, and let the men be mustered on arrival at Washington, as was done last year.

E. D. MORGAN.

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NEW YORK, May 27, 1862.

Hon. E. M. STANTON:

SIR: Nearly 10,000 militia are under arms in this city ready to move as fast as transportation can be provided. They only need uniforms in part, which under existing orders Colonel Vinton [says] cannot be provided until they are mustered, and it will be several days before they can be mustered. Will you not answer Governor Morgan’s telegram requesting the issue of uniforms here, and muster on arrival at Washington?

THOS. HILLHOUSE, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 28 [27], 1862.

Governor MORGAN, Albany, N. Y.:

The order you request has been given to Colonel Vinton. Please state the term of enlistment of the regiments you have sent and are sending.

EDWIN M. STANTON.

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COLUMBUS, OHIO, May 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The Sixty-first, Colonel Schleich, will leave at 6 p.m. this day via Baltimore and Ohio Railroad. Regiment full. Troops are pouring in handsomely. Unless otherwise ordered will send via Pittsburg.

DAVID TOD, Governor.

{p.88}

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor CURTIN, Harrisburg, Pa.:

General Banks is at Williamsport, with his force in much better condition than was expected, and without having suffered any great loss. We have a large force at Harper’s Ferry, and that place is reported to be secure. A large concentration of our forces at Manassas has been made. Reports from Harper’s Ferry indicate that the rebel forces have fallen back in apprehension of the movements now being made to capture them. It is not believed that there is any present danger of an aggression of the enemy in Pennsylvania. The forces being raised by the Government are designed for service in the field remote from your State, and in view of the apprehension expressed in your telegram of last evening, that the Pennsylvania troops may be needed for your own defense, the President will not require any other from Pennsylvania to be mustered into the U. S. service but those who volunteer for three years or during the war, leaving all others to meet any emergency that may hereafter arise for your domestic protection, as you seem to think such protection is needed.

EDWIN M. STANTON, Secretary of War.

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HARRISBURG, May 27, 1862.

Hon. E. M. STANTON:

Can you not specify the number of men that will be required from Pennsylvania under late call? We are likely to be overrun.

A. G. CURTIN.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor CURTIN, Harrisburg, Pa.:

Your telegram as to organization of regiments just received, and the Adjutant-General directed to answer it immediately under the President’s instructions.

EDWIN M. STANTON, Secretary of War.

–––

WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor CURTIN, Harrisburg, Pa.:

In answer to your inquiry as to what number of men will be taken from your State, the Secretary of War directs me to say that any number of three-years’ men you can raise will be accepted.

L. THOMAS, Adjutant-General.

{p.89}

–––

HARRISBURG, PA., May 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Last night I sent following telegram to Adjutant-General Thomas. Have received no answer:

General L. THOMAS, Adjutant-General U. S. Army, Washington:

Regiments at Philadelphia ready to move under the late requisition of the President are not up to standard required by War Department, but are full under the militia law of Pennsylvania, in accordance with which our organizations of militia must be made. Let me urge you to recognize the organizations as they are.

A. G. CURTIN.

These regiments referred to consist of 2,000 men in four regiments. They refuse to consolidate, having always had a separate and distinct organization. They are uniformed and drilled and will prove effective soldiers. Will you accept them? They are ready to go. Do you require that all companies or regiments shall be to minimum standard of the United States, unless special authority is obtained for individual cases? I request an immediate answer, that the men may be informed of your conclusion.

A. G. CURTIN.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 27, 1862.

Governor CURTIN, Harrisburg, Pa.:

Your dispatch respecting raising volunteers according to the organization of the militia prescribed by the laws of Pennsylvania was duly received. The President has decided not to receive troops except according to the organization prescribed by the act of Congress and for the period of three years or during the war.

L. THOMAS, Adjutant-General.

–––

HARRISBURG, May 27, 1862.

Hon. E. M. STANTON, Secretary of War:

In accordance with the information communicated by your telegram this afternoon, that the President would not require any other troops from Pennsylvania to be mustered into the U. S. service but those who volunteer for three years or during the war, the general orders of these headquarters calling for three-months’ volunteer militia have been countermanded and revoked.

A. G. CURTIN.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 27, 1862.

His Excellency Governor CURTIN, Harrisburg, Pa.:

No home guards, cavalry, or artillery will be received.

L. THOMAS, Adjutant-General.

{p.90}

–––

PROVIDENCE, May 27, 1862.

Hon. E. M. STANTON:

I send 1,000 men to-day.

WM. SPRAGUE.

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WAR DEPARTMENT, Washington City, D. C., May 27, 1862.

Governor SPRAGUE, Providence, R. I.:

Your telegram was received to-day. Thanks for your promptness. The President directs that the new levies be confined to three-years’ men. The regiment you have sent has been specially excepted, understanding it to be for three months.

EDWIN M. STANTON.

–––

MADISON, WIS., May 27, 1862.

Adjutant-General THOMAS:

Understanding from your reply to my dispatch and letter that the officers are to be paid for thirty-days’ service, at all events, in raising troops, if engaged so long before organization of command, I will proceed with all possible diligence to raise the regiment. Answer.

E. SALOMON, Governor.

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HDQRS. SECOND DIV., DISTRICT OF COLUMBIA MILITIA, Washington, May 28, 1862.

Maj. Gen. R. C. WEIGHTMAN, Commanding the District of Columbia.

GENERAL: The accompanying letter of Brig. Gen. J. H. Bradley is sent you with my approval, to be forwarded to the Secretary of War, and in so doing I would again propose to the Government to authorize the enrollment in Washington of a permanent armed home guard, to consist at present of from 8,000 to 10,000 men, composed mostly of citizens of this vicinity. The men would be familiar with the surroundings of this District, and with a few hours of military practice each day would soon become good soldiers, could act as a military police to Washington, would give confidence to the timid, and present an impassable barrier to any ordinary force which might threaten our city from without. Had such a body been organized it would have prevented the necessity of drawing troops here from New York, Boston, or other points, and the cost of the latter operation, transportation, &c., will far exceed that which would be necessary to keep up the organization suggested, and the general alarm through the country would be avoided. With reference to placing arms in the hands of the people at this juncture unless they had been previously drilled and properly instructed to act in concert I could not recommend, but I most earnestly urge the imperative necessity of using our own citizens, the militia of this District or a portion of them, as a home guard, and I am satisfied that there are thousands of loyal citizens who would willingly and promptly co-operate in this measure. It is well known that I am an old army officer of artillery and a graduate {p.91} of West Point, and I heartily join with Brigadier-General Bradley in offering my services to the Government. We would require no better arm than the smooth-bore musket, and of these there are thousands in our arsenals.

Very respectfully, your obedient servant,

GEN. C. THOMAS, Maj. Gen., Comdg. Second Div., District of Columbia Militia.

[Inclosure.]

WASHINGTON, May 26, 1862.

Maj. Gen. G. C. THOMAS:

GENERAL: The rumors afloat in the city have produced a very unnecessary degree of uneasiness and alarm, and if it should produce no other effect, may to a great extent be allayed by an armed force among the citizens. I therefore beg leave to suggest an application to the proper department for arms, say from 600 to 1,000, to be issued to known and responsible men through reliable officers, and that so many and as many more as may be deemed expedient be called into service. I think I can be responsible for 600 at least, and that the number may be indefinitely increased. Although I have had no experience in the field, I have had some military education and experience in the management and control of men and am familiarly acquainted with all the country about Washington. In the absence of a better man I will undertake, if the command is given to me, to give a good account of them and am ready to serve in any capacity that I can render most service. I beg leave through you to tender my services to the Government, and am,

Very respectfully, your obedient servant,

JOS. H. BRADLEY, Brig. Gen., Comdg. Third Brig., Militia District of Columbia.

[First Indorsement.]

HDQRS. SECOND DIV., DISTRICT OF COLUMBIA MILITIA, Washington, May 28, 1862.

Maj. Gen. R. C. WEIGHTMAN, Commanding the District of Columbia:

Respectfully referred to the Secretary of War through the major-general commanding the District of Columbia.

The accompanying letter to be considered as an indorsement of the within suggestions.

GEO. C. THOMAS, Major-General, Second Division, District of Columbia Militia.

[Second Indorsement.]

HEADQUARTERS MILITIA DISTRICT OF COLUMBIA, Washington, May 30, 1862.

Respectfully forwarded to Brig. Gen. Lorenzo Thomas for the action of the Honorable Secretary of War, with the suggestion that the proposition of Brig. Gen. Joseph H. Bradley be favorably considered. The commanding officer of the District of Columbia believes that from twenty to thirty companies (uniformed) could be raised in a short period, if the Secretary of War favors the plan. Should he do so, the commanding officer, of the District would further suggest that {p.92} the field officer be nominated to him for approval or disapproval from these headquarters as affording the best means of knowing the wants and wishes of the rank and file.

R. C. WEIGHTMAN, Commanding Officer Militia District of Columbia.

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WAR DEPARTMENT, Washington, D. C., May 28, 1862.

Adjt. Gen. ALLEN C. FULLER, Chicago:

Send your regiments immediately to General Halleck.

EDWIN M. STANTON, Secretary of War.

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CHICAGO, May 28, 1862.

Hon. E. M. STANTON, Secretary of War:

I can send the organized regiments immediately to General Halleck if you will allow me to complete the organization of the three-months’ men to guard prisoners. Shall I complete their organization at once?

ALLEN C. FULLER, Adjutant-General.

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CHICAGO, May 28, 1862.

Hon. E. M. STANTON, Washington, D. C.:

Governor Yates has, under your authority, authorized the raising of three regiments for three months to guard prisoners in this State and relieve three regiments now here ready for the field. These regiments are now organizing. What shall be done with them? Please answer me here immediately.

ALLEN C. FULLER, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Adjutant-General FULLER, Chicago, Ill.:

I telegraphed you this morning to organize the three-months’ men immediately to guard the prisoners and to send the three-years’ men to General Halleck speedily as possible.

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS KENTUCKY VOLUNTEER MILITIA, ADJUTANT-GENERAL’S OFFICE, Frankfort, May 28, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

SIR: The Military Board are in receipt of authority from the Department to raise a regiment of infantry in this State. I am instructed by the board to suggest the propriety of permitting them {p.93} to organize a regiment of mounted men instead of infantry. If the regiment is intended for service in Kentucky in the present emergency a regiment of infantry would be of comparatively little value. Bands of mounted rebels are prowling about the country, committing acts of depredation and outrage, and they are generally mounted on the best horses in the country, stealing always the best they can find, moving with such rapidity from point to point that it would be and is impossible to operate against them effectively without mounted men. The board think the mounted men could be raised at once and without difficulty, all preferring that service and all desiring to be in that arm of the service which promises most usefulness. The board would direct its efforts to raise mounted men in the central and northeastern parts of the State, where the men are generally practiced shots and superior horsemen, and where many of them could be recruited who would be familiar with the topography of the country in which they would be required to operate at present. The board beg to present these considerations to the Chief Executive and Secretary of War and ask such consideration as they may be entitled to. The presence of an active military force in Kentucky is becoming daily more necessary. Rebels are becoming more defiant, but give us the mounted regiment and in the hands of good partisan leaders, and we have them who are ready to enter the field at once, and ten days will not have elapsed before a manifest change in things will be apparent in Kentucky.

I am, very respectfully,

JNO. W. FINNELL, Adjutant-General of Kentucky Volunteers.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor ANDREW, Boston, Mass.:

All uniformed and equipped companies of volunteers that are or can be immediately organized and equipped will be accepted by companies, mustered and mounted for organization into regiments. Any volunteer cavalry companies that can be forwarded immediately will be accepted.

EDWIN M. STANTON, Secretary of War.

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BOSTON, May 28, 1862.

Hon. E. M. STANTON:

By the old army regulation civilians were entitled to $2 for every able-bodied man they recruited. This was changed by the regulations. Will you allow me to employ civilians and pay them $1 for every recruit they enlist? It will facilitate recruiting very much. It is, indeed, almost absolutely necessary. Please answer by telegraph.

JNO. A. ANDREW.

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WAR DEPARTMENT, Washington City, D. C., May 928, 1862.

Governor ANDREW, Boston, Mass.:

The old regulation allowing civilians pay for recruits was repealed by act of Congress. This is understood to be a prohibition of any {p.94} allowance. Mr. Hooper showed me your telegram to him. I am not disturbed by the howling of those who are at your heels and mine.

EDWIN M. STANTON.

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WASHINGTON, May 28, 1862.

Governor JOHN A. ANDREW, Boston, Mass.:

I am authorized by the President to say, in reply to your telegram, the order for the militia and three-months’ men was made by the President himself upon deliberate consultation with the Secretary of War and other members of his Cabinet and his military advisers. You are requested not to make any public use of this.

S. HOOPER.

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EXECUTIVE DEPARTMENT, Albany, N. Y., May 28, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

Your dispatch dated 27th was received this morning. Fifteen militia regiments had been accepted for three-months’ service, mostly in New York and Brooklyn. It is supposed they will average nearly 800 each. Part have left; remainder will move as fast as transportation can be provided. Your request to discontinue acceptances of three-months’ regiments is noticed and will be strictly observed.

E. D. MORGAN.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor MORGAN, Albany, N. Y.:

Your telegram received and all your proceedings approved. Send on the troops accepted. They may come by companies without awaiting regimental organization, if that would expedite the matter.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor MORGAN, Albany, N. Y.:

If you have any volunteer cavalry, mounted or unmounted, please send them on immediately.

EDWIN M. STANTON, Secretary of War.

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ALBANY, May 28, 1862.

Hon. E. M. STANTON, Secretary of War:

We have no volunteer cavalry remaining in this State, mounted or unmounted, except one regiment mustered out of service, a portion of which might re-enlist.

E. D. MORGAN.

{p.95}

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ADJUTANT-GENERAL’S OFFICE, Washington, May 28, 1862.

Governor TOD, Columbus, Ohio:

The Secretary of War desires you to organize a sufficient body of troops to guard the prisoners at Camp Chase. The detachment of regulars now there will remain until you can relieve them with volunteers.

L. THOMAS, Adjutant-General.

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COLUMBUS, OHIO, May 28, 1862.

Hon. E. M. STANTON:

Shall I send any three-months’ men to Washington? If yes, shall they go in companies or wait to be organized into regiments?

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor TOD, Columbus, Ohio:

You may accept any three-months’ men that can be immediately organized into companies. You need not wait to organize them into regiments.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor SPRAGUE, Providence, R. I.:

Have you not some mounted cavalry that you can forward here immediately?

EDWIN M. STANTON, Secretary of War.

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BRATTLEBOROUGH, May 28, 1862.

Hon. E. M. STANTON:

Your telegram received, stating that inasmuch as Government can procure promptly enough three-years’ men to serve its purposes, you desire me to accept no more troops for less time without special orders. Vermont having no organized militia, I was unable to send forward armed and organized troops instantly, as you requested; but immediately commenced recruiting two infantry regiments for three-years’ service, unless sooner discharged, and have reason to think Ninth Regiment can be raised, organized, and ready for marching orders in some thirty days, and that Tenth Regiment can be alike ready in fifty days. These two regiments will be first-class material, equal to our best; very reliable troops for service anywhere. Vermont will be up {p.96} to her whole duty now and always, cheerfully contributing her full quota of army, large enough to make military operations vigorous, effective, and certain everywhere.

FREDERICK HOLBROOK, Governor of Vermont.

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WAR DEPARTMENT, Washington City, D. C., May 28, 1862.

Governor HOLBROOK, Brattleborough, Vt.:

Your telegram received. I thank you for your attention. Please organize and send on the regiments speedily as possible.

EDWIN M. STANTON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 28, 1862.

Governor SALOMON, Madison, Wis.:

Officers will not be paid from the commencement of service unless the regiment is completed in thirty days.

L. THOMAS, Adjutant-General.

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GENERAL ORDERS No. 66.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, May 29, 1862.

Officers serving in the Quartermaster’s Department will issue to signal parties of the army serving in their vicinity such supplies as may be necessary for their proper equipment, on the requisition of the officer in charge of such parties.

Rations will be issued to signal parties in like manner by officers of the Commissary Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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LEAVENWORTH, KANS., May 29, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: If the War Department desires it, I can, if authorized, raise two companies of Dakota volunteers to garrison Fort Randall, in Dakota Territory, and thus relieve the three companies of the Fourteenth Regiment of Iowa Volunteers now garrisoning Fort Randall.

I am, very respectfully, your obedient servant,

W. JAYNE, Governor of Dakota Territory.

P. S.-My address is Yankton, Dak. Ter.

W. J.

{p.97}

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SPRINGFIELD, ILL., May 29, 1862.

Hon. EDWIN M. STANTON, Washington, D. C.:

On yesterday I sent you the following dispatch:

Since my return from Pittsburg I find a series of telegrams from you, conflicting as to the number and character of troops to be raised. Be kind enough to inform me immediately what troops you expect Illinois to furnish, and for what length of time.

Please answer.

RICHD. YATES, Governor.

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WAR DEPARTMENT, Washington City, D. C., May 29, 1862.

Governor YATES, Chicago, Ill.:

The President two or three days ago, in view of impending emergencies, directed three-months’ volunteers and militia to be received. Upon reconsideration it was concluded to limit the call to volunteers for three years or during the war, and to such actual existing military organizations as were armed and equipped and ready for immediate service. The latter would be received for three-months’ service. Three-months’ volunteers were also authorized for guarding prisoners.

EDWIN M. STANTON, Secretary of War.

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INDIANAPOLIS, May 29, 1862.

Hon. E. M. STANTON, Secretary of War:

Before receiving your last dispatch orders were given accepting 1,600 Indiana militia to guard rebel prisoners, and to relieve Sixtieth Regiment, heretofore ordered to join General Halleck’s army. Orders for organization of five additional regiments, including Twelfth and Sixteenth, have been issued.

LAZ. NOBLE, Adjutant-General of Indiana.

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BOSTON, May 29, 1862.

Hon. E. M. STANTON, Secretary of War:

Bounty on enlistments being repealed, may I offer recruits a month’s pay in advance when mustered in, to provide for families? This will greatly hasten enlistments.

JOHN A. ANDREW.

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WAR DEPARTMENT, Washington City, D. C., May 29, 1862.

Governor ANDREW, Boston, Mass.:

Your inquiry in respect to advance pay has been under consideration by the President and the heads of bureaus. Such advance has {p.98} in one case been allowed, and it would no doubt facilitate enlistment; but it does not appear to be sanctioned by any law or existing regulation, and has been productive of some evil. It is therefore concluded to be inadmissible. In declining three-months’ enlistments it was not designed to refuse actual existing organizations that could enter at once into service. Did you so understand it? What time will we be likely to receive some troops from your State?

EDWIN M. STANTON, Secretary of War.

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GENERAL HEADQUARTERS STATE OF NEW YORK, ADJUTANT-GENERAL’S OFFICE, Albany, May 29, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington:

SIR: I am directed by His Excellency Governor Morgan to acknowledge the receipt of your telegram of the 27th instant, inquiring for what term of service the militia regiments from this State were accepted. The Governor desires me to inform you that all these regiments were accepted for three months unless sooner discharged, excepting the Seventh, which was accepted for thirty-days’ service only.

I have the honor to be, sir, very respectfully, your obedient servant,

D. CAMPBELL, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 29, 1862.

Governor MORGAN, Albany, N. Y.:

A telegram from Col. W. H. Allen, New York, through Senator King, applies for quarters and commissary stores for the Stanton Legion which he is raising. He has been directed to apply to you, as the Department, warned by difficulties arising from former independent organizations, will only receive troops through the instrumentality of the respective Governors.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., May 30, 1862.

ORDER RESPECTING MUSTERING AND PAY OF RECENT ENLISTMENTS.

Governor I. WASHBURN, Augusta, Me.:

All regiments of militia or of three-months’ volunteers who have offered their services under the recent call of the War Department, and who have so far perfected their organization as to be able to report for orders at Saint Louis, at Columbus, Ohio, or at Washington City, by the 10th of June, will be mustered into the service of the United States for three months from that date, the pay of each volunteer or militiaman commencing from the date of his enlistment.

{p.99}

Under the call for three-years’ volunteers 60,000 men will be accepted as raised and reported by the respective State Governors.

By order of the President:

EDWIN M. STANTON, Secretary of War.

(Same to Governors N. S. Berry, Concord, N. H.; Frederick Holbrook, Brattleborough, Vt.; John A. Andrew, Boston, Mass.; William Sprague, Providence, R. I.; W. A. Buckingham, Hartford, Conn.; E. D. Morgan, Albany, N. Y.; Charles S. Olden, Trenton, N. J.; Andrew G. Curtin, Harrisburg, Pa.; William Burton, Dover, Del.; D. Tod, Columbus, Ohio; O. P. Morton, Indianapolis, Ind.; Richard Yates, Springfield, ill.; Samuel J. Kirkwood, Davenport, Iowa; Alexander Ramsey, Saint Paul, Minn.; Austin Blair, Lansing, Mich., and Ed. Salomon, Madison, Wis.)

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WAR DEPARTMENT, Washington City, D. C., May 30, 1862.

Governor YATES, Springfield, Ill.:

The Paymaster-General will order the troops to be paid as you request. Yesterday I answered your telegram as follows, in substance:

The President first directed three-months’ men and militia to be received. Upon reconsideration he limited the call to volunteers for three years or during the war, and to such actual existing military organizations as were armed and equipped and ready for immediate service. The latter would be received for three-months’ service, and volunteers for three months to guard prisoners would also be received.

On inquiry the telegram appears to have been directed to Chicago instead of Springfield. Please acknowledge this and favor me with any suggestions you may have.

EDWIN M. STANTON, Secretary of War.

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SPRINGFIELD, ILL., May 30, 1862.

Hon. EDWIN M. STANTON, Washington, D. C.:

Your dispatch is satisfactory, except I desire to know how many men Illinois shall raise for the three-years’ service. Shall I receive all who offer?

RICHARD YATES, Governor.

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WAR DEPARTMENT, Washington City, D. C., May 30, 1862.

Governor YATES, Springfield, Ill.:

We will receive all the three-years’ men you can raise.

EDWIN M. STANTON, Secretary of War.

{p.100}

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INDIANAPOLIS, May 30, 1862.

Hon. EDWIN M. STANTON, Washington, D. C.:

Your order by telegraph received, but not clearly understood. See my telegram of yesterday. No volunteers have been called for three months except to guard prisoners. Twelfth and Sixteenth Regiments are reorganizing; will call for three additional regiments if you so order. Please instruct if you desire, viz, to raise our quota of three-months’ volunteers, and also three additional regiments for during the war. I await answer. Governor Morton in New York on important business. Will visit Washington City soon.

LAZ. NOBLE, Adjutant-General.

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BOSTON, May 30, 1862.

Hon. E. M. STANTON:

The order Tuesday night telegraphed me was to release the militia and take only three-years’ volunteers. Militia companies were unwilling to enlist, because liable by law of last year to same indefinite period. If President had telegraphed that after three-months’ service he would release them, they would have been satisfied. There are no three-months’ men under existing Congressional enactments. President may accept volunteers, however, for not less than six months. About four regiments of militia were released and sent home on Wednesday morning. We are trying to raise three regiments for three years, as you ordered. Six full companies marched on Monday from Fort Warren; remaining four companies full this week, I hope. Enlisting one battery for six months. I will try to do anything, but the recruitment imperatively demands the old bounty of $2 head to pay agents, and one month’s advance to troops.

JOHN A. ANDREW.

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WAR DEPARTMENT, Washington City, D. C., May 30, 1862.

Governor TOD:

The newspapers report that your stirring appeal has produced quite a patriotic feeling and causing rapid enlistments. I hope you will send them on as rapidly as possible. They may be sent in companies as fast as organized and placed in a school of instruction here, and the regiments organized when sufficient number of companies arrive. If you have taken any three-months’ men, they will of course be accepted so far as you have engaged. Corinth was evacuated last night.

EDWIN M. STANTON, Secretary of War.

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COLUMBUS, OHIO, May 30, 1862.

Hon. E. M. STANTON, Washington, D. C.:

The service requires a commissary at this place. I have been compelled to act as such, using my contingent fund. The gallant boys of Ohio are responding handsomely to your call. Will commence sending companies to you early next week. The offers thus far are mainly {p.101} for three months. I think I can raise five regiments of three-years’ men within sixty days. Shall I attempt it?

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington, D. C., May 30, 1862.

Governor TOD, Columbus, Ohio:

I will send you a commissary immediately. Raise the five regiments of three-years’ men as soon as you can. We want to finish this war at once. I telegraphed you this morning that Corinth was evacuated.

EDWIN M. STANTON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, May 31, 1862.

Hon. AUSTIN BLAIR, Governor of Michigan, Detroit, Mich.:

SIR: I am directed by the Secretary of War to inform you that you are hereby authorized to raise one regiment of cavalry, to serve for three years or during the war. I am also directed to say that you will, if possible, have them ready by the 4th day of July next.

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., May 31, 1862.

Governor MORGAN, Albany, N. Y.:

Please report the state of your enlistments.

EDWIN M. STANTON, Secretary of War.

(Same to Governor Tod, Columbus, Ohio.)

–––

COLUMBUS, OHIO, May 31, 1862. (Received 10.40 a.m. June 1.)

Hon. EDWIN M. STANTON, Secretary of War:

About 1,600 volunteers now in camp. Shall have 6,000 by 10th of June.

DAVID TOD, Governor.

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BRATTLEBOROUGH, VT., May 31, 1862.

Hon. E. M. STANTON, Secretary of War:

Your telegram, by order [of the] President, says: “Under call for three-years’ volunteers 60,000 will be accepted as raised and reported {p.102} by State Governors.” I supposed considerably larger number would be called for. Based plans and made proposals to you accordingly. While Vermont is not disposed to be nice in adjusting her equal proportion of troops to be raised for Government service, but will always do fully her part, yet two regiments now is so much above our proportion of 60,000 our people might not justify raising two, considering the State pays its soldiers $7 per month during war. In this view will one regiment answer purposes of Government? If so, outfit complete for one only need be sent. Answer immediately.

FREDK. HOLBROOK, Governor of Vermont.

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WAR DEPARTMENT, Washington City, D. C., May 31, 1862.

Governor HOLBROOK, Brattleborough, Vt.:

The Government will accept all the troops that can be raised without regard to State proportions, provided they be ready to be mustered into service within a reasonable time. If you can raise but one regiment that will be sufficient, as others will raise more than their quota.

EDWIN M. STANTON, Secretary of War.

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MILITARY RAILROADS, DIV. OF THE RAPPAHANNOCK, DEPT. OF CONSTRUCTION AND TRANSPORTATION, June 2, 1862.

GENERAL ORDERS.]

To whom it may concern:

1. All orders and instructions in regard to the movements of trains must be given by the superintendent or his local representatives, the dispatchers at stations.

2. No orders from any other source shall be obeyed if in conflict with instructions, unless they shall proceed from the commanding general, or from the chief of transportation, and in all such cases orders must be in writing, signed by Major-General McDowell or by Col. Edmund Schriver, the chief of his staff, in person, and not by any other party for them, or either of them.

3. If written instructions shall be received which are in conflict with the orders of the superintendent, the fact of such conflict shall, if possible, be reported to the party giving the order with the request, if insisted on, that he indorse upon it the words “I assume the responsibility,” and sign his name to it.

4. Such assumption of responsibility will not excuse the conductor or engineer if they fail to exercise due caution in running their trains upon such orders. No officer, no surgeon or assistant, no paymaster, quartermaster, or commissary, no person, civil or military, whatever his rank or position, shall have the right to detain a train or order it to run in advance of schedule time. If cars are not unloaded or trains made up when the hour of starting arrives, engines must proceed with parts of trains, or without trains, and all the facts in detail must be reported in writing by the conductor, to be laid before the chief of transportation or the commanding general of the department.

{p.103}

5. No extra trains or engines will be run upon the road except by orders of the superintendent, the chief of transportation, or the general in command of the department, through the local agent where the order may be given, and all extras must keep out of the way of trains running to schedule. When an extra is to be run the fact and the time of starting, as well as the time of departure from each telegraphic station, must be communicated to each station in advance, and the agent at each station thus notified shall post a notice conspicuously upon a bulletin board, and shall also notify conductors, engineers, and track repairers; but such notice shall not be so construed as to give the extra any right to the road on the line of schedule trains.

6. If schedule trains from any cause are behind time great caution must be exercised both by regulars and extras, and both must flag until they meet, when the senior officer, conductor, or agent, or, if all are equal, then the conductor of the train which contains supplies or troops, shall decide which train shall back, being influenced in his decision by the distance to the nearest siding, the character of the grades, and the condition and power of the engines, and he will be responsible for the judgment exercised in the decision.

7. Trains running at night must be supplied with headlights and two red lights in rear. Each train should also be supplied with two extra red lights, so that if it should be necessary from any cause to send to front or rear the stationary train lights need not be disturbed.

8. These lights must be kept upon the engine when not in use, and the engineer will be held responsible for them and for having them at all times in condition for service.

9. Conductors and agents must report severally and daily the time of arrival and departure at each station, and they must be careful to correct and compare time daily, allowing ten minutes for difference in watches when there is a possibility of meeting another train.

H. HAUPT, Aide-de-Camp, Colonel of Staff, Chief of Construction and Transportation, Department of the Rappahannock.

–––

WAR DEPARTMENT, Washington City, D. C., June 2, 1862.

Governor MORGAN, Albany, N. Y.:

Mr. Spinola, of Brooklyn, applied for leave to raise a brigade of volunteers, but as the Department will only act through the State Executives, he was referred to you. The President would be very much gratified if you would grant him the permission, and directs me to ask your consent. Please let me hear from you on the subject. The military news is very gratifying. McClellan fought a great battle yesterday with brilliant success. General Pope is chasing the rebels from Corinth with 60,000 men. Jackson has fled from the Shenandoah. We hope Frémont or McDowell may take him.

EDWIN M. STANTON, Secretary of War.

{p.104}

–––

ALBANY, June 2, 1862. (Received 10 a.m. 3d.)

Hon. EDWIN M. STANTON, Washington, D. C.:

Your dispatch of this date is received. I gave Senator Spinola authority this morning to raise a brigade. He returned to Brooklyn full in the faith that he could accomplish it. Every facility will be given him. Thanks to the President and Secretary of War for their observance of paragraph I, General Orders, No. 18. The service will be protected thereby. Our successes as detailed in your dispatch are most gratifying.

E. D. MORGAN, Governor.

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ALBANY, N. Y., June 2, 1862.

Hon. EDWIN M. STANTON, Washington, D. C.:

Referring to your telegram of May 31 to Governor Morgan, I am directed to say that permission to raise companies of three-years’ volunteers have been granted to the extent of seven regiments, with the certainty of more applications and a fair prospect of filling up those already granted rapidly.

THOS. HILLHOUSE, Adjutant-General of New York.

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WAR DEPARTMENT, Washington City, D. C., June 2, 1862.

Governor TOD, Columbus, Ohio:

The plan mentioned in your telegram was received and referred to the Adjutant-General for consideration, the subject being under his immediate charge. I shall always be thankful for any suggestion you can make as to the administration of this Department. The appearances now are that if recruits can be had rapidly enough to allow all the drilled force to be put into the field the war can be finished up in three months.

EDWIN M. STANTON, Secretary of War.

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COLUMBUS, June 2, 1862.

General C. P. BUCKINGHAM, Washington, D. C.:

DEAR GENERAL: As Secretary Stanton has no time to read speculative letters, let me make a suggestion, which you can name to him in your own way. In view of the possibility that may happen, it has occurred to me it might be well for the Government to have an organized force in Ohio of, say, three brigades of infantry, with a proportionate amount of artillery and cavalry (the last not so essential), to be used for defensive purposes in case the enemy shall advance in this direction by way of Cumberland Gap and the Kanawha, or otherwise, and to supply or be substituted for broken or exhausted regiments in the field. I do not apprehend any movement by the enemy {p.105} of the sort indicated, and yet, under circumstances not wholly impossible to happen, such an one might not be unmilitary or inconsequential. If made, it might disturb the movements of our main columns and hold in check a much larger number of our troops where needed. A like policy might be applicable to Indiana and Illinois. Such a force would greatly reassure the country in case of any serious disaster happening to our main armies in the field, and contribute largely to keeping up their strength by the fresh troops to be furnished by the proposed reserves, all of which would be well disciplined and effective. If it is thought better to send a portion of the force to Kentucky as a permanent reserve there, such a disposition can be made of it. Our policy has been to send all troops to the field for active duty, resulting from the necessities of the service. It seems to me the time has come when the organizations of some reserves in the Ohio Valley should be looked to. In case of disaster to our main columns there are political considerations that may make it proper to have a strong force in Kentucky and some in Ohio, Indiana, and Illinois.

Truly, yours,

W. DENNISON.

P. S.-My information as to the Union sentiment in Kentucky is not encouraging. I am satisfied a strong force would be needed there in case of a serious disaster to our troops east or west. Prompt attention should be given to such an exigency. Is not Cox in danger? He is beyond the reach of any immediate supporting force of which I am advised. He should be strengthened to enable him to seize and hold the Virginia and Tennessee Railroad at Newbern or some other proper point. With him cooped up, the Kanawha Valley is without defense.

W. D.

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BRATTLEBOROUGH, VT., June 2, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

In answer to your telegram of the 31st please allow me again to say that Vermont will not stand on State proportion in furnishing troops. We are vigorously recruiting our Ninth Regiment, and when full, or nearly so, will do our best to raise the Tenth Regiment within reasonable time if Government wants it.

F. HOLBROOK.

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WAR DEPARTMENT, Washington City, D. C., June 2, 1862.

Governor HOLBROOK, Brattleborough, Vt.:

Your telegram received. All the troops for three years that you may raise will be accepted. The news is cheering from Richmond. McClellan fought a great battle there yesterday with signal success. Halleck is pursuing the rebels, who are fleeing from Corinth. General Pope is after them with 60,000 men.

EDWIN M. STANTON, Secretary of War.

{p.106}

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WAR DEPARTMENT, Washington, D. C., June 3, 1862.

Hon. H. HAMLIN, President of the Senate:

SIR: In answer to the resolution of the Senate adopted on the 2d instant I have the honor to transmit herewith a copy of the letter of appointment constituting the Hon. Edward Stanly Military Governor of North Carolina, and also a copy of the instruction he received from this Department.* The appointment of the Hon. Andrew Johnson as Military Governor was the same in its terms as that to Mr. Stanly.

I have the honor to be, very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

* See Series I, Vol. IX, pp. 396, 397.

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SPRINGFIELD, June 3, 1862.

Hon. E. M. STANTON, Secretary of War:

We have raised three regiments for three-months’ service to guard prisoners and to relieve same number three-years’ troops ordered to field. Tenders for three years are being made in numbers, which encourage belief that the quota of Illinois will be rapidly made up. Offers for three-months’ service abundant. Do you desire me to organize some regiments for that period? If so, how many? Please answer soon.

RICHD. YATES, Governor.

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MADISON, WIS., June 3, 1862.

Hon. E. M. STANTON, Secretary of War:

For reasons in my letter to Adjutant-General Thomas of May 20, and because Captain Trowbridge to-day refuses in advance to audit and pay subsistence and recruiting bills unless I send the officers from all parts of the State to him at Milwaukee for instructions and authority, I again request that Maj. R. S. Smith, who is here where the regiment is to rendezvous, be directed to act as mustering officer. It is impossible to get along with Captain Trowbridge and his construction of instructions from Adjutant-General. Please answer by telegraph fully and immediately, as it is of the utmost importance. We cannot raise regiment in thirty days, and perhaps not [at] all unless U. S. officers co-operate with us.

E. SALOMON, Governor.

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GENERAL ORDERS No. 68.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 4, 1862.

The following act of Congress is published for the information and government of all concerned:

AN ACT to prevent and punish fraud on the part of officers intrusted with making of contracts for the Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the Secretary of War, of {p.107} the Secretary of the Navy, and of the Secretary of the Interior immediately after the passage of this act, to cause and require every contract made by them, severally, on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof, a copy of which shall be filed by the officer making and signing the said contract in the “Returns Office” of the Department of the Interior (hereinafter established for that purpose) as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, as also a copy of any advertisement he may have published inviting bids, offers, or proposals for the same; all the said copies and papers in relation to each contract to be attached together by a ribbon and seal, and numbered in regular order numerically, according to the number of papers composing the whole return.

SEC. 2. And be it further enacted, That it shall be the further duty of the said officer, before making his return according to the first section of this act, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: “I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with ___ ___; that I made the same fairly, without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said ___ ___, or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided.” And any officer convicted of falsely and corruptly swearing to such affidavit shall be subject to all the pains and penalties now by law indicted for willful and corrupt perjury.

SEC. 3. And be it further enacted, That any officer making contracts, as aforesaid, and failing or neglecting to make returns of the same, according to the provisions of this act, unless from unavoidable accident and not within his control, shall be deemed, in every case of such failure or neglect, to be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, and be imprisoned for not more than six months, at the discretion of the court trying the same.

SEC. 4. And be it further enacted, That it shall be the duty of the Secretary of the Interior, immediately after the passage of this act, to provide a fit and proper apartment in his Department to be called the “Returns Office,” within which to file the returns required by this act to be filed, and to appoint a clerk to attend to the same, who shall be entitled to an annual salary of twelve hundred dollars, and whose duty it shall be to file all returns made to said office, so that the same may be of easy access, filing all returns made by the same officer in the same place, and numbering them as they are made in numerical order. He shall also provide and keep an index book, with the names of the contracting parties, and the number of each and every contract opposite to the said names; and he shall submit the said index book and returns to any person desiring to inspect the same; and he shall also furnish copies of said returns to any person paying for said copies to said clerk at the rate of five cents for every one hundred words, to which said copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of said return; which return, so certified under the seal of the Department, shall be evidence in all prosecutions under this act.

SEC. 5. And be it further enacted, That it shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior immediately after the passage of this act, to furnish each and every officer severally appointed by them with authority to make contracts on behalf of the Government, with a printed letter of instructions, setting forth the duties of such officer under this act, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.

Approved June 2, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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SPRINGFIELD, ILL., June 4, 1862.

Hon. E. M. STANTON, Secretary of War:

The three regiments for three-months’ guard service are full. I have thus far failed to ascertain how many three-months’ men you {p.108} wish me to organize for General Government service, and hope you will not consider me troublesome or obtuse in requesting you to inform me immediately on that subject. Can raise a very large force in a short time for three-months’ service if you desire, but recruiting for three-years’ men will be much retarded if three-months’ men are still required.

RICHD. YATES, Governor of Illinois.

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WAR DEPARTMENT, Washington City, D. C., June 4, 1862.

Governor YATES, Springfield, Ill.:

The Department will accept three-months’ men who are organized and mustered in prior to the 10th of this month. But we prefer the three-years’ men and do not require you to do anything that would retard their enlistment. The difficulty in understanding the actual condition of things has arisen from a conflict of opinion here as to the policy of raising three-months’ men, which led to a compromise accepting only such three-months’ men as were required for guards or were ready to be mustered in by the 10th of June. I am always happy to make any explanation.

EDWIN M. STANTON, Secretary of War.

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GENERAL ORDERS No. 69.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 5, 1862.

A camp of instruction for 50,000 men-cavalry, artillery, and infantry, in due proportions-will be immediately formed near Annapolis, Md. Major-General Wool, U. S. Army, will command the camp in addition to his duties as department commander. The ground will be selected and the troops, which will be assembled as rapidly as possible under orders from the War Department, will be placed in position as they arrive. Brig. Gen. L. P. Graham is assigned to duty as chief of cavalry at the camp. Bvt. Brig. Gen. Harvey Brown as chief of artillery, according to his brevet. A chief of the infantry arm will hereafter be designated. The Chief of Ordnance, the Quartermaster-General, Commissary-General, Surgeon-General, and Paymaster-General will each designate an experienced regular officer as the chief of their respective departments at the camp. These officers will be subject to the orders of General Wool, and under his supervision will, without delay, establish a hospital and depots of all the supplies necessary for the health and efficiency of the troops at points where issues may be conveniently made. The long experience of the veteran officer assigned to command the camp will dictate the most efficient details for brigading, equipping, drilling, and disciplining the reserve corps d’armée to be thus formed under him. Chiefs of the different staff bureaus are hereby directed to aid him by promptly meeting his reasonable requisitions for the material of war.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.109}

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GENERAL ORDERS No. 60.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 6, 1862.

I. The volunteer recruiting service, discontinued by General Orders, No. 33, of April 3, 1862, is hereby restored according to the principles laid down in General Orders, Nos. 105, of 1861, and 3, of 1862. Invalid or disabled officers necessarily absent from their regiments will be detailed for this duty whenever they are able to perform it.

II. A large number of volunteers are absent from their regiments who are now fit for duty. To enable them to return, the Governors of States are authorized to give them certificates or passes which will entitle them to transportation to the station of the nearest U. S. mustering officer or quartermaster, who will pay the cost of transportation on such certificate or pass and provide transportation for the soldier to his regiment or station.

III. All captains of companies are hereby required to report quarterly to the Chief of Ordnance the kind of arms in use by their companies, their opinion of the suitableness of the arm, the general extent of service, and the number requiring repairs since the previous report.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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DEPARTMENT OF STATE, Washington, June 6, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

SIR: I have the honor to invite your attention to the inclosed copy* of a note of yesterday, addressed by this Department to Mr. Roest van Limburg, the Dutch minister accredited to this Government, relative to the conflict between the military authorities and the consulate of the Netherlands which recently occurred at New Orleans, and to request that such instructions may be given to the military authorities at New Orleans and others likely to be placed in similar circumstances as will insure an observance of the principles set forth in the paper communicated in regard to foreign consuls and residents.

I have the honor to be, your obedient servant,

WILLIAM H. SEWARD.

* See Seward to Van Limburg, June 5, p. 132.

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WASHINGTON, June 6, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

SIR: It is the request of Governor Morton, of Indiana, that I should hand you the inclosed. He expressed himself to me in terms of great anxiety about the request it contains. He considers the condition of the State of Kentucky at this time as being nearly, if not quite, as unsettled and dangerous as it hits been at any former period, and that there is serious danger of the carrying out of threats openly made in various parts of that State to burn some of the river towns of Indiana. He desires with these 5,000 arms to arm the militia of the border counties, those on the Ohio; and, as when the war began {p.110} the arms intended for the Indiana militia were all placed in the hands of volunteers mustered into service from that State, he has not the means of doing so. He is very desirous of obtaining good guns, as our Western men are excellent judges of rifles and know how to use them. If the Government has no good guns to spare I can make a contract with a responsible New York house for 5,000 first-class Enfields at $14.50, deliverable in forty days, provided the order be given immediately.

I am, sir, your obedient servant,

ROBERT DALE OWEN.

[Inclosure.]

Hon. E. M. STANTON, Secretary of War:

Will you please direct 5,000 arms, good guns, to be sent to Indiana at once? Hon. R. D. Owen will explain to you the reason of the demand.

O. P. MORTON, Governor of Indiana.

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WAR DEPARTMENT, Washington City, D. C., June 6, 1862.

GOVERNOR OF WISCONSIN, Madison, Wis.:

Maj. Charles H. Larrabee, of the Fifth Wisconsin, desires authority to raise a new regiment of volunteers. It is a rule of the Department to act only through the State Executives, but if you are willing to give such authority to the major it will be sanctioned by the Department very gladly, and he will be relieved of present duty for that purpose. Please answer immediately.

EDWIN M. STANTON, Secretary of War.

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EXECUTIVE DEPARTMENT, Madison, June 6, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

SIR: In answer to your dispatch of to-day concerning the raising of a new independent regiment by Maj. Charles H. Larrabee, I could not well by telegraph fully lay before you my views on that subject and therefore adopt this mode of communication. Under the recent call from the President the Twentieth Regiment of Infantry is now in process of organization in this State. Recruiting officers have been appointed and are now diligently at work. A colonel has been selected by me in the person of Lieutenant-Colonel Pinkney, of the Third Wisconsin, who is on his way hither, he having, as I have been informed, been mustered out of service in his regiment on accepting the position tendered him, although he will not be entitled to be mustered in as colonel of the Twentieth until after the new regiment is complete. Thus, until that time he will have to labor without pay and without rank, in fact, in the U. S. Army. When the Twentieth Regiment was called for I attempted to induce the Government to pay the recruiting officers from the time they should be engaged upon their labors, the same as is done in the organization of a new {p.111} regiment for the Regular Army, in order to have justice done to the officers, and also to leave me at liberty to appoint competent men as line officers, although they might not have been engaged in recruiting for the regiment. Government, however, refused to accede to my terms unless the regiments should be complete within thirty days. With this understanding and under this rule recruiting officers have been appointed by me for the new regiment, and they will strive to get the regiment complete within the time limited. Unless the Government should, therefore, deem it necessary to call for another regiment from our State, I should consider it unjust to the officers engaged in the organization of the Twentieth to authorize the raising of an independent regiment, which would of course have a tendency much to protract the completion of the Twentieth.

Our State has sent about 24,000 men into the field (more than its quota). By a former order recruiting was prohibited entirely and men turned their minds to other pursuits. Recruiting is not now so easy as it has heretofore been, although I am well convinced that if the Government should have occasion to call upon our State in a new emergency the patriotic men from Wisconsin would answer with the same alacrity they have heretofore evinced. In addition to the Twentieth Regiment, I expect every day the arrival of recruiting officers from our regiments in the Army of the Mississippi. General Halleck informed me some weeks ago that he should soon send such recruiting officers, his regiments having been much decimated by sickness and other causes. It seems to me that it would be better policy to fill up those regiments before undertaking the organization of a new and independent one.

By the laws of our State the family of every soldier dependent upon him receives a bounty of $5 per month, but this by an act of the Legislature last winter was limited to the regiments then in process of organization or already in the field. The Legislature is now here assembled in an adjourned session on some special matters. I have appealed to them to extend this State bounty to the Twentieth Regiment, and am in hopes they will do so. This extra pay is a very heavy burden to our State, and I am well convinced, should I authorize the organization of a new and independent regiment without a call for it from the Government, the Legislature would adhere to the law of last winter and refuse to extend it. Without such an extension, however, the recruiting of the Twentieth or any new regiment would be extremely difficult.

Permit me in conclusion to add, that from the experience we have had in the organization of an independent regiment, the Nineteenth Infantry, I am opposed to that mode of raising troops. The Executive is held and considered responsible for the appointment of officers of such a regiment to the same extent as for others, and yet he is not as much at liberty to select the persons as the colonel who has the responsibility of raising the regiment ought in a measure to be entitled to dictate the other appointments. Much trouble has arisen from the organization of the Nineteenth (independent) Regiment, and I would therefore prefer to have that mode of organizing regiments cease in our State. This must not be understood as any disparagement on my part of Maj. Charles H. Larrabee, but simply an opposition to the system, and I hope that my reasons will appear satisfactory to you.

With great respect, your obedient servant,

EDWARD SALOMON.

{p.112}

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GENERAL ORDERS, No. 61.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 7, 1862.

The great number of officers absent from their regiments without sufficient cause is a serious evil, which calls for immediate correction. By paragraph 177, General Regulations, the power of commanding officers to grant leaves of absence is limited to a “time of peace.” In time of war leaves of absence will only be granted by the Secretary of War, except when the certificate of a medical officer shall show, beyond doubt, that a change of location “is necessary to save life or prevent permanent disability.” (Paragraph 186, General Regulations.) In such case the commander of an army, a department, or district may grant not exceeding twenty days. At the expiration of that time if the officer be not able to travel he must make application to the Adjutant-General of the Army for an extension, accompanied by the certificate of a medical officer of the army, in the usual form, and that he is not able to travel. If it be not practicable to procure such a certificate, in consequence of there being no army physician in the place where the officer resides, the certificate of a citizen physician, attested by a civil magistrate, may be substituted.

All officers of the regulars and volunteers, except those on parole, now absent from duty with leave will be considered “absent without leave” (paragraph 1326, General Regulations), unless they are found at their posts within fifteen days from the date of this order, or are authorized by orders from the Adjutant-General to be absent, which orders will in all cases be based on a certificate as above described, and must be exhibited to the paymaster before payment is made them.

All invalid and wounded officers who are able to travel, although their disability may not have been removed (paragraph 187, General Regulations), will repair, without delay-those from the East to Annapolis, to report to the general commanding the Camp of Instruction; those from the West, to report to the commanding officer of Camp Chase, Ohio. At those points they will remain until able to proceed to their regiments, or until an examining board may decide adversely on their ability to return to duty within a reasonable time, and orders may be given by the President for their discharge.

Their Excellencies the Governors of States are requested to make known this order and to contribute to its execution as may be in their power. Mustering and recruiting officers are directed to do the same. Extra copies of the order will be furnished them for distribution.

Failure to comply with the above regulations will be reported to the Adjutant-General by regimental commanders.

By order of the Secretary of War

L. THOMAS, Adjutant-General.

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ORDNANCE OFFICE, June 7, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have been informed by Mr. Hartley, of the firm of Schuyler, Hartley & Graham, and I consider the information reliable, that there are considerable quantities of good Enfield rifle muskets at Nassau, New Providence, which have been shipped to that place for the purpose of running them into some Southern ports for sale there. In consequence of the difficulty and very great risk incurred in effecting this, it is probable that the owners of these arms would dispose of them where they are at a low price, It occurs to me that under the {p.113} circumstances, as before stated, it may be advisable for the Government to send out an agent to look after this matter. If so, he should be a reliable, shrewd business man, to be specially selected by yourself. His instructions and his mission should be secret, and known to as few as possible, so as to avoid the competition he would otherwise find in making his purchases. I would suggest that he be restricted to the purchase of a limited number of Enfield rifle muskets of first quality, and at the lowest price practicable. Since your order of the 27th ultimo authorizing the purchase by our agent in New York of 50,000 Enfield rifle muskets at a price not exceeding $15 each, in bond, the purchases have amounted to about 10,000 arms, and I am informed by the purchasing officer that he anticipates the receipt of other parcels at the limited price to the extent of about 2,000 arms only in addition, most owners holding out for $17. I understand also that there are considerable quantities of gunpowder at Nassau, shipped there with the design of supplying the enemy. Although we are not, and shall not possibly be, in want of more gunpowder than our own factories can supply, it may be deemed expedient to instruct the agent in regard to purchasing powder also, for the purpose of preventing its delivery to the enemy. It will be advisable, in case the agent is sent out, to make arrangements for supplying him the means of making payment in cash, or its equivalent, for such purchases as he may make.

The foregoing suggestions are submitted as worthy of consideration, and even if the measure proposed should not result in effecting the anticipated objects, it is an experiment which will be attended with but little expense. Moreover, if the fact of an agent having been sent out to purchase should accidentally become public it will probably have the good effect of inducing the holders of Enfield arms in New York to come down to the price at which the purchases are limited.

The number now on hand of good rifled arms, both American and foreign, for issue to troops in service is about 94,000. The number of such arms which are required to be delivered under existing contracts and orders in the next six months are 138,981 of the Springfield pattern and 25,000 foreign, in all 163,981, of which the deliveries are not certain and cannot be relied on. The U. S. armory at Springfield may be relied on for a supply during the six months of at least 80,000, and probably 90,000 arms. This makes in all, as a supply for the six months, which may be confidently calculated on, 174,000, of which there will be ready for issue in this month 107,000; in July, 1862, 13,000; in August, 13,000; in September, 13,500; in October, 13,500; in November, 14,000-174,000. What may be our requirements during this time will depend very much on contingencies that I cannot foresee. I am therefore unable to decide whether the reliable supplies will be sufficient, or whether it will be more prudent to take measures at this time to increase them, and thus be prepared to meet any emergency that may arise.

Very respectfully, your obedient servant,

JAS. W. RIPLEY, Brigadier-General and Chief of Ordnance.

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EXECUTIVE DEPARTMENT, Boston, Mass., June 7, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: We have a company of hunters and practical marksmen, recruited among the mountainous districts of Western Massachusetts {p.114} with great care and with special reference to sharpshooting. They endeavored to get into the service in December, but were unable, owing to the order to cease recruiting. They are very anxious to be accepted now as sharpshooters and be armed with target rifles. They would be very effective. Will you accept them, either in the line or as a flanking company, and sanction the arming of them with target rifles at a cost not to exceed $26 each?

With great respect, your obedient servant,

JOHN A. ANDREW.

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ADJUTANT-GENERAL’S OFFICE, Washington, June 9, 1862.

GOVERNOR OF MISSOURI, Saint Louis:

The Secretary of War desires to know immediately the state of your enlistments. When will your regiments be ready? When will they be ready to march to Annapolis?

L. THOMAS, Adjutant-General.

(Same to the Governors of Maryland, Annapolis; Virginia, Wheeling; Michigan, Lansing; Iowa, Des Moines; Maine, Augusta; New Jersey, Trenton; Vermont, Montpelier; Indiana, Indianapolis; New Hampshire, Concord; Massachusetts, Boston; Connecticut, New Haven; Rhode Island, Providence; New York, Albany; Pennsylvania, Harrisburg; Delaware, Dover; Wisconsin, Madison; Kentucky, Frankfort, and Minnesota, Saint Paul.)

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPT., Boston, Mass., June 9, 1862.

Hon. E. M. STANTON, Secretary of War:

MY DEAR SIR: In raising a battalion of six companies for Fort Warren I beg to remark that it will be easier to raise a regiment, since we can have the assistance of a prospective colonel and lieutenant-colonel and the staff of a regiment, while the battalion has only a major; and besides, if we have a regiment it will be always ready to march in a body as such on call. Moreover, if the whole regiment is not needed at Fort Warren one wing of it can be ordered, under the colonel, on active duty and the other wing remain at the fort. Acting, therefore, under the authority of your telegraphic order to raise the old battalion to a regiment, and upon the intimation that you wished for three more three-years’ regiments from Massachusetts, I am actively as possible engaged in raising the companies to recruit the four companies needed to complete the Thirty-second Regiment (old Fort Warren battalion), and also two more regiments (Thirty-third and Thirty-fourth) to follow that to the field, and am raising companies for a thirty-fifth regiment, to be used in whole or in part at Fort Warren, as you shall order. The militia (cadets) needing to be relieved whenever it may be practicable, I ask authority for the transfer of Lieut. Col. George D. Wells, of First Massachusetts, to the colonelcy of the Thirty-fourth (now forming) as soon as the regiment can receive a colonel. I ask also leave to appoint Lieut. Col. {p.115} A. C. Maggi (who held with high honor and resigned that place in the Twenty-first) to the colonelcy of the Thirty-third, notwithstanding his resignation of a former appointment. Both these gentlemen are remarkable soldiers.

I am always, yours, respectfully and faithfully,

JOHN A. ANDREW.

[First indorsement.]

JUNE 11, 1862.

Referred to the Adjutant-General for immediate report.

STANTON.

[Second indorsement.]

ADJUTANT-GENERAL’S OFFICE, June 17, 1862.

Respectfully returned to the Honorable Secretary of War with the recommendation that the Governor of Massachusetts be authorized to raise this regiment of infantry for service at Fort Warren. Permission has been granted him to recommission the within-named Colonel Maggi and transfer Lieutenant-Colonel Wells from the First to the Thirty-fourth Massachusetts Volunteers.

L. THOMAS, Adjutant-General.

[Third indorsement.]

Approved.

E. M. STANTON.

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COLUMBUS, OHIO, June 9, 1862.

Hon. E. M. STANTON, Secretary of War:

The Eighty-fourth Regiment-the best body of undrilled men that has yet been raised in Ohio-will leave for Cumberland on Wednesday morning at 8 o’clock. Have invited Col. George W. McCook to lead them. Will have another regiment ready for the field by Friday and another by Sunday. Shall organize a regiment for service in the State to-morrow. All these regiments are made up of the best young men in the State.

DAVID TOD, Governor.

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DEPARTMENT OF STATE, Washington, June 10, 1862.

REVERDY JOHNSON, Esq.:

SIR: You are aware that complaints have been made of recent proceedings of Major-General Butler, at New Orleans, in reference to foreign consuls, and particularly the consul of the Netherlands there. It being desirable to have the complaints investigated by a commissioner of high character and acknowledged ability, the President has selected you for the purpose. You will receive herewith a copy of all the papers on the subject in this Department, including memoranda of conversations between Lord Lyons and myself. Mr. Mercier and myself, and correspondence between Mr. Roest Van Limburg, the minister of the Netherlands, and this Department. You will proceed to New Orleans by the earliest opportunity and will lose no {p.116} time in making your inquiries, which should be as thorough and impartial as circumstances may permit.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure No. 1.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 16, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: Since my dispatch of May 8* I received information that a large amount of specie was concealed in the liquor store of one Am. Couturie, who claims to be consul for the Netherlands. Upon applying to him, he denied all knowledge of it; claimed all the property there as his own. Upon examination, however, there was discovered to be $800,000 in Mexican coin bearing the mark of the Citizens’ Bank of New Orleans, the specie capital of which had been eloigned before the occupation of the city. Of this I took possession. This money was immediately claimed by Hope & Co., of Amsterdam. A copy of the claim of the agent is herewith transmitted, marked A. But the whole transaction seems to be tinctured with bad faith, as the steel dies and plates of the bank were found in a box amongst this very specie, which is said to have been paid to Hope & Co. before it was due, while the bank was refusing to redeem their bills at home in coin. I hold the specie subject to the orders of the Department. I send also copies of the correspondence between the consul of the Netherlands and myself, and also of the other consuls, upon the same subject, marked B, C, D, E, F, [G].

Indeed, the claims of these consular gentlemen are most extravagant. Men who have lived here all their lives now claim perfect immunity from the ordinary laws of war for themselves and all property which they can cover, although they have been in arms against the United States. Many of these pretensions are too absurd to be for a moment entertained. Amongst other things it is claimed that the consulate flag and consulate have all and more than all of the privileges accorded to residence of a minister plenipotentiary and envoy extraordinary by the laws of nations.

Almost all property, therefore, useful to the United States which has not been burned or carried off will be found to be held here by persons who have lived in Louisiana all their lives, but now claim to be foreigners. Every schooner and fishing smack that cannot venture out of the river raises a foreign flag. All wood for steamers for miles up the river has been burnt, except isolated yards, and in one instance the owner refused to sell one of my boats any wood, and when the officer went to take it hoisted the French flag over it. The steamer wooded up, however.

May I ask direction of the Department on this subject? I call attention in this communication to the correspondence between a person claiming to be acting British consul here and myself relative to the British Guard, the military organization that sent their arms and equipments to General Beauregard after the city was taken. The whole facts are set forth in that correspondence, marked H. I have neither doubt nor hesitation in regard to my action in the premises.

{p.117}

Immediately upon my seizure of the money of the Citizens’ Bank I had an interview with the representatives of all the banks of New Orleans. On the approach of the fleet these organizations had sent away and concealed their specie. The letters marked K will explain what has been done. They are now very anxious to get their money back again, are straining every nerve to do so in the best of faith, and are asking me to actively aid them, which I am doing. I thought it much better that ten or twelve millions of specie should be brought within our lines, under our protection and control, than to be left in the Confederate States as a military chest for the rebels. My fear is that a large portion of the money is lost, as it may never be allowed to return.

You will observe that in the letter to the banks, marked K, I have not pledged myself not to “retake” from them the property of the United States. I refer to the specie originally stolen from the mint and treasury here and paid into banks by the secession authorities. I would desire to know these amounts from the bureaus at Washington. I propose the banks shall pay back the amounts so received. When I have traced stolen property to the receiver I have done my duty. The sureties of the several U. S. officers who made these defalcations then are still here, and by prompt action their property may be seized and their indebtment secured.

Will copies of the bonds be sent?**

...

I have the honor to be, very respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

* See Series I, Vol. VI, p. 506.

** Portion of letter here omitted relates more particularly to military operations, and is printed in Series I, Vol. XV, pp. 422-424.

[Sub-inclosures.]

A.

NEW ORLEANS, May 11, 1862.

Major-General BUTLER, U. S. Army, Commanding Department of the Gulf:

SIR: I take the liberty respectfully to submit to you the following facts:

On the 1st of April last I presented for record in the books of the consul of the Pays-Bas, Am. Couturie, esq., the following resolutions of the Citizens’ Bank of Louisiana, bearing date 25th of February last, placing in my hands for the purposes therein stipulated the sum of $800,000 in Mexican dollars, as agent of Messrs. Hope & Co., of Amsterdam:

James D. Denegre, president; Eugene Rousseau, cashier.

CITIZENS’ BANK OF LOUISIANA, New Orleans, February 25, 1862.

Extract from the journal of proceedings of the board of directors of the Citizens’ Bank of Louisiana at their sitting of 24th of February, 1862.

“Whereas the present rate of exchange on Europe would entail a ruinous loss on this bank for such sums as are due semi-annually in Amsterdam for the interest on the State bonds:

“Be it therefore resolved, That the president be, and he is hereby, authorized to make a special deposit of $800,000 in Mexican dollars in the hands of Messrs. Hope & Co., of Amsterdam, Holland, agents of the bondholders in Europe, through their authorized agent, Edmund J. Forstall, esq., for the purpose of providing for the interest on said bonds.

{p.118}

“Be it further resolved, That such portions of the above sum as may be required from time to time to pay the interest accruing on the State bonds shall be so applied by Messrs. Hope & Co.: Provided, however, That the bank shall have the option of redeeming an equivalent amount in coin by approved sterling exchange to the satisfaction of the agent of Messrs. Hope & Co.: And provided further, That in the event of the blockade of this port not being raised in time to allow of the shipment of said coin, then the said Edmund J. Forstall will arrange with Messrs. Hope & Co. for the necessary advances to protect the credit of the State and of the bank until such time as the coin can go forward to liquidate said debt; but no commission shall be allowed for such shipment of coin or any other expenses except those actually incurred, and on the resumption of specie payment by this bank this trust to cease and the balance of coin to be returned to the bank.”

On the 12th of April, as agent of Messrs. Hope & Co., and with a view to their better security in such times of excitement, I deemed it my duty to withdraw the said sum of $800,000, already marked and prepared for shipment, say 160 kegs, Hope & Co., containing $5,000 each, and to place the same under the protection of the consul of the Netherlands, Am. Couturie, esq., for which I hold his receipt as follows:

CONSULATE NETHERLANDS, New Orleans, April 15, 1862.

Received on deposit from Mr. Edmund J. Forstall, agent in this city of Messrs. Hope & Co., of Amsterdam, 160 barrels, marked H. & C., and containing each $5,000, total 800,000 Mexican dollars. The said barrels are deposited in the vaults of the Netherlands consulate, 109 Canal street.

AM. COUTURIE, Consul Netherlands.

I also placed in the hands of the said consul on the same day ten bonds of the New Orleans City for $1,000 each, and eight bonds of the city of Mobile, for which he gave me the following receipt:

NEW ORLEANS, April 15, 1862.

Received on deposit from Mr. Edmund J. Forstall, agent in this city of Messrs. Hope & Co., of Amsterdam, ten consolidated bonds debt of New Orleans of $1,000 each, eight bonds of the city of Mobile of $1,000 each, which bonds were placed in my hands to the account of Messrs. Hope & Co., Amsterdam.

AM. COUTURIE, Consul Netherlands.

On the first reliable opportunity offering of communicating with Messrs. Hope & Co., which was on 1st of April last, I wrote them as follows:

The Citizens’ Bank and Consolidated Association, unlike our other banks, being based on foreign capital, I have thought it my duty to interfere in behalf of the bondholders you represent in order to secure as much of the cash assets of the institution in question as needed punctually to meet running interests in Europe until communications are again opened. For this special purpose the Citizens’ Bank has placed in my hands $800,000 in Mexican dollars under the following resolutions. (Same as before transcribed.) This document has been registered as follows:

“Seen and registered in the journal at the consulate under the heading of Order 1, New Orleans, April 1, 1862.

“AM. COUTURIE, “Consul of the Netherlands.”

For the protection of French property in case of need, the French consul has taken a fireproof building formerly occupied by the Canal Bank with vaults for coin, &c. The French consul has consented to receive for safe-keeping under the protection of your consul the above amount of $800,000 of Mexican dollars. I am also depositing there ten New Orleans City bonds and eight city of Mobile bonds belonging to you. I am doing the same with the bonds belonging to Messrs. Baring Bros. & Co., under the protection of the British consul.

The French consul having subsequently declined receiving the above specie, Mr. Am. Couturie used his own vaults in Canal street.

I hold the power of attorney of Messrs. Hope & Co., covering my whole intervention in this matter; also the originals of all the documents before transcribed, which I am ready to exhibit if desired. I {p.119} may be permitted here to remark that so far back as the middle of February last I called the attention of both the Citizens’ Bank and Consolidated Association to the propriety of securing against all contingencies, and, so far as they were able, the bondholders represented by Messrs. Hope & Co. and Baring Bros. & Co., who had supplied them with their banking capital.

Under these circumstances I deem it my duty to claim in behalf of Messrs. Hope & Co., of Amsterdam, the above sum of $800,000, say 160 kegs, marked H. & Co., containing each $5,000, which, I am informed, has been forcibly taken out of the possession of the consul of Holland, Am. Couturie, esq., and I trust that on a consideration of facts no doubt unknown to you you will see the justice of ordering said money to be returned to me that I may ship same to Europe in accordance with my contract with the Citizens’ Bank so soon as I may be permitted to do so.

I am, very respectfully, your obedient servant,

EDM. J. FORSTALL.

B.

NEW ORLEANS, Saturday, May 10, 1862-9 p.m.

Maj. Gen. B. F. BUTLER, U. S. Army, Commanding Department of the Gulf, New Orleans:

SIR: Herewith inclosed I have the honor to transmit to you a statement of facts which transpired in my consular office during the afternoon of this day, duplicates of which statement I am about to transmit to the minister of my Government, accredited at Washington, and also to the minister of foreign affairs at The Hague. I desire to know whether the acts recited in said statement were performed with your sanction or by your orders. Your answer, or a faithful copy thereof, shall accompany my messages to my ministers and Government.

I have the honor to be, respectfully, your obedient servant,

AM. COUTURIE, Consul of the Netherlands.

C.

Statement of facts.

On this day, the 10th of April, 1862, and at the hour of five minutes to 2 o’clock p.m., I, being in my consular office, No. 109 Canal street, was called upon by an officer wearing the uniform and arms of a captain of the U. S. Army, accompanied by a squad of six or eight men under his command.

The captain informed me that he came to prevent the exit of any person or property from the premises.

I said that I was consul of the Netherlands; that this was the office of my consulate, and that I protested against any such violation of same. I then wrote a note to Comte Mejan, consul of France, in this city, requesting him to come to me for consultation.

This note was handed to the officer, whose name I then learned to be Captain Shipley, who promised to send it after taking it to headquarters.

Captain Shipley returned and stated to me that by order of Major-General Butler my note would not be sent to Consul Mejan, and that he, the captain, would proceed forthwith to search the premises. Captain Shipley then demanded of me the keys of my vault. These I refused to deliver. He remarked that he would have to force open the doors, and I told him that in regard to that he could do what he {p.120} pleased. For the second time I again protested against the violation of the consular office to Captain Shipley, who then went out. Before he left I distinctly put the question to him, “Sir, am I to understand that my consular office is taken possession of and myself am arrested by you, and that, too, by the order of Major-General Butler?” He replied, “Yes, sir.” During Captain Shipley’s absence another officer remained in the office and a special sentinel was put on guard in the room where I then kept myself. The name of this second officer was Lieutenant Whitcomb, as he informed me. Captain Shipley returned and was followed by another officer, whose name I could not ascertain, but from appearances ranking him.

This officer approached me, and in a passionate, insulting tone, contrasting singularly with the gentlemanly deportment of both Captain Shipley and Lieutenant Whitcomb, made the same demand for the keys as had been made by Captain Shipley, and I made the same refusal, protesting against the act, as I had done before. He then gave orders to search the office and break open, if need be, the doors of the vault.

I then arose and said:

I, Amedée Couturie, consul of the Netherlands, protest against any occupation or search of my office; and this I do in the name of my Government. The name of my consulate is over the door, and my flag floats over my head. If I cede, it is to force alone.

Search being begun in the office by the officer, I told him that the keys were on my person. He then in a more than rough tone ordered two of the soldiers to search my person, using the following among other expressions: “Search the fellow,” “strip him,” “take off his coat, stockings,” “search even the soles of his shoes.” I remarked to the officer that the appellation “fellow” that he gave me was never applied to a gentleman, far less to a foreign consul in his consular capacity, as I was then, and that I requested him to remember that he had said the word. He replied it was the name he had given me, and he repeated over the name three times.

Both Captain Shipley and Lieutenant Whitcomb then stepped forward. The latter was the first to take two keys out of my coat pocket. The former took the key of my vault from the right pocket of my pantaloons. Of the keys taken by Lieutenant Whitcomb there was one opening my place of business, which had nothing to do with my place consulate and is situated in a different part of the city. I claimed it, but was told by the commanding officer that he would keep it for the present, but might let me have it to-morrow.

I must here state that when Captain Shipley told me that my letter to the consul of France would not be sent I remarked that I had forwarded another message to the consul and was expecting him every moment, and that if he, the captain, would delay action until I had seen the consul of France something good might come out of my consultation. Captain Shipley replied that he could not delay action, and that the order of General Butler was to go on with the work he was charged with.

The superior officer then took the keys, opened the vault, and in company of Captain Shipley and Lieutenant Whitcomb entered the same. What they did there I was unable to see, as I kept myself in the same place and in the same chair where I had been searched.

After searching for some time said officer retired, leaving the vault open, Captain Shipley and Lieutenant Whitcomb remaining with their men. Two other officers that I had not seen before came in and joined them for some time.

{p.121}

After an absence of about three-quarters of an hour the officer in question returned, and in the presence of the other officers closed and locked the vault, taking the keys along with him. I then remarked to him that the key of my store was among those that had been taken away from my person, and I wished to have it. The same officer then asked me whether my store contained any goods or property belonging to the Confederates, to which inquiry I answered in the negative. The same officer made use of the following language at the time: “You have placed yourself in a bad position, and shall be treated without any consideration.” He retired after that. It was then about 4 p.m.

I then continued to be a prisoner under the charge of Captain Shipley and a guard of armed soldiers placed inside and outside of my office until about 7 p.m., when Captain Shipley, having communicated with another officer who came in the consular office, approached me and said: “You are now at liberty to go wherever you please, sir.” I said: “I am at liberty to go wherever I please?” He answered:

“Yes, sir” I then remarked: “And it is by verbal communication that I am informed of the fact?” He replied: “The same as you were arrested.” I then rose, and before leaving my office made the following remark to Captain Shipley: “You have taken possession of this office, I leave everything in your charge.” To this he replied: “I will take care of it.” Whereupon I left my office, and a short time after I took down my consular flag.

AM. COUTURIE, Consul of the Netherlands.

D.

NEW ORLEANS, May 12, 1862.

Maj. Gen. B. F. BUTLER, U. S. Army, Commanding the Department of the Gulf:

GENERAL: It having come to the knowledge of the undersigned that the consulate of His Majesty the King of Netherlands in this city has been forcibly entered by your order by some persons in the uniform of soldiers in the service of the United States Government, the person of the consul subjected to indignity and severe ill-usage and kept prisoner for several hours, it becomes the duty of the undersigned, in view of treaties now existing between the Governments which we represent and that of the United States, to formally protest against such action and against any act authorized by you or any authority of the United States that may be in contravention of such treaties.

We have the honor to be, general, your most obedient servants,

Cte. Mejan, Le Consul de France; Juan Callejon, Consul de España; Jos. Deynoodt, Consul de Belgique; J. H. Eimer, Consul of Austria; A. F. Valls, Vice-Consul of Brazil; R. Iken, Acting Bremen Consul; Rd. Murphy, Acting Consul, Sweden and Norway; H. Klumpp, Acting Consul of Wurtemburg; Henry Frellsen, Consul of Denmark; B. Teryaghi, Vice-Consul of Italy; George Coppell, Her Britannic Majesty’s Acting-Consul; J. Kruttschnitt, Acting Consul for Prussia and Hanover; F. W. Freudenthal, Consul of Nassau and Brunswick; N. M. Benachi, Greek Consul; C. Kock, Consul of the City of Hamburg; A. J. Da Silva, Vice-Consul de Portugal; Otto Pressprich, Consul of Russia; Al. Piaget, Consul of Switzerland,

{p.122}

E.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 12, 1862.

MESSRS.:* I have the protest which you have thought it proper to make in regard to the action of my officers toward the consul of the Netherlands, which action I approve and sustain. I am grieved that without investigation of the facts you, Messrs., should have thought it your duties to take action on the matter. The fact will appear to be, and easily to be demonstrated at the proper time, that the flag of the Netherlands was made to cover and conceal property of an incorporated company of Louisiana, secreted under it from the operation of the laws of the United States. That the supposed fact that the consul had under the flag only the property of Hope & Co., citizens of the Netherlands, is untrue. He had other property which could not by law be his property or the property of Hope & Co.; of this I have abundant proof in my own hands. No person can exceed me in the respect I shall pay to the flags of all nations, and to the consular authority, even while I do not recognize many claims made under them, but I wish to have it most distinctly understood that in order to be respected the consul, his office, and the use of his flag must each and all be respected.

Very respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

* The signers of the paper next, ante.

F.

NEW ORLEANS, May 16, 1862.

Maj. Gen. B. F. BUTLER, U. S. Army, Commanding Department of the Gulf, at New Orleans:

SIR: Your official communication of the 14th instant I have received, and transmitted literal copies thereof to my Government through the usual channels.

In reading it I cannot but think that you have misunderstood the communication which I had the honor of addressing you on the 10th instant, and to which it purports to be an answer.

My communication recited a series of outrages upon my person, the dignity of consulate office, and of the flag of the Government which I have the honor of representing in this city; and informed you that as those acts would be brought to the knowledge of my Government I desired to know whether they were performed with your sanction or by your order. It has pleased you to say that so far as you can judge I have merited the treatment I have received, even if a little rough. I am therefore to infer that the acts brought to your notice received your sanction.

I shall leave it with my Government to direct my future course in consequence of those acts and to pronounce the use which I have made of my consular flag, and in the meanwhile I have to inform you that I have placed the interests of the subjects of His Majesty the King of the Netherlands, heretofore in my charge, under the charge and keeping of the consul of His Majesty the Emperor of the French in New Orleans. But I must be permitted, referring to my only intercourse with your subordinate and with yourself, to {p.123} insist upon the fact that none of the property covered by my consular flag was claimed by me as my private property, and that I have never admitted anything in reference thereto.

You will find herewith inclosed a copy of an additional statement of facts, subsequent to my first communication, which statement has also been transmitted to my Government. You will perceive that the property which was removed from my consular office by the armed forces under your command, except the title papers and other objects specified in said additional statement of facts, had been received by me as a deposit from Mr. Edmund J. Forstall, a highly respectable citizen and merchant of New Orleans, for many years known as the agent of the banking-house of Hope & Co., of Amsterdam, for whom he was acting in the premises.

Such being the truth of the facts in reference to said property as represented to, and as believed and acted upon by me, I must and do hereby protest against the removal from my consular office of property belonging to and placed there for account of subjects of His Majesty the King of the Netherlands, against the acts of violence which preceded and the display of force which accompanied such removal, and against the violation of the privileges and immunities with which by the law of nations and the treaties of the United States I was invested in my official character.

I have the honor to be, respectfully, your obedient servant,

AM. COUTURIE, Consul of the Netherlands.

F.

NEW ORLEANS, May 18, 1862-11 a.m.

A statement of the facts that occurred after I took down the consular flag:

Having hauled down the flag of the Netherlands and left the premises, I paused for a moment in front of the building, which was surrounded by a great crowd of citizens of this place. I noticed that the inside and outside of the consular office were occupied by armed soldiers.

Passing by at 9 o’clock and again at midnight I noticed armed sentinels pacing all around the buildings which was then closed. On the following day, being Sunday, the 11th instant, or thereabout, a party of armed soldiers, commanded by officers in uniform with side-arms, reached the consular office, which they entered. At the same time a certain number of drays and wagons arrived in front of the consular office, and the articles hereinafter recited were removed from the vault of my consulate, placed on the sidewalk, thence upon the vehicles, carted off, and removed in presence of a large crowd of citizens. The articles removed by the military force are the following:

No. 1.-One hundred and sixty kegs containing each $5,000, being in all $800,000, Mexican silver dollars, which were deposited with me, as consul of the Netherlands, on the 12th day of April last, by Edmund J. Forstall, esq., a prominent merchant and citizen of this city, acting as agent of Messrs. Hope & Co., of Amsterdam, by virtue of an act of procuration which he then communicated to me. Said specie I was to keep and promised to keep in pledge for account of said firm and hold subject to their order. The above facts were afterward communicated by me to the minister of foreign affairs at The Hague, with a request that he would be pleased to transmit the information of the same to Messrs. Hope & Co.

{p.124}

No. 2.-One tin box (to which we gave the name of a bank box of this city), locked, containing, first, ten bonds of the consolidated debt of the city of New Orleans for $1,000 each, the nominal value of which is $10,000; second, eight bonds of the city of Mobile of the value of $1,000 each, the nominal value of which is $8,000. Said eighteen bonds were deposited with me on the 12th day of April last by Edmund J. Forstall, esq., in the capacity above recited as the property of Messrs. Hope & Co.; third, divers papers, being titles and deeds, my consular commission from His Majesty the King of the Netherlands, and exequatur from the President of the United States.

No. 3.-Six other tin boxes marked with my name, “Amedée Couturie,” containing private deeds, silverware, &c., which boxes are the property of divers persons for whom I am agent.

No. 4.-Two or more tin boxes, the property of the Hope Insurance Company, of this city, which occupied a portion of the premises in which my consulate was located.

Since the removal of the articles herein recited from the vault of the consulate the doors of the same have been closed and locked and armed sentinels continue to be placed at the entrance of and around the building. The coin and other articles above enumerated have been deposited, to the best of my knowledge, either in the mint or customhouse in this city, both public edifices, being occupied by the U. S. military.

AM. COUTURIE, Consul of the Netherlands.

G.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 14, 1862.

The CONSUL OF THE NETHERLANDS:

SIR: Your communication of the 10th instant is received. The nature of the property found concealed beneath your consular flag, the specie, dies, and plates of the Citizens’ Bank of New Orleans, under a claim that it was your private property, which claim is now admitted to be groundless, shows you have merited, so far as I can judge, the treatment you have received, even if a little rough. Having prostituted your flag to a base purpose, you could not hope to have it respected, so debased.

I am, officially, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

H.

BRITISH CONSULATE, New Orleans, May 8, 1862.

Maj. Gen. BENJAMIN F. BUTLER, U. S. Army, Commanding Department of the Gulf:

SIR: Mr. J. J. Burrowes, a British subject, and who lately commanded a company composed entirely of British subjects, organized to comply with the laws of this State, has informed me that, at your request and in compliance with an order from Brigadier-General Juge, he appeared before you yesterday for purposes which I shall have the honor to state in this communication, and he begs my interference in behalf of himself and of the other British subjects concerned. {p.125} Mr. Burrowes states to me that you informed him that every member of the “British Guard” must report to you with uniforms and arms, and those failing to do so must leave this city within twenty-four hours or be sent to Fort Jackson. It has come to my knowledge within the past two days, and I am given to understand that you are in possession of information to the same effect, that some members, a minority of the whole, of the company of “British Guard,” believing that the duty which had been imposed upon them by the law of this State was at an end and their services no longer required, a short time prior to the occupation of this city by the military authorities of the United States, sent their arms and equipments (their own private property, I believe) from the city-to whom or where Mr. Burrowes is unable to inform me. For this reason it will be impossible for them to report to you as soldiers, a character in which the British subjects now in question have never been desirous of showing themselves in the existing strife in this country. It is not my intention in this communication to shield my countrymen in the step they have taken, for it may be construed as a breach of that neutrality imposed by Her Majesty on all of her subjects; but if it is looked upon in that light I feel convinced that they, when they took such action, were ignorant of the importance that might be attached to it, and did it with no idea of wrong or harm.

It may not, sir, be irrelevant for me to mention that I much regret to hear that the position of British subjects in this city as neutrals should have been questioned or doubted. When the militia law of this State was enforced by the authorities, requiring all men between the ages of eighteen and forty-five years who were in the State to perform militia duty, I was compelled to oppose the law, and informed the Executive of this State that the service imposed upon British subjects was contrary to the law of nations, and placed them beyond that neutral position which had been enjoined upon them by their Government. This was partly at the instance of many British subjects, and conjointly done with the consuls of seven other European Governments. In consequence of our action the U. S. authorities, on taking possession of this city, found that the city was to a great extent in the charge of the foreign corps, and they were performing a service allowed by their own Government, and one not deemed incompatible by either belligerent. Consequently, it is scarcely reasonable to suppose that after so strongly opposing the militia law, for fear of losing or violating their rights as British subjects, they would voluntarily and knowingly place themselves in that unpleasant position which they have for many months so carefully avoided. As I have had the honor to state above, and for the cause mentioned, it will not be possible for some of the British subjects, who were members of the “British Guard,” to obey the verbal order of questioned legality given to Mr. Burrowes-that they should report to you as soldiers; and it would become my duty to solemnly protest in the name of Her Majesty’s Government against the alternative stated by you, the enforcement of which would infringe the rights of British subjects residing in the United States.

I have the honor to be, sir, your most obedient servant,

GEORGE COPPELL, Her Britannic Majesty’s Acting Consul.

{p.126}

H.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 11, 1862.

GEORGE COPPELL, Acting as Her Majesty’s Consul, New Orleans:

SIR: I have your communication of May 8. With its evasions of facts I have nothing to do. A plain statement of the matter is this:

A number of residents of this city, who were enjoying the protection and advantages of the United States Government in their large trade and property for many years (some of them more than a decade), and now claiming to have been born subjects of Her Majesty Queen Victoria, organized themselves into a military body, known as the “British Guard,” and armed, and uniformed, and equipped, patrolled the streets till the fleet of the United States had the city under its guns. This body then, after a discussion in presence of its captain and at least one other officer, at 11 o’clock at night, deliberately voted, in an organized meeting, to send the arms and uniforms of the company to the army of the rebel General Beauregard, which vote was carried into effect by sending to the rebels substantially all the arms, uniforms, and equipments in their armory. This transaction was concealed from me for some days. I then sent for Captain Burrowes and he acknowledged the facts materially as above stated. For this flagrant breach of the laws of nations, of the United States, your Queen’s proclamation, and the laws of God, I directed him to order the company to leave the city within twenty-four hours.

To this he objected, saying, among other things, that this would be punishing the innocent with the guilty, as there were some members absent at the time of the vote; that each soldier of the Guard owned his arms and uniform as private property, and it would be hard to compel those to leave the city who still retained their arms and uniforms and did not concur in the vote. I then modified the order, directing those to report to me who still retained their arms and uniforms; all others, having forfeited all rights of neutrality and hospitality, to leave the city within twenty-four hours, or I should have them arrested and sent to Fort Jackson as dangerous and inimical persons. These people thought it of consequence that Beauregard should have sixty more uniforms and rifles. I thought it of the same consequence that he should have sixty more of these faithless men, who may fill them if they choose.

I intended this order to be strictly enforced. I am content for the present to suffer open enemies to remain in the city of their nativity, but law-defying and treacherous alien enemies shall not. I welcome all neutrals and foreigners who have kept aloof from these troubles which have been brought upon the city, and will, to the extent of my power, protect them and their property. They shall have the same hospitable and just treatment they have always received at the hands of the United States Government. They will see, however, for themselves that it is for the interest of all to have the unworthy among them rooted out, because the acts of such bring suspicion upon all. All the facts above set forth can most easily be substantiated, and indeed are so evasively admitted in your note by the very apology made for them. That apology says that these men when they took this action, &c., sent these arms and munitions of war to Beauregard, “did it with no idea of wrong or harm.” I do not understand this. Can it be that such men, of age to enroll themselves as a military body, {p.127} did not know that it is wrong to supply the enemies of the United States with arms? If so, I think they should be absent from the city long enough to learn so much international law; or do you mean to say that, “knowing their social proclivities and the lateness of the hour when the vote was taken,” that therefore they were not responsible? There is another difficulty, however, in these people taking any protection under the British flag. The company received a charter or commission, or some form of rebel authorization from the Governor of Louisiana, and one of them whom I have under arrest accompanied him to the rebel camp.

There is still another difficulty, as I am informed and believe, that a majority of them have made declaration of their intentions to become citizens of the United States and of the supposed Confederate States, and have taken the proper and improper oaths of allegiance to effect that purpose.

Thus far you will do me the honor to observe that I have treated your communication as if it emanated from the duly authorized consul of Her Majesty’s Government at this port. The respect I feel for that Government leads me to err, if at all, upon the side of recognition of all its claims and those of its officers, but I take leave to call your attention to the fact that you subscribed yourself “Her Britannic Majesty’s Acting Consul,” and that I have received no official information of any right which you may have so to act, except your acts alone, and pardon me if I err in saying that your acts in that behalf, which have come to my knowledge, have not been of such a character as to induce the belief on my part that you do rightfully represent that noble Government.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

H.

BRITISH CONSULATE, New Orleans, May 13, 1862.

Maj. Gen. BENJAMIN F. BUTLER, U. S. Army Commanding Department of the Gulf, New Orleans:

SIR: In answering your communication of date of the 11th instant it is my intention to confine myself to a correction of errors in your statement of facts.

The “British Guard” was organized under the general call for service from all residents within the ages which give legal exemption, and as the least obnoxious form in which, as neutrals, they could comply with the requisition. The privileges asked for them, and with some difficulty obtained, limited their service to the lines around the city proper.

From the time it was ascertained that a portion of the U. S. fleet had passed the forts until its arrival before the city, the public mind was disturbed by apprehended violence at home, and the city authorities called upon the foreign brigades, of which the “British Guard” formed part, to suppress any such attempt. Their services were from that moment those of an armed police, which were by yourself and Commodore Farragut gratefully acknowledged.

After several fatiguing days and nights passed in the fulfillment of these duties, between the hours of 2 and 3 a.m. (not 11, as you have it) the Guard left their stations and returned to their armory to {p.128} deposit their arms, considering that their mission was at an end and that they were no longer wanted. Their existence as an organized body had virtually ceased. One, or it may be two, officers were in the armory, returning with the rest. No meeting was either called or held; there was no voting beyond the few, not exceeding fifteen, with whom the measure originated; no formal announcement of the proposal to dispose of the arms was ever exhibited.

Some of the members left the armory ignorant of any such proposition, though there, when in desultory conversation, among others, it was made and agreed to. It was the resolution of the moment, hardly to be characterized as a deliberate act, and the impulse which prompted it, [it] seems to me, can be reasonably referred to feelings which would actuate men whose friends and former companions [were] with the forces to which the arms are asserted to have been forwarded.

The number of muskets did not exceed thirty-nine, if all were sent, for I am assured that there never was the number you have given (sixty) in the armory.

These facts are verified by all who can speak from personal participation in the whole of parts of them.

The British Guard comprises gentlemen who have large responsibilities intrusted to their charge, and whose absence from the city would result in irreparable injury to the interests confided to their care, and whose word may be received with every confidence as vouchers for the verity of the above statement. The injustice of an order which includes those parties to the act and those who were not requires no explanation on my part. I have before observed that it is not my wish or intention to justify the act; my object is to explain its real import and to diminish the importance which, unexplained, it bears upon its face by stripping it of features which do not properly belong to it.

With reference to that part of your communication which has relation to myself, I would merely add that I furnish in proof of my official capacity letters addressed to me and signed by Earl Russell and Lord Lyons, which, as part of my official register, I must request may be returned to me, and that I am not aware that my accountability for the manner in which I may have fulfilled my duties extend beyond the source from which that authority emanated, and to which your letter will of course be forwarded in all its crudity.

In conclusion, I would say that Mr. Burrowes, to whom I shall exhibit my last communication before sending it, now says that he did tell you that the arms were intended for General Beauregard, but that he could not, from his own knowledge, state whether they were actually forwarded.

Referring to my last communication, I have the honor to be, sir, your obedient servant,

GEORGE COPPELL, Her Britannic Majesty’s Acting Consul.

H.

BRITISH CONSULATE, New Orleans, May 16, 1862.

Maj. Gen. B. F. BUTLER, Commanding Department of the Gulf:

SIR: Having been well assured that a British subject named Samuel Nelson has been by your orders arrested and sent to Fort Jackson {p.129} without trial or proof of the charges which are said to have induced his arrest, and that evidence could be produced which would satisfactorily prove his innocence in the premises, in accordance with the notification contained in my communication to you of date the 8th instant, I have, acting as Her Britannic Majesty’s consul, and in the name of Her Majesty’s Government, most solemnly to protest against the arrest and confinement of the said Samuel Nelson in the manner set forth, and against all further and other acts done or to be done in violation of the rights of Her Britannic Majesty’s subjects residing in the city of New Orleans.

I have the honor to be, sir, your obedient servant,

GEORGE COPPELL, Her Britannic Majesty’s Acting Consul.

H.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 16, 1862.

G. COPPELL, Acting Consul of Her Britannic Majesty, New Orleans:

SIR: Your communication in relation to Samuel Nelson is received. Whenever Samuel Nelson desires a trial he can have it. He is now in Fort Jackson because, amongst other things, he declined an investigation.

Officially, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

K.

NEW ORLEANS, May 13, 1862.

Major-General BUTLER, U. S. Army, Commanding Department of the Gulf:

SIR: To avoid misapprehension we take the liberty to state to you the impression made upon us during the interview of yesterday.

We understood you to say that you were disposed to reaffirm the declaration made in your first proclamation that private property of all kinds should be respected. You added that if the treasure withdrawn by the banks should be restored to their vaults you would not only abstain from interference, but that you would give it safe-conduct and use all your power individually, as well as the forces of the United States under your command, for its protection. That the question as to the proper time of the resumption of specie payments should be left entirely to the judgment and discretion of the banks themselves, with the understanding on your part and ours that the coin should be held in good faith for the protection of the bill holders and depositors.

On their part the banks promised to act with scrupulous good faith to carry out their understanding with you; that is, to restore a sound currency as soon as possible, and to provide for the resumption of regular business as soon as the exigency of our trade requires it.

You are aware that a large portion of coin of the banks is beyond their control, and that we can only promise to use our best exertions for its return. Should we fail we will immediately advise you of the fact.

{p.130}

In the meantime we request of you the favor to give us authority to bring back the treasure within your lines, with the safe-conduct of the same from that point to the city.

We have the honor to be, sir, your most obedient servants,

W. NEWTON MERCER. J. M. LAPEYRE.

K.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, May 14, 1862.

Messrs. WILLIAM N. MERCER and J. M. LAPEYRE, Committee:

MESSRS.: I have given very careful consideration to the matter of the communication handed me through you from the banks of the city.

With a slight variation, to which I called your attention, you were correct in your understanding of the interview had by me with the banks. Specie or bullion in coin or ingot is entitled to the same protection as other property under the same uses, and will be so protected by the U. S. forces under my command. If, therefore, the banks bring back their specie, which they have so unadvisedly carried away, it shall have safe-conduct through my lines and be fully protected here so long as it is used in good faith to make good the obligations of the banks to their creditors by bills and deposits.

Now, as in the present disturbed state of the public mind specie, if paid out, would be at once hoarded, I am content to leave the time of redemption of all bills to the good judgment of the banks themselves, governed in it by the analogy of the laws of the State and the fullest good faith. Indeed, the exercise of that on both sides relieves every difficulty and ends at once all negotiations.

In order that there may be no misunderstanding, it must be observed that I by no means mean to pledge myself that the banks, like other persons, shall not return to the U. S. authorities all the property of the United States which they may have received.

I come to retake, repossess, and occupy all and singular the property of the United States of whatever name and nature.

Further than that I shall not go, save upon the most urgent military necessity, under which right every citizen holds all his possessions. But as any claim which the United States may have against the banks can easily be enforced against the personal, as well as the property of the corporation, such claims need not enter into this discussion. In such form, therefore, as in good faith safe-conducts may be needed for agents of banks to go and return with property of the banks, and for no other purpose whatever, such safe-conducts will be granted for a limited but reasonable period of time. Personal illness has caused the slight delay which has attended this reply.

I have the honor to be, your most obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

[Enclosure No. 2.]

DEPARTMENT OF STATE, May 30, 1862.

MEMORANDUM.]

Lord Lyons called to-day upon Mr. Seward and said, as perhaps was not extraordinary, the capture of New Orleans, which was {p.131} expected by Mr. Seward to be a relief in the relations between the United States and other countries, on the contrary was, at the beginning, attended with new causes of uneasiness. He had received complaints from his consul in behalf of British subjects in New Orleans of harsh proceedings by General Butler. He had not time fully to digest them, but he called to see if the Secretary of State would not think it worth while to have the military authorities at New Orleans cautioned against exercising any doubtful severities, which would produce irritation and aggravate what had already happened.

Lord Lyons especially said that it had been reported to him that a British subject had been sent to Fort Jackson, which is understood to be a very unhealthy place at this season, and he trusted the military authorities would be requested not to expose the health of such prisoners to unnecessary risks. Mr. Seward replied that he cordially appreciated the value of Lord Lyons’ suggestions, and that he would submit to the Secretary of War the expediency of giving instructions to General Butler of the character suggested, and he felt authorized to say at once that they would be adopted.

[Inclosure No. 3.]

DEPARTMENT OF STATE, Washington, May 31, 1862.

MEMORANDUM.]

Mr. Mercier called upon Mr. Seward informally to speak of some irritation among the consuls at New Orleans, resulting from irregularities and severities reported to have been practiced by Major-General Butler toward them on the occasion of his taking military possession of that city. Mr. Mercier said that he had not called now to present any complaint on the part of the French consul, and explanations which had been already made by General Butler perhaps would relieve him of any necessity for doing so.

Mr. Seward said that he had seen newspaper reports of the occurrence at New Orleans, but as yet had received nothing official either from any representative of any foreign Government or from the War Department. But he had had no hesitation about interposing in the matter at once.

Yesterday, after a brief conversation with Lord Lyons, when the subject was first brought to his notice, he had procured orders from the Secretary of War to Major-General Butler directing him to refrain from practicing any severities or strictness of doubtful right toward any consul or subject of any foreign power, which orders had been already transmitted.

To-day it had been decided to devolve the civil government of New Orleans upon a provisional military Governor, who would proceed with the utmost dispatch to New Orleans and relieve General Butler of civil administration there.

Mr. Seward said that he had already appointed a commissioner for the State Department, of distinguished ability and character, to proceed to New Orleans as speedily as possible and inquire and take evidence of the transactions which have occurred there in which any complaint of violation of consular rights, privileges, and courtesies has arisen under the administration of General Butler, to redress any such clear violation which he may ascertain to have occurred, by making restitution, and in every other case to make full report to the Secretary of State for his decision thereupon.

{p.132}

[Inclosure No. 4.]

DEPARTMENT OF STATE, Washington, June 5, 1862.

Mr. ROEST VAN LIMBURG, &c.:

SIR: In regard to the papers which you informally left with me yesterday while waiting for the instructions of your Government, I have the honor to say that the President deeply regrets the conflict between the military authorities and the consulate of the Netherlands which occurred at New Orleans just at the moment when preparations were being made for the restoration of order and the renewal of commerce.

The statements of the transaction which have been received show that Major-General Butler was informed that a very large sum of money belonging to insurgent enemies was lying secreted in a certain liquor store in the city, and he very properly sent a military guard to search the premises indicated. The general says that it was reported to him that Mr. Couturie, who was found there, denied all knowledge of any such deposits, and claimed that all the property in the building belonged to himself personally. These reported assertions of Mr. Couturie of course determined the general to proceed with the search. Mr. Couturie at this stage of the matter avowed himself to be the consul of the Netherlands, and pointed at the flag which he had raised over the door. He withheld all explanation, however, concerning the property for which search had been ordered, and protested against any examination whatever of the premises on the ground of the immunities of the consulate. He was thereupon detained; the keys of a vault were taken from his person; the vault was opened and there was found therein $800,000 in specie and $18,000 of bonds or evidences of debt, certain dies and plates of the Citizens’ Bank, the consular commission, and exequatur, and various title deeds and other private papers. All the property and papers thus taken were removed and placed for safe-keeping in the U. S. mint, and the transaction was reported by Major-General Butler to the Secretary of War.

After the affair had thus been ended the consul made written protests, in which he insisted that his detention and the search were illegal, and that the specie and bonds were lawful deposits belonging to Hope & Co., subjects of the King of the Netherlands, and an agent of Hope & Co. has also protested to the same effect and demanded that the specie and bonds shall be delivered to them. The consul further denied that he had at any time claimed that the specie and bonds were his own. Major-General Butler still insists that the deposits were fraudulent and treasonable and were made with the connivance of the consul.

The President does not doubt that in view of the military necessity which manifestly existed for the most vigorous and energetic proceedings in restoring law, order, and peace to a city that had been for fifteen months the scene of insurrection, anarchy, and ruin, and in the absence of all lawful civil authority there, the consul of the Netherlands ought, in the first instance, to have submitted to the general the explanations which he afterward made in his protest, with the evidences which he possessed to show that the deposits were legitimate. If he had done this and then referred Major-General Butler to yourself, or to this Government, the President now thinks that it would have been the duty of the general to have awaited special instructions from the Secretary of War. The consul, however, preferred to stand silent and to insist on official immunities, the extent of {p.133} which he certainly misunderstood when he assumed that his flag or the consular occupancy of the premises entitled him, in a time of public danger, to an exemption from making any exhibition of suspected property on the premises or any explanation concerning it.

Nevertheless, this error of the consul was altogether insufficient to justify what afterward occurred.

It appears beyond dispute that the person of the consul was unnecessarily and rudely searched; that certain papers which incontestably were archives of the consulate were seized and removed, and that they are still withheld from him, and that he was not only denied the privilege of conferring with a friendly colleague, but was addressed in very discourteous and disrespectful language.

In these proceedings the military agents assumed functions which belong exclusively to the Department of State, acting under the directions of the President. This conduct was a violation of the law of nations and of the comity due from this country to a friendly sovereign State. This Government disapproves of these proceedings, and also of the sanction which was given to them by Major-General Butler, and expresses its regret that the misconduct thus censured has occurred.

The President has already appointed a military Governor for the State of Louisiana, who has been instructed to pay due respect to all consular rights and privileges; and a commissioner will at once proceed to New Orleans to investigate the transaction which has been detailed, and take evidence concerning the title of the specie and bonds and other property in question, with a view to a disposition of the same, according to international law and justice. You are invited to designate any proper person to join such commissioner and attend his investigations. This Government holds itself responsible for the money and the bonds in question, and to deliver them up to the consul or to Hope & Co. if they shall appear to belong to them. The consular commission and exequatur, together with all the private papers, will be immediately returned to Mr. Couturie, and he will be allowed to renew and, for the present, to exercise his official functions. Should the facts, when ascertained, justify a representation to you of misconduct on his part it will in due time be made, with the confidence that the subject will receive just consideration by a Government with which the United States have lived in amity for so many years.

I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.

WILLIAM H. SEWARD.

[Inclosure No. 5.-Translation.]

LEGATION OF THE NETHERLANDS, Washington, June 6, 1862.

Hon. Mr. SEWARD, Secretary of State of the United States of America:

SIR: I have had the honor to receive your note, dated yesterday, through which you have been pleased to inform me that the President deeply regrets the conflict which has occurred at New Orleans between the military authorities and the consul of the Netherlands. It is with a real satisfaction, which accords fully with what I was to expect from the high sense of justice of the President and of the Government of the United States, that I have seen, in the course of {p.134} the note, that they view the conduct of the aforesaid authorities as a violation of the law of nations; that they disapprove of it; that they disapprove of the sanction which was given to it by Major-General Butler.

After having thanked the President and the Government of the United States therefor, I must permit myself to remark, Mr. Secretary of State, that a circumstance which, from the inception, the consul of the Netherlands is reproached with, must evidently be attributed to a want of clearness in the statement made by Major-General Butler.

According to your note, he says, “that he had been informed that a very considerable sum, belonging to insurgent enemies, was secreted in a certain liquor store of the city;” whereupon, you observe, “that he sent, very properly, a military guard to make searches at the place indicated.” But it appears to be proven that the money and articles in question were not by any means in this liquor store, but in a very different place in the city. If, therefore, Mr. Couturie was accosted in the aforesaid liquor store, his commercial establishment, he might have said, with truth, that all that was in that store was his personal property. There would, therefore, be want of clearness on the part of Major-General Butler in making the declaration of Mr. Couturie bear upon the kegs, &c. Upon other allegations of Major-General Butler, differing (contrary to) from the allegations of the consul, I would not desire more than yourself, Mr. Secretary of State, to express an opinion. Major-General Butler makes a very serious charge against the consul, which involves a proceeding deserving a removal from office of the one or the other; that of the consul if he has in reality received, “with connivance,” as Major-General Butler pretends (alleges), a “fraudulent” deposit; that of Major-General Butler if he fails to prove that charge. For to take from one his honor is no less culpable than to take from him his property, his life. Let the Government of the United States, Mr. Secretary of State, in order to throw light upon its information or knowledge, have the affair examined and investigated (” investigate the transaction which has been detailed”) before it pronounces between the accuser and the accused. This could not be impugned by me; but that I appoint some one to take part, to assist, in this species of inquest, which, by the proceedings themselves of the military authorities, can no longer take place upon a state of things untouched-the kegs and the boxes having been carried off without any seals, having been, as it appears, opened by Major-General Butler. This I could not do without granting, in some measure, a bill of indemnity to that which has occurred. It is what I could not take upon myself without receiving upon that point the instructions of the Government of the King. There are, besides, in this affair circumstances which strike me. It seems to me that when the question relates to “fraudulent deposit,” to “connivance” in acts of high treason, one should not impute, as Major-General Butler does; one should rather accuse. One should not limit himself to seize upon the proofs; it would also be natural to make sure of the accused persons; and notwithstanding the consul, to whom they impute so serious an act, was under arrest but during a few hours, during the searches made in his vault, whilst the agent of the house of Hope & Co., who, if the consul be guilty, must be so at least as much so as him, has not been, to my knowledge, arrested. These are circumstances, Mr. Secretary of State, which seem to me of a nature to cause one to rather presume the innocence of the agent of the house of Hope & Co. and {p.135} of the consul of the Netherlands than to indicate that they are believed really guilty. You should not, therefore, be surprised that I recoil from the supposition of culpability, and that as for myself I could not consider the deposit otherwise than as legitimate until the contrary be proven. It is for Major-General Butler to prove what he alleges; ei incumbit probatio qui dicit, non qui negat (the burden of proof lies upon him who asserts, not upon him who denies), say the Pandects. It is not for me, it is not for our consul, to prove that he is innocent. Prima facie, the money delivered by the Citizens’ Bank to the agent of the house of Hope & Co., to be transmitted to that house or to be deposited with the consul of the Netherlands; is a legitimate money, legitimately transferred.

I could not, without having-received (obtained) the orders of the Government of the King, participate in any manner in an investigation which would tend to investigate that which I could not put in doubt-the good faith of the agent of the house of Hope & Co., the moral impossibility that that honorable house should lend itself to any culpable underplot, the good faith of the consul of the Netherlands.

Quilibet proesumitur justus, donec probatur contrarium (everyone is to be presumed honest until the contrary is proven), saith the ancient and universal rule of justice, and this rule is true especially when it applies to persons such as those as are in question here.

Consequently, while awaiting the orders of the Government of the King, I reserve all the rights and all the demands (claims) which may be based, either by the Royal Government or by the Netherlands consul or by individuals, upon the seizure of values, titles, or papers deposited at the consulate of the Netherlands at New Orleans, and more especially upon the reprehensible and censured manner in which this seizure has been made. But if on the one hand, Mr. Secretary of State, I must reserve, in their entireness, all the demands which the Government of the King, the consul of the Netherlands, and the persons interested might hereafter have to sustain, on the other hand I am happy to give you the assurance that the Government of the King, upon an eventual representation on your part against the conduct of the consul at New Orleans, will receive it with all the consideration and will right it with all the promptness which the excellent relations which for so many years have existed between the two countries may lead to expect from the Government of the august sovereign who maintains, and will ever maintain, the motto, Justitia regnorum fundamentum (Justice is the foundation of kingdoms).

I have the honor, Mr. Secretary of State, to request you to be pleased, at an early day, to acknowledge the receipt of this note from me, and I avail myself of this new opportunity to reiterate to you the assurances of my high consideration.

ROEST VAN LIMBURG.

[Inclosure No. 6.-Translation.]

LEGATION OF THE NETHERLANDS, Washington, June 7, 1862.

Hon. Mr. SEWARD, Secretary of State of the United States of America:

SIR: In my note of yesterday, of the 6th of this month, I have had the honor to offer you my thanks for the ample and decided manner in which the President and the Government of the United States have censured the proceedings of Major-General Butler toward our consul {p.136} at New Orleans, at the time of the seizure of the values and papers deposited at the consulate of the Netherlands. I afterward corrected a want of clearness made by Major-General Butler, upon which you based a reproach to the consul.

In reference to the decision of the Government of the United States to throw light upon its information as to what has occurred at the consulate, and upon the allegations of Major-General Butler respecting the nature of the deposit, I have stated the motives which prevent me from participating in the species of inquiry which the Government of the United States is immediately to cause to be instituted at New Orleans, in order to be enabled afterward, without delay, to return the values to the consul or to the house of Hope & Co., should it appear that they belong to that house, or, in other words, to dispose of them according to the law of nations and justice (“with a view to a disposal of the same according to international law and justice”).

The sincerity of this intention and the real desire of the President and of the Government of the United States to terminate not only in the most just, but in the most prompt manner, this affair, highly interesting to all the nations having relations with the United States, this sincerity and the reality of this desire could not be, in my view, subject to the slightest doubt. I am convinced of it, and it is this conviction which causes me, Mr. Secretary of State, to ask you now to communicate to me the proofs which Major-General Butler pretends to have had in his hands to accuse the consul of the Netherlands and to seize the deposit as unlawful.

For it is upon proofs existing at the time of the seizure, and solely upon these proofs, upon which Major-General Butler must rely. Ex post factum, there will be nothing to allege.

You could not, I think, have any difficulty in acceding to my request, because it can only be upon the proofs which Major-General Butler has pretended to have that you retain in your possession the articles taken from the consul, who, being then in possession, had in his favor the legal presumption of a just title.

I pray you, then, sir, to be pleased, by communicating the papers which I have the honor of asking of you, to enable me to enlighten the Government of the King as soon as possible upon this subject; and I avail myself of this opportunity to renew to you the assurances of my high consideration.

ROEST VAN LIMBURG.

[Inclosure No. 7.-Translation.]

LEGATION OF THE NETHERLANDS, Washington, June 7, 1862.

Hon. Mr. SEWARD, Secretary of State of the United States of America, &c.:

From the first interview which I had the honor to have with you in regard to the lamentable events which took place in the course of last month at the consulate of the Netherlands at New Orleans, you have evinced a spirit of conciliation, the extent of which I take pleasure in acknowledging. You have assured me that all which I could reasonably ask of you would be accorded to me.

I submitted to you the information and reports which I had received. These were sufficient to induce you to take the initiative in the reparation which at first seemed to you to be due.

{p.137}

But from the note which to this end you were pleased to address to me day before yesterday, and from the answer which I made to it on the day following, it appears that you cannot at present decide as to the allegation of Major-General Butler, whilst I, until the contrary be proved, must consider our consul as acting entirely in good faith and as being perfectly in the right to receive from the hands of the agent of the firm of Hope, & Co., of Amsterdam, a deposit for that firm. There was not, according to the law of nations and universally received usages, any obligation on the Government of the United States to verify the contents of the kegs, which the agent of the house of Hope had declared to him to contain 800,000 Mexican dollars.

In this state of affairs, which your sense of justice will hasten, as you have assured me, to put an end to as soon as possible, our consul would find himself, without some new proof of conciliation and equity on your part, in a false position. Your note of the 5th says that his consular commission and the exequatur of the President (improperly taken out of his possession by Major-General Butler) will be returned to him immediately, and that he will be “permitted to resume his functions. I have no reason to suppose, sir, that you have used this term with any positive intention; therefore I flatter myself that, while reserving to yourself any ulterior action against the consul, you will not object to considering him, as I do, and as justice considers every man against whom nothing has been proved, as honorable and as acting in good faith; and that consequently you will not refuse to “invite” him, through my interposition, to resume his functions, while adding that you cannot consider him otherwise than as acting in good faith and as honorable until the contrary be proved, and while waiting for the report of the commissioner whom you are going to send to New Orleans.

I have the honor, Mr. Secretary of State, to request you to be pleased also, as soon as possible, to honor me with your reply in this regard; and I profit by this new opportunity to reiterate to you the assurances of my high consideration.

ROEST VAN LIMBURG.

[Inclosure No. 5.]

DEPARTMENT OF STATE, Washington, June 7, 1862.

Mr. ROEST VAN LIMBURG, &c.:

SIR: I have the honor to acknowledge the receipt of your note of yesterday and of this date on the subject of the proceedings of Major-General Butler with reference to the consul of the Netherlands at New Orleans. The first of these communications presents several points which merit special notice, but I prefer to reserve a reply to them in detail until I shall have received information in regard to the instructions upon the subject which you expect from your Government.

In answer to your note of this date I have to remark that in conformity with that conciliatory disposition which it has been my purpose to show and which you very liberally acknowledge, I have no objection to your writing to the consul that it is the President’s expectation that he will resume and continue in the discharge of his official functions until there shall be further occasion for him to relinquish them.

I avail myself of this occasion, sir, to offer to you a renewed assurance of my very high consideration.

WILLIAM H. SEWARD.

{p.138}

[Enclosure No. 9.]

DEPARTMENT OF STATE, Washington, June 7, 1862.

Mr. ROEST VAN LIMBURG, &c.:

SIR: In answer to your second note of this date, in which you request the proof upon which Major-General Butler based his proceedings against the consul of the Netherlands at New Orleans, I have to inform you with entire frankness that my communications to you upon the subject have been drawn from the report of that officer with reference to his proceedings in that city generally up to the 16th of last month, the date of the report. That document not being accompanied by any proof of the allegations against the consul, it is quite beyond my power at this time to comply with your request.

I offer to you, sir, a renewed assurance of my very high consideration.

WILLIAM H. SEWARD.

[Inclosure No. 10.-Translation.]

LEGATION OF THE NETHERLANDS, Washington, June 9, 1862.

Hon. Mr. SEWARD, Secretary of State of the United States of America:

SIR: In your note bearing date the 7th of this month, through which you do me the honor to reply to my second note of the same day, you have been pleased, with a frankness which I appreciate, to inform me that your communications on the subject of the affair in question have been drawn from the report which Major-General Butler made to you of his general conduct at New Orleans up to the 16th of the last month; and that this document not being accompanied by any proof of the allegations against the consul, it is not in your power to comply with my request “to be pleased to communicate to me the papers justificative (proofs) of the accusation of the consul and of the seizure of the deposit.”

Your frankness, sir, could not but increase my esteem for the Government whose organ you are, and this frankness encourages me to be equally frank. You will appreciate it on your part, convinced of the respect which I bear for the President and Government of the United States, as also of the confidence which I place in their spirit of justice. Well then, Mr. Secretary of State, since you acknowledge to me that you are not in possession of the proofs, is it not natural to conclude therefrom that these proofs do not exist? For, was it not the duty of Major-General Butler to submit them to you, without delay, to justify the seizure of funds of which you now know that they were in deposit at the house of the Netherlands consul, for account of the honorable house of Hope & Co., of Amsterdam?

Thus, from the moment it shall appear that Major-General Butler has actually seized, without having had well-founded reasons and proofs to justify a step so serious as the carrying off (removal) of a deposit which was at the Netherlands consulate, I expect from the justice of the Government of the United States that the values shall be restored without further delay to the consul or the house of Hope & Co..

I therefore permit myself to request you, sir, to be pleased to call for as soon as possible and to communicate to me the proofs which I {p.139} have had the honor to request of you in my note of the 7th of this month.

I have the honor, sir, to reiterate to you the assurances of my high consideration.

ROEST VAN LIMBURG.

[Inclosure No. 11.-Translation.]

LEGATION OF THE NETHERLANDS, Washington, June 9, 1862.

Hon. Mr. SEWARD, Secretary of State of the United States:

SIR: I have the honor to acknowledge the receipt of your note of the 7th of this month, in which you do me the honor to say to me, among other things, that you have no objection that I should write to the consul of the Netherlands at New Orleans “that it is the President’s expectation that he will resume and continue in the discharge of his official functions until there should be further occasion for him to relinquish them.” I regret, sir, not to be able to accept that formula without submitting it to the judgment of the Government of the King; and I have the honor to renew to you the assurances of my high consideration.

ROEST VAN LIMBURG.

[Inclosure No. 12.]

DEPARTMENT OF STATE, Washington, June 9, 1862.

Mr. ROEST VAN LIMBURG, &c.:

SIR: I have the honor to acknowledge the receipt of your two notes of this date. In reply to the request in one of them for the proofs upon which Major-General Butler based his proceedings with reference to the coin lodged with the consul of the Netherlands at New Orleans, I have the honor to acquaint you that no time shall be lost in making them known to you when they shall have been received here.

I avail myself of this occasion, sir, to offer to you a renewed assurance of my very high consideration.

WILLIAM H. SEWARD.

[Inclosure No. 13.]

NEW YORK, June 10, 1862.

Governor SEWARD, Secretary of State:

MY DEAR SIR: A gentleman well-informed in the financial relations of the New Orleans banks has handed me the inclosed memorandum of what he supposes to be the probable status of the specie found under the protection of the Dutch consul at New Orleans. I send it to you, thinking it may be of some service in your investigations.

The idea of this gentleman is that the existence of an occasion for a remittance of some $800,000 to Hope & Co. has been made a cause for this deposit, without the least intention of so paying or providing for the debt, which had, doubtless, been otherwise met.

I had the pleasure of meeting Mr. Weed yesterday at a very agreeable dinner given to him by the district attorney. He seems in excellent health and spirits.

I am, very truly, yours,

WM. M. EVARTS.

{p.140}

[Sub-inclosure.]

MEMORANDUM.

The Citizens’ Bank was chartered by the Legislature of Louisiana about the year 1836. The State loaned its bonds to the bank to constitute or raise the capital on which it has been doing business. The bank indorsed the bonds of the State, and negotiated some $5,000,000 of them through Hope & Co., of Amsterdam, where the interest and principal are payable. It is said that $500,000 of these bonds become due and payable at Hope & Co.’s counting-house this year (1862), which, with one year’s interest on the whole amount outstanding, probably constitutes the sum placed by the bank shortly before the capture of New Orleans in the hands of the consul of the Netherlands. It is almost certain that Hope & Co. have nothing at all to do with any funds intended to be applied to the payment of the bonds negotiated through them by the Citizens’ Bank until they reach Amsterdam; they (Hope & Co.) acting merely as distributors of the funds when placed there with them, all risk of transmission belonging to the bank. Such, I know, was the case with the bonds negotiated by Baring Bros. & Co., issued by the State of Louisiana to the Union Bank of Louisiana. Moreover, it is very probable that the Citizens’ Bank has ample funds in London to make the payment due in Amsterdam this year, and will use them for that purpose should the money seized be given up. It should not be forgotten that the Citizens’ Bank, or the president, or some other person connected with the bank, has been reported as acting in some way, directly or indirectly, as fiscal agent of the Confederate Government, and that that Government may have funds in the hands of such agent, which were on deposit with the Citizens’ Bank. It is even probable that a portion of the gold stolen from the mint in New Orleans at the commencement of the rebellion was deposited in the Citizens’ Bank by some agent or officer of the Confederate Government. My opinion is that if the money seized should be delivered up to the consul it will find its way back into the vault of the Citizens’ Bank, and that Hope & Co. will be placed in funds to meet the bonds and coupons due this year from other resources of the bank. If the money seized should be found to belong rightfully to Hope & Co., then let the Government send the equivalent amount from here to Hope & Co. by bills of exchange on London, and use the specie where it is for their own purposes.

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CONFIDENTIAL.]

WASHINGTON, June 10, 1862.

Maj. Gen. B. F. BUTLER, New Orleans:

MY DEAR FRIEND: Mr. Seward desires me to say to you that he has been informed, since sending Mr. Johnson as agent to visit New Orleans, that he might not be acceptable to you, on account of something that occurred at Baltimore during your command there; that he (Mr. S.) was altogether unconscious of your having any reason of complaint against Mr. Johnson, who was appointed because he was well known abroad-familiarly acquainted with the diplomatic representatives at Washington, and therefore supposed to be more acceptable to them than would be any other person. Mr. Seward is also quite sure that Mr. Johnson has the kindest feelings toward yourself, and will perform his duties in a manner entirely satisfactory to you. In this belief I {p.141} entirely concur, and hope that your relations with Mr. Johnson will be cordial, and that you will be well pleased with the results of his mission.

With sincere regard, I am, very truly, yours,

EDWIN M. STANTON.

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WAR DEPARTMENT, Washington City, D. C., June 10, 1862.

Col. GEORGE F. SHEPLEY, New Orleans:

DEAR SIR: I have the pleasure to transmit herewith your appointment and instructions as Military Governor of Louisiana. No one can be more conscious than yourself of the great importance and responsibility of the official trust thus committed to you by the President. And I will only add that with full confidence in the wisdom and success of your administration, and with the purpose to afford you every aid in the power of this Department,

I remain, truly, yours,

EDWIN M. STANTON, Secretary of War.

P. S.-You will also find inclosed herewith copy of the memorandum of a conversation between Lord Lyons and the Secretary of State on the 30th ultimo, to which I beg leave to call your attention.*

* See p. 130.

[Enclosure No. 1.]

WAR DEPARTMENT, Washington City, D. C., June 10, 1862.

Col. GEORGE F. SHEPLEY, Military Governor of Louisiana, New Orleans, La.:

SIR: The commission you have received expresses on its face the nature and extent of the duties and power devolved on you by the appointment of Military Governor of Louisiana. Instructions have been given to Major-General Butler to aid you in the performance of your duty and the exercise of your authority. He has also been instructed to detail an adequate military force for the special purpose of a governor’s guard and to act under your directions. It is obvious to you that the great purpose of your appointment is to re-establish the authority of the Federal Government in the State of Louisiana, and provide the means of maintaining peace and security to the loyal inhabitants of that State until they shall be able to establish a civil government. Upon your wisdom and energetic action much will depend in accomplishing the result. For your instruction in respect to the manner of dealing with international rights, I inclose a letter of Hon. William H. Seward to me, under the date of the 3d instant, and it is the desire of the President that your official action shall conform to the views and policy indicated therein. It is not deemed necessary to give any specific instructions, but rather to confide in your sound discretion to adopt such measures as circumstances may demand. Specific instructions will be given when requested. You may rely upon the perfect confidence and full support of the Department in the performance of your duties.

With respect, I am, your obedient servant,

EDWIN M. STANTON, Secretary of War.

{p.142}

[Sub-inclosure No. 1.]

WAR DEPARTMENT, Washington, D. C., June 3, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State:

SIR: This Department has appointed Col. George F. Shepley Military Governor of the State of Louisiana. His jurisdiction will include the city of New Orleans. While exerting the military power to overcome the rebellion, the Department desires to avoid any encroachment upon international rights, and would be glad to be favored with any suggestions which the State Department may think proper to be incorporated into the instructions to Governor Shepley

Your obedient servant,

EDWIN M. STANTON, Secretary of War.

[Sub-inclosure No. 2.]

DEPARTMENT OF STATE, Washington, June 3, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the receipt of your letter of this date, and thank you for the courtesy of the communication. In reply I have to acquaint you that this Department has already appointed Reverdy Johnson a commissioner to proceed to New Orleans to investigate complaints of foreign consuls against certain military proceedings of General Butler and to report to this Department.

I think it would be well to instruct Governor Shepley to afford all reasonable facilities to Mr. Johnson to perform the trust confided to him, and further instruct him that the utmost delicacy is required in transactions with consuls and with foreigners, so as to avoid not only just cause of complaint but groundless irritation in a critical conjuncture.

In making these suggestions I am by no means to be understood as prejudging, much less censuring, Major-General Butler, whose general course of administration seems to me to have been eminently judicious and energetic.

It would be advisable for. Governor Shepley to refer to the Government at Washington any questions in the determination of which, or in proceedings pursuant thereto, there may be a reasonable doubt as to his authority.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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STATE OF MICHIGAN, EXECUTIVE OFFICE, Jackson, June 10, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the receipt of the order of the Department authorizing me to raise one regiment of cavalry. In the order the hope is expressed that the regiment may be ready by the 4th of July next. I will cheerfully undertake to raise the regiment, but it will be impossible to do it by the time indicated. I cannot promise that it can be ready before the 1st of August, or near that time. If for any reason that length of time cannot be allowed, {p.143} I should hope to be informed of it. It is the worst season of the year to recruit in the West, and the drain has already been considerable..

Very respectfully, your obedient servant,

AUSTIN BLAIR, Governor of Michigan.

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MADISON, WIS., June 10, 1862.

Hon. EDWIN M. STANTON:

Your circular dispatch through Adjutant-General is received. Enlistments for our new regiment move slowly. We are still embarrassed by failure to receive your favorable reply or any reply to my dispatch relative to mustering officers.

E. SALOMON, Governor.

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ADJUTANT-GENERAL’S OFFICE, Washington, June 10, 1862.

Maj. R. S. SMITH, Madison, Wis.:

The Secretary of War directs that you act as superintendent of the volunteer recruiting service and mustering and disbursing officer for Wisconsin.

L. THOMAS, Adjutant-General.

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GENERAL ORDERS, No. 64.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 11, 1862.

I. All property captured by the Army, or seized by any provost-marshal, or taken up astray, or taken from soldiers marching in the enemy’s country, will be turned over to the chiefs of the staff departments to which such property would appertain, on duty with the troops, and will be accounted for by them as captured property and used for the public service, unless claimed by owners and ordered by the commanding officer to be returned. In such case the receipts of the owners to whom the property is delivered will be taken therefor. Provost-marshals will make returns to the Adjutant-General of all such property and of the disposition made of it, accounting on separate returns for ordnance, quartermaster, subsistence, medical stores, &c., furnishing and procuring the usual invoices and receipts, and charging the officers to whom the property has been delivered with the same on the returns.

II. Paragraph 41, Regulations for the Subsistence Department, of April 24, 1862, corresponding with paragraph 1217, Regulations for the Army, is hereby rescinded. The settlement of accounts for the board of soldiers in private hospitals is transferred to the Surgeon-General’s Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, June 11, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State:

SIR: I beg leave to call your attention to the matter of the Mexican consulate at this port and to lay before you my action in the premises.

{p.144}

Soon after my arrival here I found two gentlemen, Señors Feliciano Ruiz and Ignacio P. Oropesa, both of whom claimed to exercise rightfully consular powers for the Republic of Mexico at this port, with consular flags, offices, &c., each representing the other to be without consular authority from that Government. Being applied to by both to settle the question between them, I caused the letters addressed to the Mexican consul to be detained in the post-office until I would bring both gentlemen together, when communications addressed to the one and the other, copies of which are hereby annexed, marked A and B, were found, coming from the minister of the interior for the Republic of Mexico, which settled the question at once. Thereupon I ordered both gentlemen to take down their consular flags at once and cease to exercise or discharge the duties and business of the consulate, and referred them to their own Government and the consul-general of that Government at New York.

Hoping that my action herein meets your approval,

I have the honor to be, your most obedient servant,

B. F. BUTLER, Major-General, Commanding Department.

EXHIBIT A.

(Translation.)

No. 41.]

MEXICAN REPUBLIC, MINISTRY OF INTERIOR AND EXTERIOR RELATIONS, National Palace, Mexico, April 3, 1862.

Sr. Don FELICIANO RUIZ, In Charge of the Archives of the Consulate-General of the Republic in New Orleans:

I have received the dispatch No. 5, which, under date of the 7th of the past month, you were pleased to send me, and I give you thanks for the information which you give me relative to events recently taken place in the United States.

In case that you should not have received my communication No. 40, of 31st of January last, and as it is not now expedient that there should be a consulate in New Orleans, I must reiterate to you the order that you will be pleased to deliver the archives and seals which you have in your charge to the consul of the Republic in New York.

Receive the protestations of my particular esteem.

DOBLADO.

I certify that the above is a correct translation of Document No. 41 in the original Spanish, signed and dated as above. In witness whereof witness my signature.

S. A. PERKINS, First Lieut., Third Massachusetts Cavalry, Second Brigade.

EXHIBIT B.

(Translation.)

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MEXICO, National Palace, April 23, 1862.

Sr. Dr. IGNACIO P. DE OROPESA:

Having received lately at this department various communications from you, in which it appears that you are still exercising the functions of vice-consul, I must reiterate, in case that the last order of {p.145} the Government should not have reached your hands, that not only your nomination has not been confirmed, but that that general consulate has been suppressed and established for the time at New York under the charge of Señor Duran, who has received an order to collect together the archives and seals which Don Feliciano Ruiz had under his charge in deposit.

It is to be hoped, therefore, that as soon as you and also Señor Ruiz may have received notice that the general consulate in New Orleans has been suppressed, and have received orders, respectively, you shall have put an end to the indecorous and imprudent conduct which you have observed in treating of exercising the one and the other functions which as yet in no manner did not belong to either one of you.

I reiterate to you my protestations of particular attention.

FUENTE.

I certify that the above is a correct translation of document, or rather letter, in the original Spanish, dated and signed as above. In testimony whereof witness my seal.

S. A. PERKINS, First Lieut., Third Massachusetts Cavalry, Second Brigade.

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COLUMBUS, June 11, 1862. (Received 1.15 a.m. 12th.)

Hon. EDWIN M. STANTON:

Over 4,000 men have assembled at Camp Chase under the call for three-months’ volunteers. They have been formed into four regiments-Eighty-fourth, Eighty-fifth, Eighty-sixth, and Eighty-seventh. The Eighty-fourth left at 6 p.m. this day for Cumberland, Md. The Eighty-fifth are organized for guard duty within the State. The Eighty-sixth and Eighty-seventh will be ready for the field in a few days. What orders have you for them?

DAVID TOD.

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GENERAL ORDERS, No. 65.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 12, 1862.

I. Paragraph 1269, Army Regulations, is hereby so modified that private physicians, employed as medical officers with an army in the field in time of war, may be allowed a sum not to exceed $125 per month, besides transportation in kind.

II. The certificates of discharge to be given by the Medical Inspector-General, or any medical inspector of the Army, under the act of May 14, 1862, published in General Orders, No. 53, will be made on the printed forms for certificates of disability prescribed by the Army Regulations. The inspector giving the discharge will indorse it with his own certificate that it is granted upon his own personal inspection of the soldier, and with the soldier’s consent, and for disability, the nature, degree, and origin of which are correctly described in the within certificate.

III. Each medical director must, under the orders of his department commander, regulate the distribution of the sick and wounded to the hospitals within the military department to which he belongs. When want of room in such hospitals or the nature of the wounds or diseases of any invalids require that detachments shall be sent beyond the limits of their departments, the Surgeon-General will designate to {p.146} the medical directors, either by general instructions or specially by telegraph, to what points they shall be sent. Officers whose duty it may become to forward such detachments will take care that no men, except those provided with written passes from their hospital surgeon or the medical director, shall be allowed to go.

Furloughs will not be given by captains of companies or colonels of regiments on any pretext whatever. A furlough from such authority will not relieve a soldier from the charge of desertion.

Enlisted men absent from their regiments without proper authority are in fact deserters, and not only forfeit all pay and allowances, but are subject to the penalties awarded by law to such offenders. No plea of sickness or other cause not officially established, and no certificate of a physician in civil life, unless it be approved by some officer acting as a military commander, will hereafter avail to remove the charge of desertion or procure arrears of pay when a soldier has been mustered as absent from his regiment without leave.

By application to the Governors of their States, or to any military commander or U. S. mustering officer in a city, transportation can be procured to their regiments by soldiers who are otherwise able to join them.

Where no military commander has been appointed, the senior officer of the Army on duty as mustering or recruiting officer in the place is hereby authorized and required to act in that capacity until another may be appointed.

Under General Orders, No. 36, it is the duty of military commanders to collect all stragglers and forward them to their regiments. To do this they must establish camps or depots, under strict military discipline, and maintain sufficient guards to enforce this order. Convalescents in army hospitals will be reported by the surgeons in charge to the military commanders, to be kept at their camps or depots until they can be sent to join their regiments. Muster-rolls of each detachment will be made out from the best data at hand, the statement of the men being taken in the absence of other information concerning them. A duplicate of each muster-roll must be forwarded to the Adjutant-General the day the detachment starts.

To avoid confusion and retain necessary control over all soldiers in the U. S. service, those who are entertained in State or private hospitals must be subject to the nearest military commander, and are hereby required to report to him in person as soon as they become convalescent.

Immediately after receipt of this order each military commander will publish three times in some newspaper a brief notice requiring all U. S. soldiers in that city and the country around who are not under treatment in a U. S. hospital to report themselves to him without delay, on penalty of being considered deserters. In cases of serious disability from wounds or sickness, which may prevent obedience to this requirement, the soldier must furnish a certificate of a physician of good standing, describing his case, on which, if satisfactory, the military commander may grant a written furlough for not exceeding thirty days, or a discharge on the prescribed form of a certificate of disability, made out strictly according to the regulations. But no discharges will be given on account of rheumatism, or where there is a prospect of recovery within a reasonable time.

Military commanders may discharge men, at their own request, who exhibit to them satisfactory proof of their being paroled prisoners, of war. To other paroled men they will give furloughs until notified of their exchange or discharged the service.

{p.147}

Military commanders will report to the Adjutant-General trimonthly the names, companies, regiments, and residences of all the soldiers furloughed or discharged by them, and forward at the same time the certificates of disability in case of discharge.

They will make timely requisitions for the blanks and such other things as may be necessary for the proper execution of this order.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, June 12, 1862.

His Excellency the GOVERNOR OF MASSACHUSETTS, Boston, Mass.:

SIR: I have the honor to inform you, in reply to your letter addressed to the Secretary of War, dated 7th instant, that the hunters and marksmen therein referred to cannot be accepted as a company of sharpshooters, but may be assigned to a regiment in process of organization, in which case, however, they would receive the same arms as those furnished the entire regiment.

I am, sir, very respectfully, your obedient servant,

GEO. D. RUGGLES, Assistant Adjutant-General.

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INDIANAPOLIS, June 13, 1862.

Hon. E. M. STANTON:

Just returned after an absence of two weeks. An inquiry how soon we could raise five regiments was answered that it could be done in four or five weeks, and the question asked, Shall we raise them? No answer to this was received. If you want five regiments from Indiana you can have them. I am reorganizing the Twelfth and Sixteenth. Please answer.

O. P. MORTON, Governor of Indiana.

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WAR DEPARTMENT, Washington City, D. C., June 13, 1862.

Governor MORTON, Indianapolis:

We want all the troops you can raise, and as speedily as they can be had. Orders to that effect were directed to be sent you by the Adjutant-General, and I supposed and believed that it was done, and cannot account for their not reaching you.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., June 14, 1862.

Hon. GALUSHA A. GROW, Speaker of the House of Representatives:

SIR: A resolution of the House of Representatives has been received, which passed the 9th instant, to the following effect:

Resolved, That the Secretary of War be directed to inform this House if General Hunter, of the Department of South Carolina, has organized a regiment of South

{p.148}

Carolina volunteers for the defense of the Union composed of black men (fugitive slaves) and appointed the colonel and other officers to command them.

2. Was he authorized by the Department to organize and muster into the Army of the United States as soldiers the fugitive or captive slaves?

3. Has he been furnished with clothing, uniforms, &c., for such force?

4. Has he been furnished, by order of the Department of War, with arms to be placed in the hands of those slaves?

5. To report any orders given said Hunter and correspondence between him and the Department.

In answer to the foregoing resolution I have the honor to inform the House-

First. That this Department has no official information whether General Hunter, of the Department of South Carolina, has or has not organized a regiment of South Carolina volunteers for the defense of the Union composed of black men (fugitive slaves) and appointed the colonel and other officers to command them. In order to ascertain whether he has done so or not a copy of the House resolution has been transmitted to General Hunter, with instructions to make immediate report thereon.

Second. General Hunter was not authorized by the Department to organize and muster into the Army of the United States the fugitive or captive slaves.

Third. General Hunter, upon his requisition as commander of the South, has been furnished with clothing and arms for the force under his command without instructions as to how they should be used.

Fourth. He has not been furnished, by order of the Department of War, with arms to be placed in the hands of “those slaves.”

Fifth. In respect to so much of said resolution as directs the Secretary “to report to the House any orders given said Hunter and correspondence between him and the Department,” the President instructs me to answer that the report at this time of the orders given to and correspondence between General Hunter and this Department would, in his opinion, be improper and incompatible with the public welfare.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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EXECUTIVE DEPARTMENT, Albany, N. Y., June 14, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: From estimates based on applications already received under General Orders, No. 49, for recruits for regiments from this State, and under which none have thus far been recruited, it is manifest that not less than 25,000 men will be required for this branch of the service in addition to the new regiments to be organized. To enable me to meet the requirements of the War Department in this important subject I respectfully submit the following suggestions:

First. That existing vacancies in regiments now in service, or at least a portion of them, be retained as an incentive and reward to persons who are appointed to recruit for them, or that incomplete companies shall be consolidated and the officers sent home to recruit new companies for the numbers thus rendered vacant. The first proposition would have the advantage of affording a stimulus for exertion, as the position of persons recruiting would depend on their success; but it would to some extent prevent the promotion of meritorious officers now in service. The second plan would avoid this difficulty, but {p.149} would not present the same motive for exertion, the position of officers being fixed from the start.

Second. I would further recommend that the period of service be limited to the unexpired term of the regiments to which the recruits are to be sent. It is believed that this modification of existing regulations would greatly stimulate the recruiting service and enable me to fill up our regiments much more promptly.

Third. It is of the utmost importance, not only to the recruiting service, but to the success of the new regiments, that arrangements should be made for the payment of expenses, and that the disbursing officers on duty here should have full and definite instructions. It is presumed, also, that the proper officers will be instructed to enter into contracts for subsistence at the depots established at New York, Elmira, and Albany, and that the officers connected with departments of issue will be prepared to meet my requisitions for clothing and arms.

Should these recommendations meet the approval of the War Department, I respectfully request that the necessary orders may be issued to carry them into effect.

I have the honor to be, sir, your obedient servant,

E. D. MORGAN, Governor of New York.

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[JUNE 14, 1862.-For Thomas to Butler, authorizing the organization of 5,000 loyal white men, see Series I, Vol. XV, p. 493.]

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ATTORNEY-GENERAL’S OFFICE, June 16, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the receipt of your letter of the 7th instant, inclosing a copy of Special Orders, No. 80, and other papers, and requesting my opinion whether, under the circumstances, you had authority to issue that order.

The order in question is in these words:

2. Col. William Weer, having been illegally deposed by the Governor of Kansas, is reinstated in his position of colonel Fourth Regiment Kansas Volunteers. Any orders that may have been given by the Governor of Kansas for the consolidation of the Fourth Regiment with other Kansas troops are hereby revoked, and the regiment will preserve the organization it had prior to the issue of such order.

As your letter contains no statement of the facts under which this question arises, there are some things necessary to its intelligent consideration which I am compelled to assume as true, without explicit information; and it is only on this assumed basis of fact that I now undertake to express an opinion. If I am wrong in my assumption, you, having the means of knowing the truth, will be best able to estimate the value of my conclusions.

I assume, then, that the Fourth Regiment of Kansas Volunteers was one of the volunteer regiments accepted by the President under the provisions of the act of July 22, 1861, to authorize the employment of volunteers, &c., and as such was mustered into the service of the United States; that Col. William Weer was its commanding officer; and that since the regiment was mustered into the service of the United States, and whilst in that service, the Governor of Kansas has attempted to depose Colonel Weer from its command, and to consolidate it with other Kansas troops.

{p.150}

If these be the facts, in my opinion the action of the Governor of Kansas was without authority of law, and Order No. 80 was a proper and legal exercise of the power of the Secretary of War as the minister of the President of the United States.

By the second section of the act of July 22, 1861, the volunteers accepted by the President are made “subject to the rules and regulations governing the Army of the United States,” and they are to be formed “by the President into regiments of infantry, with the exception of such numbers of cavalry and artillery as he may direct, &c., and to be organized as in the regular service.” The same section designates the officers of these regiments and provides further for their organization.

Among the rules and regulations governing the Army of the United States, to which these volunteers are thus subjected, are the Rules and Articles of War, one of which (the 11th) declares that a commissioned officer shall not be discharged the service but by order of the President of the United States, or by sentence of a general court-martial. (Bright. Dig., 74.) This rule is as applicable to the commissioned officers of volunteers mustered into the service of the United States under the act of July 22, 1861, as it is to commissioned officers of the Regular Army. If the action of the Governor of Kansas in deposing Colonel Weer was intended to discharge him from the service, it was directly in the face of this rule, and is of course utterly illegal.

But if it was only intended to remove him from the command of the Fourth Regiment of Kansas Volunteers, it was not less illegal. For that regiment, having been accepted by the President and mustered into the service of the United States, was under the command of the President of the United States, as Commander-in-Chief, and not under the command of the Governor of Kansas. A loose idea seems to prevail in some quarters that the Governors of the States have the right to control the organization of the troops from their respective States, even after they are received into the service of the United States, and I presume it was under this impression that the Governor of Kansas attempted to interfere with the organization of the Fourth Regiment in the present instance. If so, he was greatly mistaken. It is true that by the constitutions of most, if not all, of the States, the Governor is made commander-in-chief of the militia, but he remains commander-in-chief only until the militia are called into the actual service of the United States, when, by the national Constitution (Art. II, sec. 2), the President becomes their Commander-in-Chief. It is not necessary to consider whether any distinction exists between the militia and volunteers accepted under the act of July 22, 1861, since in neither case are the troops in the service of the United States less under the command of the President, and none of the constitutional reservations in favor of militia will help the claim of the Governor of a State to interfere with the organization of a regiment from his State either by removing its officers or consolidating it with other troops after it has entered the national service. Those reservations are found in the seventeenth clause of Section 8, Article I, of the Constitution, which confers on Congress the power “to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress.” But even if the right of the Governor, under the laws of the State he represents, to appoint the officers and train the militia be unquestioned, {p.151} the power attempted to be exercised here was neither of these. It was the power to remove an officer and destroy a regimental organization, the officer and the regiment being in the national service. If the Governor can do these or either of these things, he can remove all the officers and disband all the regiments from his State. And if one Governor can do so, all the Governors of the States possess the same power. Neither is there any limit of ... time or place to its exercise. So that if the Governor of Kansas can sustain his assumption in this case, a combination of Governors might utterly disorganize an army in the face of the enemy it was called out to meet, or disband it entirely. If the power to do this or anything like it exists, it must be found in the Constitution, for the whole scope of the legislation of Congress is at war with it, being all founded on the assumption that the troops furnished from the States to the National Government are, when in its service, under the exclusive control of the President as Commander-in-Chief, subject to the rules for their organization, arming, discipline, and government which Congress may establish.

Giving to the constitutional reservations in favor of the States the most liberal construction which can be claimed for them, they confer no right on the State authorities to disturb the organization of militia or volunteer regiments in the national service, or to interfere in any way with the control which the President, under the national Constitution and laws, shall exercise over them.

Recognizing the constitutional reservation of the appointment of officers referred to, Congress, in the act of July 22, 1861, has provided that when vacancies occur in any of the companies of volunteers, the officers as high as captain shall be elected to fill them by the men of such companies, and when vacancies in the regiments occur above the rank of captain, they shall be filled by the votes of the commissioned officers of such regiment, and all officers so elected shall be commissioned by the respective Governors of the States, or by the President of the United States. But this does not by the remotest implication give to the Governor who may commission an officer the right to depose him when he is once elected, commissioned, and received into the service of the United States. By the section just quoted, the right to take away the commission is, in a certain case, given to the commander of a separate department, or a detached army, with the approval of the President, but it is nowhere given to the Governor of a State, and, in my opinion, it does not exist.

That the Governors of the loyal States have, both personally and officially, rendered most valuable and effective service to the National Government in its efforts to suppress the present insurrection is well known, and this service, with many of them, has not ended when the troops of their States entered into the employment of the United States. For the devoted and patriotic labors of some of these Chief Magistrates in ministering to the wants of their soldiers in the field will shine among the brightest incidents of the war. But these labors are in aid of the Government and with its approbation. They are performed, not because it is a legal duty imposed by Congress, or, in many instances, even by their respective States, but under the impulse of a generous humanity and patriotism. Of course, such assistance to the Government can afford no good pretext for any interference with the organization or control of regiments mustered into the national service.

It seems hardly necessary to add that if the Fourth Regiment of Kansas Volunteers have been accepted and mustered into service {p.152} under the act of July 25, 1861, Chapter XVII, or the second section of the act of July 31, 1861, Chapter XXXV, the foregoing remarks apply to them with as much force as if they had been accepted and mustered in under the act of July 22, 1861, since the two acts first named are supplementary to that act, and all its provisions are extended to those acts.

I am, therefore, clearly of opinion, if the facts above assumed be true, that you had full authority in law to issue the order in question.

I am, sir, very respectfully, your obedient servant,

EDW. BATES, Attorney-General.

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WAR DEPARTMENT, Washington City, D. C., June 16, 1862.

Major-General HUNTER, Commanding Department of the South:

GENERAL: By direction of the President, Brigadier-General Saxton has been assigned to special duty in your department for the purpose of occupying, cultivating, and taking care of the plantations under your command, and protecting, employing, and instructing the inhabitants who have not hitherto been accustomed to self-protection. He will, of course, continue to be subordinate to your authority as commander of the department. It is the desire of the President that you should afford him the aid of that authority for the performance of his special duties, and that so far as may be possible he be left free to act therein according to his instructions and circumstances that may exist. You will please place in the command of General Saxton such military guard as will enable him to protect the plantations and inhabitants thereof that may be in his charge from trespass, invasion, or intrusion, and to preserve order and enforce discipline and maintain police and sanitary regulations within his special command. You will afford him the quartermaster’s, commissary, and medical stores authorized in his instructions, a copy whereof is appended. If active military operations should be prosecuted by you for the capture of Charleston, the special duty assigned General Saxton is not designed to deprive you of his military service, but he may be assigned a command in such operations according to his rank. Under all other circumstances he will be permitted to continue in the uninterrupted performance of the special duties before mentioned.

Your obedient servant,

EDWIN M. STANTON, Secretary of War.

WAR DEPARTMENT, Washington, D. C., June 16, 1862.

Brig. Gen. R. SAXTON:

SIR: You are hereby assigned to duty in the Department of the South, to act under the orders of the Secretary of War. You are directed to take possession of all the plantations heretofore occupied by the rebels, and take charge of the inhabitants remaining thereon within the department or which the fortunes of the war may hereafter bring into it, with authority to take such measures, make such rules and regulations for the cultivation of the land and for the protection, employment, and government of the inhabitants as circumstances {p.153} may seem to require. You are authorized to exercise all sanitary and police powers that may be necessary for the health and security of the persons under your charge, and may imprison or exclude all disorderly, disobedient, or dangerous [persons] from the limits of your operations. The major-general commanding the Department of the South will be instructed to give you all the military aid and protection necessary to enable you to carry out the views of the Government. You will have power to act upon the decisions of courts-martial which are called for the trial of persons not in the military service to the same extent that a commander of a department has over courts-martial called for the trial of soldiers in his department, and so far as the persons above described axe concerned, you will also have a general control over the action of the provost-marshals.

It is expressly understood that, so far as the persons and purposes herein specified are concerned, your action will be independent of that of the other military authorities of the department and in all other cases subordinate only to the major-general commanding.

In cases of need or destitution of the inhabitants, you are directed to issue such portions of the army ration and such articles of clothing as may be suitable to the habits and wants of the persons supplied, which articles will be furnished by the quartermaster and commissary of the Department of the South upon requisitions approved by yourself. It is expected that, encouraging industry, skill in the cultivation of the necessaries of life, and general self-improvement, you will, as far as possible, promote the real well-being of all people under your supervision. Medical and ordnance supplies will be furnished by the proper officers, which you will distribute and use according to your instructions. You will account regularly with the proper bureaus of this Department and report frequently, once a week at least.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., June 17, 1862.

Hon. E. M. STANTON, Secretary of War:*

...

I inclose herewith some correspondence with the supposed consul of Great Britain upon the subject of my General Orders, No. 41, which I also submit herewith,** and also a protest received from the several consuls whose names are attached, with my reply. The truth is, as a rule, all the consuls, with perhaps the exception of the French consul, have aided the rebellion by every means, and specially by giving means of transferring the Confederate funds to Europe and buying arms and ammunition. I inclose also copies of correspondence in regard to certain sugars of Mr. Covas which relate to this subject, which will be sufficiently explicit in itself.*

...

BENJ. F. BUTLER, Major-General, Commanding.

* For portions omitted, see Series I, Vol. XV, p. 478.

** See Series I, Vol. XV, p. 483.

{p.154}

[Inclosure No. 1.]

BRITISH CONSULATE, New Orleans, La., June 14, 1862.

Maj. Gen. BENJAMIN F. BUTLER, U. S. Army, Commanding Department of the Gulf, New Orleans:

SIR: I beg to inform you that great doubt exists in the minds of British subjects who, under the provisions of your Order No. 41, are called upon to subscribe the oath therein set forth, as to the consequence of compliance with the behests of that order.

I would therefore respectfully request that you will inform me whether the oath prescribed in the first instance is intended, or in your understanding can be construed, to affect the natural allegiance they owe to the Government of their nativity.

Objections have also been very generally urged against the oath prescribed to duly registered aliens on the ground that it imposes on them (in words at least) the office of spy, and forces them to acts inconsistent with the ordinary obligations of probity, honor, and neutrality.

Hoping that I may receive such explanations as may obviate the difficulties suggested,

I have the honor to be, sir, your obedient servant,

GEORGE COPPELL, Her Britannic Majesty’s Consul.

[Enclosure No. 2.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., June 14, 1862.

GEORGE COPPELL, Esq., Acting Consul of Her Britannic Majesty, New Orleans:

SIR: I am directed by the major-general commanding to inform you that no answer is to be given to the note of George Coppell, esq., of this date, until his credentials and pretensions are recognized by his own Government and the Government of the United States. All attempts at official action on Mr. Coppell’s part must cease. His credentials have been sought for, but not exhibited.

I have the honor to be, your obedient servant,

P. HAGGERTY, Captain and Assistant Adjutant-General.

[Inclosure No. 3.]

NEW ORLEANS, June ___, 1862.

Maj. Gen. B. F. BUTLER, Commanding Department of the Gulf:

GENERAL: The undersigned foreign consuls accredited to the Government of the United States have the honor to represent that General Orders, No. 41, under date of 10th instant, contain certain clauses against which they deem it their duty to protest, not only in order to comply with their obligations as representatives of their respective Governments, now at peace and in friendly relations with the United States, but also to protect, by all possible means, such of their fellow-citizens as may be morally or materially injured by the execution of an order which they consider as contrary both to that justice which they have a right to expect at the hands of the Government of the United States and to the laws of nations.

{p.155}

The order contains two oaths, one applicable both to the native born and to such foreigners as have not claimed and received protection from their Government, &c.; the second applicable, it would seem, to such foreigners as may have claimed and received the above protection; thus, unnaturalized foreigners are divided into two categories, a distinction which the undersigned cannot admit.

The order says that the required “oath will not be, as it has never been, forced upon any;” that “it is too sacred an obligation, too exalted in its tenure, and brings with it too many benefits and privileges to be profaned by unwilling lip service;” and that “all persons shall be deemed to have been citizens of the United States who shall have been resident therein for the space of five years and upward, and if foreign born shall not have claimed and received a protection of their Government, duly signed and registered by the proper officer, more than sixty days previous to the publication of this order.”

Whence it follows that foreigners are placed on the same footing with the native-born and naturalized citizens, and in the alternative, either of being deprived of their means of existence or forced implicitly to take the required oath, if they wish to ask and do receive “any favor, protection, privilege, passport, or to have money paid them, property or other valuable thing whatever delivered to them, or any benefit of the power of the United States extended to them, except protection from personal violence.”

Now, of course, when a foreigner does not wish to submit to the laws of the country of which he is a resident, he is invariably and everywhere at liberty to leave that country; but here he does not even enjoy that privilege, for to leave he must procure a passport, to obtain which he must take an oath that he is unwilling to take, and yet that oath “is so sacred and so exalted in its tenure that it must not be profaned by unwilling lip service.”

It is true that the order excepts those foreigners who claimed and received the protection of their Government more than sixty days previous to its publication; but this exception is merely nominal, because the very great majority of foreigners never had any cause hitherto in this country to ask, and therefore to receive, “a protection of their Government.” Besides, this exception implies an interference with the interior administration of foreign Governments-an act contrary to the laws of nations. Whether the foreign residents have or have not complied with the laws and edicts of their own Governments is a matter between them and their consuls, and the undersigned deny the right of any foreign power to meddle with, and still less to enforce, the laws of their respective countries, as far as their fellow-citizens are concerned. When a consul extends the high protection of his Government to such of his countrymen as are neither naturalized nor charged with any breach of the laws of the country in which they reside, he is to be supported by a friendly Government; for it is a law in all civilized countries that if foreigners must submit to the laws of the country in which they reside, they, and, a fortiori, their consuls must, in exchange of that respect for those laws, receive due protection-that protection, in fact, which the foreigners have invariably enjoyed in this country up to the present time. Now foreigners are deprived of that protection unless they become citizens of the United States, and this is done without a warning and in opposition to the laws of the United States concerning the mode in which foreigners may become citizens of this country. The undersigned must remark that a just law can have no retroactive action and can be enforced {p.156} only from the day of its promulgation, while the order requires that acts should have been done the necessity of which was unforeseen, especially in this country.

The required oath is contrary not only to the rights, duty, and dignity of foreigners, who are all free born, but also to the dignity of the Government of the United States, and even to the spirit of the order itself.

First. Because it virtually forces a certain class of foreigners, in order to save their property, to swear “true faith and allegiance” to the United States, and thereby to “renounce and abjure” that true faith and allegiance which they owe to their own country only, while naturalization is and can be but an act of free will; and because it is disgraceful for any free man to do through motives of material interest those moral acts which are repugnant to his conscience.

If the order merely required the English oath of allegiance, it might be argued, according to the definition given by Blackstone (1, p. 370), that said oath signifies only the submission of foreigners to the police laws of the country in which they reside, but the oath as worded in the order is a virtual act of naturalization. A citizen of the United States might take the oath, although Article VI of the Federal Constitution and the act of Congress of June 1, 1789, do not require as much. But no consideration can compel a foreigner to take such an oath.

Second. Because, if according to the order the “highest title known was really that of an American citizen,” it would be the very reason why it should be sought after and not imposed upon the unwilling, whether openly or implicitly.

Third. Because, while the order advocates the “neutrality imposed upon foreigners by their sovereigns,” it virtually tends to violate that neutrality, not by forcing them openly to take up arms and bravely shed their blood in defense even of a cause that is not their own, but by enjoining upon them, if they wish to redeem their property, to descend to the level of spies and denunciators for the benefit of the United States.

The undersigned will close by remarking that their countrymen since the beginning of the war have been neutral. As such they cannot be considered and treated as a conquered population. The conquered may be submitted to exceptional laws, but neutral foreigners have a right to be treated as they have always been by the Government of the United States.

We have the honor to be, general, your most obedient servants,

JUAN CALLEJON, Consul de España. CTE. MEJAN, French Consul. JOS. DEYNOODT, Consul of Belgium. N. M. BENACHI, Greek Consul. JOSEPH LANATA, Consul of Italy. B. TERYAGHI, Vice-Consul. AL. PIAGET, Swiss Consul.

{p.157}

[Inclosure No. 4.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., June 16, 1862.

Messrs. CTE. MEJAN, French Consul; JUAN CALLEJON, Consul de España; JOSEPH DEYNOODT, Consul of Belgium; N. M. BENACHI, Greek Consul; JOSEPH LANATA, Consul of Italy; B. TERYAGHI, Vice-Consul; AL. PIAGET, Swiss Consul:

GENTLEMEN: Your protest against General Orders, No. 41, has been received.

It appears more like a labored argument in which the imagination has been drawn on for the facts to support it. Were it not that some of the idiomatic expressions of the document show that it was composed by some one born in the English tongue, I should have supposed that many of the misconceptions of the purport of the order which appear in the protest arose from the imperfect acquaintance with the peculiarities of our language. As it is, I am obliged to believe that the faithlessness of the Englishman who translated the order to you and wrote the protest will account for the misapprehensions under which you labor in regard to its terms.

The order prescribes, first, a form of oath to be taken by those who claim to be citizens of the United States, and those only, who desire to hold office, civil or military, under the laws of the United States, or who desire some act to be done in their favor by the officers of the United States in this department other than protection from personal violence, which is afforded to all. With that oath, of course, the alien has nothing to do. But there is a large class of foreign-born persons here, who, by their acts, have lost their nationalities. Familiar examples of that class are those subjects of France (Français) who, in contravention of the “code civile,” have, without authorization by the Emperor, joined themselves to (the) a military organization of a foreign State (s’affilierait à une corporation militaire étrangère) or received military commissions (fonctions publiques conférées par un gouvernement étranger) from the Governor thereof, or who have left France without intention of returning (sans esprit de retour) or, as in the case of the Greek consul, have taken the office of opener and examiner of letters in the post-office of the Confederate States, or the Prussian consul, who is still leading a recruited body of his countrymen in the rebel army. As many of such aliens had been naturalized, and many of the bad men among them had concealed the fact of their naturalization, it became necessary, in order to meet the case of these bad men, to prescribe some rule by which those foreign born, who might not be entitled to the protection of their several Governments, or had heretofore become naturalized citizens of the United States, might be distinguished from those foreigners who were still to be treated as neutrals. This rule must be a comprehensive one, and one easily to be understood, because it was for the guidance of subordinate officers who should be called upon to administer the proper oaths. Therefore it was provided that all who had resided here five years-a length of time which would seem to be sufficient evidence that they had not the intention of returning (esprit de retour) and who should not have in that time claimed certificate of nationality, called commonly a “protection” of their Government, should for this purpose be deemed prima facie, of course, American citizens, and should, if they desired any favor or protection of the Government, save from violence, take the oath of allegiance {p.158} But it is complained that the order further provides that they must have received that “protection” sixty days previous to the date of the order, so as to have the “protection” avail them.

The reason of this limitation was that as some of the consuls had gone into the rebel army, and some of the consuls had been aiding the rebellion here, and as “protections” had been given by some of the consuls to those who were not entitled to them, for the purpose of enabling the holders to evade the blockade, it was necessary to make some limitations to secure good faith.

Indeed, gentlemen, you will remember that all rules and regulations are made to restrain bad men and not the good. For instance, if I allowed the “protections” given now to avail for this purpose, that Prussian consul might give them to the whole of his militia company that live to get back; and they might come, claiming to be neutrals, as did that British Guard who sent their arms and equipments to Beauregard.

The naturalization laws of the United States were in abeyance for want of U. S. courts here. These provisions permitted all foreigners who had resided here five years and not claimed the protection of their Government who felt disposed to avail themselves of them, and thus become entitled to the high privileges of an American citizen, which so many foreigners value so greatly that they leave their own prosperous, peaceful, and happy countries to come and live here, even although allowed to enjoy those privileges in a limited degree only.

So greatly do they compliment us upon our laws that they prefer to and insist upon stopping here, even at the risk of being exposed to the chances of our intestine war, which chances they seem willing to take in preference to living in peace at home under laws enacted by their own sovereigns; but it is said that unless foreigners take the oath of allegiance they will not be allowed a “passport.” This is an entire mistake, and probably comes from confounding a “pass” through my lines, which I grant or withhold for military reasons, with a “passport,” which must be given a foreigner by his own Government.

The order refuses all “passports” to American citizens who do not take the oath of allegiance, but it nowhere meddles with the “passports” of foreigners, with which I have nothing to do. There is nothing compulsory about this order.

If a foreigner desires the privileges which the military government of this department accords to American citizens, let him take the oath of allegiance; but that does not neutralize him. If he does not wish to do so, but chooses to be an honest neutral, then let him not take the oath of allegiance, but the other oath set forth in the order.

If he chooses to do neither, but simply to remain here with protection from personal violence, a privilege he has not enjoyed in this city for several years until now, let him be quiet, live on, keep away from his consul, and be happy. For honest alien neutrals another oath was provided, which, in my judgment, contains nothing but what an honest and honorable neutral will do and maintain, and, of course, only that which he will promise to do.

But it is said that this oath compels “every foreigner to descend to the level of spies and denunciators for the benefit of the United States.”

There is no possible just construction of language which will give any such interpretation to the order. This mistake arises from a misconception of the meaning of the word “conceal,” so false, so gross, {p.159} so unjust, and illiterate that in the Englishman who penned the protest sent to me it must have been intentional; but an error, into which those not born and reared in the idioms of our language might easily have fallen.

The oath requires him who takes it not to “conceal” any wrong that has been or is about to be done in aid or comfort of the enemies of the United States. It has been read and translated to you as if it required you to reveal all such acts. “Conceal” is a verb active in our language. “Concealment” is an act done, not a thing suffered by the “concealers.” Let me illustrate this difference of meaning:

If I am passing about and see a thief picking the pocket of my neighbor and I say nothing about it unless called upon by a proper tribunal, that is not “concealment” of the theft; but if I throw my cloak over the thief to screen him from the police officer while he does it, I then “conceal” the theft. Again, I know that my neighbor is about to join the rebel army, and I go about my usual business. I do not “conceal” the fact; but if upon being inquired of by the proper authority as to where my neighbor is about to go, and I say that he is going to sea, I then conceal his acts and intentions.

Now, if any citizen or foreigner means to “conceal” rebellious or traitorous acts against the United States in the sense above given, it will be much more for his personal comfort if he gets out of this department at once.

Indeed, gentlemen, if any subject of a foreign State does not like our laws or the administration of them he has an immediate, effectual, and appropriate remedy in his own hands, alike pleasant to him and to us, and that is, not to annoy his consul with complaints of those laws, or the administration of them, or his consul wearying the authorities with verbose protests, but simply to go home. “Stay not on the order of his going, but go at once.” Such a person came here without our invitation; he will be parted with without our regrets. But he must not have committed crimes against our laws and then expect to be allowed to go home to escape the punishment of those crimes.

I must beg, gentlemen, that no more argumentative protests against my orders be sent to me by you as a body. If any consul has anything to offer for my consideration he will easily learn the proper mode of presenting it.

I have, gentlemen, the honor to be, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

[Inclosure No. 5.]

NEW ORLEANS, June 11, 1862.

[Maj. Gen. BENJAMIN F. BUTLER, Commanding Department of the Gulf:]

SIR: It has been represented to the undersigned by Mr. Covas, of the commercial firm of Covas & Negroponte, carrying on business in this city, that certain sugars bought by that firm conjointly with Messrs. Ralli, Benachi & Co., also carrying on business here, are not allowed to be sold or taken from the place in which said sugars are stored, without further orders from you.

We beg here to state that Mr. Covas represents to the undersigned that the sugars in question, 3,205 hogsheads, have been bought for and are the property of British, French, and Greek subjects, and with which fact you are already acquainted.

{p.160}

The purchases of these sugars were effected at various times, ranging from January to March last, paid for at the time of purchase in the usual manner in which such business is carried on here by foreign commercial houses when purchasing for account of distant parties, i.e., by the proceeds of bills of exchange drawn by the purchaser here upon the bona fide owner of the produce.

These transactions were strictly mercantile, and feeling assured by the proclamation issued by you under date of May 1-had they had any fears before-that this, the property of foreigners, was safe and would be accorded that protection as stated in the proclamation had been granted heretofore to such property under the U. S. laws, the purchasers of these sugars were anxious to ship them at a time when other such shipments were being made, but by your order, as stated above, were prevented, thereby entailing upon the foreign owners great loss. But as the undersigned are anxious to waive all past proceedings they beg that the order not permitting the removal of the produce in question be rescinded, and that the sugars be at the disposal of the purchasers to do with them as they may see fit, or that the undersigned, if compatible, in consideration of the interests concerned, be placed in possession of the facts which caused such order to be issued, the enforcing and existence of which materially retards and stops the legitimate business of our countrymen.

We beg to remain, sir, your obedient servants,

GEORGE COPPELL, Her Britannic Majesty’s Acting Consul. CTE. MEJAN, French Consul. N. M. BENACHI, Greek Consul.

[Enclosure No. 6.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., June 12, 1862.

Messrs. GEORGE COPPELL, claiming to be Her Britannic Majesty’s Acting Consul; E. A. MEJAN, French Consul; N. M. BENACHI, Greek Consul:

GENTLEMEN: In the matter of the sugars in possession of Mr. Covas, who is the only party known to the U. S. authorities, I have examined with care the statement you have sent me.

I had information, the sources of which you will not expect me to disclose, that Mr. Covas had been engaged in buying Confederate notes, giving for them sterling exchange, thus transferring abroad the credit of the States in the rebellion and enabling those bills of credit to be converted into bullion to be used there, as it has been, for the purpose of purchasing arms and munitions of war; that Mr. Covas was one of and the agent of an association or company of Greek merchants residing here, in London, and in Havana, who had set apart a large fund for this enterprise; that these Confederate notes so purchased by Mr. Covas had been used in the purchase of sugars and cotton, of which the sugars in question, in value almost $200,000, are a part.

I directed Mr. Covas to hold these sugars until the matter could be investigated. I am satisfied of the substantial truth of this information. Mr. Covas’ own books will show the important facts that he sold sterling exchange for Confederate Treasury notes and then bought these sugars with the notes. Now, this is claimed to be {p.161} “strictly mercantile.” It will not be denied that the sugars were intended for a foreign market, but the Government of the United States had said that with the port of New Orleans there should be no “strictly mercantile” transaction. It would not be contended for a moment that the exchanging of specie for Confederate Treasury notes and sending the specie to Europe to enable the rebels to buy arms and munitions of war there, were not a breach of the blockade, as well as a violation of neutrality laws and the proclamation of their Majesties the Queen of Great Britain and the Emperor of France.

What distinguishes the two cases, save that drawing the sterling bills is a more safe and convenient way of eluding the laws than sending the bullion in specie, and thus assist the rebellion in the point of its utmost need? It will be claimed that to assist the rebellion was not the motive for these transactions. Granted causa argumenti.

It was done for the desire of gain, as doubtless all the violations of neutrality have been done by aliens during this war-a motive which is not sanctifying to acts by a foreigner-which if done by a subject would be treason or a high misdemeanor. My proclamation of May 1 assured respect to all persons and property that were respectable. It was not an amnesty to murderers, thieves, and criminals of deeper die or less heinousness, nor a mantle to cover the property of those aiders of the rebellion, whether citizen or alien, whom I might find here. If numbers of the foreign residents here have been engaged in aiding the rebellion, either directly or indirectly, from a spirit of gain, and they now find themselves objects of a watchful supervision by the authorities of the United States, they will console themselves with the reflection that they are only getting “the bitter with the sweet.”

Nay more, if honest and quiet foreign citizens find themselves the objects of suspicion to, and even their honest acts subjects of, the investigation by the authorities of the United States to their inconvenience, they will upon reflection blame only the over rapacious and greedy of their own fellow-citizens who have by their aid to the rebellion brought distrust and suspicion over all.

Wishing to treat you, gentlemen, with every respect, I have set forth at length some of the reasons which have prompted my action.

There is one phrase in your letter which I do not understand, and cannot permit to pass without calling attention to it:

You say “the undersigned are disposed to waive all past proceedings,” &c. What “proceedings” have you, or either of you, to “waive” if you do feel disposed so to do? What right have you in the matter? What authority is vested in you by the laws of nations or of this country which gives you the power to use such language to the representatives of the United States in a quasi official communication?

Commercial agents merely of a subordinate class, consuls have no power to waive or condone any proceedings, past or present, of the Government under whose protection they are permitted to reside so long as they behave well. If I have committed any wrong to Mr. Covas, you have no power to “waive” or pardon the penalty or prevent his having redress. If he has committed any wrong to the United States, you have still less power to shield him from punishment.

I take leave to suggest as a possible explanation of this sentence that you have been so long dealing with a rebel confederation which {p.162} has been supplicating you to make such representations to the Government whose subjects you are as would induce your Sovereigns to aid it in its traitorous designs that you have become rusty in the language proper to be used in representing the claim of your fellow-citizens to the consideration of a great and powerful Government, entitled to equal respect with your own. In order to prevent all misconception, and that for the future you, gentlemen, may know exactly the position upon which I act in regard to foreigners resident here, permit me to explain to you that I think a foreigner resident here has not one right more than an American citizen, but at least one right less, i.e., that of meddling or interfering by discussion, vote, or otherwise with the affairs of the Government.

I have the honor to subscribe myself, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, June 17, 1862.

SALMON P. CHASE, Secretary of the Treasury:

SIR: Please find inclosed the draft of the Bank of Louisiana for £3,000, payable to your order on account of moneys deposited in the Bank of Louisiana to the credit of the circuit court for this circuit by the clerks and therefore belonging to the United States.

I inclose the letter of the bank for further explanation. Will you send me a receipt for the net amount of the draft, so I may adjust the same with the bank? I would suggest further that some note be made in the Adjutant-General’s Office of the transaction in case there should be any claim upon the reopening of the courts.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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GENERAL ORDERS, No. 68.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 18, 1862.

I. Whenever soldiers are discharged while absent from their companies the officers granting the discharge will furnish them with final statements for pay and certificates of discharge. The same officers, including medical inspectors, will in all cases notify the Adjutant-General and the commanding officer of the company to which the soldier belongs of the date, place, and cause of such discharge. Certificates of disability are never to be given into the hands of the soldier, but are to be forwarded to the Adjutant-General, after being completed. (See paragraphs 167 and 168, General Regulations.)

II. The act of February 13, 1862, section 2, published in General Orders, No. 15, although prohibiting the discharge of minors from the service, does not authorize their enlistment or muster into service, except with the written consent of their parents, masters, or guardians. Such consent must be taken in triplicate, and filed with triplicate copies of the muster-in rolls.

III. Officers now or hereafter detached from their regiments for signal duty will report immediately for orders to the signal officer of {p.163} the Army; after which they will not be relieved from such duty, except by orders from the Adjutant-General of the Army.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, June 18, 1862.

GOVERNOR OF MAINE:

We are in pressing need of troops. How many can you forward immediately?

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

(Same to Governors of New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Ohio, Kentucky, Indiana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, Missouri, and Kansas.)

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[JUNE 18, 1862.-For Butler to Stanton, inclosing report of Phelps, relating to the condition of the negro, &c., see Series I, Vol. XV, p. 485.]

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NEW HAVEN, June 18, 1862.

Brig. Gen. L. THOMAS, U. S. Army Adjutant-General, Washington:

SIR: Your telegram is at hand saying that you are in pressing want of troops, to which I have replied. I would add that if you want 2,000 or 3,000 troops for three-months’ service, I have no doubt I can raise them in a very few days if you can show our citizens that a necessity exists for such service. In that case they would abandon their business and readily obey your call.

I am, respectfully, your obedient servant,

WM. A. BUCKINGHAM.

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WAR DEPARTMENT, Washington City, D. C., June 18, 1862.

Brig. Gen. J. G. BLUNT, Comdg. Department of Kansas, Fort Leavenworth, Kans.:

SIR: Your letter of May 27, 1862, inclosing copy of instructions to Captain Moonlight, and of Governor Robinson’s letter of May 25, 1862, has been received. I am directed to say in reply that the subject has been referred to the Attorney-General, together with a copy of Special Orders, No. 80,* and his opinion has been received fully sustaining the authority of the Secretary of War to issue the order. He says:

Giving to the constitutional reservations in favor of the States the most liberal construction which can be claimed for them, they confer no right on the State {p.164} authorities to disturb the organization of militia or volunteer regiments In the national service, or to interfere in any way with the control which the President under national Constitution and laws shall exercise over them.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

* April 12, p. 16.

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SAINT PAUL, June 18, 1862.

Hon. EDWIN M. STANTON:

Have no troops that can leave immediately.

ALEX. RAMSEY, Governor of Minnesota.

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HARRISBURG, June 18, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

We have but one regiment preparing, which has now nearly 500 men in Camp Curtin, and it furnishes the guard for the rebel prisoners sent here by General Banks. In view of the approaching harvest and the consequent difficulty attending the recruiting service, it has been considered better to confine our efforts to filling up the old than to attempt to recruit new regiments.

A. G. CURTIN, Governor of Pennsylvania.

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MADISON, WIS., June 18, 1862.

Hon. E. M. STANTON:

Your dispatch by the Adjutant-General is received. We have no troops in the State. Our operations in trying to raise a regiment are very much delayed by failure to receive reply to my dispatch of June 3, though I have three times requested a reply.

E. SALOMON, Governor.

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GENERAL ORDERS, No. 69.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 19, 1862.

The following is published for the information and guidance of all concerned, in connection with the act of June 2, 1862, promulgated in General Orders, No. 58:

WAR DEPARTMENT, Washington City, D. C., June 16, 1862.

The Secretary of War is of the opinion that the “Act to prevent and punish fraud on the part of officers intrusted with making contracts on the part of Government,” approved June 2, 1862, applies only to such contracts as, under the laws and regulations in force at the time of its passage, were required to be in writing. The execution of the act in any other sense is utterly impracticable, and an attempt otherwise to enforce it would everywhere instantly arrest the operation of all our forces. It is therefore

Ordered, That all contracts, which by the present regulations are prescribed to be made in writing, shall hereafter he made in quintuplicate, of which four shall be disposed of according to such regulations, and one shall be sent by the officer making and signing the same to the Return Office of the Department of the Interior, {p.165} within thirty days after the contract is made, together with all proposals, and a copy of any advertisement published by him touching the same, attached and verified in the manner required by the act above specified.

EDWIN M. STANTON, Secretary of War.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, June 19, 1862.

SECRETARY OF THE TREASURY:

SIR: I have the honor to forward to you the sums which are set forth in the inclosed schedule by the drafts and acceptances which you will find, amounting to $245,760.10. The principal amounts are from deposits in the several banks to the credit of the receivers of the Confederate States and will make a fund upon which those whose property has been confiscated may have claim.

Another class is that of the credits due to the Confederate States. This of course at once vests in the Government. The claim of the Citizens’ Bank and my answer is inclosed, which will show you what has been done and the ground upon which my action has been based. You will please send me instructions. The necessary papers, where special information is needed, are furnished herewith. I have sent this money to the Treasury as coming more immediately within that Department, and not through the Adjutant-General’s Office. I have written him a note informing him of this disposition of the funds.

Will you do me the favor to acknowledge the receipt of this note?

I am, most respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

[Inclosure No. 1.]

Schedule of amounts received from several banks in New Orleans due Confederate States and forwarded to the Secretary of the Treasury June 19, 1862, by Benjamin P. Butler, major-general, commanding.

From Citizens’ Bank$215,820.89
Made up as follows, to wit:
Special accounts due C. S. Treasurer$12,465.00
C. S. receiver’s account178,897.50
C. S. quartermaster’s and commissary’s accounts24,458.39
215,820.89
From Louisiana State Bank24,076.11
Made up as follows, to wit:
Due C. S. Treasurer6,200.00
C. S. quartermaster’s accounts17,851.88
C. S. agent’s account24.23
24,076.11
From Bank of America2,850.00
Made up as follows, to wit:
Due C. S. Treasurer2,850.00
From New Orleans Canal and Banking Company2,500.00
Made up as follows, to wit:
Due C. S. Treasurer2,500.00
From Southern Bank513.1
Made up as follows, to wit:
Due C. S. Treasurer513.1
Total245,760.10 {p.166}
Schedule of drafts sent to meet this account:
Citizens’ Bank draft, 5 days’ sight, on Bank of America, New York, dated June 19, 1862215,820.89
Jacob Barker’s check on Park Bank, New York, dated June 19, 18622,500.00
Navy bill on Gideon Welles, Secretary, by William H. Higbee, paymaster, dated June 19, 186212,000.00
Draft of the assistant quartermaster on assistant treasurer of the United States, New York, dated June 19, 186215,439.21
245,760.10

[Inclosure No. 2.]

CITIZENS’ BANK OF LOUISIANA, New Orleans, June 11, 1862.

Maj. Gen. B. F. BUTLER, Commanding, New Orleans:

GENERAL: In obedience to your General Orders, No. 40,* I beg to inform you that on the 1st of May last there was to the credit of the Treasurer of the Confederate States in this bank the sum of $219,090.94, and also in special account a further sum of $12,465, and this bank holding a much larger amount in the notes of the Confederate Treasury, an equivalent amount in said Treasury notes has been set aside and is now held by the bank to offset the above-stated amounts, and which notes I will return as the property of the Confederate States under your order. Also one small tin box, marked C. S. district court.

The following-named parties have also to their credit on deposit these sums:

J. M. Huger, Confederate receiver$106,812.60
G. W. Ward, Confederate receiver72,084.90
J. C. Manning, Confederate receiver1,120.00
Maj. M. L. Smith, Confederate receiver16,026.52
Major Maclin6,814.57
Major Reichard497.30

As the deposits by the receivers were made in this bank by virtue of an order of the Confederate court in accordance with the act of the Congress, they were to that extent compulsory on the receivers as well as on the bank; to have refused to comply with the mandate of the court might have brought both parties in conflict with the constituted authorities for the time being. All of the above-mentioned deposits were made in the currency of the Confederate Government by its appointed officers.

Had the bank resumed payment or become bankrupt in the meantime these depositors would have had no claims to the coin or to a pro rata distribution of the other assets of the bank; they could only have claimed the currency deposited by them, and hence may be classed in reality special deposits of Confederate funds, payable in same in accordance with the contracts and understanding at the time. Under these circumstances the bank appeals to General Butler’s sense of equity and justice to allow these deposits to be paid, to whom it may concern, in the same currency in which they were received.

Some time during the month of November last an order of sequestration was issued to the marshal of the Confederate States to take charge of the assets of the Bank of Kentucky, then held by this bank in the usual course of business. These assets have never been removed from the bank, yet still are nominally beyond its control. I therefore respectfully request of the commanding general an order to respond {p.167} to the Kentucky banks, the owners of said assets, that the accounts may be made out accordingly and a due return forwarded to them.

The banks were informed of the seizure of their assets at the time, and one of them (the Bank of Kentucky) had a resident agent here at that time.

With great respect, your obedient,

JAMES D. DENEGRE, President.

* See Series I, Vol. XV, p. 463.

[Enclosure No. 3.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, June 18, 1862.

The return of the Citizens’ Bank to General Orders, No. 40, has been carefully examined and the various claims set up by the bank to the funds in its hands weighed.

The report finds that there is to the credit of the Confederate States $219,090.94. This of course is due in praesenti from the bank. The bank claims that it holds an equal amount of Confederate Treasury notes and desires to set off those notes against the amount so due and payable. This cannot be permitted. Many answers might be suggested to the claim; one or two are sufficient. Confederate States Treasury notes are not due till six months after the conclusion of a treaty of peace between the Confederate States and the United States. When that time comes it will be in season to set off such claims. Again, the United States being entitled to the credits due the Confederate States in the bank, that amount must be paid in money or valuable property. I cannot recognize the Confederate notes as either money or property. The bank having done so, by receiving them, issuing their banking upon them, loaning upon them, thus giving them credit to the injury of the United States, is estopped to deny their value.

The “tin box” belonging to an officer of the supposed Confederate States, being a special deposit, will be turned over in bulk, whether its contents are more or less valuable.

The bank is responsible only for safe custody. The several deposits of the officers of the supposed Confederate States were received in the usual course of business, were doubtless, some of them, perhaps largely, received in Confederate notes, but for the reason above stated can only be paid to the United States in its own constitutional currency.

These are in no sense of language “special deposits.” They were held in general account, went into the funds of the banks, were paid out in the discounts of the banks, and if called upon to-day for the identical notes put into the bank, which is the only idea of a special deposit, the banks would be utterly unable to produce them.

As well might my private banker, with whom I have deposited my neighbor’s check or draft, as money, which has been received as money and paid out as money, months afterward, when my neighbor has become bankrupt, to buy up other of his checks and drafts at a discount and pay them to me, instead of money, upon the ground that I had made a special deposit.

The respectability of the source from which this claim of the bank proceeds alone saves it from ridicule.

The United States can in no form recognize any of the sequestrations or confiscation of the supposed Confederate States, therefore {p.168} the accounts with the Bank of Kentucky will be made up and all its property will be paid over and delivered as if such attempted confiscation had never been made.

The result is, therefore, upon the showing of the bank by its return, that there is due and payable to the Confederate States, and therefore now to be paid to the United States, the sums following:

C. S. Treasury account$219,090.94
Special accounts12,465.00
Deposits by officers:
J. M. Huger, receiver106,812.60
G. W. Ward, receiver72,084.90
J. C. Manning1,120.00
M. L. Smith16,026.52
S. Maclin6,814.57
Reichard497.30
Total434,911.83

This is the legal result to which the mind must arrive in this discussion. But there are other considerations which may apply to first item of the account.

Only the notes of the Confederate States were deposited by the treasurer in the bank, and by the order of the ruling authority then here, the bank was obliged to receive them.

In equity and good conscience the Confederate States could call for nothing more than they had compelled the bank to take.

The United States succeed to rights of the Confederate States, and should only take that which the Confederate States ought to take.

But the United States not taking or recognizing Confederate notes, can only leave them with the bank, to be held by it hereafter in special deposit, as so much worthless paper.

Therefore I must direct all the items but the first to be paid to my order for the United States, in gold, silver, or United States Treasury notes at once. The first item of $219,090.94 I will refer to the home Government for adjudication, and in the meantime the bank must hold as a special deposit the amount of Confederate Treasury notes above mentioned and a like amount in bullion to await the decision.

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HEADQUARTERS, Saint Louis, June 19, 1862.

Brig. Gen. L. THOMAS, Adjutant-General:

All the volunteer regiments that Missouri has been authorized to raise for the United States are in the field and out of my control.

H. R. GAMBLE, Governor of Missouri.

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EXECUTIVE DEPARTMENT, Concord, N. H., June 19, 1862.

General L. THOMAS, Adjutant-General, Washington, D. C.:

DEAR SIR: Your telegram in relation to more troops is received. In reply I would say that our Ninth Regiment is now recruiting. The field, staff, and a portion of the line officers are appointed. Every exertion is made and inducement offered to forward enlistments; {p.169} still, owing to the season of the year, recruiting progresses much slower than heretofore. We hope to be able to send said regiment in thirty or forty days.

Respectfully, yours,

NATHANIEL S. BERRY, Governor.

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EXECUTIVE DEPARTMENT, Albany, N. Y., June 19, 1862.

General L. THOMAS, Adjutant-General, Washington, D. C.:

There are no completed regiments or companies of volunteers in the State. By consolidating fractions one, or perhaps two, regiments might be formed in a week, but it would be fatal to the success of the regiments under the recent call by depriving officers of their places and rendering the positions of others uncertain.

E. D. MORGAN.

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BRATTLEBOROUGH, June 19, 1862.

Adjt. Gen. LORENZO THOMAS, Washington, D. C.:

We are vigorously recruiting the Ninth Vermont Regiment, which will be ready for marching orders in two or three weeks. We have no troops except as we recruit them for U. S. service.

FREDERICK HOLBROOK, Governor of Vermont.

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GENERAL ORDERS, No. 70.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, June 20, 1862.

The following act of Congress is published for the information and government of all concerned:

AN ACT providing that the officers of volunteers shall be paid on the pay-rolls of the regiments or companies to which they belong.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That company officers of volunteers shall be paid on the muster and pay rolls of their company, party, or detachment, and not otherwise, except when such officer may he on detached service without troops or on leave of absence.

Approved June 18, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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ATTORNEY-GENERAL’S OFFICE, June 28, 1862.

Hon. E. M. STANTON, Secretary of War:

In my opinion of the 16th instant on the question of the power of the Governor of Kansas to depose Col. William Weer from the command of the Fourth Regiment of Kansas Volunteers and consolidate {p.170} that regiment with other Kansas troops, I referred to that section of the act of July 22, 1861 (Sec. 10), which directs the manner of filling vacancies in the company and regimental offices of regiments organized under that act, as a recognition of the constitutional reservation to the States of the right to appoint officers of such regiments. My reference to that provision was merely incidental and for the purpose of showing that the power therein given to the Governors of States to issue commissions to officers so elected did not by the remotest implication confer on them the power to depose officers who had been regularly commissioned and received into the service of the United States. But I did not mean to refer to that section of the act of July 22, 1861, as providing the method by which vacancies in company and regimental offices are to be filled. For, by the third section of the act of August 6, 1861, Chapter LVII, that section is repealed in these words:

That vacancies hereafter occurring among the commissioned officers of the volunteer regiments shall be filled by the Governors of the States, respectively, in the same manner as original appointments. And so much of the tenth section of the act approved July 22, 1861, as is inconsistent herewith, be and the same is hereby repealed.

This provision, also in recognition of the constitutional reservation referred to, of course furnishes the rule by which vacancies in the offices of volunteer regiments are to be filled, and I may add, does not any more than the section it repeals confer on the Governors who make such appointments the power to depose the officers so appointed.

This explanation, which in nowise affects the point considered in the opinion of the 16th instant, is made because I learn that the publication of a single paragraph of that opinion has created the impression that the tenth section of the act of July 22, 1862 [1861], is regarded as the existing rule for filling vacancies in company and regimental offices. Any one who reads the whole of the opinion referred to will see that the allusion to that section was not made for that purpose, but simply, as I have said, to illustrate the position that Governor Robinson could not sustain the power he claimed.

I am, sir, very respectfully, your obedient servant,

EDW. BATES, Attorney-General.

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WAR DEPARTMENT, Washington City, D. C., June 23, 1862.

Maj. Gen. B. F. BUTLER, New Orleans:

GENERAL: My dispatch to you of this date* omitted to state that you are authorized to nominate the officers of such forces as you may find it necessary to raise subject to approval by the Department, and also have discretionary power to organize a portion as home guards if you deem it expedient. That class of troops have been found very embarrassing. Your suggestions as to a qualified condonation or amnesty will be attentively considered and the President’s instructions given speedily as possible.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

* See Series I, Vol. XV, p. 493.

{p.171}

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WAR DEPARTMENT, Washington, D. C., June 23, 1862.

Governor WASHBURN, Augusta, Me.:

I have the honor to transmit to you the following order, issued by this Department:

WAR DEPARTMENT, June 21, 1862.

ORDER TO ENCOURAGE ENLISTMENTS.

Pursuant to a joint resolution of Congress to encourage enlistments in the Regular Army and volunteer forces, it is ordered that a premium of $2 shall be paid for each accepted recruit who volunteers for three years or during the war. And every soldier who hereafter enlists either in the Regular Army or volunteers for three years or during the war may receive his first month’s pay in advance upon the mustering of his company into the service of the United States, or after he shall have been mustered into and joined a regiment already in the service. This order will be transmitted to Governors of States and recruiting officers.

EDWIN M. STANTON, Secretary of War.

(Same to Governors Berry, Concord, N. H.; Holbrook, Brattleborough, Vt.; Buckingham, Hartford, Conn.; Andrew, Boston, Mass.; Sprague, Providence, R. I.; Morgan, Albany, N. Y.; Curtin, Harrisburg, Pa.; Olden, Trenton, N. J.; Burton, Dover, Del.; Tod, Columbus, Ohio; Morton, Indianapolis, Ind.; Yates, Springfield, Ill.; Ramsey, Saint Paul, Minn.; Blair, Lansing, Mich.; Salomon, Madison, Wis., and Kirkwood, Davenport, Iowa.)

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SPRINGFIELD, ILL., June 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

Governor Yates telegraphs me this morning from Washington to send the Twelfth Cavalry, Colonel Voss, to Annapolis, and orders have issued and they will leave Wednesday. The Sixty-fifth, Colonel Cameron, leaves to-morrow. I hope to get a regiment of three-months’ men off this week. Governor Yates says, accept two more regiments of three months’ if they can be raised in ten days, and hasten the regiments of three-years’ men now organizing. All this I will of course do, but to succeed I must have the active co-operation, instead of “red tape” and slow motions of U. S. quartermasters and mustering officers in this State. If you will telegraph me at Chicago to-morrow morning an order on such officers in this State to promptly honor my requisitions for transportation, clothing, and camp and garrison equipage, I will see what can be done and promise dispatch.

ALLEN C. FULLER, Adjutant-General.

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CLINTON, IOWA, June 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

One new regiment will be ready within forty days. It is raised by squads and companies all over the State and tents are indispensable, which I have not received. All other supplies received. Let me have the tents immediately. Are they on the way?

N. B. BAKER, Adjutant-General.

{p.172}

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DEPARTMENT OF STATE, Washington, June 24, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: This Department has received a communication, bearing date the 11th instant, from Major-General Butler, at New Orleans, setting forth his proceedings with reference to the Mexican Consulate in that city. I will thank you to inform that officer that those proceedings are entirely approved, and are considered to be characterized by sagacity, firmness, and decision.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, June 24, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I notice that Major-General Butler is represented to have required certain oaths from foreigners at New Orleans. Though his general right, pursuant to martial law, to make any exactions which he may deem necessary for the peace and safety of the district under his command cannot be questioned, the expediency of requiring oaths from those who do not owe a permanent allegiance to the Government is so doubtful that I am directed by the President to request you to order him to discontinue that practice for the future, and to cancel any such obligations which may thus have been compulsorily contracted. Foreigners owe temporary allegiance to the authorities wherever they may reside. From this nothing but a treaty stipulation can absolve them. In general, however, it is best to presume that they will observe this allegiance. If, however, they disregard it, the particular acts by which this disregard may be shown are liable to punishment by the civil or, if this should be silent or inadequate, by martial law. It is preferable, for the maintenance of harmonious relations with foreign powers, that misconduct on the part of their citizens or subjects within our jurisdiction should not be anticipated, but that its actual development should be awaited. When it shall have occurred, is notorious in particular instances, or shall be susceptible of due proof, their Government can not reasonably complain if the guilty parties are punished in proportion to their offense. This Department having been officially apprised by the British Legation here that Mr. Coppell had been duly appointed acting British consul at New Orleans, I will again thank you to direct General Butler to respect his official acts accordingly. It is to be regretted that the general should have deemed it advisable to issue a certain order in consequence of which that gentleman deemed it necessary formally to relinquish his consular functions. He has been requested through the British Legation here to resume them.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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CAMP LINCOLN, VA., June 24, 1862.

Brig. Gen. L. THOMAS, Adjutant-General of the Army, Washington, D. C.:

SIR: Personal matters of much importance to myself requiring my immediate return to Europe, I have the honor to tender the resignation {p.173} of the appointment I now hold of aide-de-camp, with the rank of captain, to Major-General McClellan.

I am, sir, very respectfully, your obedient servant,

LOUIS PHILIPPE D’ORLEANS, Captain and Aide-de-Camp to Major-General McClellan.

[First Indorsement.]

HEADQUARTERS ARMY OF THE POTOMAC, Camp near Harrison’s Landing, July 6, 1862.

Approved and respectfully forwarded to the Adjutant-General of the Army.

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

[Second indorsement.]

ADJUTANT-GENERAL’S OFFICE, July 10, 1862.

Respectfully referred to the Secretary of War and recommended for acceptance.

L. THOMAS, Adjutant-General.

[Third indorsement.]

WAR DEPARTMENT, July 15, 1862.

Approved.

By order of the Secretary of War:

C. P. WOLCOTT, Assistant Secretary of War.

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CAMP LINCOLN, VA., June 24, 1862.

Brig. Gen. L. THOMAS, Adjutant-General of the Army, Washington, D. C.:

SIR: Personal matters of much importance to myself requiring my immediate return to Europe, I have the honor to tender the resignation of the appointment I now hold of aide-de-camp, with the rank of captain, to Major-General McClellan.*

I am, sir, very respectfully, your obedient servant,

ROBERT D’ORLEANS, Captain and Aide-de-Camp to Major-General McClellan.

* This paper bears the same indorsements as the next, ante.

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TREASURY DEPARTMENT, June 24, 1862.

Major-General BUTLER, New Orleans:

MY DEAR GENERAL: Your success at New Orleans and your general course of administration there has given the greatest satisfaction to all your friends. Only one discordant note. I was called upon the other day by an officer of the Government, who represented that you {p.174} were availing yourself of your military command to engage in mercantile speculation, and had already made considerable shipments North on private account. I think it the duty of a faithful friend to mention this, that you may be on your guard, if need be, against the appearance of evil. I was very sorry to see that you thought it necessary to punish those thieves with death. It is a dreadful penalty for such offenders, but you would not, I know, have sanctioned its infliction if the circumstances did not demand it.

It is quite plain that you do not find it so easy to deal with the contraband question as at Fortress Monroe. Of course until the Government shall adopt a settled policy the commanding general will be greatly embarrassed by it. In my judgment it is indispensable to fix upon some principle and abide by it. Until long after Sumter I clung to my old ideas of non-interference with slavery within State limits of the National Government. It was my hope and belief that the rebellion might be suppressed and slavery left to the free disposition of the States within which the institution existed. By them I thought it certain that the removal of the institution would be gradually effected without shock or disturbance or injury, but peacefully and beneficially. But the civil war was protracted far beyond my anticipation, and with the postponement of decisive results came increased bitterness and intensified alienation of nearly the entire white population of the slave States. With this state of facts came the conviction to my mind that the restoration of the old Union with slavery untouched, except by the mere weakening effects of the war, was impossible. Looking attentively at the new state of things, I became satisfied that the great majority of the people of the United States had made up their minds that the constitutional supremacy of the National Government should be vindicated and the territorial integrity of the country be maintained, come and go what might. I became satisfied, also, that to insure the accomplishment of these great objects slavery must go. That the United States Government under the war power might destroy slavery I never doubted. I only doubted the expediency of the exercise. When I saw that to abstain from military interference with slavery was simply to contribute the whole moral and physical power of the Government to the subjugation of some 4,000,000 of loyal people to save 300,000 disloyal rebels, that doubt was gone.

In my judgment, the military order of Hunter should have been sustained. The President, who is as sound in head as he is excellent in heart, thought otherwise, and I, as in duty bound, submit my judgment to his. The language of the President’s proclamation, however, clearly shows that his mind is not finally decided. It points to a contingency in which he may recognize the same necessity. My conviction is that that contingency will soon arrive if misfortunes so great do not occur as to overthrow all anticipations.

Meanwhile, my dear general, I trust you will so proceed as you begun. Let it be understood that you are no pro-slavery man. Let all be done that can be done for the loyal people of whatever condition or complexion. Let nothing be done against them-nothing which can contribute in any degree to uphold either rebellion or despotism. Permit me to commend to your support and confidence my two special agents, Messrs. Denison and Bonzano, and to express the hope that they may be useful to your arduous duties.

Yours, most faithfully,

S. P. CHASE.

{p.175}

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DEPARTMENT OF STATE, Washington, June 25, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to inclose a note of the 23d instant addressed to this Department by the chargé d’affaires of the Mexican Republic, relative to the condition of the frontier between that country and the United States, and will thank you for any information or suggestions which may enable me to give an acceptable answer to Mr. Romero’s communication, the return of which is desired.

I have the honor to be, your very obedient servant,

WILLIAM H. SEWARD.

[Inclosure-Translation..]

MEXICAN LEGATION TO THE UNITED STATES, Washington, June 23, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State:

Mr. SECRETARY: The situation of the frontier continues to become daily more embarrassing. The dangers which I indicated to you in the note which I had the honor to address to you dated the 2d instant have become much more aggravated by the circumstance that the States called Confederate are seeking, in the concession made by the Government of Mexico to that of the United States for passing over American troops from Guaymas to Arizona, a cause for war, or at least a pretext to invade the Mexican frontier and advance upon Sonora, which has been and is the desire constantly manifested by the people of the Southern United States.

The authorities of the seceding States ordered Col. James Reily to the States of Chihuahua and Sonora to make himself sure whether such concession had been made, to ask explanations respecting it, and to threaten to make war if it should be carried out. The mission had also the object of obtaining from those States the right of entry for Confederate troops on their territory in pursuit of Indians and to establish a depot at Guaymas. I do not send you the communications which have been exchanged upon this subject between the authorities of Sonora and Colonel Reily, because they were sent to Mr. Corwin by the Government of Mexico and I suppose he sent them to the Department.

These motives increase the need of the United States, fixing its attention on the situation in which the frontier is placed, and adopting the measures which it may think suitable for anticipating armed invasions from the territory of the United States on the Mexican Republic.

I avail myself of this opportunity to reiterate to you the assurance of my most distinguished consideration.

M. ROMERO.

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CHICAGO, June 25, 1862.

EDWIN M. STANTON:

The Sixty-fifth, Colonel Cameron, 900 strong, left here last evening for Annapolis. Will send you another regiment first of next week from Springfield, and I think will have two more by the 5th and 10th {p.176} proximo. Have received no reply to my dispatch about co-operation of U. S. officers in this State, which I much need.

ALLEN C. FULLER, Adjutant-General.

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CONFIDENTIAL.]

STATE OF INDIANA, EXECUTIVE DEPT., Indianapolis, June 25, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

DEAR SIR: I desire to call your especial attention to certain matters existing in this State which, in my judgment, deeply concern the welfare and interest of both the State and General Governments.

The fact is well established that there is a secret political organization in Indiana, estimated and claimed to be 10,000 strong, the leading objects of which are to embarrass all efforts to recruit men for the military service of the United States, to embitter public sentiment and manufacture public opinion against the levying and collection of taxes to defray the expenses of the present war, and generally to create distrust in and bad feeling toward the Government and its recognized and legally constituted authorities. Another object is to circulate and foster newspapers of extremely doubtful loyalty-papers that sympathize with the rebellion and oppose and disparage continually and persistently the efforts of the Government to put down traitors and crush out treason. The sheets particularly favored in this way I believe to be the Indiana State Sentinel, published in this city; the Cincinnati Enquirer, the Dayton Empire, and the Chicago Times. They are doing incalculable injury to the Union cause, not, it is true, openly and in plain terms, but by invidious, malignant, and vituperative attacks upon Union men, by their continued apologies for the crimes committed by the leaders of the rebellion, and by their failure to condemn their cause and conduct. By means of these presses bad feeling, discontent, and a disposition to resist the laws are engendered in the minds of many citizens, not only in Indiana, but in many of the neighboring counties in Kentucky, who have become insolent and abusive toward those engaged in the military service and those who are endeavoring to raise additional troops for our armies. In regard to the course of the Sentinel I can positively state that in its sympathies it is as thoroughly opposed to our Government as the Charleston Mercury or Richmond Enquirer, even where its disguise is but transparent and does not even serve as a cloak for its real opinions and sentiments. The rebel prisoners confined in Camp Morton, in this city, regard and esteem it as their defender, ally, and friend. Recently it has published a series of articles with the intent and for the purpose of creating a distrust in the minds of the people as to the constitutionality and validity of the act of Congress making the Treasury notes issued by the Government a legal tender. I mention this particular matter only to show the general character of this sheet. Its general tone and tenor is to oppose whatever the Government favors, to show that, whatever our resources and ability may be, we cannot carry the war to a successful termination without violating and breaking down the Constitution which we profess to be fighting to preserve, asserting that the responsibility of the war rests wholly upon the North, without a single word in condemnation of the traitors of the South, charging repeatedly and boldly that the {p.177} sole aim and object is to interfere with their rights by securing the abolition of slavery.

The organization alluded to is confined to no particular locality, but evidently is in operation in every county in the State. Its members are bound by oaths and their meetings are guarded by armed men.

These facts have been coming to me for some weeks past from all parts of the State, substantiated by evidence which leaves no doubt in my mind of their truth.

I am forced to believe that the present is the most critical period in our history since the commencement of the present war.

I deem it of vital importance to the Government that immediate, vigorous, and effective steps be taken to break up these unlawful and dangerous combinations, and to correct the evils complained of. Our efforts to aid and assist in carrying out the wishes of the Government are greatly impeded; our plans are interfered with and thwarted, and the feelings of our patriotic and loyal citizens are estranged and insulted. Such a state of things cannot long exist, and if a change for the better is not effected no one can foresee the result.

As an important and necessary measure, allow me to recommend that at least ten thousand stand of good arms be furnished as early as possible for the use of our loyal citizens to be organized as militia throughout the State, under the law creating the “Indiana Legion.”

I cannot undertake the organization of this force until I know certainly that the arms will be supplied, and when. The “Legion” has already been efficiently organized in most of the counties bordering on the Ohio River. It has been very valuable as a means for raising three-years’ troops, several regiments having been almost entirely made up from it. I am confident similar results will follow after its organization in other parts of the State.

The five regiments recently called for from this State for service during the war are progressing very slowly. I have just issued a special proclamation with reference to them and hope to succeed in getting them up during the summer, but the difficulties from the causes mentioned are greatly increased.

I respectfully submit these matters for your early consideration, and trust my suggestions in regard to arms may meet with your approbation, and that some plan to correct the evils complained of may be speedily devised.

Very truly, your obedient servant,

O. P. MORTON.

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BRATTLEBOROUGH, VT., June 25, 1862.

Hon. E. M. STANTON, Secretary of War:

The Ninth Vermont Regiment is nearly full and will be ready for marching in some ten days. Probably the Tenth Regiment could be recruited in some forty to fifty days from this date, though it would be considerably above Vermont’s quota of any call yet made by Government. If the Government needs the Tenth Regiment, and you make direct requisition for it, we will raise it. Please answer immediately.

FREDK. HOLBROOK, Governor of Vermont.

{p.178}

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WAR DEPARTMENT, Washington City, D. C., June 26, 1862.

Governor HOLBROOK, Brattleborough, Vt.:

Please organize your Tenth Regiment. It is needed by the Government, and will be received if organized within the period stated in your telegram of yesterday to this Department.

EDWIN M. STANTON, Secretary of War.

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DEPARTMENT OF STATE, Washington, June 27, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I have the honor to inform you that I have just held an interview with Mr. Stuart, Her Britannic Majesty’s chargé d’affaires, in the course of which he has assured me that the letters of Mr. Coppell, the British acting consul at New Orleans, to the legation here, and everything else concerning him which has come to their knowledge, have uniformly shown entire fairness toward this Government. It is to be apprehended, therefore, that General Butler in his correspondence with Mr. Coppell, especially that which relates to certain sugars at New Orleans, must have assumed a contrary hypothesis, and that in the severity of his remarks he has done that gentleman injustice. I will, consequently, thank you to communicate the fact, and express to General Butler the President’s desire that he will do what he can toward removing from Mr. Coppell’s mind the impression of injury which he may have done to that gentleman.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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WAR DEPARTMENT, Washington City, D. C., June 27, 1862.

WILLIAM C. BARNEY, New York:

SIR: In reply to your letter of the 24th instant,* asking authority to raise a brigade to be composed of Catholics, I am directed to say that the organization of the volunteer forces is placed under the exclusive control of Governors of States. They are accepted from them by regiments, and will be arranged in brigades as the necessities of the service may require. It is probable, however, that if a brigade is raised as suggested in your letter it can be kept together. It will be necessary, however, for you to apply to the Governor of New York and have the regiments ready for acceptance before this Department can act in the matter.

By order of the Secretary of War:

C. P. WOLCOTT, Assistant Secretary of War.

* Omitted.

{p.179}

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DEPARTMENT OF STATE, Washington, June 27, 1862.

Hon. REVERDY JOHNSON, New Orleans, La.:

SIR: The President regards the renewal of commerce at New Orleans and on the Mississippi and its tributaries as a most effective means of bringing this unhappy civil strife to an end and restoring the authority of the Federal Government. Such a restoration of trade is also calculated to deprive foreign powers of all excuse for sympathy with the insurgents. Under these circumstances he deeply regrets every case of collision that occurs, even unavoidably, between the military authorities at New Orleans and the consuls, merchants, and others concerned in commerce. While he will in all cases maintain the national rights, he desires to protect and guard the national honor in intercourse with foreign nations. A correspondence between Major-General Butler and the consuls of Great Britain, France, and Greece, in regard to a certain quantity of sugars claimed by certain British, French, and Grecian merchants, has been brought to the notice of this Department through a report of Major-General Butler made to the Secretary of War. The President desires and authorizes you, in addition to the special duties already assigned to you, to examine into the merits of that transaction and to report the facts thereupon to this Department, to the end that justice may be done in the matter. The carrying this instruction into effect may detain you at New Orleans longer than was anticipated, but the importance of the business makes it advisable that it should be adjusted prior to your departure.*

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* For Johnson’s report of his mission to New Orleans, see Senate Executive Document No. 16, Thirty-seventh Congress, third session.

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COLUMBUS, OHIO, June 27, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

The Eighty-seventh Regiment (three-months’ men), over 1,000 strong, leave for Annapolis on Sunday next. The field officers are able and experienced men. Recruiting for three-years’ service progresses slowly, but steadily. Shall be able to give you three regiments by the 1st of August and the two others by the 1st of September.

DAVID TOD, Governor.

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EXECUTIVE MANSION, June 28, 1862.

Hon. W. H. SEWARD:

MY DEAR SIR: My view of the present condition of the war is about as follows:

The evacuation of Corinth and our delay by the flood in the Chickahominy has enabled the enemy to concentrate too much force in Richmond for McClellan to successfully attack. In fact, there soon will be no substantial rebel force anywhere else. But if we send all the force from here to McClellan the enemy will, before we can know of it, send a force from Richmond and take Washington. Or if a large part of the Western army be brought here to McClellan they {p.180} will let us have Richmond and retake Tennessee, Kentucky, Missouri, &c. What should be done is to hold what we have in the West, open the Mississippi, and take Chattanooga and East Tennessee without more. A reasonable force should in every event be kept about Washington for its protection. Then let the country give us 100,000 new troops in the shortest possible time, which, added to McClellan, directly or indirectly, will take Richmond without endangering any other place which we now hold and will substantially end the war. I expect to maintain this contest until successful, or till I die, or am conquered, or my term expires, or Congress or the country forsake me; and I would publicly appeal to the country for this new force were it not that I fear a general panic and stampede would follow, so hard is it to have a thing understood as it really is. I think the new force should be all, or nearly all, infantry, principally because such can be raised most cheaply and quickly.

Yours, very truly,

A. LINCOLN.

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JUNE 28, 1862.

The PRESIDENT:

The undersigned, Governors of States of the Union, impressed with the belief that the citizens of the States which they respectively represent are of one accord in the hearty desire that the recent successes of the Federal arms may be followed up by measures which must insure the speedy restoration of the Union; and believing that in view of the present state of the important military movements now in progress and the reduced condition of our effective forces in the field, resulting from the usual and unavoidable casualties of the service that the time has arrived for prompt and vigorous measures to be adopted by the people in support of the great interests committed to your charge, we respectfully request, if it meets with your entire approval, that you at once call upon the several States for such number of men as may be required to fill up all military organizations now in the field, and add to the armies heretofore organized such additional number of men as may in your judgment be necessary to garrison and hold all of the numerous cities and military positions that have been captured by our armies, and to speedily crush the rebellion that still exists in several of the Southern States, thus practically restoring to the civilized world our great and good Government. All believe that the decisive moment is near at hand, and to that end the people of the United States are desirous to aid promptly in furnishing all re-enforcements that you may deem needful to sustain our Government.

Israel Washburn, jr., Governor of Maine; N. S. Berry, Governor of New Hampshire; Frederick Holbrook, Governor of Vermont; Wm. A. Buckingham, Governor of Connecticut; E. D. Morgan, Governor of New York; Charles S. Olden, Governor of New Jersey; A. G. Curtin, Governor of Pennsylvania; A. W. Bradford, Governor of Maryland; F. H. Peirpoint, Governor of Virginia; Austin Blair, Governor of Michigan; J. B. Temple, President Military Board of Kentucky; Andrew Johnson, Governor of Tennessee; H. R. Gamble, Governor of Missouri; O. P. Morton Governor of Indiana; David Tod, Governor of Ohio; Alexander Ramsey, Governor of Minnesota; Richard Yates, Governor of Illinois; Edward Salomon, Governor of Wisconsin.

{p.181}

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WAR DEPARTMENT, Washington, D. C., June 28, 1862.

His Excellency E. D. MORGAN and THURLOW WEED, Esq., Albany, N. Y.:

Meet me at Astor House to-morrow night, the 29th instant.

WILLIAM H. SEWARD.

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[JUNE 29, 1862.-For Lincoln and Stanton to Seward, relating to McClellan’s operations on the Peninsula, &c., see Series I, Vol. XI, Part III, pp. 274, 275.]

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NEW YORK, June 30, 1862. (Received 10.45 a.m.)

Hon. EDWIN M. STANTON:

Should it be deemed expedient to place funds in the hands of Governors for replenishing the Army, how much of the Adjutant-General’s fund for collecting, organizing, and drilling volunteers is remaining and available?

WM. H. SEWARD.

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WAR DEPARTMENT, Washington City, D. C., June 30, 1862-11.10 a.m.

Hon. WILLIAM H. SEWARD, Astor House, New York:

The Adjutant-General has $9,000,000. He says that there is an officer in every State to pay expenses.

EDWIN M. STANTON.

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NEW YORK, June 30, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Am getting a foundation for an increase of 150,000. Shall have an important step to communicate to-night or to-morrow morning. Governors Morgan and Curtin here, and communicate with others by telegraph. Let me have reliable information when convenient, as it steadies my operations. Your dispatch of this morning received.

WM. H. SEWARD, Secretary of State.

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ASTOR HOUSE, New York, June 30, 1862-5 p.m. (Received 6.30 p.m.)

Hon. EDWIN M. STANTON:

The following is a copy of proposed memorial from the Governors to the President of the United States:

The undersigned, Governors of States of the Union, impressed with the belief that the citizens of the States which they respectively represent are of one accord in the hearty desire that the recent successes of the Federal arms may be followed up by measures which must insure the speedy restoration of the Union; and believing that in view of the present state of the important military movements now in progress and the reduced condition of our effective forces in the field, resulting from the usual unavoidable casualties of the service, that the time has arrived for prompt {p.182} and vigorous measures to be adopted by the people in support of the great interests committed to your charge, we respectfully request, if it meets with your entire approval, that you at once call upon the several States for such number of men as may be required to fill up all military organizations now in the field, and add to the armies heretofore organized such additional number of men as may in your judgment be necessary to garrison and hold all of the numerous cities and military positions that have been captured by our armies, and to speedily crush the rebellion that still exists in several of the Southern States, thus practically restoring to the civilized world our great and good Government. All believe that the decisive moment is near at hand, and to that end the people of the United States are desirous to aid promptly in furnishing all re-enforcements that you may deem needful to sustain our Government.

And of the proclamation the following is the proposed form of answer from the President to the Governors of States, the ___ of which are to be filled by names and numbers to suit the circumstances of the States:

To the Governor of the State of ___:

Fully concurring in the wisdom of the views expressed to me in so patriotic a manner by the Governors of the States of ___, in the communication of the ___ day of ___, I have decided to call into the service an additional force of 150,000 men. I suggest and recommend that the troops should be chiefly of infantry. The quota of your State would be ___. I trust that they may be enrolled without delay, so as to bring this unnecessary sand injurious civil war to a speedy and satisfactory conclusion.

To the PRESIDENT:

If you approve of the substance of the circular to the Governors, which I send, and will authorize me to say so, I am assured by the good and great men around me that the re-enforcements can be raised through an appeal to the country, which they are prepared to make immediately. Please answer. The papers which are sent to you are informal, and it is intended only to submit them to your inspection before the transaction is entered upon.

W. H. SEWARD.

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WAR DEPARTMENT, Washington City, D. C., June 30, 1862-9 p.m.

Hon. WILLIAM H. SEWARD, Astor House, New York:

Your programme just received and I think it all right. The President has gone to the country very tired. In morning you shall have his answer. I will send it to him immediately.

EDWIN M. STANTON.

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[JUNE 30, 1862-7 p.m.-For Stanton to Seward, relating to McClellan’s operations on the Peninsula, &c., see Series I, Vol. XI, Part III, p. 276.]

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NEW YORK, June 30, 1862. (Received 11 p.m.)

Hon. E. M. STANTON:

Will you authorize me to promise an advance to recruits of $25 of the $100 bounty? It is thought here and in Massachusetts that without such payment recruiting will be very difficult, and with it probably entirely successful.

W. H. SEWARD.

{p.183}

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NEW YORK, June 30, 1862.

To the GOVERNORS OF THE SEVERAL STATES:

The capture of New Orleans, Norfolk, and Corinth by the national forces has enabled the insurgents to concentrate a large force at and about Richmond, which place we must take with the least possible delay; in fact, there will soon be no formidable insurgent force except at Richmond. With so large an army there, the enemy can threaten us on the Potomac and elsewhere. Until we have re-established the national authority, all these places must be held, and we must keep a respectable force in front of Washington. But this, from the diminished strength of our Army by sickness and casualties, renders an addition to it necessary in order to close the struggle which has been prosecuted for the last three months with energy and success. Rather than hazard the misapprehension of our military condition and of groundless alarm by a call for troops by proclamation, I have deemed it best to address you in this form. To accomplish the object stated we require without delay 150,000 men, including those recently called for by the Secretary of War. Thus re-enforced, our gallant Army will be enabled to realize the hopes and expectations of the Government and the people.

A. LINCOLN.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, June 30, 1862.

Count MEJAN, French Consul:

I beg leave to call your attention to the fact that I have not yet received your report of the large amounts of specie placed under your charge just previous to the coming up of the fleet of the United States.

Presuming that a press of business has prevented,

I am, most respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

Statement of strength of the volunteer force in service, compiled from the latest rolls and returns on file in the Adjutant-General’s Office.

States.Cavalry.Artillery.Infantry.Aggregate.
No. of regiments.Aggregate of men.No. of regiments.Aggregate of men.No. of regiments.Aggregate of men.No. of regiments.Aggregate of men.
Maine11,1331411,0871512,220
New Hampshire76,38876,388
Vermont198776,63087,617
Massachusetts11,0752625,2222726,297
Rhode Island193921,93321,71754,589
Connecticut188098,125109,005
New York97,80866,36310082,61611596,787
New Jersey1918109,1091110,027
Pennsylvania1110,89322,0137666,9788979,884
Delaware21,60921,609
Maryland1400107,112117,512
District of Columbia21,41321,413
Virginia21,513119,9151311,428
Ohio66,19311,7938068,1158776,101
Indiana32,5545145,2085447,762
Illinois1312,22222,7725946,5347461,526
Michigan33,3851715,2542018,639 {p.184}
Kentucky54,0822722,2083226,290
Wisconsin33,30411,3341917,6252322,263
Iowa55,5101512,9082018,418
Minnesota54,11354,113
Missouri54,90822,3892115,1182822,415
Kansas21,699116,511138,210
Colorado19411941
New Mexico42,28542,285
Nebraska17501750
California*21,673117,757139,430
Tennessee76,02076,020
Washington Territory12801280
Berdan Sharpshooters21,41521,415
Indian Territory22,00022,000
Total7171,1961719,477610512,963702603,636
States.Cavalry.Artillery.Infantry.Aggregate.Grand aggregate of men in regiments and companies.
No. of companies.Aggregate of men.No. of companies.Aggregate of men.No. of companies.Aggregate of men.No. of companies.Aggregate of men.
Maine7856785613,076
New Hampshire114811486,536
Vermont223322337,850
Massachusetts326471,2761104111,64427,941
Rhode Island537953794,968
Connecticut4355115455099,514
New York1101202,325212,42699,213
New Jersey2237223710,264
Pennsylvania65782164185982780,711
Delaware1,609
Maryland4377216565428,054
District of Columbia1871871,500
Virginia32533353660612,034
Ohio7618111,241181,85977,960
Indiana172,154172,15449,916
Illinois161,4587647232,10563,633
Michigan3456345619,095
Kentucky32412244548526,775
Wisconsin22,263
Iowa2259225918,677
Minnesota3268223855064,619
Missouri4206338553751296623,381
Kansas8,210
Colorado2192217043621,303
New Mexico2,285
Nebraska325032501,000
California*5400110265029,932
Tennessee6,020
Washington Territory280
Berdan Sharpshooters1,415
Indian Territory2,000
Total655,6488810,990211,76017418,398622,034

THOMAS M. VINCENT, Assistant Adjutant-General.

WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, June 30, 1862.

* Including six regiments of infantry (3,600), five companies of cavalry (400), and one company of artillery (102); total, 4,102 men, armed, equipped, and ready for service.

{p.185}

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Consolidated abstract from returns of the U. S. Army on or about June 30, 1862.

Command.Present for duty.Aggregate present.Aggregate present and absent.Date of return.
Officers.Men.
Department of the Gulf (Butler)48011,29714,77216,451June 30, 1862.
Department of Kansas (Blunt)4038,5099,79010,770June 20, 1862.
Middle Department (Wool)70414,50716,29617,409June 30, 1862.
Department of the Mississippi (Halleck)8,290174,573215,094272,807June 30, 1862.
Department of New Mexico (Canby)992,2702,8953,525June 30, 1862.
Department of New York (Morgan)186778121,005June 30, 1862.
Department of North Carolina (Burnside)58013,79115,78219,334June 30, 1862.
Department of the Pacific (Wright)2584,8086,1767,098June 30, 1862.
Department (or Army) of the Potomac* (McClellan)4,43693,822113,895148,705June 30, 1862.
Department of the South (Hunter)75617,95821,63024,798June 30, 1862.
Army of Virginia** (Pope)3,11964,49577,08794,120June 30, 1862.
Defenses of Washington (Wadsworth)1873,6814,3584,858June 30, 1862.
State of Maine***6104122125June 30, 1862.
State of Massachusetts***22339385386June 30, 1862.
State of Michigan***3839697June 30, 1862.
State of New Hampshire***3515515June 30, 1862.
State of Ohio***541,4071,5491,794June 30, 1862.
State of Vermont36833869887June 30, 1862.
Total19,404413,205501,663624,234

* Including the Department of Virginia (Dix), which had 471 officers and 8,978 men “for duty;” aggregate present, 10,678; aggregate present and absent, 11,475.

** Two brigades (Kimball’s and Ferry’s), included in these figures, were, June 30, with a “total present” of 5,225, and an “aggregate present and absent” of 6,591, en route to the Army of the Potomac.

*** Not embraced in any military department.

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Whereas, in and by the second section of an act of Congress passed on the seventh day of June, in the year of our Lord eighteen hundred and sixty-two, entitled “An act for the collection of direct taxes in insurrectionary districts within the United States, and for other purposes,” it is made the duty of the President to declare, on or before the first day of July then next following, by his proclamation in what States and parts of States insurrection exists:

Now, therefore, be it known that I, Abraham Lincoln, President of the United States of America, do hereby declare and proclaim that the States of South Carolina, Florida, Georgia, Alabama, Louisiana, Texas, Mississippi, Arkansas, Tennessee, North Carolina, and the State of Virginia-except the following counties: Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Webster, Fayette, and Raleigh-are now in insurrection and rebellion, and by reason thereof the civil authority of the United States is obstructed, so that the provisions of the “Act to provide increased revenue from imports to pay the interest on the public debt, and for other purposes,” approved August five, eighteen hundred and sixty-one, cannot be peaceably executed, and that the taxes legally chargeable upon real estate under the act last aforesaid lying within the States and parts of States as aforesaid, together with {p.186} a penalty of fifty per centum of said taxes, shall be a lien upon the tracts or lots of the same, severally charged, till paid.

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 first day of July, in the year of our Lord eighteen hundred and sixty-two, and of the Independence of the United States of America the eighty-sixth.

ABRAHAM LINCOLN.

By the President:

F. W. SEWARD, Acting Secretary of State.

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WAR DEPARTMENT, Washington City, D. C., July 1, 1862.

Hon. WILLIAM H. SEWARD:

The existing law does not authorize an advance of the bounty, and the Department ought not to promise it. I think the measure is wise and judicious, and have heretofore urged it. I will have a conference with the Military Committee this morning, and if they sanction it the preliminary measures might proceed on that basis. Discreet persons here suggest that the call should be for 300,000 men-double the number you propose-as the waste will be large. Consider the matter. The President has not come into town yet; when he arrives you will receive his answer.

EDWIN M. STANTON, Secretary of War.

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EXECUTIVE MANSION, Washington, July 1, 1862.

Hon. WILLIAM H. SEWARD, Astor House, New York:

The President approves your plan, but suggests 200,000 if it can be done as well as the number you mention.

EDWIN M. STANTON, Secretary of War.

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NEW YORK, July 1, 1862-1 p.m.

Hon. EDWIN M. STANTON, Secretary of War:

The $25 is of vital importance. We fail without it. Can’t you pay it out of the $9,000,000 if Congress fail to alter the law? We can’t wait for debate. The iron is getting hot. Need to strike immediately. We can lift number up to high figure. President’s reply is needed. If I get this completed here to-day I go to Boston to-night.

W. H. SEWARD.

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EXECUTIVE MANSION, July 1, 1862-2 p.m.

Hon. WILLIAM H. SEWARD, Astor House, New York:

Your telegram received. I will take the responsibility of ordering the $25 bounty out of the $9,000,000 at all hazards, and you may go on that basis. I will make and telegraph the order in an hour. The President’s answer has already gone.

EDWIN M. STANTON.

{p.187}

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WAR DEPARTMENT, July 1, 1862.

Hon. WILLIAM H. SEWARD, Astor House:

Ordered, That out of the appropriation for collecting, organizing, and drilling volunteers there shall be paid in advance to each recruit for three years or during the war the sum of $25, being one-fourth the amount of the bounty allowed by law; such payment to be made upon the mustering of the regiment to which such recruit belongs into the service of the United States.

EDWIN M. STANTON, Secretary of War.

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NEW YORK, July 1, 1862-4 p.m.

Hon. EDWIN M. STANTON, Secretary of War:

The Governors respond, and the Union Committee approve earnestly and unanimously. Put the following names as subscribers to the letter addressed to the President sent to you last evening: I. Washburn, jr., Maine; N. S. Berry, New Hampshire; Frederick Holbrook, Vermont; William A. Buckingham, Connecticut; E. D. Morgan, New York; Charles S. Olden, New Jersey; A. G. Curtin, Pennsylvania; A. W. Bradford, Maryland; F. H. Peirpoint, Virginia; Austin Blair, Michigan; J. B. Temple, president Military Board of Kentucky; Andrew Johnson, Tennessee; H. R. Gamble, Missouri; O. P. Morton, Indiana; David Tod, Ohio; Alexander Ramsey, Minnesota; Richard Yates, Illinois; Salomon, Wisconsin. Add names of other Governors as you receive them. Let the President make the order, and let both papers come out-to-morrow morning’s papers if possible.

The number of troops to be called is left to the President to fix. No one proposes less than 200,000; make it 300,000 if you wish. They say it may be 500,000 if the President desires. Get the $25 advance fixed and let the terms be made known.

WM. H. SEWARD.

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WAR DEPARTMENT, Washington, D. C., July 1, 1862.

Hon. WILLIAM H. SEWARD, Parker House, Boston:

Do not the Governors of Massachusetts, Rhode Island, and Iowa respond favorably, and should not their names be subscribed to the letter?

EDWIN M. STANTON.

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EXECUTIVE MANSION, Washington, July 1, 1862.

To the Governors of Maine, New Hampshire, Vermont, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, Michigan, Tennessee, Missouri, Indiana, Ohio, Minnesota, Illinois, and Wisconsin, and the President of the Military Board of Kentucky:

GENTLEMEN: Fully concurring in the wisdom of the views expressed to me in so patriotic a manner by you in the communication of the {p.188} 28th day of June, I have decided to call into the service an additional force of 300,000 men. I suggest and recommend that the troops should be chiefly of infantry. The quota of your State would be ___. I trust that they may be enrolled without delay, so as to bring this unnecessary and injurious civil war to a speedy and satisfactory conclusion. An order fixing the quotas of the respective States will be issued by the War Department to-morrow.*

ABRAHAM LINCOLN.

* Under this call the quotas and credits were as follows, the first number indicating the quota and the second the number of men furnished: Maine, 9,609; 6,644. New Hampshire, 5,053; 6,390. Vermont, 4,898; 4,369. Massachusetts, 19,080; 16,519. Rhode Island, 2,712; 2,742. Connecticut, 7,145; 9,195. New York, 59,705; 78,904. New Jersey, 10,478; 5,499. Pennsylvania, 45,321; 30,891. Delaware, 1,720; 2,508. Maryland, 8,532; 3,586. Virginia (Western), 4,650; 4,925. District of Columbia, 890; 1,167. Ohio, 36,858; 58,325. Indiana, 21,250; 30,359. Illinois, 26,148; 58,689. Michigan, 11,686; 17,656. Wisconsin, 11,904; 14,472. Minnesota, 2,681; 4,626. Iowa, 10,570; 24,438. Missouri, 17,269; 28,324. Kentucky, 14,905; 6,463. Kansas, 1,771; 2,936. The Territory of Nebraska also furnished 1,838. Making a grand aggregate of 421,465 men furnished.

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NEW YORK, July 1, 1862-6 p.m.

Hon. EDWIN M. STANTON:

I have arranged with Governor Morgan to place the recruiting service here in an efficient condition. Have agreed upon the principal points of order for that purpose. Do not issue any orders affecting it until I see you.

C. P. BUCKINGHAM, Brigadier-General.

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WASHINGTON, July 1, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: The undersigned, commissioned by your authority “to audit and adjust all contracts, orders, and claims on the War Department in respect to ordnance, arms, and ammunition,” have the honor to submit the following report:

They met on the 17th day of March, 1862, and, after having appointed a clerk, had publication made that they were in session, and all persons interested in the cases referred to them for examination and decision were invited to appear and offer such suggestions and proofs as they might deem advisable in support of their respective claims. To this notice your letter of appointment was appended, in order that there might be no misapprehension as to your purpose in organizing the commission, or as to the powers with which it was invested. To this appeal the parties, with a single exception, have responded, and, either verbally or in writing, we have been put in possession of their views. Most of them have been examined before us under oath, and their statements, carefully taken down and revised by themselves, accompany this report, and are submitted for your consideration in support of the action which has been taken.

The cases referred to us were 104 in number, and the demands upon the Treasury which they involved amounted to about $50,000,000. All of these cases, after patient and careful investigation, have been disposed of, and special reports have been made, showing, either in {p.189} terms or by reference, the grounds of the decisions rendered.* The amount, from the payment of which the Government, by the action of this commission, will be relieved, will fall but little short of $17,000,000. This result has been reached by the rejection of some claims and contracts, by the curtailment or modification of others, and by the reduction of prices when found excessive or extravagant. We are well satisfied that no principle of law has been violated in the conclusions at which we have arrived; that considerations of equity, when these existed, have not been overlooked, and that no undue advantage has been taken of the power of the Government in dealing with its citizens. In our desire to protect, as far as practicable, the public interests no private right has been infringed, nor is it believed that any one of the contractors whose engagements have been the subject of our investigations will, if provident and reasonably skillful in the execution of his contract, suffer loss, or fail to realize a fair profit.

A longer time than was anticipated has been occupied in the discharge of our duties. The magnitude of the issues submitted to us forbade that they should be determined either hastily or in the absence of a thorough scrutiny of the merits of each claim separately considered. It has been the endeavor of the commission not only to be just, but, as far as possible, to satisfy the claimants-that we had been so. Accordingly, by repeated conferences with frank explanations offered to the parties, both as to the strict legality of the action proposed and as to its absolute necessity from considerations of public policy, we have sought to secure their acquiescence in our decisions. Our efforts in this direction have met with even unlooked for success. It may be safely affirmed that a large majority of the claimants are content with the disposition made of their cases. Many of them, public spirited citizens, have cheerfully expressed their assent; some verbally, others in writing. That amid the variety of character presented by so large a number of shrewd business men, exceptions to this should have presented themselves, will surprise no one who reflects that in every society will be found those who-setting up a distinction between honesty in public and honesty in private affairs-find it difficult to realize that the Government has any rights, or the law, which protects its treasury, any obligatory force as against their own personal interests. Such men seem to delude themselves with the belief that however much they may be bound to respect the property of its individual citizens, the country, as a whole, is a fair subject of plunder-a belief of ready growth amid the disorders consequent upon great national convulsions. A few such men we have encountered, and while our action has necessarily left upon them an unpleasant impression, it is altogether probable that their baffled schemes against the public treasury will hereafter become the basis of appeals to Congress.

As the reports made in the particular cases fully exhibit the details of our labors, a very brief résumé of their results and of the considerations suggested in the course of our investigations may here suffice.

It may be stated, generally, that we have found the system under which have been issued the numerous orders or contracts for ordnance and ordnance stores that have been referred to us strongly marked with improvidence. The amount of these orders or contracts {p.190} has been ascertained to be largely in excess of the public wants, and the prices fixed by many of them beyond necessity or reason.

The unexampled demand for arms consequent upon the sudden breaking out of the present gigantic rebellion, and the extraordinary circumstances under which the Government arsenals were drained of their best weapons before a blow was struck, afford some explanation of the excess of price referred to; yet, it must be confessed, not by any means a full and satisfactory one. It is to be traced, in a large degree, to a neglect of those common precautions which prudent men of business exercise in the conduct of their private affairs, some of which, too, had been specially provided for and required by acts of Congress.

First, as to foreign arms, it was of course absolutely necessary to resort to these in equipping, within a few months, more than half a million of men, and it was impossible, in all the workshops of Europe, to have had arms manufactured as rapidly as our public necessities required. Under such circumstances prices naturally rose, and inferior (often second-hand) arms had to some extent to be purchased.

But these difficulties were greatly aggravated by the lack of system which prevailed. The States and the General Government entered the market together as rival purchasers, and thus the members of the same national family bid directly against each other. The folly of this is the more remarkable when it is remembered that these arms bought by the States were, in fact, for the use of the General Government, and will, no doubt, in the end be paid for by it. The General Government itself employed, directly or indirectly, numerous agents not acting in unison, and often becoming, therefore, competitors of each other. A few of these made purchases directly for the Government; the greater number sprang up in the shape of “middlemen,” to whom, though not dealers in arms nor skilled in their value, contracts were awarded upon their own terms, only to be sublet to the actual importers. Under a system so ill considered, extravagance was unavoidable. It was greatly increased by many of these contracts being loosely worded and imperfectly guarded, while some were granted at prices much beyond even the highest rates which could be fairly considered as engendered by the system itself.

Two examples may here be given in illustration: In the first-that of a large contract granted to a “middleman,” who had never dealt in arms and knew nothing of their value-the reduction, partly in price and partly in quantity, effected by the action of the commission, amounted to $580,000. In the second, granted to a bona fide importer-being a contract of immense amount, namely, for upward of 188,000 guns and 38,000 sabers-the reduction in price alone, as compared with the rates paid under the contract up to the time of our decision, exceeded $1,000,000. In both these examples the reductions were ordered under proposals finally made by the parties themselves after repeated conferences with them, and accepted by the commission. Other large contracts for foreign arms, of which the owners had incurred forfeiture by failure as to times of delivery, were rescinded by the commission.

Yet, withal, it has been impossible for us to protect the Government against lamentable losses in these loose and irregular transactions. In regard to a considerable portion of these foreign arms, Government inspection was permitted in Europe before shipment, but so utterly inadequate and so incompetent was the force assigned to this duty that it became a mere empty form, devoid of all utility or protection.

{p.191}

Of this and other negligences and imprudences the practical result has been that a large proportion of our troops were armed with guns of a very inferior quality; that tens of thousands of the refuse arms of Europe are at this moment in our arsenals, and thousands more still to arrive, not one of which will outlast a single campaign, while most of them will never be issued at all, being entirely unfit to be placed in the hands of civilized troops. Add to this that in many cases these unserviceable arms were paid for at rates which, under a system of vigilance and obedience to law, would have procured improved rifles of the first class.

As regards orders or contracts for domestic arms, though the abuses in this branch are less glaring than those above referred to, yet the system here also has been essentially faulty, and the loss to the Government thence resulting very large, while evils other than excess in prices have resulted from neglect of wholesome precautions and of checks and guards strictly demanded by law.

These contracts are chiefly for the Springfield rifle musket. The quality of this weapon-the best infantry arm in the world-has been carefully and sufficiently guarded.

But, first, the orders were greatly in excess of what the Ordnance Office estimated to be the wants of the service. One million one hundred and sixty-four thousand Springfield muskets had been contracted for, while the Chief of Ordnance reports to this commission that half a million is the number actually needed for a year to come, beyond what the Springfield Arsenal can supply.

To relieve the Government as far as, with due regard to equitable considerations, lay in our power from this excess of arms, the commission, governed as to the amount in each case by its peculiar features, have made certain reductions in a large majority of these-the total reductions thus made amounting to 473,000 guns. This leaves a margin, over and above the half million estimated to be needed, of 191,000 guns for probable or possible failures to make prompt deliveries, in part or in whole, by the contractors.

The legal grounds on which the right to make these deductions rest are fully set forth in the decision in Mason’s case, No. 72. While actual investments, made in good faith, have, as far as the public interests would permit, been respected, the maxim has been recognized that the citizen must, in his dealings with the Government, as in his general conduct, be held to know the law and cannot be permitted to profit by its violation. The government of no civilized people has ever been administered on a different principle, nor, indeed, could it be.

Secondly. The price-in every instance $20 per gun, including appendages-is, the commission now believe, higher by several dollars than it need or ought to have been, at least when the contract was for a greater number than 25,000.

It is true that the vast and unnecessary number of Springfield muskets contracted for, especially at such high rates, has very sensibly increased to the manufacturer the cost of the arms by causing an unexampled demand for materials (particularly of suitable iron for gun barrels, an article of which the present supply is limited) and for skilled labor; and in the early part of our investigations this consideration, together with the want of accurate and reliable information on the subject, so far weighed with us that we confirmed the first four contracts for 50,000 guns each, made with experienced manufacturers, at the price of $20, which had been fixed by the Ordnance Office. But as we proceeded in our investigations, and as additional {p.192} evidence came before us, we became satisfied that, for any amount over 25,000, $16 per gun would afford a fair profit to the manufacturer. A contract for 40,000 of these muskets at that rate has been recently taken by an experienced and responsible firm, Messrs. E. Remington & Sons, of Ilion, N. Y. And it should be here stated that to Mr. S. Remington, of this firm, we are indebted for the first trustworthy information received touching the actual cost to private manufacturers of this arm. His public spirit, in frankly and voluntarily making this disclosure, is worthy of all commendation, and should it result, as we believe it will, in fixing the price of this gun at not exceeding $16, his action will save millions to the public treasury. It should be added that the holder of one of the contracts for 50,000 Springfield muskets confirmed by us consented, as a part of the conditions of the confirmation, that 25,000 of the guns should be paid for at $16 instead of $20 each. A similar reduction to $16 was made on the proposal of another contractor for all the guns embraced in his order over 25,000.

Thirdly. The neglect to obey the law of the 3d of March, 1809, and the stringent regulations founded upon it, which provide that all contracts for army supplies shall, except in cases of emergency requiring and admitting of “immediate delivery,” be preceded by public advertisement inviting proposals, has been prolific in evil results. Indeed, it is to the persistent disregard of this law, which for more than fifty years has been the guardian of the integrity of the contract service, that speculators and “middlemen” are indebted for the saturnalia of success they have enjoyed since the commencement of the war. Nor can such disregard of law and duty be excused on the plea that the pressing exigency of the case afforded no opportunity to conform to the provision in question, since in all the contracts for domestic arms the deliveries were fixed at distant periods of time.

That better terms might have been obtained for the Government is conclusively shown by the fact that when, a few weeks since, under your direction, proposals for the manufacture of arms were thus invited, responsible bids for the Springfield musket were put in as low as $16, while almost all fell below the price of $20.

In October last E. Remington & Sons solicited an order for the manufacture of their revolver-acknowledged to be in all respects equal to Colt’s army revolver-at $15, but could get a contract for only 5,000. At the same time an order was given to Colt’s company for an indefinite number of his army revolvers at $25, and under this there has since been delivered 31,000. That company, under the recent advertisement, proposed to furnish this revolver at $14.50, and a contract at that rate has been executed, thus proving that the charge made and submitted to was $10.50 in excess of the worth of the arm, and showing that in this single item of pistols alone there has been paid to that company within the time named at least $325,500 beyond the full value of the arms received. The proposals for sabers indicate a still more marked reduction in price-a responsible offer being made for the best cavalry sabers at $4.12, for which $8.50 has been heretofore paid, and an offer of $5 by the very party who has been, under the private contract system, receiving $8. 50.

But an enforcement of the law in regard to advertising would effect more than a mere reduction in price. It would cut up by the roots an abuse which during the present war has threatened, in this branch of the administration, serious injury, alike to the interests of the service and to the public morals. Contracts based on private proposals {p.193} favor, and indeed necessarily lead to, the creation of a class of “middlemen,” most of them mere speculators and adventurers, to whom, instead of to the manufacturers themselves, orders for supplying the wants of the Government have been often directly or indirectly granted. To this evil we have already, in a report recently printed, accompanying case No. 72, adverted at length. The class of men referred to are generally rapacious and unscrupulous, and thrust themselves between those whose interest it is to deal, and who ought in every case to deal, directly with each other-the government in need of arms and the manufacturer producing them. Having thus, through unavowed instrumentalities, obtained their contracts, many of them at once put them on the market for sale. A large manufacturer, who has failed to get a contract for muskets, assures us that within a few days past such contracts to the amount of 200,000 guns have been offered to him by these traders in Government patronage. Under a system of open competition invited by public notice, as contemplated by law, no such interposition could take place and no such class of men could exist. A few illustrations of the practical workings of the system, as it has prevailed in the Ordnance Department, may be here stated.

A holder of one of these orders or contracts for Springfield muskets appeared before the commission, as did a member of the United States Senate, and from their testimony we learned that the order had been obtained from the Secretary of War by the Senator, and that for the service he had charged and is to receive $10,000. It seems to have been in contemplation by the principal party to pay him 5 per cent. commission, being $50,000; but it was finally settled, so far as his partners were concerned, at the sum named. For this he holds the notes of the parties, who are responsible, and will no doubt make payment at the maturity of the paper in August and September next.

A large manufacturing firm being anxious to secure a contract for their pistols, and being satisfied, from some cause, that their personal application would be unavailing, employed as “middleman” or agent an individual who represented that he could obtain it for them. His success as one of the partners in a heavy beef contract given out soon after the commencement of the rebellion seems to have inspired confidence in his representation, and no doubt led to his retainer. He did not overestimate his influence; for on the 16th of October, 1861, an order was issued by the Chief of Ordnance to the firm, addressed to him, for 5,000 pistols at $20 each, for which the firm paid him $10,000. Subsequently, on the 25th of October, 1861, this firm made a written application to the Secretary of War for a contract for 10,000 of the same pistols, which, having been referred to the Chief of Ordnance, was by him reported against on the 31st of October, upon the ground that the pistol was not, in his opinion, “a desirable one for the service ;” and so the application failed.

Some time afterward a person well known to the country as having neither official position nor capital, but who had probably ascertained the preceding facts, visited-the same manufacturers at their establishment and asked them if they did not want an additional pistol contract, to which they answered that they did. He then inquired what they were willing to give for it. As a little while before they had paid $10,000 for an order for 5,000, it probably occurred to them that the same rate of compensation would be expected in this case and it was accord {p.194} ingly offered. The “middleman” then-evidently with other reasons, for the purpose of increasing his fee-urged that $22.50, instead of $20, should be charged the Government for the pistols. This was declined, the manufacturers stating that the pistols were not worth more than $20, and that at this rate they had been previously sold to the Government. The price to be paid him for his services was fixed at $2 per pistol, or $10,000 for the 5,000, for which he agreed to secure the order. He returned to Washington, and “in a week or two” the manufacturers received an order, bearing date November 28, for the 5,000 pistols, being again the same that a few weeks before had been pronounced “unserviceable” in answer to their own personal application to manufacture them. This order, from some unexplained cause, was not submitted to Congress and is not found in House Executive Document No. 67. It was, however, referred to us, and was confirmed with a reduction of the price to $18, with the assent of the parties. This change in the price has given rise to a controversy between the broker in Government patronage and his employers as to where the loss thus occasioned should fall, or whether his influence and services shall still be estimated at $10,000, or be reduced to half that sum.

In the first case referred to the commission was offered to the United States Senator because the manufacturer was assured that it was usual to pay for similar services, and he expressed to us under oath the opinion that the assurance was true, and that in a majority of cases he believed such compensation to have been made. The public are very sharpsighted in such matters, and when they are found employing, at high rates of compensation, the services of this class of men, there is no hazard in assuming that they have ascertained it is necessary for them to do so. One of the saddest consequences of this course of administration is the tendency of the public mind to press its imputations of demoralization beyond the mere broker in patronage, who, probably having little to lose in this way, is indifferent to criticism or reproach, so long as he is permitted to put money in his purse. Men are prone to believe that an influence which hawks itself about in the market rests on foundations which could not be safely laid bare; or, in other words, that what is thus openly sold has been possibly bought. Of course, no such reflections could arise in reference to a member of Congress who should feel himself justified in making pecuniary profit out of his position, in the manner suggested, since the origin and character of his influence over the administration of the executive branch of the Government are well understood. Whatever use may be made of it, its source is pure, springing, as it does, from the genius of our institutions, which gives power everywhere to the representatives of the people, in the generous confidence that it will be loyally exercised only for their protection.

For the names, dates, and other details connected with these transactions, reference is had to the written testimony which accompanies this report.**

Another deplorable consequence following the substitution of a system of private contracts for that based on advertisement and open competition is the indiscriminate condemnation which, in public journals and otherwise, such substitution has brought in its train {p.195} upon all contractors. In many cases this is wholly undeserved, and to none will the advantage be greater than to the bona fide contractors themselves of a change of system which, once in regular operation, will relieve them from imputations of dishonesty or extortion. In no class of persons are the qualities which distinguish the best business men of our country-talent, integrity, enterprise, resource, perseverance-more needed than in them. But if wholesale slurs affecting their character, because of their relations to the Government, finally render the very name of a contractor a reproach, what can be the result, except that the honest and reputable will stand back, and that their places will be filled by men careless of their good name, if only money can be made by the sacrifice?

We beg, therefore, respectfully, to urge the expediency of adhering, in all future contracts for ordnance and ordnance stores, to the principle of advertising, so earnestly impressed by the law and the regulations of your Department. This law and these regulations embody the wisdom which long years of experience have taught; and they rest upon a profound knowledge of human character-of the unscrupulous avarice that is to be baffled on the one side, and of the infirmity which is to be guarded against temptation on the other. The absolute necessity of the course suggested is more powerfully illustrated by the facts which we have brought to your notice than it would be by any arguments we could employ. This course on your part would furnish a prompt and complete remedy-and it is the only one-for the evils of extravagance and alleged demoralization, of which so much and such lamentable complaint is heard.

That vast interests and influences will array themselves against a restoration of this branch of the service to the basis of the law, may well be expected. Opposition to this great principle, which has so faithfully guarded the public treasury, has been signally manifested in past years, and the success of that opposition opened then a wide field for rapacity on the one hand and fraudulent collusion on the other. The abuse in a particular branch of the service assumed such proportions that Congress, feeling itself called upon to interfere, declared, by solemn enactment on the 31st of August, 1852, that “all contracts, of every description, which have been made without public notice having been given, shall be canceled.” While in dealing with illegal and irregular contracts we have sought to act in harmony with the spirit of this legislation, we have done so with a tenderness of regard for the interest of bona fide contractors which, it is believed, will protect our action from all imputations of harshness or injustice hereafter.

We cannot close this report without bearing testimony to the constant aid and support we have derived from Major Hagner, who has been associated with us as an advisory member of the commission. His labors have been arduous and incessant, and his thorough knowledge, as an accomplished ordnance officer, of the subject-matter of all the contracts submitted for our examination, has enabled him to render us invaluable assistance, alike in our investigations and in the preparation of our decisions.

We are, sir, very respectfully, your obedient servants,

J. HOLT, ROBERT DALE OWEN, Commissioners.

* These special reports are published in Senate Executive Document No. 72, Thirty-seventh Congress, second session.

** Omitted.

{p.196}

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COLUMBUS, OHIO, July 1, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

I am invited by the Governors of New York and Pennsylvania to join them in a call upon the President for such additional number of troops as may be necessary to speedily crush the rebellion, to which I have replied that I am already authorized to raise five regiments in addition to the four that I have recently sent to the field, and that this, in the absence of disastrous news from Richmond, is all that Ohio can readily raise, except filling up the regiments in the field. Is this answer satisfactory to you?

DAVID TOD, Governor of Ohio.

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ERIE, PA., July 1, 1862.

ABRAHAM LINCOLN, President of the United States:

In God’s name, we pray you to call out 1,000,000 and suppress this rebellion, and never countermand the order until the last man is in the field, unless the rebellious should surrender unconditionally to our forces. We have had fathers and brothers slain. Great God! subdue the rattlesnake flag if it cost all we are worth. Answer.

A. H. GRAY, And the country en masse.

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WAR DEPARTMENT, Washington, D. C., July 2, 1862.

Hon. G. A. GROW, Speaker of the House of Representatives:

SIR: On reference to the answer of this Department of the 14th ultimo to the resolution of the House of Representatives of the 9th of last month calling for information respecting the organization by General Hunter, of the Department of South Carolina, of a regiment of “volunteers for the defense of the Union composed of black men (fugitive slaves),” it will be seen that the resolution had been referred to that officer, with instructions to make immediate report thereon. I have now the honor to transmit herewith the copy of a communication just received from General Hunter, furnishing information as to his action touching the various matters indicated in the resolution.

I have the honor to be, very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF THE SOUTH, Port Royal, S. C., June 23, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: I have the honor to acknowledge the receipt of a communication from the Adjutant-General of the Army, dated June 13, 1862, requesting me to furnish you with the information necessary to answer {p.197} certain resolutions introduced in the House of Representatives June 9, 1862, on motion of the Honorable Mr. Wickliffe, of Kentucky, their substance being to inquire-

First. Whether I had organized or was organizing a regiment of “fugitive slaves” in this department;

Second. Whether any authority had been given to me from the War Department for such organization; and

Third. Whether I had been furnished by order of the War Department with clothing, uniforms, arms, equipments, &c., for such a force.

Only having received the letter covering these inquiries at a late hour on Saturday night, I urge forward my answer in time for the steamer sailing to-day (Monday), this haste preventing me from entering as minutely as I could wish upon many points of detail, such as the paramount importance of the subject calls for. But in view of the near termination of the present session of Congress, and the widespread interest which must have been awakened by Mr. Wickliffe’s resolutions, I prefer sending even this imperfect answer to waiting the period necessary for the collection of fuller and more comprehensive data.

To the first question, therefore, I reply that no regiment of “fugitive slaves” has been or is being organized in this department. There is, however, a fine regiment of persons whose late masters are “fugitive rebels “-men who everywhere fly before the appearance of the National flag, leaving their servants behind them to shift, as best they can, for themselves. So far, indeed, are the loyal persons composing this regiment from seeking to avoid the presence of their late owners that they are now, one and all, working with remarkable industry to place themselves in a position to go in full and effective pursuit of their fugacious and traitorous proprietors.

To the second question I have the honor to answer that the instructions given to Brig. Gen. T. W. Sherman by the Hon. Simon Cameron, late Secretary of War, and turned over to me by succession for my guidance, do distinctly authorize me to employ all loyal persons offering their services in defense of the Union, and for the suppression of this rebellion, in any manner I might see fit, or that the circumstances might call for.* There is no restriction as to the character or color of the persons to be employed or the nature of the employment, whether civil or military, in which their services should be used. I conclude, therefore, that I have been authorized to enlist “fugitive slaves” as soldiers, could any such be found in this department. No such characters, however, have yet appeared within view of our most advanced pickets, the loyal slaves everywhere remaining on their plantations to welcome us, aid us, and supply us with food, labor, and information. It is the masters who have in every instance been the “fugitives,” running away from loyal slaves as well as loyal soldiers, and whom we have only partially been able to see, chiefly their heads over ramparts, or, rifle in hand, dodging behind trees in the extreme distance. In the absence of any “fugitive master law” the deserted slaves would be wholly without remedy, had not the crime of treason given them the right to pursue, capture, and bring back those persons of whose protection they have been thus suddenly bereft.

To the third interrogatory it is my painful duty to reply that I never have received any specific authority for issues of clothing, uniforms, arms, equipments, &c., to the troops in question. My general {p.198} instructions from Mr. Cameron to employ them in any manner I might find necessary, and the military exigencies of the department and the country being my only, but, in my judgment, sufficient, justification. Neither have I had any specific authority for supplying these persons with shovels, spades, and pickaxes, when employing them as laborers, nor with boats and oars when using them as lightermen; but these are not points included in Mr. Wickliffe’s resolution. To me it seemed that liberty to employ men in any particular capacity implied with it liberty also to supply them with the necessary tools, and acting upon this faith I have clothed, equipped, and armed the only loyal regiment yet raised in South Carolina.

I must say, in vindication of my conduct, that had it not been for the many other diversified and imperative claims on my time and attention a much more satisfactory result might have been hoped for, and that in place of only one, as at present, at least five or six well-drilled, brave, and thoroughly acclimated regiments should by this time have been added to the loyal forces of the Union. The experiment of arming the blacks, so far as I have made it, has been a complete and even marvelous success. They are sober, docile, attentive, and enthusiastic, displaying great natural capacities for acquiring the duties of the soldier. They are eager, beyond all things, to take the field and be led into action; and it is the unanimous opinion of the officers who have had charge of them that in the peculiarities of this climate and country they will prove invaluable auxiliaries, fully equal to the similar regiments so long and successfully used by the British authorities in the West India Islands.

In conclusion, I would say it is my hope, there appearing no possibility of other re-enforcements, owing to the exigencies of the campaign in the Peninsula, to have organized by the end of next fall and to be able to present to the Government from 48,000 to 50,000 of these hardy and devoted soldiers.

Trusting that this letter may form part of your answer to Mr. Wickliffe’s resolutions,

I have the honor to be, most respectfully, your very obedient servant,

D. HUNTER, Major-General, Commanding.

* See Series 1, Vol. VI, p. 176.

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BOSTON, July 2, 1862-10.60 a.m.

Hon. E. M. STANTON, Secretary of War:

Governor Andrew sends you his earnest and satisfactory response. Governor Sprague is at Washington, and must have failed to receive the telegram addressed to him at Providence by the Governors. The Governor of Iowa was not reached. The Senators from that State might authorize you to append his name.

W. H. SEWARD.

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BOSTON, MASS., July 2, 1862-11 a.m.

Hon. EDWIN M. STANTON, Secretary of War:

Finished business here satisfactorily and start for Cleveland at 2 o’clock, where I will meet the Governors of several States. Shall Stager go with me? Answer.

W. H. SEWARD.

{p.199}

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WAR DEPARTMENT, Washington City, D. C., July 2, 1862-12.40 p.m.

Hon. WILLIAM H. SEWARD, Boston, Mass.:

Take Stager with you.

EDWIN M. STANTON, Secretary of War.

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BOSTON, July 2, 1862-10.20 a.m.

Hon. E. M. STANTON:

I have telegraphed to Governor Morgan as follows:

The recruiting service, including supplies of quartermaster’s and ordnance stores, subsistence expenses, and mustering of New York volunteers, will be placed entirely under your control. The details of the order will be transmitted to you as soon as possible.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

The Governor desires to issue his proclamation to-day. Please notify him at Albany if you approve or disapprove of this assurance, and me at Parker House, Boston.

C. P. BUCKINGHAM, Brigadier-General.

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WAR DEPARTMENT, Washington, D. C., July 2, 1862.

General BUCKINGHAM, Parker House, Boston:

Your arrangement in respect to recruiting is approved. The Department will sanction and confirm whatever arrangement you deem expedient for the service.

EDWIN M. STANTON, Secretary of War.

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BOSTON, July 2, 1862-11 a.m.

Hon. E. M. STANTON, Secretary of War:

I cordially respond to the President’s call for troops. The bounty of $25 should be paid as fast as a company (not a regiment) is mustered in. Then the first ten companies may be massed into a regiment, and so oil. No effort ever has been, nor ever will be, spared to meet or anticipate any wish expressed by your Department.

Always, faithfully,

JOHN A. ANDREW.

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ALBANY, N. Y., July 2, 1862.

The PRESIDENT:

Is the call for 300,000 or for 200,000 volunteers? It appears in all the New York papers for 300,000.

E. D. MORGAN, Governor of New York.

{p.200}

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WAR DEPARTMENT, Washington, D. C., July 2, 1862.

Governor E. D. MORGAN, Albany, N. Y.:

It was thought safest to mark high enough. It is 300,000.

A. LINCOLN.

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WAR DEPARTMENT, Washington City, D. C., July 2, 1862.

Governor MORGAN, Albany, N. Y.:

The arrangement for recruiting made by General Buckingham and communicated by him to you is approved and confirmed by this Department.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 8, 1862.

Maj. Gen. B. F. BUTLER, Commanding, &c., New Orleans, La.:

GENERAL: I wrote you last under date of the 29th ultimo,* and have now to say that your dispatch of the 18th ultimo, with the accompanying report of General Phelps concerning certain fugitive negroes that have come to his pickets, has been considered by the President.**

He is of opinion that under the law of Congress they cannot be sent back to their masters; that in common humanity they must not be permitted to suffer for want of food, shelter, or other necessaries of life; that to this end they should be provided for by the quartermaster’s and commissary departments, and that those who are capable of labor should be set to work and paid reasonable wages.

In directing this to be done the President does not mean at present to settle any general rule in respect to slaves or slavery, but simply to provide for the particular case under the circumstances in which it is now presented.

I am, general, very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

* See Series I, Vol. XV, p. 515.

** Ibid., p. 486.

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AUBURN, July 2, 1862.

Hon. E. M. STANTON:

The news determines me to return immediately to Washington. Buckingham goes to Cleveland to explain to gentlemen there.

WILLIAM H. SEWARD.

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PRIVATE AND CONFIDENTIAL.]

WASHINGTON, D. C., July 3, 1862-10.20 a.m.

Governor WASHBURN, Augusta., Me.:

MY DEAR SIR: I should not want the half of 300,000 new troops if I could have them now. If I had 50,000 additional troops here {p.201} now I believe I could substantially close the war in two weeks. But time is everything, and if I get 50,000 new men in a month I shall have lost 20,000 old ones during the same month, having gained only 30,000, with the difference between old and new troops still against me. The quicker you send the fewer you will have to send. Time is everything. Please act in view of this. The enemy having given up Corinth, it is not wonderful that he is thereby enabled to check us for a time at Richmond.

Yours, truly,

A. LINCOLN.

(Same to Governors Berry, Concord, N. H.; Holbrook, Brattleborough, Vt.; Buckingham, Hartford, Conn.; Andrew, Boston, Mass.; Sprague, Providence, R. I.; Morgan, Albany, N. Y.; Curtin, Harrisburg, Pa.; Olden, Trenton, N. J.; Tod, Columbus, Ohio; Morton, Indianapolis, Ind.; Yates, Springfield, Ill.; Ramsey, Saint Paul, Minn.; Blair, Lansing, Mich.; Salomon, Madison, Wis., and Kirkwood, Davenport, Iowa.)

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NEW HAVEN, July 2, 1862.

President LINCOLN:

I will spare no effort to raise men, but fear I [can] do little to meet immediate necessity.

WM. A. BUCKINGHAM, Governor.

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INDIANAPOLIS, IND., July 2, 1862.

Hon. E. M. STANTON, Secretary of War:

We have 1,600 three-months’ men guarding rebel prisoners. These prisoners can be distributed among the prison camps in Illinois and Ohio, I am informed, without requiring additional guards. If this is done, these troops, who are in good condition, having nearly three months to serve, can be sent East. Do you want thirteen regiments from Indiana? If so, I will strain every nerve to furnish them at earliest moment. Please answer immediately. I am now raising five regiments, but the work tardy. I think I can raise fifteen sooner on a new system.

O. P. MORTON, Governor.

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PORTLAND, July 2, 1862.

E. M. STANTON, Secretary of War:

Have President’s telegram. Recruiting for three years is terribly hard. Shall be obliged to resort to drafting unless I can be authorized to take volunteers for three or six months. Will do the best possible.

I. WASHBURN, JR.

{p.202}

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WAR DEPARTMENT, Washington City, D. C., July 3, 1862.

Governor ANDREW, Boston, Mass.:

Your telegram of yesterday received, and I thank you for your assurance of co-operation.

EDWIN M. STANTON.

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BOSTON, July 3, 1862-2.30 p.m.

ABRAHAM LINCOLN, President:

SIR: If you wish militia for three months, Massachusetts can furnish several thousand within the period named by you.

Your obedient servant,

JOHN A. ANDREW, Governor.

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TRENTON, July 3, 1862.

Hon. A. LINCOLN, President of the United States:

I received your dispatch. I will hurry forward every available man in the shortest possible time. I have not yet received any information as to our quota from the War Department, or any communication whatever. Please send requisition.

C. S. OLDEN, Governor.

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EXECUTIVE DEPARTMENT, Trenton, N. J., July 3, 1862.

His Excellency Hon. ABRAHAM LINCOLN:

SIR: Since telegraphing you this morning I have further considered your telegram. Your desire is to have men at an early day. That end could be best attained by calling the volunteers for but six months, and by paying each when enlisted, and before mustered in, a month’s pay. This to be in addition to the $25 bounty when mustered in.

As to calling the men for but six months, the Government must determine. It would render enlistments more easy, but has its disadvantages. If any of our regiments are for only six months, all must be, as it would prevent our enlisting men for three years, and it would also interfere with our supplying their places at the end of six months. My own impression is (if not improper for me to express it) that General McClellan might better be re-enforced by men in the field, even if it could only be done by abandoning for the time some points now held by our troops, and the States raise their troops for the war. I simply state the fact that we can raise regiments more readily for six months than for three years. The giving a month’s pay when enlisted and before mustered, that the volunteer may make provision for his family when he leaves, I think quite important. This State gives a bounty of $6 a month to each volunteer, but by our law it can’t be paid in advance. If the Secretary of War will authorize this State to pay to each volunteer when enlisted a month’s {p.203} pay, the State will make the advance, take an assignment from the volunteer, and look to the Government to reimburse the State when the regiment is mustered. This might occasion a little loss to the Government from a few who might enlist but fail to be mustered, but the facility it would give to mustering would more than compensate for such loss. I think the Secretary of War better write authorizing me to pay the month’s pay when the volunteer is enlisted.

Very respectfully, your obedient servant,

CHS. S. OLDEN.

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WAR DEPARTMENT, Washington City, D. C., July 3, 1862.

Governor HOLBROOK, Brattleborough, Vt.:

Please send your new regiment here immediately. We will give them on their arrival here the Springfield musket, which I understand they prefer.

EDWIN M. STANTON, Secretary of War.

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BRATTLEBOROUGH, July 3, 1862-6 p.m.

E. M. STANTON, Secretary of War:

Cannot send Ninth Regiment immediately as you request, because the delay introduced by change of mustering and disbursing officer. Without the change regiment could have left next Monday. With it there will be delay of week or more. Before regiment leaves the officers of companies must be settled with for recruiting and subsisting of men, so they can settle and pay what they owe for assistance. When we undertook to raise you troops we did not expect this embarrassment.

FREDK. HOLBROOK.

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MADISON, WIS., July 3, 1862.

Hon. A. LINCOLN, President of the United States:

Governor Salomon has gone to Cleveland on call of Secretary Seward. We have been called upon for only one regiment, and are raising it as rapidly as possible.

W. H. WATSON, Private Secretary.

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CINCINNATI, OHIO, July 4, 1862-8.45 a.m.

Hon. EDWIN M. STANTON:

May not Kentucky raise a portion of the new call for twelve-months’ men? Can get better men and more expeditious. Answer to Covington, Ky.

JNO. W. FINNELL, Adjutant-General of Kentucky Volunteers.

{p.204}

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WAR DEPARTMENT, Washington City, D. C., July 4, 1862.

JOHN W. FINNELL, Adjutant-General of Kentucky, Covington, Ky.:

The Government will receive all the infantry troops that you can raise in Kentucky and as fast as they can be raised.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington, D. C., July 4, 1862.

Governor MORTON, Indianapolis, Ind.:

Your telegram to the President has been received. Distribute the prisoners in the manner you propose and forward the three-months’ troops rapidly as possible. Give us the fifteen regiments if you can do so, and at the earliest moment, raising them on any plan you deem most expedient.

EDWIN M. STANTON, Secretary of War.

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CLEVELAND, July 4, 1862.

His Excellency the PRESIDENT:

When I sent you my dispatch yesterday I had not seen your call for 300,000 men. Indiana will furnish her full quota.

O. P. MORTON., Governor of Indiana.

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INDIANAPOLIS, July 4, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

The Fifteenth and Seventeenth Batteries Indiana Artillery, with 120 men each, will start to Baltimore to-morrow. They can fill up immediately if permitted to recruit from three-months’ volunteers guarding rebels. Will you order the transfers to be made?

O. P. MORTON.

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WAR DEPARTMENT, Washington City, D. C., July 4, 1862-9.20 p.m.

Governor MORTON, Indianapolis:

You may fill up your batteries in the manner proposed in your telegram just received and send them on. This telegram may stand as an order for the transfer to be made.

EDWIN M. STANTON, Secretary of War.

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HARRISBURG, July 4, 1862. (Received 9.10 p.m.)

ABRAHAM LINCOLN, President:

Your dispatch received. Everything possible will be done in this State to meet the demands of the Government for additional troops {p.205} in the present emergency, and with the utmost promptness. We are making arrangements for that proposed now. We will require at least 30,000 men to supply the losses of our regiments now in the field. We are not informed as to the number of new regiments you will ask from this State. No doubt we will get that information from the Secretary of War, and of enlistments and inducements by bounties, advance of pay, &c. I suggest that if the enlistments were made for a shorter time, say six months, it would greatly increase our numbers and hasten the formation of regiments. Have the kindness to mention the subject to Mr. Stanton and I will not telegraph him.

A. G. CURTIN.

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WAR DEPARTMENT, Washington City, D. C., July 4, 1862.

Governor CURTIN, Harrisburg, Pa.:

General Buckingham has been conferring with some of the Northern and Western Governors in respect to the new recruits, and as soon as he returns specific instructions will be given. It is designed to leave the matter as far as possible in the hands of the respective Governors until the troops are mustered into service. This course, it is believed, will be most uniform and efficient.

EDWIN M. STANTON, Secretary of War.

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EXECUTIVE CHAMBER, Harrisburg, Pa., July 4, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I inclose a note just received from Governor Burton, of Delaware. I consider it important that his name should be appended to the call upon the President, as he represents a Border State, and the sentiment of his communication is admirable.

I am, with much respect, your obedient servant,

A. G. CURTIN.

[Inclosure.]

MILFORD, July 2, 1862.

Governor A. G. CURTIN:

DEAR SIR: I cordially join the several Governors of the loyal States to request the President to call out as many men as will be sufficient to crush this rebellion.

Yours, &c.,

WILLIAM BURTON, Governor of Delaware.

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CLEVELAND, July 5, 1862-9.10 a.m. (Received 10 a.m.)

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

Have met Governors Tod, Morton, Blair, and Salomon, and Temple, of Kentucky. All feel right and will do their duty.

C. P. BUCKINGHAM, Brigadier-General.

{p.206}

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DAVENPORT, IOWA, July 5, 1862. (Received 10 p.m. 6th.)

ABRAHAM LINCOLN, President of the United States:

The Eighteenth Iowa Infantry is rapidly organizing. Shall have it ready in about thirty days. Our harvesting prevents rapid recruiting just now. Iowa will do her duty. She has furnished already seventeen regiments of infantry, five regiments of cavalry, and three batteries of artillery. If you want a regiment of three-months’ men they could easily be raised.

SAML. J. KIRKWOOD, Governor of Iowa.

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ADJUTANT-GENERAL’S OFFICE, Washington, July 5, 1862.

Brig. Gen. J. M. SCHOFIELD, Headquarters Missouri State Militia, Saint Louis, Mo.:

GENERAL: I have the honor to acknowledge receipt of your letter of May 26* asking information respecting the appointment of staff officers for the Missouri State Militia, and in reply to inform you that it is the intention of the Government to organize the force referred to with the same number of officers as is contained in the organization of the regiments of the Army. Paymasters therefore should in all cases be governed by the rules prescribed for such organization.

I am, general, very respectfully, your obedient servant,

THOMAS M. VINCENT, Assistant Adjutant-General.

* Omitted.

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SPRINGFIELD, ILL., July 6, 1862-10 p.m. (Received 10.20 a.m. 7th.)

Hon. EDWIN M. STANTON, Secretary of War:

Governor and adjutant-general in Chicago. Sixty-eighth Regiment Illinois, three-months’ volunteers, 907 strong, well armed and equipped, left for Annapolis, via Wheeling and Cumberland, this p.m., Lieut. Col. H. L. Taylor commanding. Calls for more troops will receive prompt attention on arrival of Governor and Adjutant-General Fuller to-night.

JNO. S. LOOMIS, Assistant Adjutant-General of Illinois.

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GENERAL ORDERS, No. 74.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 7, 1862.

I. The following resolution of Congress is published for the information of all concerned:

A RESOLUTION to encourage enlistments in the Regular Army and Volunteer forces.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the ninth section of the act approved August third, eighteen hundred and sixty-one, entitled “An act for the better organization of the military establishment,” as abolishes the premium paid for bringing accepted recruits to the rendezvous, be and the same is hereby repealed, and hereafter a premium of two dollars shall be paid to any citizen, non-commissioned officer, or {p.207} soldier, for such accepted recruit for the Regular Army [as] he may bring to the rendezvous. And every soldier who hereafter enlists, either in the Regular Army or the volunteers, for three years or during the war, may receive his first month’s pay in advance, upon the mustering of his company into the service of the United States, or after he shall have been mustered into and joined a regiment already in the service.

Approved June 21, 1862.

II. For the $2 premium, regular service, the form of receipt roll annexed* will be used as a consolidated voucher for the payments. The payments will be made from recruiting funds, and so soon as the recruit is accepted by the recruiting officer.

III. For volunteer recruits for old regiments there will be paid a premium of $3, and for those entering new regiments a premium of $2. The premium may be paid either to the person bringing the recruit, or to the recruit in person, in case he presents himself.

These payments will be made so soon as the recruit has been inspected by the surgeon and mustered into the service.

The amounts will be entered on the muster-in roll, opposite the names of the recruits so paid, and charged to the fund for “collecting, drilling, and organizing volunteers.”

For a voucher, a modified form of that used in the regular service may be used.

IV. The month’s pay in advance for regular and volunteer recruits will be paid under such regulations as the Paymaster-General may establish.

V. During the continuance of the existing war $25 of the $100 bounty previously authorized by act of Congress will be paid to every recruit of the regular and volunteer forces.

These payments will be made as follows, viz:

1. To volunteer recruits for the old regiments when the said recruits are inspected and mustered into the service, and to those of the new regiments when their companies are organized, muster-in rolls made out, and the mustering officer’s certificate given thereto. The amounts will be entered on the muster-in rolls, apposite the name of the recruits, respectively, and charged under the head of “Expenses of volunteer recruiting service.” To this end an account current separate from that for the fund for “collecting, drilling, and organizing volunteers” will be used, but the “volunteer recruiting fund” will be disbursed by the regularly appointed mustering and disbursing officers.

2. To recruits for the regular service when the recruit has been passed by the “board of inspectors,” at the regimental or general service depot, as the case may be. The amounts under this head will be paid from the recruiting funds and entered on the recruiting account current opposite the names of the recruits, respectively; and also on the first descriptive list of the soldier; whenever this list is given before bounty has been paid an entry-” $25 bounty due for enlistment “-will be made thereon.

In case of re-enlisted soldiers, the entry, as to payment or nonpayment, will be made on the first muster-roll, and the superintendent of the recruiting service will be notified of the fact.

3. Vouchers for payment will be in the form of consolidated receipt rolls.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

* Omitted.

{p.208}

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WAR DEPARTMENT, Washington City, D. C., July 7, 1862.

Hon. E. D. MORGAN, Governor of New York, Albany:

You are requested to raise as soon as practicable for the U. S. service, for three years or during the war, twenty-eight regiments of volunteer infantry, being a part of your quota under the call of the President.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Similar dispatch to Hon. Charles S. Olden, Governor of New Jersey, Trenton, N. J., calling for five regiments; to Hon. Andrew G. Curtin, Governor of Pennsylvania, Harrisburg, Pa., calling for twenty-one regiments; to Hon. William Burton, Governor of Delaware, Dover, Del., calling for one regiment; to Hon. A. W. Bradford, Governor of Maryland, Annapolis, Md., calling for four regiments; to Hon. F. H. Peirpoint, Governor of Virginia, Wheeling, Va., calling for two regiments; to Hon. David Tod, Governor of Ohio, Columbus, Ohio, calling for seventeen regiments; to Hon. O. P. Morton, Governor of Indiana, Indianapolis, Ind., calling for nine regiments; to Hon. Israel Washburn, Governor of Maine, Augusta, Me., calling for five regiments; to Hon. Nathaniel S. Berry, Governor of New Hampshire, Concord, N. H., calling for two regiments; to Hon. Frederick Holbrook, Governor of Vermont, Brattleborough, Vt., calling for two regiments; to Hon. John A. Andrew, Governor of Massachusetts, Boston, Mass., calling for twelve regiments; to Hon. William Sprague, Governor of Rhode Island, Providence, R. I., calling for one regiment; to Hon. William A. Buckingham, Governor of Connecticut, New Haven, Conn., calling for five regiments; to Hon. Richard Yates, Governor of Illinois, Springfield, Ill., calling for nine regiments; to Hon. Austin Blair, Governor of Michigan, Detroit, Mich., calling for six regiments; to Hon. Edward Salomon, Governor of Wisconsin, Madison, Wis., calling for five regiments; to General J. W. Finnell, adjutant-general of Kentucky, Frankfort, Ky., calling for four regiments; to Hon. Samuel J. Kirkwood, Governor of Iowa, calling for five regiments; to Hon. Alexander Ramsey, Governor of Minnesota, Saint Paul, Minn., calling for one regiment; to Hon. H. R. Gamble, Governor of Missouri, Saint Louis, Mo., calling for four regiments; to Hon. Andrew Johnson, Governor of Tennessee, Nashville, Tenn., calling for two regiments.)

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AUGUSTA, July 7, 1862-1.25 p.m. (Received 2.10 p.m.)

Hon. E. M. STANTON, Secretary of War:

I will have three regiments of infantry in fifteen days. Will you provide that arms and equipments, clothing, and tents [that] are seasonable [be] sent here? Also that a paymaster or other person be authorized to pay here the premium, advance pay, and advance bounty before they leave the State? Do you advise me to raise another regiment?

ISRAEL WASHBURN, JR.

{p.209}

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COMMONWEALTH OF MASSACHUSETTS, ADJUTANT-GENERAL’S OFFICE, Boston, Mass., July 7, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: Since we were honored with a visit from yourself and General Buckingham I have given a good deal of consideration to the matter of recruiting, and in this I propose to state some of the points which I regard as important:

First. We should be allowed a band of ten musicians for each camp to enliven the men and give attraction to the camp. This proposition I made when you were here, and I understood you and General Buckingham to accede to it, but I wish to have the authority in writing so it may go on file. The cost to each camp will be about $400 a month.

Second. There should be an officer commissioned and stationed in each camp to muster recruits into service as soon as they arrive in camp. We now depend on Captain Goodhue, who is stationed here in Boston, and his time is so much engaged with his business that he cannot attend often at the camp at Worcester. Will permission be given to the senior officer in command at any one of our camps to muster in recruits as they arrive?

Third. It would facilitate recruiting very much if the officers could be commissioned when authorized to raise companies, with the distinct understanding that unless they raised their company in a reasonable time the commissions should be canceled. As it now is the men who recruit spend their time and money without receiving any pay for their services. Why should not their pay begin when their labor begins?

Fourth. We are too much hedged in with army regulations and army officers. Our tents should be floored, but the U. S. officers won’t allow the bill because the regulations don’t allow it. In order to get recruits the camps must be made comfortable and attractive. It is the denial of these little things which annoys officers and men. It was a great mistake when the recruiting was taken from the State and put in the hands of U. S. officers. They move slow have no enthusiasm, and, as Governor Corwin used to say, “They appear to have moss growing on the calves of their legs.”

Please have this letter given to General Buckingham, and request him to let me know what I can do as speedily as possible. I think we can have our fifteen regiments recruited in the time you stated. Only give me a little margin, and keep us as much as possible under State authority.

With great respect, dear Governor, I am, your obedient servant,

WM. SCHOULER, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., July 7, 1862.

GEORGE COPPELL, Esq., Her Britannic Majesty’s Acting Consul:

SIR: Your note received Saturday removes all difficulty of personal intercourse. The withdrawal of the offensive expressions is sufficient and accepted. Commander Hewitt, of H. B. M. sloop of war Rinaldo, now in this harbor, informs me that he is instructed by Lord Lyons {p.210} to recognize you as acting consul of Her Majesty the Queen of Great Britain, and that Commander Hewitt does recognize in you that official character. This seems sufficient for the re-establishment of official relations.

I beg leave to correct a seeming misunderstanding that the expression of that note had anything to do with my doubts of your official character. You will remember that those doubts had been expressed before that time, and no evidence of that character had been furnished except the superscription upon two letters, directed to yourself, with the address “Acting Consul,” that did not seem to me sufficient.

To your inquiry whether all neutrals (British subjects) wishing to go to New York or abroad, furnished with proper passports from their Government, will be required to take the oaths prescribed for aliens in General Orders, Nos. 41 and 42, it is answered that a pass differs from a passport, as I had the honor to explain in my letter to the consuls upon this subject, and that as a rule the oath would not be required. Such persons will be allowed to pass on board ships to go abroad or to New York, whom, in my judgment, it is not necessary to retain here from some act either done or contemplated to be done in favor of the Confederate States; for example, buying arms, forwarding money or intelligence.

I have the honor to be, very respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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GENERAL ORDERS, No. 75.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 8, 1862.

I. In organizing new regiments of volunteers the Governors of States are hereby authorized to appoint, in addition to the staff officers heretofore authorized, one second lieutenant for each company, who shall be mustered into the service at the commencement of the organization, who shall have authority to muster in recruits as they are enlisted. If any recruit shall be enlisted by such officer, who shall afterward, on medical inspection, prove to have been obviously unfit for the service at the time of his enlistment, all expenses caused thereby shall be paid by such officer, to be stopped against him from any payment that may be coming to him from the Government thereafter.

Any officer thus appointed and mustered shall only be entitled to be paid on the muster and pay roll of his company, and should he fail to secure an organized company within such reasonable time as the Governor may designate, his men may be transferred to some other company, his appointment be revoked, and be discharged without pay, unless the Governor shall think proper to give him a position in the consolidated company to which his men have been transferred.

Articles of enlistment, as in the Regular Army, will be made out in triplicate by such recruiting officers, one copy of which will be sent to the adjutant-general of the State, one to the adjutant of the regiment, and one will be kept by the recruiting officer.

Recruits will be sent to the regimental rendezvous at least as often as once a week, where they will be immediately examined by the surgeon {p.211} of the regiment, and if found unfit for duty by reason of permanent disability will be discharged from the service forthwith by the surgeon, who will report such discharges to the adjutant-general of the State, and also to the adjutant of the regiment, noting particularly those cases where the disability was obvious at the time of enlistment.

The muster-in rolls of each company will be made out by the adjutant of the regiment from a list to be furnished by the adjutant-general of the State, together with the articles of enlistment furnished him by the recruiting officer, and will note upon it the names of all persons discharged by the surgeon for permanent disability, designating particularly those cases where the disability was apparent at the time of enlistment.

As soon as the organization of a regiment is completed it will be carefully inspected by the mustering officer for the State, who will see that at least the minimum number of each company is present. No absentees, except sick in hospital, will be counted. He will also compare the muster-in rolls, and if found correct will sign the roll, certifying to the muster of each man at the date of his enlistment.

Mustering officers will report promptly to the Adjutant-General of the Army the names of all recruiting lieutenants mustered into the service by them, under conditional letters of appointment, together with the regiments to which they belong.

II. Officers will be mustered into the service only on the authority of the Governor of the State to which their regiments belong.

III. Until regiments are organized and their muster-rolls completed they will be under the exclusive control of the Governors of the States, and all requisitions for quartermaster, medical, and ordnance stores, and contracts for subsistence, will, if approved by them, be allowed, and not otherwise.

IV. Where it is desired by the Governors of States, the U. S. officers of the Quartermaster, Medical, and Ordnance Departments may turn over stores to the State authorities, to be issued by them in accordance with the regulations, and accounted for to the proper bureau of the War Department.

V. Persons traveling under the order of the Governor of a State on business connected with the recruiting service will be allowed the actual cost of transportation, to be paid by the mustering and disbursing officer on presentation of the account, accompanied by proper vouchers and the order under which the journey was performed.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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NEW HAVEN, July 8, 1862.

Brig. Gen. C. P. BUCKINGHAM, Assistant Adjutant-General:

SIR: Your telegram is at hand requesting me to raise five regiments of volunteers for the war. In reply I would say that I am bending every effort to organize new regiments with more encouraging prospects of success than I had a few days since.

I am, yours, very respectfully,

WM. A. BUCKINGHAM.

{p.212}

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SPRINGFIELD, ILL., July 8, 1862. (Received 1.24 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

A very competent officer of long experience proposes to raise a battery. I can furnish him with guns and equipments. Will you accept an additional battery? It can be done immediately.

RICHD. YATES, Governor of Illinois.

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WAR DEPARTMENT, Washington, D. C., July 8, 1862-2.10 p.m.

Governor YATES, Springfield, Ill.:

I will accept the battery.

EDWIN M. STANTON.

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BOSTON, July 8, 1862.

Brig. Gen. C. P. BUCKINGHAM, Assistant Adjutant-General:

No orders have been received from Washington by U. S. disbursing officers here authorizing them to pay the $25 bounty to new recruits. They refuse payment without express orders. Many recruits, enlisted during the week under promise of bounty, and now ordered away from State to regiments in field without first receiving it for their families, are justly discontented. Orders for its payment should issue to disbursing officers here immediately. Every hour’s delay does harm.

WM. SCHOULER, Adjutant-General of Massachusetts.

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EXECUTIVE DEPARTMENT, Springfield, Ill., July 9, 1862.

Hon. E. M. STANTON, Secretary of War:

DEAR SIR: Hon. Robert Smith, at present paymaster U. S. Army at Saint Louis, is desirous of obtaining authority to raise a brigade. I need hardly say to you that Mr. Smith is one of our leading citizens, a gentleman of experience and ability. He, I have no doubt, would be very likely to succeed in the undertaking if he had the authority. We need the men, and if it can be done, should like to see the good work begun.

Very respectfully,

RICHD. YATES, Governor of Illinois.

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INDIANAPOLIS, IND., July 9, 1862.

The PRESIDENT OF THE UNITED STATES:

The undersigned would urge upon you the vital importance of procuring the passage of a law by Congress by which men can be drafted into the Army. If Congress shall adjourn without doing this you {p.213} will doubtless have to call them together for the purpose. We send you this as the result of our conclusions from what we know of the condition of the Northwest. This is confidential.

O. P. MORTON, Governor of Indiana. W. A. PEALE, Secretary of State. A. LANGE, Auditor of State. J. S. HARVEY, Treasurer of State. JNO. F. KIBBEY, Attorney-General.

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WAR DEPARTMENT, Washington City, D. C., July 10, 1862.

His Excellency the GOVERNOR OF INDIANA:

SIR: You are hereby authorized to make a requisition on the Secretary of War for such sum as you may deem necessary (not to exceed $1,000), to be expended at your discretion in employing speakers, or in such other secret manner as you may deem advisable, for encouraging enlistments of volunteers. Your account of such fund will be rendered to the Secretary of War, accompanied by proper vouchers.

By order of the Secretary of War:

C. P. WOLCOTT, Assistant Secretary of War.

(Same to the Governors of Ohio, Wisconsin, and Michigan, and Hon. J. B. Temple, president Military Board of Kentucky.)

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NEW HAVEN, CONN., July 10, 1862. (Received 3 p.m.)

President LINCOLN:

Our losses before Richmond only stimulate this people to increased efforts and a firmer purpose to preserve the Union entire. Our armies may be checked and destroyed, but others will be organized and success is sure.

WM. A. BUCKINGHAM, Governor of Connecticut.

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COMMISSIONER’S OFFICE, Customhouse, New Orleans, July 10, 1862.

Major-General BUTLER:

SIR: As commissioner appointed by the President of the United States to inquire into and report to the Government on certain proceedings which have heretofore been had between yourself and the foreign consuls residing in this city, and particularly such as relate to the consul of the Netherlands, I hereby have the honor to inform you that I am ready to enter at once on the duty, and will be glad to have from you, orally or in writing, all the information you may be able to give me, and at your earliest convenience.

With high regards, your obedient servant,

REVERDY JOHNSON, Commissioner, &c.

{p.214}

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GENERAL ORDERS, No. 77.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 11, 1862.

The following act of Congress is published for the information of all concerned:

AN ACT making appropriations for the support of the Army for the year ending the thirtieth of June, eighteen hundred and sixty-three, and additional appropriations for the year ending thirtieth of June, eighteen hundred and sixty-two and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and the same are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending the thirtieth of June, eighteen hundred and sixty-three:

For the recruiting service of the Army, namely: For the enlistment of recruits, for quarters, fuel, stationery, straw, postage, bunks, compensation to citizen surgeons for medical attendance, transportation from rendezvous to depots, and all other expenses until put in march to join regiments, one hundred and eighty thousand dollars.

For purchase of books of tactics and instructions for volunteers, fifty thousand dollars.

For pay of the Army, eight million nine hundred and five thousand three hundred and eighteen dollars.

For commutation of officers’ subsistence, one million five hundred and seventy-four thousand one hundred and eighty-six dollars and fifty cents.

For commutation of forage for officers’ horses, two hundred and eighty-three thousand four hundred and fourteen dollars.

For payments to discharged soldiers for clothing not drawn, one hundred and fifty thousand dollars.

For payments in lieu of clothing for officers’ servants, seventy-one thousand six hundred and thirty dollars.

For pay of volunteers under acts of twenty-second and twenty-fifth of July, eighteen hundred and sixty-one, two hundred and twenty-six millions two hundred and eighty-three thousand two hundred and eighty-two dollars: Provided, That the President shall not he authorized to appoint more than forty major-generals, nor more than two hundred brigadier-generals. And all acts and parts of acts authorizing a greater number of major and brigadier generals than are above provided for are hereby repealed.

For subsistence in kind for regulars and volunteers, seventy-eight millions three hundred and eighty-six thousand six hundred and forty dollars and eighty cents.

For the regular supplies of the Quartermaster’s Department, consisting of fuel for the officers, enlisted men, guard, hospitals, store-houses, and offices, of forage in kind for the horses, mules, and oxen of the Quartermaster’s Department at the several posts and stations, and with the armies in the field; for the horses of the several regiments of cavalry, batteries of artillery, and such companies of infantry as may be mounted, and for the authorized number of officers’ horses when serving in the field and at the outposts, including bedding for the animals; of straw for soldiers’ bedding, and of stationery, including blank books for the Quartermaster’s Department, certificates for discharged soldiers, blank forms for the Pay and Quartermaster’s Departments; and for the printing of division and department orders and reports, thirty-six million nine hundred and twelve thousand dollars.

For the incidental expenses of the Quartermaster’s Department, consisting of postage on letters and packets received and sent by officers of the Army on public service; expenses of courts-martial and courts of inquiry, including the additional compensation of judge-advocates, recorders, members, and witnesses, while on that service, under the act of March sixteenth, eighteen hundred and two; extra pay to soldiers employed, under the direction of the Quartermaster’s Department, in the erection of barracks, quarters, store-houses, and hospitals; in the construction of roads and on other constant labor, for periods of not less than ten days, under the acts of March second, eighteen hundred and nineteen, and August fourth, eighteen hundred and fifty-four, including those employed as clerks at division and department headquarters; expenses of expresses to and from the frontier posts and armies in the field; of escorts to paymasters and other disbursing officers and to trains where military escorts cannot be furnished; expenses of the interment of officers killed in action, or who die when on duty in the field, or at posts on the frontiers, or at other posts and places when ordered by the Secretary of War, and of noncommissioned officers and soldiers; authorized office furniture; hire of laborers in the Quartermaster’s Department, including the hire of interpreters, spies, and guides for the Army; compensation of clerks of the officers of the Quartermaster’s Department; compensation of forage and wagon masters, authorized by the act of July {p.215} fifth, eighteen hundred and thirty-eight; for the apprehension of deserters, and the expenses incident to their pursuit; and for the following expenditures required for the several regiments of cavalry, the batteries of light artillery, and such companies of infantry as may be mounted, viz: the purchase of traveling forges, blacksmiths’ and shoeing tools, horse and mule shoes and nails, iron and steel for shoeing, hire of veterinary surgeons, medicines for horses and mules, picket ropes, and for shoeing the horses of the corps named; also, generally, the proper and authorized expenses for the movements and operations of an army not expressly assigned to any other department, twenty million eight hundred and thirty-six thousand seven hundred and fifty dollars.

For the purchase of cavalry and artillery horses, five million four hundred thousand dollars.

For mileage, or the allowance made to officers of the Army for the transportation of themselves and their baggage, when traveling on duty without troops, escorts, or supplies, one million two hundred and ninety-one thousand six hundred dollars.

For transportation of the Army, including the baggage of the troops when moving, either by land or water; of clothing, camp and garrison equipage, from the depots at Philadelphia and New York to the several posts and army depots, and from those depots to the troops in the field; and subsistence from the places of purchase and from the places of delivery under contract, to such places as the circumstances of the service may require them to be sent; of ordnance, ordnance stores, and small arms, from foundries and armories to the arsenals, fortifications, frontier posts, and army depots; freights, wharfage, tolls, and ferriages; for the purchase and hire of horses, mules, oxen, and harness, and the purchase and repair of wagons, carts, and drays, and of ships and other seagoing vessels, and boats required for the transportation of supplies and for garrison purposes; for drayage and cartage at the several posts; hire of teamsters; transportation of funds for the pay and other disbursing departments; the expense of sailing public transports on the various rivers, the Gulf of Mexico, and the Atlantic and Pacific; and for procuring water at such posts as, from their situation, require that it be brought from a distance; and for clearing roads, and removing obstructions from roads, harbors, and rivers, to the extent which may be required for the actual operations of the troops in the field, forty million dollars.

For hire or commutation of quarters for officers on military duty; hire of quarters for troops; of store-houses for the safe-keeping of military stores; of grounds for summer cantonments; for the construction of temporary huts, hospitals, and stables; and for repairing public buildings at established posts, four million two hundred and thirty-four thousand dollars.

For heating and cooking stoves, ninety thousand dollars.

For maintenance of gun-boat fleet proper, two million one hundred and sixty thousand dollars.

For maintenance of steam rams, one hundred and eighty thousand dollars.

For contingencies of the Army, five hundred thousand dollars.

For clothing for the Army, camp and garrison equipage, and for expenses of offices and arsenals, thirty-nine million three hundred and twenty-two thousand five hundred and thirteen dollars and twenty-five cents.

For constructing and extending the telegraph for military purposes, and for expenses in operating the same, five hundred thousand dollars.

For the medical and hospital department, including pay of private physicians, purchase and repair of surgical instruments, purchase of extra hospital bedding, clothing, ice, pay of male citizens as hospital attendants; the maintenance of sick and wounded soldiers placed in private houses or hospitals; and other necessary comforts for the sick and convalescing in the various military hospitals, five million seven hundred and five thousand nine hundred and eighty-four dollars.

For contingent expenses of the Adjutant-General’s Department at department headquarters, two thousand dollars.

For supplies, transportation, and care of prisoners of war, three million three hundred and seventy-three thousand seven hundred and twenty-eight dollars.

For armament of fortifications, one million sixty-two thousand five hundred dollars.

For the current expenses of the ordnance service, seven hundred and thirty-two thousand six hundred dollars.

For ordnance, ordnance stores, and supplies, including horse equipments for all mounted troops, seven million three hundred and eighty thousand dollars.

For the manufacture of arms at the national armory, one million eight hundred thousand dollars.

For repairs and improvements and new machinery at the national armory at Springfield, Massachusetts, one hundred and fifty thousand dollars.

For the purchase of gunpowder and lead, one million one hundred thousand dollars. For additions to and extension of shop room, machinery, tools, and fixtures at arsenals, five hundred thousand dollars.

{p.216}

For the purchase and manufacture of arms for volunteers and regulars, and ordnance and ordnance stores, thirteen million dollars.

For surveys of military defenses, one hundred and fifty thousand dollars.

For purchase and repair of instruments, ten thousand dollars.

For printing charts of lake surveys, ten thousand dollars.

For continuing the survey of the Northern and Northwestern lakes, including Lake Superior, one hundred and five thousand dollars.

For completion of Fort Clinch, Amelia Island, Florida, one hundred and fifty thousand dollars.

For secret service fund, and to reimburse the contingent fund of the Army, five hundred thousand dollars.

For payment of bounty to volunteers, and to the widows and legal heirs of such as may die or be killed in the service of the United States, authorized by the fifth and sixth sections of an act entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” approved July twenty-second, eighteen hundred and sixty-one, twenty millions of dollars, or so much thereof as may be found necessary.

For collecting, organizing, and drilling volunteers, in addition to any sums heretofore appropriated for that purpose, five millions of dollars.

For providing for the comfort of discharged soldiers who may arrive in the principal cities of the United States so disabled by disease or by wounds received in the service as to be unable to proceed to their homes, and for forwarding destitute soldiers to their homes, two millions of dollars, to be applied and expended under the direction of the President of the United States.

For enlarging, repairing, and furnishing the northwest executive building, twenty thousand dollars.

For grading and improving that part of Judiciary Square, in the city of Washington, upon which the general hospital of the United States is located, four thousand dollars, to be expended under the direction of the Surgeon-General.

SEC. 2. And be it further enacted, That so much of the seventh section of the act approved third March, eighteen hundred and fifty-one, entitled “An act to found a military asylum for the relief and support of invalid and disabled soldiers of the Army of the United States,” as requires that “all moneys, not exceeding two-thirds of the balance on hand, of the hospital fund and of the post fund of each military station, after deducting the necessary expenses,” shall be set apart for the support of the military asylum, be and the same is hereby repealed.

SEC. 3. And be it further enacted, That the enlisted men of the Ordnance Department now designated as master workmen shall hereafter be designated and mustered as sergeants; those now designated as armorers, carriage makers, and blacksmiths shall be designated and mustered as corporals; those now designated as artificers shall be designated and mustered as privates of the first class, and those now designated as laborers shall be designated and mustered as privates of the second class:

Provided, That the pay, rations, and clothing now authorized by law to the respective grades of enlisted ordnance men shall not be changed.

SEC. 4. And be it further enacted, That in all cases where recruiting officers have in good faith paid the two dollars for bringing accepted recruits to the rendezvous, before receiving notice of the repeal of the regulation allowing the same, the accounts of such officer shall be allowed in settlement by the Treasury Department.

SEC. 5. And be it further enacted, That there shall be added to the clerical force of the Surgeon-General’s Office one clerk of class one and one clerk of class two; and there shall be added to the clerical force of the Paymaster-General’s Office twenty clerks of class two and twenty clerks of class one; and there shall be added to the clerical and other force of the Adjutant-General’s Office four clerks of class two, six clerks of class one, and ten other clerks at a monthly compensation of sixty dollars each; and the Adjutant-General may detail ten more non-commissioned officers of the Army as clerks in his office; and the sum of fifty-one thousand two hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to pay the salaries of the clerks hereby authorized.

SEC. 6. And be it further enacted, That section five of the act “to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” approved July twenty-second, eighteen hundred and sixty-one, and section five of the act “to increase the present military establishment of the United States,” approved July twenty-nine, eighteen hundred and sixty-one, shall be so construed as to allow twenty-five dollars of the bounty of one hundred dollars therein provided to be paid immediately after enlistment to every soldier of the regular and volunteer forces hereafter enlisted during the continuance of the existing war, and the sum of seven million five hundred thousand dollars is hereby appropriated for such payment.

SEC. 7. And be it further enacted, That all the aides-de-camp appointed by authority of the act approved fifth August, eighteen hundred and sixty-one, entitled “An act supplementary to an act entitled ‘An act to increase the present military {p.217} establishment of the United States,’” approved July twenty-nine, eighteen hundred and sixty-one, shall be nominated to the Senate for its advice and consent.

SEC. 8. And be it further enacted, That the President of the United States be, and he hereby is, authorized, by and with the consent of the Senate, to appoint as many military store-keepers in the Quartermaster’s Department of the Army as the exigencies of the service may require; provided the whole number of military store-keepers in that department shall not exceed twelve.

SEC. 9. And be it further enacted, That the following sums be, and the same are hereby, in like manner appropriated, out of any money in the Treasury not otherwise appropriated, for the service of the year ending the thirtieth of June, eighteen hundred and sixty-two:

For the construction and maintenance of the gun-boat fleet proper, four hundred thousand dollars.

For purchasing, construction, and maintenance of steam rams, four hundred thousand dollars.

For pay of private physicians, purchase and repair of surgical instruments, purchase of extra hospital bedding, clothing, ice, and other necessary comforts for the sick and convalescing in the various military hospitals, one hundred and twenty-five thousand dollars.

For compensation of chaplains of hospitals, from the date of the commencement of their service to the thirtieth of June, eighteen hundred and sixty-two, twelve thousand dollars.

For the contingent expenses of the Paymaster-General’s Office for the year ending thirtieth of June, eighteen hundred and sixty-two, one thousand dollars.

SEC. 10. And be it further enacted, That the Secretary of War be authorized to commute the army ration of coffee and sugar for the extract of coffee, combined with milk and sugar, to be procured in the same manner and under like restrictions and guarantees as preserved meats, pickles, butter, and desiccated vegetables are procured for the Navy, if he shall believe it will be conducive to the health and comfort of the Army, and not more expensive to the Government than the present ration, and if it shall be acceptable to the men.

SEC. 11. And be it further enacted, That the restriction or limitation contained in the proviso to the joint resolution approved April sixteenth, eighteen hundred and sixty-two, transferring the superintendency of the Capitol extension from the War Department to the Department of the Interior, shall not be so construed or applied as to prevent the completion of and the payment for the painting now in progress on the wall over the stairway on the western side of the south wing agreeably to the terms of the contract made between General M. C. Meigs, on behalf of the Government, and E. Leutze, the artist, on the ninth day of July, eighteen hundred and Sixty-one.

Approved July 5, 1862.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

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EXECUTIVE MANSION, Washington, July 11, 1862.

Ordered:

That Maj. Gen. Henry W. Halleck be assigned to command the whole land forces of the United States, as General-in-Chief, and that he repair to this capital so soon as he can with safety to the positions and operations within the department now under his special charge.

ABRAHAM LINCOLN.

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WAR DEPARTMENT, Washington City, D. C., July 11, 1862.

His Excellency the GOVERNOR OF MAINE, Augusta, Me.:

SIR: The impression seems to have gone abroad extensively that the Governors of States are authorized to purchase supplies for the new levies of volunteers. To avoid all misunderstanding, I am {p.218} directed to state explicitly that the War Department has made provision for arms, equipments, and all other supplies that will be needed for the use of the troops, and that the provisions of General Orders, No. 75, current series, relate only to the issue of stores and not to their purchase.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Same to the Governors of New Hampshire, Concord; Vermont, Brattleborough; Rhode Island, Providence; Connecticut, New Haven; New York, Albany; New Jersey, Trenton; Pennsylvania, Harrisburg; Delaware, Dover; Maryland, Annapolis; Virginia, Wheeling; Ohio, Columbus; Michigan, Lansing; Indiana, Indianapolis; Illinois, Springfield; Missouri, Saint Louis; Wisconsin, Madison; Iowa, Davenport; Minnesota, Saint Paul, and to Hon. J. B. Temple, president Military Board of Kentucky.)

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SPRINGFIELD, ILL., July 11, 1862. (Received 8 p.m.)

President LINCOLN:

The crisis of the war and our national existence is upon us. The time has come for the adoption of more decisive measures. Greater animus and earnestness must be infused into our military movements. Blows must be struck at the vital part of the rebellion. The Government should employ every available means compatible with the rules of warfare to subject the traitors. Summon to the standard of the Republic all willing to fight for the Union. Let loyalty, and that alone, be the dividing line, between the nation and its foes. Generals should not be permitted to fritter away the sinews of our brave men in guarding the property of traitors and in driving back into their hands loyal blacks who offer us their labor and seek shelter with the Federal flag. Shall we sit openly by and see the war sweep off the youth and strength of the land and refuse aid from that class of men who are at least worthy foes of traitors and the murderers of our Government and of our children? Our armies should be directed to forward on the enemy, and to cease paying traitors and their abettors exorbitant exactions for food needed by the spent and sick or hungry soldier. Mild and conciliatory means have been tried in vain to recall the rebels to their allegiance. The conservative policy has utterly failed to reduce traitors to obedience and to restore the supremacy of the laws. They have, by means of sweeping conscriptions, gathered in countless hordes, and threaten to beat back and overwhelm the armies of the Union, with blood and treason in their hearts. They flaunt the black flag of rebellion in the face of the Government, and threaten to butcher our brave and loyal armies with foreign bayonets. They arm negroes and merciless savages in their behalf. Mr. Lincoln, the crisis demands greater efforts and sterner measures. Proclaim anew the good old motto of the Republic, “Liberty and Union, now and forever, one and inseparable,” and accept the services of all loyal men, and it will be in your power to stamp [sic] armies of the earth-irresistible armies-that will bear banners to certain victory. In any event, it is already alive with beat of drum, resounding with the tread of new recruits, which will respond to your call. Adopt this policy and she will leap like a flaming giant into the fight. This {p.219} policy for the conduct of the war will render foreign intervention impossible and the arms of the Republic invincible. It will bring the conflict to a speedy close and secure peace on a permanent basis.

RICHD. YATES, Governor of Illinois.

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WAR DEPARTMENT, Washington City, D. C., July 11, 1862.

His Excellency ISRAEL WASHBURN, Governor of Maine, Augusta, Me.:

SIR: In reply to your note of the 8th instant,* through Senator Morrill, inclosing copies of proclamation and orders issued in aid of new call for troops, I am directed to say that with two slight exceptions the statements made in the order are correct. The premium of $2 will be due to the person bringing in the recruit. With his consent that amount may be paid to the soldier, but his receipt will be necessary as a voucher for the disbursing officer. The $25 will be paid as soon as a complete company is mustered into the service, without waiting for the mustering of the regiment. You will have received copies of General Orders, No. 75, which authorizes you to adopt, if you see proper, a plan of enlistment which it is thought will be more efficient and expeditious, as well as more systematic, in raising volunteer regiments. Blank articles of enlistment will be supplied on application to the superintendent of the recruiting service in your State, or to the Adjutant-General of the Army. The militia cannot be received at present. If, however, it should be found necessary to call out the militia due notice will be given. The Department recognizes with pleasure your earnest and effective co-operation in sustaining the Government and providing for the wants of the service.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

* Not found.

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COLUMBUS, OHIO, July 11, 1862. (Received 1.40 p.m.)

Hon. E. M. STANTON:

For God’s sake, stop the wrangling between the friends of McClellan and yourself in Congress. I ask this as the friend of both.

DAVID TOD, Governor.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, July 11, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.:

SIR: I have the honor to inclose statement from Mr. Archibald McLaurin in relation to the facts contained in the letters addressed to him, which I omitted to give by a previous mail.

I have the honor to be, very respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

{p.220}

[Inclosure.]

Statement made to Major-General Butler by Archibald McLaurin.

I have been the agent of J. Scholefield, Sons & Goodman since the 1st of July, 1858. My agency has consisted principally in procuring orders for hardware, send them forward, receive the price, and remit the money thus received. I have also been the agent from the same period of time of Sanderson Bros. & Co., of Sheffield, manufacturers of iron and steel ware. Some time in February, 1861, I received from Mr. Goodman a letter giving quotations and terms of Enfield rifles, stating that he or his firm could furnish a large quantity, and desiring me to endeavor to procure orders for them.

In March I received the only order for arms which I ever received from Cavanagh & Miller for ninety Enfield rifles. I sent the money and order to J. Scholefield, Sons & Goodman, but it was not executed because the instructions were to send by a British vessel, and no such vessel could be procured.

Since the first letter of Mr. Goodman above alluded to my correspondence in relation to arms has been with the same gentlemen and was confined almost exclusively to a shipment of 200 Enfield rifles, and extended from February, 1861, to January or February last. In the latter part of June, 1861, I received the last letter from J. Scholefield, Sons & Goodman, dated the 6th or 9th of June, 1861, until the reopening of the mail communications in the latter part of May, when I received a letter from them dated in September last.

On the 2d July instant I received a package of letters from J. Scholefield, Sons & Goodman and from Sanderson Bros. & Co., which I was sorting for the purpose of reading them, when I was arrested. All these letters are in possession of General Butler. A letter from Mr. Goodman, exhibited to me by General Butler, I had never seen before, and I have no knowledge of the transaction referred to in it, except what I learned at hastily glancing at it when it was handed to me.

The 200 rifles above referred to were shipped at Liverpool by J. Scholefield, Sons & Goodman, and were consigned to me for sale without order from me; but when the vessel arrived the port of New Orleans was closed and she went into Havana in June, 1861. I sold 100 of them to the Confederate Guards, deliverable in Havana, by giving the purchasers an order on the master of the vessel.

I understand that these hundred rifles were afterward captured by the U. S. Navy. The remaining 100 of these rifles were sold by me, but the order for their delivery has not been given-they are still in Havana.

In February or March, 1861, I received a letter from Mr. Goodman, with an invoice of 600 rifles with their accouterments. This invoice was to have been shipped on the ship Hews, sailing under the German flag-the captain had agreed to take them, but afterward changed his mind and refused to take them, in consequence of which the invoice for 600 was superseded by one for 200, to which I have already alluded, and which were shipped on the American ship Bamberg, which entered into Havana in consequence of the blockade.

I have had no other connection with the shipment or sale of arms-another was in my capacity of agent for the firm of J. Scholefield, Sons & Goodman.

Shipped on the Bamberg by J. Scholefield, Sons & Goodman there was also a pattern rifle called Wilson’s breech-loading rifle; this rifle {p.221} is still in Havana. It was intended for J. Scholefield, Sons & Goodman’s pattern rooms here.

My foreign correspondence during all of the secession movement has been entirely confined to the parties above alluded to. J. Carow, of Liverpool, my brother in Scotland, and W. J. Gomez & Co., of Havana, agents of the Bamberg-the latter being relative to the consignment above mentioned and to three pipes of linseed oil by same vessel belonging to me and sold by them in Havana-from them I have no reply to any of my letters.

I have had no contract for goods of any description with the Confederate or any State Government. If I have been acting wrong, it was in the execution of my agency and the letters of Mr. Goodman.

I believe I have stated the dates correctly, but it is possible I may have committed mistakes in them, as my correspondence and letter book are not in my possession.

ARCHIBALD MCLAURIN.

NEW ORLEANS, July 10, 1862.

Subscribed and sworn to before me.

WM. M. BELL, Provost Judge.

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NORWICH, July 12, 1862-8 p.m. (Received 3.40 p.m.)

Hon. E. M. STANTON, Secretary of War:

We were never more engaged in raising troops. The excitement is great, the spirit determined. Connecticut will furnish her quota.

W. A. BUCKINGHAM, Governor of Connecticut.

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GENERAL ORDERS, No. 78.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 14, 1862.

I. The many evils which arise from giving furloughs to enlisted men require that the practice shall be discontinued. Hospitals, provided with ample medical attendance, nurses, food, and clothing, are established by the Government, at great expense, not only near the scenes of active military operations, but in many of the Northern States. When it is expedient and advisable, sick and wounded patients may, under the direction of the Surgeon-General, be transferred in parties, but not in individual cases, to hospitals at the North; and, as far as practicable, the men will be sent to States in which their regiments were raised, provided U. S. hospitals have been established there. Such regulations will be adopted at all the hospitals as will permit relatives and friends to visit the patients and furnish them with comforts, at such hours and in such manner as will not interfere with the discipline of the hospitals and the welfare of the mass of patients. The men will thus be under the fostering care of the Government while unfit for duty; will be in position to be promptly discharged, if proper, and, being always under military control, will be returned to their regiments as soon as they are able to resume their duties. The unauthorized removal of soldiers from {p.222} under the control of the U. S. authorities by any agents whatever subjects them to loss of pay and other penalties of desertion.

II. At large camps, depots, or posts where absentees arrive en route to their companies the commanding officers will immediately set apart a particular place where the men may be quartered, in buildings, tents, or huts, as soon as they arrive, and may without delay receive food and clothing. Parties will be detailed to await at landing places the arrival of such soldiers and to direct them to their quarters. They will be assigned immediately to temporary companies, composed as far as possible of men from the same regiments or brigades, and each of these companies will be forwarded in a body to the command to which they belong, according to the directions contained in paragraph I of General Orders, No. 72.

III. Chaplains appointed by the President for hospitals will be assigned by the Surgeon-General to hospitals in the cities for which they were appointed. Should the breaking up of a hospital leave a chaplain supernumerary in any city the fact will be immediately reported to the Adjutant-General. Chaplains will be subordinate to the hospital surgeons. Leaves of absence will be granted them by the Surgeon-General when approved by the surgeons in charge of their hospitals.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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SPRINGFIELD, ILL., July 14, 1862. (Received 8.30 p.m.)

Hon. E. M. STANTON:

Will you give me authority to raise six batteries of artillery?

RICHARD YATES.

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WAR DEPARTMENT, Washington, D. C., July 14, 1862-9.45 p.m.

Governor YATES, Springfield, Ill.:

The Government needs infantry. The artillery is sufficient, so that authority cannot be given to raise more of that arm.

EDWIN M. STANTON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, July 14, 1862.

His Excellency the GOVERNOR OF NEW YORK, Albany, N. Y.:

SIR: You are hereby authorized and requested by the Secretary of War to raise two independent companies of artillery, without a field officer, to garrison the works on Staten Island, New York Harbor.

I have the honor to be, sir, very respectfully, &c.,

L. THOMAS, Adjutant-General.

{p.223}

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ALBANY, N. Y., July 14, 1862. (Received 4.30 p.m.)

His Excellency ABRAHAM LINCOLN, President of the United States:

Congress should not adjourn without providing by law, if it has the power to do it, for filling up the volunteer regiments in the field and those now organizing by a draft.

E. D. MORGAN.

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COLUMBUS, OHIO, July 14, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

SIR: It is important that the State of Ohio should be promptly supplied with arms for the new quota of troops now organizing. I beg to call your attention to the fact that of the 80,000 small-arms placed in the hands of Ohio infantry but two regiments have received rifled muskets of Government fabrication. I desire that 20,000 stand should be placed at my disposal at the earliest possible moment, and I trust that, if not all, at least a fair proportion of them shall be of the Springfield muskets. The arms should be forwarded to General George B. Wright, quartermaster-general of Ohio.

I am, sir, very respectfully, your obedient servant,

DAVID TOD, Governor.

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COLUMBUS, OHIO, July 14, 1862. (Received 1.40 p.m.)

Hon. EDWIN M. STANTON:

Shall I recruit any cavalry in this State?

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington City, D. C., July 14, 1862.

Hon. DAVID TOD, Governor, Columbus, Ohio:

Infantry are much more needed than cavalry for immediate use, but if you can recruit a cavalry regiment speedily you may do so.

EDWIN M. STANTON, Secretary of War.

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GENERAL ORDERS, No. 79.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 15, 1862.

I. The following acts of Congress are published for the information of all concerned:

1. AN ACT making appropriations for the payment of the bounty authorized by the sixth section of an act entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” approved July twenty-second, eighteen hundred and sixty-one, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, viz:

For payment of the bounty to widows, children, fathers, mothers, brothers, and sisters of such volunteers as may have died or been killed, or may die or be killed, {p.224} in service, authorized by the sixth section of an act entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” approved July twenty-second, eighteen hundred and sixty-one, five millions of dollars, or so much thereof as may be found necessary: Provided, That said bounty shall be paid to the following persons and in the order following, and to no other person, to wit: First, to the widow of such deceased soldier, if there be one. Second, if there be no widow, then to the children of such deceased soldier, share and share alike. Third, if such soldier left neither a widow or child or children, then, and in that case, such bounty shall be paid to the following persons, provided they be residents of the United States, to wit: First, to his father; or if he shall not be living or has abandoned the support of his family, then to the mother of such soldier; and if there be neither father nor mother as aforesaid, then such bounty shall be paid to the brothers and sisters of the deceased soldier, resident as aforesaid.

For compensation of twenty additional clerks, hereby authorized to be employed in the office of the Commissioner of Pensions, to wit: For fifteen clerks of the first class, eighteen thousand dollars; for five clerks of the second class, seven thousand dollars.

SEC. 2. And be it further enacted, That the sum of three thousand dollars, or so much thereof as may be found necessary, be, and the same is hereby, appropriated for the expenses of the Committee on Disloyal Employés of the Government, appointed by resolution of the House of Representatives, July eighth, eighteen hundred and sixty-one.

SEC. 3. And be it farther enacted, That that part of the sixth section of the act “to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” approved July twenty-second, eighteen hundred and sixty-one, which secured to the widow, if there be one, and, if not, the legal heirs of such volunteers as die or may be killed in service, in addition to all arrears of pay and allowances, a bounty of one hundred dollars, shall be held to apply to those persons who have enlisted in the regular forces since the first day of July, eighteen hundred and sixty-one, or shall enlist in the regular forces during the year eighteen hundred and sixty-two, and be paid to the heirs named in this act, and that the bounties herein provided for shall be paid out of any money appropriated for bounty to volunteers.

Approved July 11, 1862.

2. AN ACT to provide for additional medical officers of the volunteer service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed by the President, by and with the advice and consent of the Senate, forty surgeons and one hundred and twenty assistant surgeons of volunteers, who shall have the rank, pay, and emoluments of officers of corresponding grades in the Regular Army: Provided, That no one shall be appointed to any position under this act unless he shall previously have been examined by a board of medical officers to be appointed by the Secretary of War, and that vacancies in the grade of surgeon shall he filled by selection from the grade of assistant surgeon on the ground of merit only: And provided further, That this act shall continue in force only during the existence of the present rebellion.

SEC. 2. And be it further enacted, That from and after the passage of this act brigade surgeons shall be known and designated as surgeons of volunteers, and shall be attached to the general medical staff under the direction of the Surgeon-General; and hereafter such appointments for the medical service of the Army shall be appointed surgeons of volunteers.

SEC. 3. And be it further enacted, That instead of “one assistant surgeon,” as provided by the second section of the act of July twenty-second, eighteen hundred and sixty-one, each regiment of volunteers in the service of the United States shall have two assistant surgeons.

Approved July 2, 1862.

II. Under the provisions of the foregoing act approved July 2, 1862, the brigade surgeons already appointed are transferred, according to their present rank, to the corps of volunteer surgeons, which will accordingly consist of those officers and of the forty provided for by the act.

The Surgeon-General will appoint a board to examine such persons as may be authorized by the Secretary of War to present themselves before it as candidates for the forty vacancies in the grade of surgeon and one hundred and twenty in that of assistant surgeon.

{p.225}

Applications for the appointments will be made to the Adjutant-General of the Army in the handwriting of the applicant, accompanied by one or more testimonials from respectable persons in regard to moral character.

The Board of Examiners will determine whether the candidate be fit for the position of surgeon or assistant surgeon; but no one under thirty years of age will be appointed to the former grade, or under twenty-one years to the latter grade.

After all the vacancies have been filled in the manner here prescribed future examinations will be for the grade of assistant surgeon only, and vacancies which may happen in the grade of surgeon will be filled by the appointment of assistant surgeons who shall have shown themselves worthy of promotion by a faithful performance of duty and general good conduct.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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BERKELEY, July 15, 1862.

His Excellency Governor E. D. MORGAN:

GOVERNOR: I am sure that in the present emergency you will pardon me for venturing upon a few suggestions as to the most useful manner of increasing the strength of this army.

The greatest benefit that can be conferred upon it would be to fill to the maximum the old regiments which have so nobly sustained the honor of the Union and their State. I would prefer 50,000 recruits for my old regiments to 100,000 men organized into new regiments, and I cannot too earnestly urge the imperative necessity of following this system. By far the best arrangement would be to fill up all the old companies. If that cannot be done, the next best thing is to consolidate the old companies and add new ones to each regiment. We have here the material for making excellent officers in the regiments. These men, tried and proved in many hard-fought battle, are infinitely to be preferred to any new appointments. More than that, they have won their promotions. Policy and gratitude alike demand that their claims should be recognized.

With the old regiments thus filled up, the whole army would in a very few weeks be ready for any service. New regiments would require several months to fit them for service, and they would be brought into action with untried and, in many cases, unfit officers. Again, I would earnestly impress upon you the great mistake of bringing men into the field for a less period than three years or the war. The contact of such troops with those enlisted for three years would soon breed dissatisfaction among the latter, while the term of service of the former would expire about the time they became valuable to the service. I would also urge the propriety, necessity rather, of sending recruits to their regiments as rapidly as enlisted. They will become soldiers here in one-tenth of the time they could in the home depots, and would have all the advantages of contact with the veterans who now compose this army.

I have also to ask your attention to the many officers and men who are now in the North on sick-leave, &c. Many thousands of these are fit for duty, and should at once be made to join their regiments. May {p.226} I ask the earnest efforts of Your Excellency to secure this very important end? I would also request that no officer who has resigned from this army be commissioned in another regiment, unless furnished with a special recommendation to that effect from the commander of his division or army corps. I regret to say that many officers have resigned to avoid the consequences of cowardly conduct, inefficiency, and so forth. It is a melancholy fact that, while many noble exceptions are to be found, the officers of volunteers are, as a mass-perhaps I should say were (for the worst are sifted out)-greatly inferior to the men they command.

Trusting that you will pardon me for the liberty I have taken in making these suggestions, and that you will be good enough to give them your careful consideration,

I have the honor to be, sir, most respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, Commanding.

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COMMISSIONER’S OFFICE, Customhouse, New Orleans, July 15, 1862.

Major-General BUTLER:

SIR: In the statement of Amedée Couturie of the 12th of May last, communicated to you with his letter of the 16th of that month, he alleges that besides the 160 kegs containing the $800,000, there was taken from his custody, where they had been placed for safe-keeping, the following articles:

First. One tin box, to which we give the name of bank box in this city, locked, and containing ten bonds consolidated debt of city of New Orleans, for $1,000 each.

Second. Eight bonds of the city of Mobile, for $1,000 each, the whole eighteen bonds being deposited on the 12th of the preceding April by Mr. Edmund J. Forstall, as the agent of Messrs. Hope & Co.

Third. Various papers, titles, and deeds, his consular commission, and the President’s exequatur.

Fourth. Six tin boxes, marked with the consul’s name, containing private deeds, silverware, &c., belonging to divers persons, for whom he was agent, and

Fifth. Two or more tin boxes, belonging to the Hope Insurance Company, who occupied a part of the building.

Will you do me the favor to let me know at your earliest convenience if these several articles were taken as alleged; and if so, whether all or any part of them, and what part, has been returned to Mr. Couturie, and at what time?

I have the honor to be, with high regard, your obedient servant,

REVERDY JOHNSON, Commissioner, &c.

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BRATTLEBOROUGH, July 15, 1862. (Received 2.15 p.m.)

Hon. E. M. STANTON, Secretary of War:

Ninth Vermont Regiment left this morning for Washington by rail. A fine regiment of Green Mountain boys. Much enthusiasm in Vermont about enlistments and furnishing quota promptly. Tenth and {p.227} Eleventh Regiments both rapidly forming. Tenth to be ready to march in some thirty days, and Eleventh in forty to fifty. Do give them Springfield rifle muskets, as it will promote dispatch in recruiting. Our Vermonters are nearly all accustomed to sports of hunting, are marksmen, and know a good gun.

FREDK. HOLBROOK, Governor of Vermont.

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AN ACT transferring the Western gun-boat fleet from the War to the Navy Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Western gun-boat fleet constructed by the War Department for operations on the Western waters shall be transferred to the Navy Department, which will be hereafter charged with the expense of its repair, support, and maintenance: Provided, That all vessels now under construction or repair by authority of the War Department shall be completed and paid for under the authority of that Department from appropriations made for that purpose.

SEC. 2. And be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved July 16, 1862.

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GENERAL ORDERS, No. 80.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 16, 1862.

The following act of Congress is published for the information and government of all concerned:

AN ACT to prescribe an oath of office, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe to the following oath or affirmation: “I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto: that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: so help me God;” which said oath, so taken and signed, shall be preserved among the files of the court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office and rendered incapable forever after of holding any office or place under the United States.

Approved July 2, 1862.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.228}

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WAR DEPARTMENT, Washington City, D. C., July 16, 1862.

Col. B. F. LARNED, Paymaster-General:

SIR: The Secretary of War directs me to inform you that by Joint Resolution No. 42, approved July 12, 1862, he has been authorized and directed to suspend all payments under the act approved 25th March, 1862, entitled “An act to secure to the officers and men actually employed in the Western Department, or Department of the Missouri, their pay, bounty, and pension,” and they are accordingly suspended.

Very respectfully, your obedient servant,

C. P. WOLCOTT, Assistant Secretary of War.

(Same to Second Auditor.)

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WAR DEPARTMENT, Washington, D. C., July 16, 1862.

This Department having this day received from William H. Aspinwall, esq., of New York, his check for $25,290.60, as his share of profit on a contract for arms purchased by Howland & Aspinwall and sold to the United States-It is ordered, That the check be transferred to the Secretary of the Treasury, and that the thanks of this Department be tendered to Mr. Aspinwall for the proof he has furnished of the disinterested and patriotic spirit that animates the citizens of the United States in the present contest against treason and rebellion, giving assurance that a Government supported by citizens who thus prefer the public welfare to private gain must overcome its enemies.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 16, 1862.

His Excellency RICHARD YATES, Governor of Illinois, Springfield, Ill.:

SIR: In reply to yours of 9th instant, suggesting that Hon. Robert Smith, of Saint Louis, be authorized to raise a brigade, I am directed to say that the authority to raise volunteers in the loyal States rests with the Governors exclusively. You do not state whether it is proposed to raise the brigade in Missouri or Illinois. Colonel Blair has been authorized to raise one in Missouri, and it may be doubted whether the attempt to raise two instead of one in that State would not paralyze both. Should it be desired to raise the brigade in Illinois the necessary authority must come from you. The appointment of Major Smith as brigadier-general, which he no doubt would expect in consideration of his service in raising the brigade, cannot be absolutely promised. Very much would depend on your own estimate of the value of his services in that regard and of his fitness for the position. One difficulty exists in the fact that Major Smith is now in service and will not be able to get leave of absence for recruiting purposes. This difficulty can only be surmounted by his resignation, {p.229} which, considering the risk of failure to make up the brigade, he would probably not wish to give.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., July 16, 1862.

His Excellency CHARLES S. OLDEN, Governor of New Jersey:

SIR: Your letter of July 3, 1862, to the President, making certain suggestions in reference to raising volunteers, has been referred to this Department. The month’s pay in advance could no doubt be paid at the time of enlistment with great advantage to the recruiting service in many cases, but the law authorizing it requires it to be paid when the company is mustered into the service of the United States, leaving no discretion with the Department as to the time of payment. Your other suggestions will be carefully considered by the Department in its action on the subjects to which they refer.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, July 16, 1862.

His Excellency the GOVERNOR OF PENNSYLVANIA, Harrisburg:

The Secretary of War desires you to raise two companies of artillery for service at Fort Delaware.

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., July 16, 1862.

Hon. REVERDY JOHNSON:

SIR: In reply to your note stating the further claims of the Belgian consul for articles taken from him, I reply it is the first I have heard of such claims. Several gentlemen called for their tin trinkets and I ordered them to be given up. I will have an immediate investigation of this matter made, and everything that is private property will of course be, if it has not been, returned to him as the owner.

I observe that the consul does not make claim for a box of dies for making bank-note plates and a set of plates for printing Confederate States Treasury notes, taken from his shop in conjunction with the specie and other property. Why not?

Very respectfully, yours,

BENJ. F. BUTLER.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., July 16, 1862.

Hon. REVERDY JOHNSON:

SIR: In connection with the matter of the silver coin taken from the shop of the consul of Belgium, I deem it my duty to submit for your {p.230} investigation the fact of the deposit, in the hands of the consul of France, of about $750,000 in silver coin about the same time under the following described state of facts: At daybreak on Sunday, April 21 [20], or near that time, this large bulk of coin was transferred from the Citizens’ Bank to the vaults of the French consul.

This, together with that sent into the Belgian consul’s shop, was the entire silver coin of the bank, so bulky that it could not be easily otherwise secreted.

Upon investigation it appeared that the commercial house of Dupasseur & Co., of this city, claimed this specie as having purchased it by bills, valued on Paris at 5 francs the dollar for that amount, of about that date, drawn in favor of the Citizens’ Bank. The senior member of the firm stated to me that he bought this silver for the speculation; that he expected to make $30,000 by exporting it to Paris after the blockade was raised; that he did not take it to his own house, and did remove it to the French consul’s at this unusual time of a Sabbath morning, from fear of the mob if he moved it in business hours, and that he desired to place it under the French flag for protection because of the excited state of the city. I need not remind you, so well trained in judicial investigations, of the improbability of such a transaction, involving three-quarters of a million, in such dangerous times, with such hope of profit, and the entire uncertainty of even being able to ship the specie to meet the bills, with our cannon at that moment thundering at the forts, and the city in fear daily of a bombardment.

It will be useful to compare dates of both these transactions, because if the object of the Citizens’ Bank was to really pay Hope & Co. their interest, why not have sent forward these bills of Dupasseur instead of transporting the silver at par in Mexican dollars, which commands premium, to the Belgian consul. The amounts are nearly equal, but by the two hours’ actions the bank got away every dollar of its silver. I should be glad to be present at the investigation of this case if public duties will permit.

Very respectfully, your friend and servant,

BENJ. F. BUTLER.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., July 17, 1862.

Hon. REVERDY JOHNSON:

DEAR SIR: I would respectfully solicit your advice upon the questions presented by the Mechanics’ and Traders’ Bank. I inclose copy of my note to the Secretary of the Treasury transmitting the funds in the hands of the banks to the credit of the Confederate States receivers.* There will not be enough of these funds to pay all the claims upon them for confiscated Northern property.

Very respectfully, your obedient servant,

BENJ. F. BUTLER.

* See June 19, p. 165.

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NEW ORLEANS, July 17, 1862.

Major-General BUTLER:

DEAR SIR: The question presented by the Mechanics’ and Traders’ Bank, relative to accrued dividends on stock belonging to citizens of loyal States, sequestered by the action of the Confederate Government, {p.231} and deposited, on said sequestration, in the Citizens’ Bank of Louisiana, upon which you have done me the honor to request my advice by your note of this date, I have considered.

If this deposit was now in its entirety with the Citizens’ Bank, or had been paid over by that bank to the United States, it would be clear that, as between the Mechanics’ and Traders’ Bank and the Citizens’ Bank and the United States, it would be proper that the bank, if paying the dividends to the stockholders, should be refunded by the Citizens’ Bank or the United States. And it would be equally clear that on the contingency of the inability of the bank to pay the stockholders they should be paid by the Citizens’ Bank or by the United States, as the one or the other might have the fund. At the moment the dividend was made each stockholder became a creditor of the Mechanics’ and Traders’ Bank for the amount declared on his particular stock; and if said amount was paid by the bank to a third party, with notice of the fact, he (the stockholder) would, at his option, have recourse to that party. If the money in such a case could be traced it would be the stockholder’s specifically; but he is under no obligation to resort to any one but the original debtor, the Mechanics’ and Traders’ Bank. The amount whilst in their hands was his property. With regard to it they were but his agents, bound to hold it for his benefit, and without authority to pay it to any one else. The payment, therefore, by the bank, under a totally illegal and unconstitutional order of a pretended government, whether made under decrees actual or apprehended, is without authority and wholly void. Such payment, consequently, is no answer to the stockholder, either morally or legally. The bank, therefore, is as liable now to the stockholders as they would be if the amount was actually in their vaults. They have no right to refer the stockholders either to the Citizens’ Bank or to the Government of the United States. The only claim they can have will arise after they shall have paid the stockholders. That being done, if the dividend should be in the Citizens’ Bank, or should have been received in full by the United States, they would have a right to demand it of the one or the other, as the case may be; and should it be only with the one, or received by the other in part, then to demand it pro rata.

From the papers accompanying your note it is evident that the Citizens’ Bank is not liable, as proper legal authority has caused them to pay it over to you as the duly constituted representative of the United States; and it is equally clear that, as between the latter and the Mechanics’ and Traders’ Bank, the United States not having received the whole fund, there will only be a proportionate responsibility on the part of the United States. What that proportion will be it is impossible, with the information in your possession, to ascertain; nor do I see how it can be satisfactorily done, except by a commission empowered to examine into the whole matter in detail.

My opinion, therefore, is that the bank owes the dividends in question to the stockholders; that these should be paid at once, and that the rights of the bank, as between themselves and the United States, must be left to future settlement.

I have the honor to be, your obedient servant,

REVERDY JOHNSON.

{p.232}

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THE COMMONWEALTH OF VIRGINIA, EXECUTIVE DEPT., Wheeling, Va., July 17, 1862.

Honorable SECRETARY OF WAR UNITED STATES, Washington, D. C.:

SIR: My decided impression is that the new levies asked for from this State should be for one-year troops. If the rebellion cannot be put down in one year, it cannot be at all, and it would give great courage to the country if that was changed in showing the impression of the Administration. If any such regiments will be received from Virginia please advise me immediately.

I am yours, &c.,

F. H. PEIRPOINT.

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HUNTSVILLE, ALA., July 18, 1862. (Received 5.20 p.m. 20th.)

Hon. EDWIN M. STANTON:

I ask authority to arrange with the Governor of Pennsylvania for raising three companies of cavalry to be united with the independent company raised last fall in Pennsylvania by special authority of War Department, and known as Anderson Troop, Captain Palmer. This company is composed of superior men, many of them well qualified for officers, and by appointing them as officers in the proposed companies the force could be speedily rendered efficient. It is quite certain from the reputation of Captain Palmer and the troops that the companies can be speedily raised. I would ask for the proposed force the battalion organization. The necessity for an increase in our cavalry force is imperative and time is important.

D. C. BUELL, Major-General.

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INDIANAPOLIS, July 18, 1862.

Hon. EDWIN M. STANTON:

I desire to organize a regiment of cavalry immediately for the protection of our border and service in Kentucky. The present condition of affairs in Kentucky renders this step absolutely necessary. I hope to receive a favorable answer with the order for the necessary arms.

O. P. MORTON.

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WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, July 18, 1862.

JOHN G. BROWN, Esq., New York:

SIR: You are hereby authorized by the Secretary of War to raise and organize a brigade of volunteer infantry, to serve for three years or during the war, the regiments of which are to be recruited in the States of New York and New Jersey. The brigade will consist of at least four regiments, and the authority to raise it is given with the following express understanding, viz:

No steps under this authority are to be taken until they are authorized by and receive the direct approval of the Governors of the States, {p.233} respectively, in the same manner as they grant authority for raising other regiments. The selection of officers, place of rendezvous, and requisitions for supplies of all kinds will be subject to the approval of the Governor, whose authority over the regiments composing the brigade is not intended hereby to be diminished in any manner from that exercised by him over other regiments. It is expected that this brigade will be completed within sixty days from this time, and if not, it will remain with this Department to say if additional time will be granted. Each regiment will be organized as prescribed by act of Congress, viz.* From the above it will be observed that the aggregate minimum regimental organization, including chaplains, will be 844, and the maximum 1,024. Enlisted men will be mustered as enrolled, and all musters of officers will be governed by General Orders, Nos. 61, 78, 1861, and 75, 1862, from the Adjutant-General’s Office.

I am, sir, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

* Details of organization omitted.

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HUNTSVILLE, ALA., July 19, 1862. (Received 5.35 p.m. 20th.)

EDWIN M. STANTON, Secretary of War:

I request authority to organize and muster Alabamians into service in companies or regiments as they present themselves.

D. C. BUELL, Major-General, Commanding.

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WAR DEPARTMENT, Washington City, July 19, 1862.

Hon. JOHN S. PHELPS, Military Governor of Arkansas:

SIR: The commission you have received expresses on its face the nature and extent of the duties and power devolved on you by the appointment of Military Governor of Arkansas. Instructions have been given to Major-General Butler to aid you in the performance of your duty and the exercise of your authority. He has also been instructed to detail an adequate military force for the special purpose of a governor’s guard, and to act under your directions. It is obvious to you that the great purpose of your appointment is to re-establish the authority of the Federal Government in the State of Arkansas, and to provide the means of maintaining peace and security to the loyal inhabitants of that State until they shall be able to re-establish a civil government. Upon your wisdom and energetic action much will depend in accomplishing that result. It is not deemed necessary to give any specific instructions, but rather to confide in your sound discretion to adopt such measures as circumstances may demand. Specific instructions will be given when requested. You may rely upon the perfect confidence and full support of the Department in the performance of your duties.

With respect, I am, your obedient servant,

EDWIN M. STANTON, Secretary of War.

{p.234}

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INDIANAPOLIS, July 19, 1862. (Received 2.40 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

Yesterday the rebels passed the Ohio River and seized Newburg, Ind., capturing a hospital with eighty sick and wounded soldiers. Indiana has a river border of 300 miles exposed to raids from Kentucky. A regiment of cavalry stationed in detachments and a gunboat would furnish great security. Arms for the State Legion are greatly needed.

O. P. MORTON, Governor.

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WAR DEPARTMENT, Washington City, D. C., July 19, 1862.

Governor MORTON, Indianapolis:

Your telegram has just been received. You are authorized to organize a regiment of cavalry immediately, as requested by you, and whatever other force you deem necessary for the protection of your State. An order to supply arms immediately has been given.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 19, 1862.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis, Ind.:

Five thousand Austrian rifle muskets have to-day been ordered to you from New York to arm militia.

P. H. WATSON, Assistant Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 19, 1862.

His Excellency DAVID TOD, Governor of Ohio, Columbus, Ohio:

Ten thousand Austrian rifle muskets have this day been ordered from New York to Columbus to arm militia. On 28th May 10,000 Enfield rifles were sent to Ohio; where are they?

P. H. WATSON, Assistant Secretary of War.

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GENERAL ORDERS, No. 82.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 21, 1862.

The following order has been received from the President of the United States:

Representations have been made to the President by the ministers of various foreign powers in amity with the United States that subjects of such powers have, during the present insurrection, been obliged or required by military authorities to take an oath of general or qualified allegiance to this Government. It is the duty {p.235} of all aliens residing in the United States to submit to and obey the laws and respect the authority of the Government. For any proceeding or conduct inconsistent with this obligation and subversive of that authority they may rightfully be subjected to military restraints when this may be necessary. But they cannot be required to take an oath of allegiance to this Government, because it conflicts with the duty they owe to their own sovereigns. All such obligations heretofore taken are therefore remitted and annulled. Military commanders will abstain from imposing similar obligations in future, and will, in lieu thereof, adopt such other restraints of the character indicated as they shall find necessary, convenient, and effectual for the public safety. It is further directed that whenever any order shall be made affecting the personal liberty of an alien, reports of the same, and of the causes thereof, shall be made to the War Department for the consideration of the Department of State.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., July 21, 1862.

Major-General BUELL, Huntsville, Ala.:

You are authorized to organize and muster into service such number of Alabamians in companies and regiments as you may deem essential for the service. You are also authorized to arrange with the Governor of Pennsylvania for raising three companies of cavalry, as requested in your telegram of the 18th, just received.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 21, 1862.

Capt. GEORGE G. LYON, Aide-de-Camp:

SIR: You are authorized to assure the Governors of those States furnishing troops expressly for the First Corps d’Armée, now commanded by Major-General Sigel, that when raised they will be attached to that corps to the extent of three regiments from New York, three regiments from Pennsylvania, one regiment from Massachusetts, Connecticut, Ohio, Indiana, Illinois, and Wisconsin. Two batteries of artillery from New York, two from Pennsylvania, one from Ohio, and one from Illinois.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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NEW YORK AGENCY OF THE U. S. SANITARY COMMISSION, 498. Broadway, July 21, 1862.

The PRESIDENT OF THE UNITED STATES:

SIR: Three hundred thousand raw recruits are about to be called into the field. It is impossible for the U. S. Sanitary Commission to contemplate this momentous fact without a profound feeling of its obligation to lend Government whatever aid and counsel its peculiar experience may enable it to offer as to the safest and best {p.236} method of getting these men into the field and keeping them there in the most serviceable condition and with the highest attainable economy of life and health. After studying for fifteen months the sanitary interests of our great Army, we have arrived at definite conclusions as to measures necessary to protect these new levies against certain of the dangers which threaten them, and it is our plain duty, as a “commission of inquiry and advice in regard to the sanitary interests of the U. S. forces,” to submit these conclusions, most respectfully, to the consideration of yourself, their Commander-in-Chief.

The careless and superficial medical inspection of recruits made at least 25 per cent, of the volunteer army raised last year not only utterly useless, but a positive incumbrance and embarrassment, filling our hospitals with invalids and the whole country with exaggerated notions of the dangers of war that now seriously retard the recruiting of the new levies we so urgently need. The wise and humane regulations of the U. S. Army that require a minute and searching investigation of the physical condition of every recruit were, during the spring and summer of 1861, criminally disregarded by inspecting officers. In 29 per cent. of the regiments mustered into service during that period there had been no pretense even of a thorough inspection. Few regiments have thus far taken the field that did not include among their rank and file many boys of from fourteen to sixteen-men with hernia, varicose veins, consumption, and other diseases, wholly unfitting them for duty, and which could not have escaped the eye of a competent medical officer-and others with constitutions broken by intemperance or disease, or long past the age of military service. Each of these men cost the nation a certain amount of money, amounting in the aggregate to millions of dollars. Not one of them was able, however well disposed, to endure a week’s hardship or render the nation a dollar’s worth of effective service in the field. Some regiments left 10 per cent. of their men in hospitals on the road before they reached the seat of war. No national crisis can excuse the recruiting of such material. It increases for a time the strength of the Army on paper, but diminishes its actual efficiency. It is a mere source of weakness, demoralization, and wasteful expense, and of manifold mischief to the Army and to the national cause. The frequent spectacle of immature youth and men of diseased or enfeebled constitutions returning to their homes shattered and broken down after a month of camp life, destructive to themselves and useless to the country, has depressed the military spirit and confidence of the people. How can we escape a repetition of this manifest evil, except by a more vigilant and thorough inspection of our new levies, and how can such inspection be secured?

We respectfully submit that no new recruits should be accepted until they have been examined by medical officers of the U. S. Army, entirely without personal interest in the filling up of any regiment. And these medical men should have had some experience in the hardships and exposures of military life. No one, in short, should be allowed to serve as a medical inspector of recruits who has not passed a Regular Army board named by the Surgeon-General himself, and convened at some one of the great centers of medical science. A large percentage of the disease and weakness of our armies up to this time (in other words, the waste of many millions of our national resources) has been due to the inexperience of medical and military officers alike as to the peculiar dangers and exposures that surround the soldier in camp and on the march, and which render the money the nation has {p.237} expended in putting him into the field a far more precarious investment than it would be were he kept under strict subjection to sanitary laws. The liability of soldiers to disease should be far less than it is. It would be so were they required to observe the laws of health. They and their officers, and the people, and the Government, have thus far too generally overlooked those laws. But the last twelve months have taught the Army and the people the immense importance of sanitary science in war. Our school has been costly, but it has already taught us much. For the last three months thousands and thousands of wan and wasted forms, brought north by railroad and on hospital transports, stricken by no rebel bullet, but by far deadlier enemies of the nation-malarial fever and camp dysentery-have been impressing on the people the lesson the Sanitary Commission has been endeavoring to teach ever since the war began, viz, that our soldiers were in far greater danger from disease than from the violence of their enemies, and that we lose ten men uselessly by preventable disease for every man destroyed by the enemy. We have been learning rapidly during the past year. If we have learned anything, it has been that it was a mistake to keep the Regular Army and the Volunteer Army separate. Had the regulars been from the first intermingled with the volunteers they would have leavened the whole lump with their experience of camp police, discipline, subordination, and the sanitary conditions of military life. We should have no Bull Run panic to blush for. Our little Regular Army, diffused among the volunteers of last year, would within three months have brought them up to its own standard of discipline and efficiency.

As it is, the greatest efforts have been required to inspire officers and men with a sense of the nature and importance of sanitary laws, and with the practical application of hygienic principles to their tents, their camps, their persons, and their habits and food. In this work the Sanitary Commission, through its professional experts, has labored methodically and with marked success. But it cannot contemplate the needless renewal of its painful experience without warning Government that the loss of life by debility, disease, and immaturity-ten times that by our bloodiest battles-is wholly unnecessary; that of every ten men lost by the Army during the past year nine have been needlessly wasted; that by proper medical inspection of recruits the material of disease can be reduced to the lowest possible sum; and then, by a proper distribution of the raw recruits among the regiments already formed, and of all new officers among existing regiments, we may at once communicate all that is most important in the sanitary experience of our veteran Army to the new levy of 300,000 men, and thus save them from 75 per cent. of the mortality to which they will otherwise be inevitably exposed.

From a sanitary point of view, the urgency of this policy is clear. If all the 300,000 men now to be recruited were recruited without a single new regiment being formed, it would save the country, sooner or later, thousands of lives and millions of dollars. We should get a far better class of men. They would have a thorough medical inspection, and every man would soon cease to be a raw recruit when absorbed into a veteran regiment. Thus all our year’s costly experience would be saved, and the perils of ignorance, inexperience, and crudity be avoided.

This process, too, is that by which our present Army can be most rapidly re-enforced, since the men raised might be sent to the field as fast as they were collected, and digested into the body of the Army, {p.238} day by day, without delay, and without sensibly diluting its discipline. Whereas, raised by regiments, as at present, with officers and men equally raw, they must be kept in camps of instruction till the pressing want of their services has gone by, or the opportunity of their usefulness is lost.

If it be said that the stimulus to recruiting will be taken away if the aspirations of new officers are repressed, we do not hesitate to meet that alternative by saying that it would meet the wants of the country and the views of an enlightened public sentiment better to draft the whole 300,000 men with the distinct understanding that they were to fill out the skeleton regiments to which the army of veterans has become reduced than to have them raised without drafting by a volunteer process to which raw officers and unskilled medical men would communicate their own ignorance and inadequacy.

Although it is purely on sanitary grounds that we urge this plea, it would be easy to show that military and political wisdom are in exact harmony with sanitary requirements in favoring such a plan. But we do not venture beyond our own sphere to urge considerations of which others are so much better judges.

If Government will call on the Medical Department of the Army for its official judgment on this grave and urgent question, we feel no doubt that these views will be abundantly confirmed, and more forcibly argued.

We have the honor to be, with great respect, your obedient servants,

HENRY W. BELLOWS, W. H. VAN BUREN, M. D., C. R. AGNEW, M. D., WOLCOTT GIBBS, M. D., FREDK. LAW OLMSTEAD, GEO. T. STRONG, Executive Committee of the U. S. Sanitary Commission.

The following is an extract from a report to the Sanitary Commission by its actuary, Mr. E. B. Elliott, which is now in press:

Since one hundred and four (104.4) out of every thousand men (officers and privates together) in the entire Army is the constant proportion of sick, it follows, that, to secure in the field a constant force of 500,000 effective (or healthy and able) men, the nation must constantly maintain, in hospitals or elsewhere, an additional force of 58,000 sick men, making the entire force maintained, both sick and effective, to consist of 558,000 men; 4 per cent., or 22,000 of this entire force would be commissioned officers, and 96 per cent., or 536,000 enlisted men. And since to supply continuous losses in the ranks of the enlisted men, other than losses from expiration of service, requires recruits at the annual rate of 229 per 1,000 enlisted men, it follows, that to keep the ranks of these 536,000 enlisted men constantly full, will require annually 123,000 recruits; 29,000 of these recruits being demanded to supply the annual loss occasioned by death; 54,000 the loss arising from discharge from service, mainly from disability; 27,000 for excess of desertions over returns of deserters to duty; 7,000 missing in action, not subsequently otherwise accounted for, and 6,000 the loss from other causes.

To repeat-assuming the returns of the period from the 1st of June, 1861, to the 1st of March, 1862, as the basis of calculation, it follows, that to secure in the field a constant force of 500,000 effective men, the nation must not only maintain 58,000 sick men, but it must also recruit the ranks of the enlisted portion of these forces with new material, at the rate of 123,000 per annum, so long as the war shall last; a rate somewhat exceeding 10,000 recruits per month. Of these 123,000 annual recruits, 83,000 are to supply losses by death and discharges from service (exclusive of discharges for expiration of its {p.239} term); 34,000 for desertions and missing in action (not returned or otherwise accounted for), and 6,000 to supply other losses specified and unspecified.

The 500,000 effective men are equivalent in number to the number of men in 573 regiments of the average numerical strength (that is 872 men each); and the 58,000 sick equivalent to 67 regiments of average numerical strength; the entire force of 558,000 men to be maintained being equivalent to 640 regiments of average strength.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, July 21, 1862.

Hon. REVERDY JOHNSON:

MY DEAR SIR: Permit me to iterate and reiterate again and again what you knew so well before, but which these deluded people seem determined never to believe, that no merchandise, whether cotton or sugar, will in any event be seized or confiscated by the U. S. authorities here.

I will assure safe conduct, open market, and prompt shipment of all such property sent to New Orleans, and the owner, were he Slidell himself, should have the pay for his cotton if sent here under this assurance.

I am, most truly, yours,

BENJ. F. BUTLER, Major-General, Commanding.

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NEW ORLEANS, July 21, 1862.

Major-General BUTLER:

MY DEAR GENERAL: I needed not your note of this morning to satisfy me on the subject to which it relates. The public mind should have been put right upon it by your proclamation of the 7th of May.

In these times, however, opinion is so sensitive and misrepresentations so frequent upon all matters touching the unfortunate condition of the country, that I am glad to have your note, with the privilege to make it public. The restoration of commerce in and from this port is a result so important to the interest of this State, the United States, and the Governments of Europe that it seems strange that an intelligent man should have doubted your wish, as the representative of our Government, to do all that you could to bring it about.

If there be any really existing fear upon the point, your note (for which I thank you) cannot fail to remove it. The Confederate Government, as it calls itself, may burn and destroy the cotton and sugar of the people whom they claim to represent, and whose rights they pretend to be anxious to protect; they may, too, for a time succeed in keeping alive the delusion of their followers; but an intelligent Southern public and an intelligent European opinion will soon, if it has not already, discover the shallowness of the pretense, and see, unless soon arrested by the fostering power of the Government, the certain ruin to which it must lead.

With great respect, yours, sincerely,

REVERDY JOHNSON.

{p.240}

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U. S. COMMISSIONER’S OFFICE, New Orleans, July 21, 1862.

Major-General BUTLER:

SIR: The examination I have been making into the ownership of $800,000 in coin deposited by Mr. E. J. Forstall as agent of Messrs. Hope & Co. with the consul of the Netherlands, and taken possession of by your order, has resulted in satisfying me that the ten bonds for $1,000 each of the city of New Orleans, and the eight of the city of Mobile for the like amount each, taken at the same time, are the property of Messrs. Hope & Co., and were in good faith deposited as alleged by their said agent, and that they should be returned to him. His authority as agent appears by an original power of attorney, properly proved before me, and also by the fact that he has for years, acted in that capacity.

With high regard, your obedient servant,

REVERDY JOHNSON, Commissioner, &c.

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INDIANAPOLIS, July 21, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Can’t you send me some cannon for our border towns? Indiana had two batteries when the war broke out, which are now in the service. Committees visit me almost hourly from the border, asking for guns and small-arms. My only hope of getting them is through you.

O. P. MORTON.

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BOSTON, July 21, 1862-2.36 p.m. (Received 3 p.m.)

Hon. E. M. STANTON, Secretary of War:

Please authorize me to declare that all who enlist in old regiments will be mustered out with the regiments. This will help induce men preferring old corps, and this is what generals urge constantly.

JOHN A. ANDREW.

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WAR DEPARTMENT, Washington, D. C., July 21, 1862-4.07 p.m.

Governor ANDREW, Boston, Mass.:

You are authorized to say that new recruits for old regiments will be mustered [out] with the regiment.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 21, 1862-10 a.m.

Hon. DAVID TOD, Governor of Ohio, Columbus:

For what term can you raise cavalry in your State, to be mounted with horses purchased in the State under your direction, and how speedily can one or more regiments be raised without interfering with infantry recruiting?

EDWIN M. STANTON, Secretary of War.

{p.241}

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COLUMBUS, July 21, 1862. (Received 2.30 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

I am of the opinion that I can raise one or two regiments of cavalry inside of thirty days without seriously interfering with infantry.

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington, D. C., July 21, 1862-4.35 p.m.

Hon. DAVID TOD, Governor of Ohio, Columbus, Ohio:

You are authorized to raise two regiments of cavalry in your State and mount them. The horses should be required to pass inspection by an officer of the Government, and the price limited, not to exceed $95, that being the price for which they can be furnished at Indianapolis. The clothing will be furnished and the equipments as soon as required.

EDWIN M. STANTON.

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COLUMBUS, July 21, 1862-5.15 p.m. (Received 7.20 p.m.)

Hon. P. H. WATSON, Assistant Secretary of War:

Of the 10,000 Enfields sent May 28, I have issued to three three-months’ regiments and one three-years’ regiment, 3,400; to ordnance officer at Wheeling, 500; to Colonel Burbank, and upon his order, Cincinnati, 5,000. Balance on hand.

GEO. B. WRIGHT, Quartermaster-General.

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WAR DEPARTMENT, Washington City, D. C., July 21, 1862.

Governor CURTIN, Harrisburg, Pa.:

At the request of General Buell, he has been authorized to arrange with you for raising three companies of cavalry, to be united with the company known as Anderson Troop, under Captain Palmer.

EDWIN M. STANTON.

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GENERAL ORDERS, No. 83.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 22, 1862.

In organizing new regiments of volunteers, the subsistence of the recruits prior to the completion of the organization will be chargeable against the appropriation “for collecting, drilling, and organizing volunteers.” After the organization of the regiments is completed, and they have been inspected by the mustering officer for the State, subsistence will be provided by the Subsistence Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.242}

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NEW ORLEANS, July 22, 1862.

Major-General BUTLER:

SIR: The question of the propriety of the payment made to you under protest on the 5th of June last of $8,948.50 by Messrs. S. H. Kennedy & Co., of this city, the estimated value of a third of exchange at sixty days after sight, dated Havana, 30th of the previous April, for £1,789 14s., which you have submitted to this commission, I have carefully considered.

The facts attending the shipment of the cotton to Havana by Messrs. Kennedy & Co., on the proceeds of which the bill was drawn, as well as all the other facts connected with the transaction, are clear. The shipment was in violation of the blockade, and if seized in delicto would have been liable to forfeiture. The proceeds, also, if received here on the return voyage, would have been equally liable. The vessels, also, would, either on the outward or return voyage, have been in like manner liable. But the blockade having been successfully run and the cotton sold in Havana, and the first and second of exchange drawn by the shippers’ consignee in Havana and sent to London by shippers’ order, to be passed to their credit in London, the first question is whether the third of exchange is to be esteemed the proceeds of the shipment and liable to seizure? I am of the opinion it cannot. The first and second of exchange having been paid by the drawees in London and the proceeds passed to the credit of the shippers, the third is a mere nullity, valueless in the hands of the shippers. It was not then the representative of the cotton or its proceeds. The first was the property of the buyers in Havana; the second the property of the shippers, because of the payment of the first or second of exchange and the passing of its proceeds to their credit with their London bankers.

The offense of running a blockade is not under the modern law of nations a personal offense. It affects only the ship and the cargo. If these are not returned physically, or their proceeds on a return voyage, the offense escapes punishment. It never attends the vessel or cargo further than to the termination of the return voyage. With the exception of the immediate return voyage, the rule is well settled by modern authority (English, Continental, and American) that the offense is purged unless the vessel or cargo is captured in delicto.

The harshness of the ancient doctrine as to breaches of blockade, or of contraband of war, has long since been ameliorated. This has been effected by the silent but sure and effective influence of a more enlightened civilization and a better sense of the importance to the interests of the nations of the world of an untrammeled commerce. The rights of war as originally understood have been made to yield to a conviction of the greater value of this interest. War, fortunately for the welfare of man, is coming to be more and more occasional and temporary. Peace is the condition on which his happiness most depends, and all the ancient rules applicable to a state of war, for a long period barbarous and pregnant with evil, have been for years so modified as to take from war many of its terrible consequences.

Second. But there is another fatal objection to the payment exacted from Messrs. Kennedy & Co. When the third of exchange was returned here the blockade no longer existed. It had been removed by order of the President and the port declared to be open. Nothing is better settled than that the raising of a blockade, in the interval between the sailing in violation of it and the capture of the offending {p.243} vessel and cargo, exempts both from the penalty. The object of enforcing the penalty is to guard against future violations of the blockade, not of any that may thereafter be declared. The whole purpose is to secure the particular blockade against violation and no other. When, therefore, that blockade is raised the reason for forfeiture ceases. In the language of Wheaton: “When the blockade is raised a veil is thrown over everything that has been done, and the vessel is no longer in delicto. The deliction may be completed at one period, but it is by subsequent events done away.” (Wheaton’s Law of Nations, 3d ed., p. 550.) The same rule, as well as the others I have stated, will be found to be well established by, among other authorities, the case of the Saunders. (2d Gallison, p. 210; 1st Kent’s Commentaries, 6th ed., p. 151, and Carrington et al. versus the Merchants’ Insurance Co., 8th Peters’ Reports, pp. 495-519.)

My opinion, therefore, is that the sum received from Messrs. Kennedy & Co. should be returned to them.

I have the honor to be, with high regard, your obedient servant,

REVERDY JOHNSON.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, July 22, 1862.

Hon. REVERDY JOHNSON, Commissioner, &c.:

MY DEAR SIR: I have your decision in the matter of the money of S. H. Kennedy & Co., and while I shall pay back the money in obedience to it, if the partners take the oath of allegiance, I must dissent from the conclusions to which you have come, toto animo.

The facts are briefly these: Kennedy & Co. were merchants, doing business in New Orleans, the members of which were citizens of the United States.

They shipped cotton, bought at Vicksburg and brought to New Orleans, from a bayou on the coast, whence steamers were accustomed to run the blockade to Havana, on board steamships that were engaged in carrying goods from the neighborhood of New Orleans to Havana, in defiance of the laws and the President’s proclamation, and under the further agreement with the Confederate authorities here that a given per cent, of the value of their cargoes should be returned in arms and munitions of war for the use of the rebels.

Without such an agreement no cotton could be shipped from New Orleans, and this was publicly known, and the fact of knowledge that a permit for the vessel to ship cotton could only be got on such terms was not denied at the hearing.

The cotton was sold in Havana and the net proceeds were invested in a draft (first, second, and third of exchange) dated April 30, 1862, payable to the London agent of the house of Kennedy & Co., and the first and second sent forward to London, and the third, with account sales and vouchers, forwarded to the firm here through an illicit mail on board the steamer Fox, likewise engaged in carrying, unlawfully, merchandise and an illicit mail between Havana and the rebel States.

The third of exchange and papers were captured by the army of the United States on the 10th day of May, on board the Fox, flagrante delicto, surrounded by rebel arms and munition, concealed in a bayou leading out of Barataria Bay, attempting to land her contraband mails and scarcely less destructive arms and ammunition, to be sent through the byways and swamps to the enemy.

{p.244}

During all this time S. H. Kennedy & Co. have not accepted the amnesty proffered by the proclamation of the commanding general, but preferred to remain, within its terms, rebels and enemies.

Upon this state of facts the commanding general called upon Kennedy & Co. to pay the amount of net proceeds of the cotton (the third exchange of the draft) which, with the documents relating to this unlawful transaction, he had captured, as a proper forfeiture to the Government under the facts above stated, which was done. Upon the submission to you whether the forfeiture was a proper one you have decided that the money should be repaid because the forfeiture was not proper.

Pardon me if I respectfully examine the grounds of that decision. They are: First, that there was no capture of the property or its representative actually running the blockade; second, that there is no personal deliction in Kennedy & Co. in the acts done by them which can render them subject to forfeiture; and third, that the blockade being raised by the proclamation of the President, and before the capture of the draft and paper, all deliction on account of the transaction is purged.

Was not this third of exchange the very representative of the transaction, in connection with the account sales? If the first or second has been paid, then, of course, it becomes valueless; but there was no evidence that either the first or the second had been paid, nor could that have been done in ten days from Havana to London, in which case the third is the sole “proceeds” of the illegal transaction. Is not the third of exchange usually sent by consignee to the principal, where the order is to transfer the fund to a distant house, precisely for the purpose of representing the transaction? In the hands of the owners, S. H. Kennedy & Co., were not these several of exchange of equal value? If one holds the first, second, and third of exchange, can it be said that one is more valuable than the other to the holder? Kennedy & Co. did hold all three by themselves or their agents; all of equal value up to the capture.

The hazards of the return voyage were guarded against by a shipment to England of one of the representatives of the cotton, but the commercial transaction was still in fieri in the transmission of its account sales, and vouchers and representative of value to the company here. Even if I am right, however, it is unnecessary to elaborate the point further, because it seems to me that the decision turns upon a non-appreciation of the, law as to what is the effect of the blockade.

As applied to this transaction the citations and arguments derived from elementary writers upon the law of nations are of no value. This is not the case of a resident subject of a foreign state, attempting to elude the vigilance of a blockade by a foreign power of a port of a third nation. The rule that a successful running of the blockade, or a subsequent raising of the blockade, purges the transaction, so far as punishment for personal deliction is concerned, is too familiar to need citation, at least by a lawyer to a lawyer. It would be desirable to see some citations to show there was no personal deliction in the transaction under consideration.

A traitorous commercial house directly engages in the treasonable work of aiding a rebellion against the Government by entering into a trade, the direct effect of which is to furnish the rebels with arms and ammunition. To do this they intentionally violate the revenue laws, postal laws of their country, as well as the laws prohibiting {p.245} trade with foreign countries from this port, and are caught in the act and fined only the amount of the proceeds of their illegal, treasonable transaction. Their lives, by every law, were forfeit to the country of their allegiance. The representative of that country takes a comparatively small fine from them, and a commission of that same country refunds it, because of its impropriety. Grotius, Puffendorf, Vattel, and Wheaton will be searched, it is believed, in vain for precedents for such action.

Why cite international law to govern a transaction between a rebellious traitor and his own Government? Around the State of Louisiana the Government had placed the unpassable barrier of law, covering every subject, saying to him from that State no cotton should be shipped and no arms imported, and there no mails or letters should be delivered. To warn off foreigners, to prevent bad men of our own citizens violating that law, the Government had placed ships. Now, whatever may be the law relating to the intruding foreigner, can it be said for a moment that the fact that a traitor has successfully eluded the vigilance of the Government that that very success purges the crime which might never have been criminal but for that success? The fine will be restored because stare decisis, but the guilty party ought to be and will be punished. A course of treatment of rebels and traitors which should have such results would be not only “rose water,” but diluted “rose water.”

The other reason given for the decision, that the blockade had been raised, is a mistake in point of fact, both in the date and the place of capture. The capture was not made of a vessel running into the port of New Orleans, nor was the shipment made from the port of New Orleans where the blockade, was raised, but from one of those lagoons where in former times Lafitte, the pirate, carried on a hardly more atrocious business.

Something was said at the hearing that this money was intended by Kennedy & Co. for Northern creditors. Sending it to England does not seem to be the best evidence of that intention. But of course no such considerations could enter into the decision.

I have reviewed this decision at some length because it seems to me that it offers a premium for treasonable acts to traitors in the Confederate States. It says, in substance: Violate the laws of the United States as well as you can; send abroad all the produce of the Confederate States you can, to be converted into arms for the rebellion; you only take the risk of losing in transitu, and as the profits are fourfold, you can afford so to do; but it is solemnly decided that in all this there is no “personal deliction,” for which you can or ought to be punished, even by a fine, and if you are the fine shall be returned.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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STATE OF NEW JERSEY, EXECUTIVE DEPARTMENT, Trenton, July 22, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army:

GENERAL: I beg leave to acknowledge the receipt of an official copy of your letter of the 18th instant addressed to John G. Brown, esq., of New York, authorizing him to recruit, within a fixed time, a brigade {p.246} of volunteers in New York and New Jersey, upon first obtaining the approval of the Governors of said States.

I must decline to authorize Mr. Brown to recruit in the State of New Jersey. I desire to send every available man in New Jersey into the field to fill the quota of the State under the recent call, and to fill our brigades in the field to the maximum standard. It is apparent that it would be injudicious to sanction any enterprise which would embarrass me in accomplishing this result.

Very respectfully, your obedient servant,

CHAS. S. OLDEN.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, August 2, 1862.

Respectfully submitted to the Secretary of War.

It will be seen that His Excellency cannot permit Mr. Brown to raise the troops referred to in the letter of July 18.

E. D. TOWNSEND, Assistant Adjutant-General.

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HARRISBURG, July 22, 1862. (Received 5.05 p.m.)

Hon. E. M. STANTON, Secretary of War:

Will you please to send General Buckingham here as early as possible. We wish to confer with him on the subject of recruiting, and regard it as very important to the service.

A. G. CURTIN.

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GENERAL ORDERS, No. 85.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 23, 1862.

The following order is published for the information of the Army:

WAR DEPARTMENT, Washington City, D. C., July 22, 1862.

ORDER IN RESPECT TO CLOTHING FOR SICK AND WOUNDED SOLDIERS.

The following is a joint resolution of Congress, approved 12th of July, 1862:

“JOINT RESOLUTION authorizing the Secretary of War to furnish extra clothing to sick, wounded, and other soldiers.

“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be authorized to furnish extra clothing to all sick, wounded, and other soldiers who may have lost the same by casualties of war, under such rules and regulations as the Department may prescribe, during the existence of the present rebellion.”

In pursuance of the foregoing resolution, it is ordered, That the Quartermaster’s Department shall issue, upon the requisition of the medical officer in charge of any hospital or depot of sick and wounded soldiers, such regulation clothing, necessary to their health and comfort, as may be requisite to replace that lost by them from the casualties of war. The necessity of the issue to be certified by the surgeon, and the requisition to be approved by the medical director, or medical inspector, of the station. Such issue to be gratuitous and not charged to the soldier.

The Quartermaster-General will cause blank requisitions to be furnished to the officers of the various hospitals upon their application.

EDWIN M. STANTON, Secretary of War.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.247}

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GENERAL ORDERS, No. 86.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 23, 1862.

I. Descriptive lists and accounts of the pay, clothing, &c., of soldiers will never, where it can be avoided, be given into their own hands. Such papers should be intrusted only to the officer or noncommissioned officer in charge of the party with which they are.

II. Except in such cases as that of an ordnance sergeant, specially assigned to duty at a post where there are no troops, and where he cannot be regularly mustered, no soldier must be paid on a mere descriptive list and account of pay and clothing, but only upon the muster and pay roll of his company, detachment, or party, or on that of a general hospital, if he be there sick or on duty. No payments will therefore be made to enlisted men on furlough.

III. The giving in duplicate by any officer of the Army of certificates of discharge or final statements is peremptorily forbidden. (See paragraph 165 of the Revised Regulations.) Not even if such papers are lost or destroyed is any officer of the Army authorized to replace them.

IV. The proper course to be pursued in such cases will be found indicated in paragraph 1341 of the Revised Regulations, and is substantially as follows:

Application for payment in these cases must be made through the Paymaster-General of the Army to the Second Comptroller of the Treasury. The application must be accompanied by the soldier’s statement, under oath, that his final statements and certificate of discharge are lost, destroyed, or have never been received by him; that he has made diligent search or application for them; that they cannot be recovered or obtained, and that he has not received pay on them, nor assigned them to any other person.

All the circumstances of the case must be fully set forth in the affidavit, and this again must be accompanied by all the evidence in corroboration of his statement which the soldier can procure.

On receipt of this the Second Comptroller will audit the account, and if satisfied with the evidence will order payment to the soldier of the amount found justly due to him.

V. The attention of all officers of the Army, and particularly of all company, regimental, and post commanders, surgeons in charge of general hospitals, and paymasters, and of all soldiers discharged from the service, who, from the want of their final statements and certificates of discharge, are unable to procure a settlement of their accounts with the Government, is specially directed to this order.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., July 23, 1862.

GOVERNORS OF LOYAL STATES:

SIR: There is no doubt a large number of soldiers absent from the Army on sick-leave who are abundantly able to rejoin their regiments, but who are neglecting their duty and spending their time at home among their friends.

The penalty of being considered deserters, prescribed in General Orders, No. 65, is in many cases insufficient to induce these men to {p.248} come forward and report themselves; and it has been thought necessary in addition to the provisions of that order to ask the vigorous co-operation of the Governors of States in finding out and sending men to join their comrades in the field.

I am directed therefore respectfully to ask Your Excellency to adopt such measures for this purpose as may seem to you most efficient and proper.

A system of committees appointed throughout your State from among the most reliable and influential of your citizens, who, acting under your official sanction, would be willing to give to their country a few weeks of time and labor, would be extremely useful in this matter, as well as in exerting a wholesome influence on the volunteer recruiting service.

With this single suggestion, and without any intention to dictate to Your Excellency, this Department leaves the matter in Your Excellency’s hands with entire confidence that no effort will be wanting on your part to bring back promptly to the Army the able men whose vacant places in the ranks call them to share its duties and dangers.

General Orders, No. 65, current series, contains full instructions as to the method of providing for the care and transportation of the men.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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WAR DEPARTMENT, Washington, D. C., July 23, 1862.

JOHN B. TEMPLE:

Ordered, 1. That authority be and it is hereby given to the president of the Military Board of Kentucky, John B. Temple, esq., of Frankfort, to raise three regiments of cavalry to serve for the term of one year from the date of being mustered into the service of the United States; and that he be authorized to make the proper requisitions upon the Quartermaster’s and Ordnance and Commissary Departments for mounting, subsisting, and equipping said force, and also upon the Adjutant-General’s Department for the bounty, &c.

2. That he be and is hereby authorized and instructed to seize and appropriate the property of rebels and disloyal persons in said State for mounting said troops and for forage and subsistence.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 23, 1862.

His Excellency F. H. PEIRPOINT, Wheeling, Va.:

SIR: In reply to yours of 17th instant, suggesting that the new levies asked for from your State be for one-year’s troops, I am directed to say that there is no law providing a bounty for one-year’s troops for new levies.

A recent act authorizes the enlistment of men for one year to fill up old regiments with a bounty of $50, one-half in advance, if the President shall decide to make such a call. Also for nine-months’ troops (infantry), with a bounty of $25 in advance.

{p.249}

No such call has yet been made, but the subject is now under consideration. The Secretary would be glad to have your opinion regarding both these classes of troops, &c. It may be doubted whether mixing one-year’s men with those of old regiments for three years will be judicious. Also whether nine months is not too short a time for any.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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NEW ORLEANS, July 23, 1862.

Major-General BUTLER:

SIR: In the case of the seizure of the goods in the store of Maull & Hancock, in this city, which you have referred to this commission, I am of opinion that they should be restored. Neither of the grounds, though at first view plausible, can be maintained.

First. The fact that the parties, one or both, had been engaged in running the blockade constitutes no personal legal offense. The penalty for such conduct is but the forfeiture of the vessel and cargo. But this can only be enforced when the property is caught in delicto, and that can only happen on the outward or immediate return voyage and when, at the time of seizure, the blockade is in force. Neither of these facts existed in this instance, and, beside that, the goods seized are not the returns of any outward shipment. For authorities on the point I refer you to those cited in the opinion I had the honor to give you yesterday in the case of Messrs. Kennedy & Co.

Second. The fact, if true, that Hancock, one of the owners, was engaged in the rebellion or sympathized in it is no cause of forfeiture of his property by military authority. But the fact is denied, and the truth of the denial is established to my satisfaction.

Third. But if both the preceding views were erroneous, the goods should be returned.

It appears that the house of Thaddeus Norris & Co., of Philadelphia, who never violated the blockade or were privy to its violation by Maull & Hancock, and who are loyal citizens, are largely interested in the goods. This appears by an affidavit of Thaddeus Norris, the head of the house, made in Philadelphia on the 27th ultimo, and by an account annexed to the same, now before me.

By these it appears that, whilst Hancock is a creditor for $1,722.20 and Maull for $5,028.24, Norris is one for $17,116.73. To condemn the stock as the property of the two former would be to inflict upon Norris a total loss of his interest in the concern-a result evidently unjust.

I have the honor to be, with high regard, your obedient servant,

REVERDY JOHNSON.

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ADJUTANT-GENERAL’S OFFICE, Washington, D. C., July 24, 1862.

His Excellency the GOVERNOR OF MINNESOTA, Saint Paul:

SIR: You are hereby authorized by the Secretary of War to relieve the companies of the Fifth Regiment of Volunteers from your State now on duty at Forts Ridgely, Ripley, and Abercrombie, and to send them to join the other companies of the regiment in the field. To {p.250} replace these troops you will please call out three independent companies of infantry to garrison the said forts and for all other military service within the State and the Territory of Dakota. The aforesaid service will be special, and the troops in question will not be ordered beyond the State or Territory named.

I have the honor to be, sir, very respectfully, your obedient servant,

L. THOMAS, Adjutant-General.

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WHEELING, July 24, 1862. (Received 11.25 a.m.)

ADJUTANT-GENERAL U. S. ARMY:

Virginia’s quota is put down at two regiments. My proclamation is for 2,080 men. I am anxious to fill up old regiments. Will recruits raised for old regiments be counted in the call? Our people are ambitious to fill up the number called for.

F. H. PEIRPOINT.

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GENERAL ORDERS, No. 88.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 25, 1862.

1. The recruiting detail for each volunteer regiment in the field will hereafter consist of two commissioned officers from the regiment and one non-commissioned officer or private from each company. Paragraph III of General Orders, No. 105, of 1861, is amended accordingly. Regimental commanders will at once select the additional men herein authorized; and the order for detail will, as before, be given by the commanders of departments or corps d’armée.

2. One commissioned officer of the detail will remain constantly at the general recruiting depot to receive the recruits when sent from the rendezvous and to exercise care and control over them after their arrival until they are ordered to their regiments.

3. Recruits for regiments now in the field will be permitted to select any company of the regiment they may prefer. Should the company thus selected be full when they join it they will be allowed to select another.

4. All men who desire, singly or by squads, to join any particular regiment or company in the field are hereby authorized to present themselves to any recruiting officer, when they will be enrolled and forwarded at once to the general depot for the State or district, there to be duly mustered and to receive the bounty allowed by law. In such cases enlistment papers and descriptive lists will be forwarded as directed in General Orders, No. 105, of 1861, from this office.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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NORWICH, July 25, 1862. (Received 11.45 a.m.)

Hon. E. M. STANTON, Secretary of War:

Unless the Government accepts the light battery at once I shall not be able to organize it. Reply.

WM. A. BUCKINGHAM, Governor.

{p.251}

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WAR DEPARTMENT, Washington City, D. C., July 25, 1862-3 p.m.

Governor BUCKINGHAM, Norwich, Conn.:

You will please organize your light battery and forward when ready.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 25, 1862.

Governor MORTON, Indianapolis:

When General Halleck returns from James River he will communicate with you respecting the cannon for the river towns. Your telegram is referred to him.

EDWIN M. STANTON, Secretary of War.

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INDIANAPOLIS, July 25, 1862-8.50 a.m. (Received 11 a.m.)

Hon. P. H. WATSON, Assistant Secretary of War:

I dislike to trouble you, but I have large number of men already in camp and many more going in daily. I have no guns for them, and hope you will furnish me my proportion of Springfield rifles immediately. Indiana will be the first State to furnish her quota.

O. P. MORTON, Governor of Indiana.

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WAR DEPARTMENT, Washington City, D. C., July 25, 1862-10 p.m.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis:

As soon as you have any regiment mustered in it will be furnished with arms on due requisition. Experience has demonstrated that arms ought not to be put into the hands of troops until they are organized into regiments, because if they are put sooner into their hands they are always greatly damaged and many of them lost. There are nearly 30,000 Springfield muskets to distribute among 150 regiments, and Indiana will receive her share of them, as she will of all other superior arms we may have.

P. H. WATSON, Assistant Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 25, 1862.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis:

Have you any militia artillery companies organized and drilled in the border towns who could use cannon? If so, at how many places? How many and what description of cannon did Indiana present to the {p.252} United States, and what officer received them? Such cannon as the United States can spare and the military authorities deem necessary for the defense of Indiana will be sent as soon as possible.

P. H. WATSON, Assistant Secretary of War.

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INDIANAPOLIS, IND., July 25, 1862. (Received 5.20 p.m.)

Hon. E. M. STANTON:

I am raising fourteen regiments. Will all be full in three weeks. If men now recruited were together would make six regiments; besides, have sent 2,500 men into Kentucky since Morgan’s raid. The action of the Governor of Pennsylvania in calling for twelve-months’ men gives me trouble, as it is now said enlistments should be alike.

O. P. MORTON, Governor of Indiana.

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FRANKFORT, KY., July 25, 1862.

A. LINCOLN, President of the United States:

SIR: We earnestly appeal to the Government to permit Kentucky to raise 8,000 troops-one-half cavalry-for twelve months, to be mustered into the service of the United States, for the defense of Kentucky. Kentucky soldiers have been removed beyond the limits of the State, and we are left with a disloyal Governor, with traitors and treason all around us, without a military force at all adequate to preservation of the lives and property of our loyal people. We confidently believe that Kentucky is now in imminent danger of an immediate invasion by a formidable force of the enemy; is threatened within at all points with revolution, and that the State can only be saved by the prompt acquiescence of the Government in this request. Immediate attention to this is requested.

J. B. TEMPLE, President Military Board. J. F. WOOD, Of Military Board. JAS. F. FISK, Speaker of the Senate. RICHD. A. BUCKNER, Speaker of the House of Representatives.

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BOSTON, July 25, 1862. (Received 7 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

Please empower me to confer on such persons as I may deem desirable authority to muster in recruits for any corps in the service. It is important for the efficiency of our recruitment for old regiments that this power be immediately conferred on me. At present only one person in the State possesses the requisite authority-namely, the V. S. mustering officer at Boston.

JOHN A. ANDREW.

{p.253}

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ADJUTANT-GENERAL’S OFFICE, July 25, 1862.

His Excellency the GOVERNOR OF VIRGINIA, Wheeling, Va.:

The two regiments are independent of recruits for old regiments. Fill up old regiments in addition.

L. THOMAS, Adjutant-General.

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CHICAGO, July 26, 1862-8.45 a.m. (Received 10 a.m.)

Hon. EDWIN M. STANTON, Secretary of War:

The Board of Trade have raised a bounty fund of $30,000, and have recruited a full battery of artillery and are rapidly filling up a regiment. I deem it of great importance that the battery be promptly accepted. Answer for great war meeting to be held to-day.

ISAAC N. ARNOLD, Member of Congress.

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862-3.30 p.m.

Hon. ISAAC N. ARNOLD, Chicago, Ill.:

Your telegram received. The patriotic liberality of your Board of Trade is highly honorable to them and gratifying to this Department. The battery of artillery will be accepted.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862-3.30 p.m.

Governor MORTON, Indianapolis:

Governor Curtin’s call for nine and twelve months’ men was not authorized by the Department, and is sanctioned only from the necessity occasioned by his premature action, and efforts are being made to correct it in Pennsylvania, which, I think, will succeed.

EDWIN M. STANTON, Secretary of War.

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INDIANAPOLIS, IND., July 26, 1862.

Hon. P. H. WATSON:

I am painfully surprised by the spirit of your two dispatches received this morning. From the doubts and hesitation expressed by your inquiries I should infer that the requisitions made in behalf of the State are regarded in the light of favors, to be strictly scrutinized, and granted, if at all, with hesitation. I cannot organize artillery companies without being able to assure them they will get guns, nor can they drill without guns.

O. P. MORTON, Governor of Indiana.

{p.254}

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862.

His Excellency O. P. MORTON, Governor of Indiana:

If you had not misapprehended the spirit of my dispatches you would have seen no reason for being surprised. Indiana, Ohio, Kentucky, Missouri, and Tennessee are calling for more cannon than can be issued; but you make a special claim for cannon for Indiana upon the ground that she presented some batteries to the United States last year. If there be a reason arising from that transaction for sending cannon at once to Indiana, instead of waiting for General Halleck to apportion such guns as can be spared from the army in the field among the several States according to their respective exigencies, this Department desired to know the facts and called for them that the guns might be at once sent. The Governors of most of the States are calling for Springfield muskets for their troops, and expressing, as you have done, an apprehension that this Department will not apportion to the troops of their respective States the full proportion to which they are entitled of the best arms. To these suggestions of a disposition to favor one State at the expense of another the Department can only say to you, as it has done to other Governors, that this Department has only a given number of guns to distribute to a given number of regiments, and that Indiana and every other State shall have her full distributive share. Does this authorize your inference that the requisitions made in behalf of the State of Indiana are to be regarded in the light of favors, to be strictly scrutinized, and granted, if at all, with hesitation? This Department recognizes the right of Indiana and of all other loyal States to call upon the Government to supply the best arms and munitions of war that can be obtained, and would be gratified if a full supply of the very best kinds could be sent at once to all of them.

P. H. WATSON, Assistant Secretary of War.

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INDIANAPOLIS, IND., July 26, 1862.

Hon. P. H. WATSON:

The dispatch in regard to artillery was drawn by my secretary and I do not know the precise words. We claim nothing for the cannon we let the Government have. They were referred to to show that none were left in the State. The counties in Kentucky on the Ohio River are, many of them, very strongly secession and are daily getting worse, and very much of our shore is constantly patrolled to prevent attack by parties crossing the river. If we are to have cannon we hope to get them at once. Our security only in our preparation. In the distribution of Springfield arms the distribution heretofore, since the beginning of the war, should be taken into account.

O. P. MORTON, Governor.

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862.

Hon. SAMUEL J. KIRKWOOD, Governor of Iowa:

SIR: By order of the President of the United States you are authorized and directed to make a draft of militia of the State of Iowa to fill {p.255} up the quota of volunteers called for by the President, or as much thereof as by reason of the deficiency of the volunteers or other cause you may deem proper.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862-10.45 a.m.

Governor ISRAEL WASHBURN, Jr., Augusta, Me.:

SIR: The publication yesterday of an order to Captain Dodge to muster in recruits for nine and twelve months from Pennsylvania renders an explanation necessary. The following is a copy of a letter addressed to the adjutant-general of Pennsylvania, which will serve to define the position of this Department on the subject. The bounty for nine-months’ troops is but $25 in all.

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Same to the Governors of all the loyal States and Hon. J. B. Temple, president Military Board, Frankfort, Ky.)

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WAR DEPARTMENT, Washington City, D. C., July 24, 1862.

General A. L. RUSSELL, Adjutant-General of Pennsylvania:

SIR: Referring to the conversation between us yesterday on the subject of raising volunteer troops in Pennsylvania for nine months, I am directed to say that at present it is considered inexpedient by the President to call for any other than those three-years’ troops designated in the last levy.

This Department cannot of course interfere with the proceedings of the Governor of Pennsylvania in calling out troops for nine and twelve months, but while they would without doubt be accepted in the present emergency, it is to be understood that the Governor must take the entire responsibility of raising them without an express call of the President.

Unless orders to the contrary shall be given, mustering officers will muster into the service of the United States the troops now organizing under the proclamation of the Governor of Pennsylvania.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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AUGUSTA, ME., July 26, 1862-4.20 p.m. (Received 4.50 p.m.)

General C. P. BUCKINGHAM, Assistant Adjutant-General:

Maine is raising only three-years’ volunteers. They are coming on well.

I. WASHBURN, JR., Governor.

{p.256}

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BOSTON, July 26, 1862-4 p.m. (Received 4.15 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

Doing our utmost recruiting the old regiments, but blocked constantly by circumlocution. I am powerless, but believed by everybody responsible. If I can appoint mustering officers and can do all things needful and allowable under Army Regulations to be done by any one, I will strike heavy and quick. Do give me plenary powers, and not leave [me] obliged to call on anybody, but enable me to appoint all needful officers for carrying on the recruitment. Men from Berkshire can’t wait for officer in Boston, who assumes that he alone can muster for regiments already in service.

JOHN A. ANDREW.

So prays

WM. SCHOULER, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862.

Governor ANDREW, Boston:

The Adjutant-General directs that the rules of service require the mustering-in officer to be in the Government service, especially as he is charged with the disbursing of the bounty fund. He has been directed to send you immediately more officers, so as to hasten the mustering. This I hope will meet your necessities.

EDWIN M. STANTON, Secretary of War.

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPT., Boston, July 26, 1862.

Hon. E. M. STANTON, Secretary of War, &c.:

SIR: We raised last year a regiment of cavalry. No pains were spared in recruiting its men, in selecting its horses and outfit. It was raised under the eye of Capt. Robert Williams, of U. S. cavalry, its colonel. The ablest young men in the State are in its field, staff, and line; but the regiment has been all the time at and near Hilton Head, S. C., where there is no proper cavalry service for them, and where the climate is destroying the men. It is really too good stuff to rot or rust. And though I seek no favor as such for Massachusetts people, yet I think I do good to the country and aid the Department of War in seeking to bring the facts to notice, that while in Tennessee (and I suppose in General Pope’s department) cavalry of efficiency and gallantry is needed, this corps is fading out ingloriously. I earnestly pray that this regiment may be immediately transferred, if possible.

With great respect, yours, obediently,

JOHN A. ANDREW.

{p.257}

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WAR DEPARTMENT, Washington City, D. C., July 26, 1862.

Brigadier-General SCHOFIELD, Saint Louis, Mo.:

Information has reached the Department that your order directing every able-bodied man in Missouri to enroll himself for military duty has been construed by you to include telegraph operators and employés. If this be so, you will please suspend the order as to this class of persons. Their services in their present employment are indispensable to the Government.

EDWIN M. STANTON, Secretary of War.

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ALBANY, July 26, 1862. (Received 12 m.)

Hon. E. M. STANTON:

Your dispatch respecting nine-months’ men is received. All our men enlisted for three years or the war. Applications for a less term of service will not, in the present state of affairs, be entertained in this State.

E. D. MORGAN, Governor of New York.

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BRATTLEBOROUGH, VT., July 26, 1862.

Hon. E. M. STANTON, Secretary of War:

Thank General Buckingham for telegram explanatory of short enlistments in Pennsylvania. Have felt that it would be a grave mistake should the Government decide to accept troops under recent call for 300,000 any less than three years or the war. Enlistments are progressing well in Vermont.

FREDK. HOLBROOK, Governor.

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U. S. COMMISSIONER’S OFFICE, New Orleans, July 26, 1862.

Major-General BUTLER:

MY DEAR GENERAL: Yours of the 22d, reviewing my decision of that date in the case of Messrs, S. H. Kennedy & Co., was not handed me until late yesterday afternoon. As you consider the case finally decided and as embraced by the rule stare decisis, it is not necessary, as far as the case itself is concerned, that I should trouble you or myself with a review of your review, but, as the principles involved are of general importance and may be applicable to other cases, you no doubt expect a reply. This is also required by the respect due to myself, by what I have adjudged to be the rights of the particular parties, and by the esteem in which I hold your individual judgment. I shall endeavor to make the reply as brief as perspicuity will permit.

First, as to the parties. Here, as far as there was any evidence before me, you are clearly in error in several, in your view, important particulars.

{p.258}

1. There was no proof before me, by admission of the parties or otherwise, that it was a part of the agreement under which their cotton was shipped to Havana “that a given per cent, of the value” “should be returned in arms and munitions of war for the use of the rebels.” On the contrary, the papers submitted to me contain facts inconsistent with such an agreement. A letter from S. H. Kennedy, one of the house, to Messrs. Farwell & Co., of Boston, creditors of the firm for $8,681.85, dated New Orleans, May 17, 1862, advised them that the city was “in the hands of the Federal Government, and that the writer thought that it would not see, at least for many years, any other flag of authority than the Stars and Stripes.” It also contained this paragraph: “Although my firm was called upon to pay into the Confederate receiver’s hands the amount due to you and the others as alien enemies I steadily refused, and am happy to say that I succeeded in putting some Confederate money into cotton, with which the blockade was run, and it has no doubt been sold in Havana, and so soon as I can obtain sales I will have your account adjusted.”

2. The cotton did reach Havana, was sold there by the consignee, and the account sales, as does the third of exchange seized here by you, show conclusively that the entire proceeds were invested in sterling in London.

3. Another letter from the same to the same, dated June 10, 1862, after you had exacted payment of the amount of the third of exchange, advised the Boston house of the actual sale of the cotton (250 bales) in Havana for, net, £1,780, and that it had been remitted to London to be passed to the credit of the New Orleans house; that you had compelled the house to pay the bill, estimating it at $5 to the pound sterling, and that you had told them that you “did not confiscate the amount, but sequestered same subject to orders from your Government,” and they added, “we are thus deprived by this sequestration, and by the burning of other cotton of ours by the rebels, of some $17,000 or $18,000, with which we had intended paying you and others at the North debts due them;” and lastly-

4. In the only hearing of the case to which you invited me, after having done me the honor to ask me to decide between you and the claimants, and when, beside yourself and myself, one of the claimants, S. H. Kennedy, and their counsel, Messrs. J. D. Rozier and William H. Hunt, were also present, when you stated that the shipment was made under the agreement you now repeat, as to a return of a per centum in arms, &c., Mr. Kennedy positively denied that any such existed in his case; and as yet I have seen no evidence of the fact other than your verbal statement, which, however I should hold all-sufficient in regard to a matter of which you had personal knowledge, could not be received as evidence under any known rule of evidence with which I am acquainted. Upon the whole, then, as far as the particular fact is concerned that I have examined, I submit that a more careful consideration of it will satisfy you that you are mistaken.

Second. That the third of exchange and account sales were forwarded to the claimants “through an illicit mail on board the steamer Fox, likewise engaged in carrying, unlawfully, merchandise between Havana and the rebel States;” that the third of exchange and papers were captured by the army of the United States on the 10th of May on board the Fox, flagrante delicto, surrounded by rebel arms and munitions concealed in a bayou leading out of Barataria Bay, attempting to land the contraband mails and scarcely less destructive arms {p.259} and ammunition, to be sent through the byways and swamps to the enemy.”

1. There was no proof before me that this mode of returning the draft to the claimants was selected by them, or that they had any knowledge of it until “the army of the United States captured” it on the 10th of May. Conceding, argumenti gratia, that the fact, if brought home to the claimants as a part of the original plan, would affect the question, I have decided the conclusive answer to it is that the fact was not in any way proved. The United States and you, as their honored representative, were the actors in the sequestration. It was for you to establish, not by statement, but by evidence, every fact which you deemed material. My function was purely judicial. In discharging it it was my duty to regard alike all the parties to the controversy. The money you had exacted was that of the claimants. You alleged that it was forfeited to the United States by some act of civil illegality or of moral or legal crime. It was for you to make the charge good. Every fact tending to that end it was for you to establish. The absence of proof of it established the case of the claimants and entitled them to the return of the money. If, therefore, the manner of the attempted transmission of the third of exchange and account sales in the Fox, with a contraband mail even more destructive than arms and ammunition, or, to use your own words, “contraband mails and scarcely less destructive arms and ammunition” (what kind of a mail that was passes my comprehension), affected the question of sequestration or forfeiture, it was for you to verify it, not for the claimants to disprove it or, as the judge between you, for me to assume it.

Third. The only fact upon which you have put me right is that the seizure was made before and not after the blockade was raised. But however material that may be in other cases, if it exists, the absence of it in the present instance does not in any way affect the judgment which I have pronounced. Having thus disposed of the facts on which we differ I proceed to consider the other points of your review.

First. That I erred in holding that the third of exchange, when seized, did not represent the property that run the blockade. What I did say was, “that that bill was not the representative of the cotton, as far as that fact was material to the case before me.” My decision was pronounced on the 22d instant. The cotton was sold in Havana in April and the proceeds invested in sterling on the 30th of that month. These bills were not drawn in favor of the claimants, but of a third party, and the first and second transmitted by their order to London to be placed to their credit.

That they had not reached their destination at the time of the seizure is immaterial. They had reached it long before my decision was given, and having been paid by the drawees, the possession of the third by the claimants, or by you claiming under them, gave no right whatever to demand of the claimants the amount of the bill; and the mailing at Havana of the first and second, directed to the proper parties in London, was equivalent to the receipt, unless it was made to appear that they never reached them.

A letter deposited in a legal mail is ever held, till the contrary appears, to be a delivery, and no intervening act on the part of a person mailing it can in any way affect the legal results of actual delivery. This is a proposition too familiar to need citation, at least “by a lawyer to a lawyer.” I consequently forbear any. The real representative of the cotton is the proceeds. These are money, and {p.260} that is in the hands of a third party or of an agent of the claimants, who is out of the rightful jurisdiction of the United States. In no sense can the third bill be esteemed its representative. It is, on the contrary, worth no more than the paper on which it was drawn. If, therefore, the right in this case to seize as forfeited the outward cargo was limited to a seizure on the outward voyage, or of the proceeds coming into the country on the return voyage, then, with all the confidence that I am at liberty to feel when differing from so enlightened a jurist as yourself, I repeat that the third bill is not “to be esteemed the proceeds of the shipment and liable to seizure.

Second. But you suppose that my application of the rule of national law, if I am right in the other particular, “turns upon a non-appreciation of the law, as to what is the effect of a blockade,” and that, “as applied to this transaction, the citations and arguments derived from elementary writers upon the laws of nations are of no avail.” Your reasons for this repudiation of the authorities which, in my simplicity, I cited, are that in this case “a traitorous commercial house directly engages in the treasonable work of aiding a rebellion against the Government, by entering into a trade, the direct effect of which is to furnish the rebels with arms and ammunition. To do this they intentionally violate the revenue laws, the postal laws of their country, as well as the laws prohibiting trade with foreign countries from this port, and are caught in the act, and fined only the amount of the proceeds of their illegal treasonable transaction.”

First. I have already endeavored to correct the error of fact in the first part of this quotation. There was no evidence before me when my decision was given, nor is there now, that the house of the claimants was a “traitorous commercial house,” entering into a trade, the direct “effect of which is to furnish the rebels with arms and ammunition.” On the contrary, the proof-the legal proof-is the other way.

1. No such proof was or has been produced in support of the charge.

2. It does not appear that the claimants ever made any other shipment than the particular one.

3. They deny, and denied in your presence and in mine, that they entered, in making the shipment, into an agreement to return a part of the proceeds in arms, &c., for the rebels.

4. It affirmatively appears that the entire proceeds were invested in sterling and remitted to London, to be passed also in their entirety to the credit of the house.

No treason, therefore, was perpetrated unless the running the blockade with cotton to be sold, and proceeds to be passed to the shippers’ credit, and to be used in the payment of their loyal creditors residing in the loyal State of Massachusetts, was treason. Treason under the Constitution of the United States can “consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” It would be a strange commentary on this clear and precise definition to hold that a citizen of the United States, by shipping his cotton abroad for sale, even in violation of a blockade, with directions to his correspondents to pass proceeds to his credit to be used in the discharge of honest debts due to loyal men, either levies war upon the Government or gives aid and comfort to its enemies. In times like the present every patriotic citizen, acting at moments without due reflection, seizes upon any means which he may think will tend in any way to suppress the existing unjustifiable and {p.261} treasonable rebellion. To this feeling, leaning as it does to virtue’s side, is to be ascribed the occasional violation of constitutional guarantees. Pure as the motive may be, I am sure your sound sense, patriotic wisdom, and reverence for all the securities of constitutional liberty, will cause you to restrain it within legitimate bounds whenever the opportunity offers itself. The restoration of the Union, you will agree with me, will not repay us for the blood and treasure being so profusely expended to accomplish it, if it is to come to us deprived of the guarantees which our fathers thought and all experience proves are so essential to human freedom, and especially of that guarantee which the definition of treason was obviously designed to offer. Permit me to say, my dear general, that no court in any part of our loyal country would permit a prosecution for treason against Messrs. Kennedy & Co., upon the facts that were and are before me, to stand for a moment. The violation of the revenue laws, the postage laws, or “the laws forbidding trade with foreign countries,” cannot be construed into the “levying war against” the United States or “adhering to their enemies, giving them aid and comfort.” To offend in these particulars is to commit the offense which the special laws may define, and to subject the party to such punishment as the laws may provide. But such conduct is not treason, nor could Congress, the sole body vested with legislative power, make it treason without totally and illegally disregarding the constitutional inhibition. If I am right in this view, your power over the parties was just that, and no other, that the law gives.

You say: “Their lives by every law were forfeited to the country of their allegiance.” Consider of this again, general, I invoke you. To make the running of a blockade a capital offense, forfeiting the life of the perpetrator; to do the same with the violator of postal regulations, or regulations of trade; to punish, as for treason, acts which the Constitution declares Congress itself shall not so punish, would be a stretch of military power not sanctioned even by that most fruitful of all reasons for passing by, as obsolete and unsuited to the times, all constitutional securities-military necessity.

But in this instance you did not impose nor assume to impose a fine at all. You seized the specific thing-the third of exchange. You evidently considered that the representative of the original offending cargo. You sequestered that, and it was the exact amount of what you considered its actual value that you held to be forfeited or liable to be forfeited to the United States, because of the original illegal shipment. You now, in the paper to which I am replying, take another ground: You abandon the right to the specific thing as forfeited. You rely upon the alleged traitorous conduct of the shippers as justifying you in mulcting them in a penalty or fine. You now say that this fine was imposed in a spirit of mercy, “as their lives by every law were forfeited to the country.” The question which you told one of the house you would submit to the Government was their liability to have the value of the bill sequestered-the specific bill-not whether, because of treasonable or other illegal facts, you had a right to fine them to the amount of the bill, or to any other amount, or to impose upon them any other punishment. As the representative of the country you now allege that, notwithstanding your assured heinousness of their offense, you imposed upon them a “comparatively small fine, and that I, as a commissioner of the same country, refund it because of its impropriety.” You forget, general, that the question of your right, in behalf of our common country, to impose a {p.262} fine upon the parties upon the ground of previous crime was never submitted to me; and if that had been the character of your original judgment, I do not err, I think, in supposing that it would never have been referred to me. The right to impose a fine under military power, and the propriety of the quantum of the fine, are not questions for a mere lawyer to decide; and they would be still more inappropriate in the particular case, where I possess no other ability than that which reasonable professional knowledge may give, whilst to these, possessed by yourself in larger wealth, are added the acquirements of the accomplished soldier. The question before me was purely a legal one, and as such I passed upon it. To give that weight to my decision which it would not otherwise have had I cited names eminent for legal knowledge, and illustrious by lives of spotless purity and patriotic virtue. These citations, however, you deem wholly inapplicable. Are you sure you are right? The blockade declared by the President was by many persons said to be beyond his power, but the courts of the country have so far maintained and enforced it; and in doing this, as well against citizens as aliens violating it, they have uniformly applied to it the laws of blockade as declared by the very authorities that you designate as wholly inapplicable. To run a blockade is the same offense, identically, whether done by a citizen or a foreigner. The punishment in each case is the same. The property, if seized in its transit, or its proceeds, if seized on the return voyage, is all that is subject to forfeiture. But no offense is perpetrated for which the party can be otherwise punished. He is not liable personally, nor is any of his other property subject to forfeiture. No judge before whom the cases have come has held a different doctrine or failed to decide them upon the very laws of blockade upon which my decision was based. I submit to you therefore that you are clearly in the wrong in holding a different one. Grotius, Puffendorf, Vattel, and Wheaton are to “be searched” by a judge, whether military or civil, who wishes his judgments to rest upon established principles of national law, and derives for their support the authority of the great lights of national jurisprudence. Notwithstanding, therefore, the aid of your friendly criticism (for which I am grateful), I am but the more convinced of the correctness of my judgment. Permit me, general, in conclusion to observe that there is a passage in your letter that bears an interpretation which I am sure is contrary to your meaning. It is this: “The fine will be restored, because stare decisis, but the guilty party ought to be, and will be, punished.” This admits perhaps of this construction: I will restore the money, but the parties I know to be guilty, and I will, in some other way than by the particular fine, punish them. It may mean, take the $8,900; I give it to you because the commissioner, to whom I agreed with you to leave it, has decided that it should be returned; but that being done, I will punish you in some other way, either by imprisonment or by the imposition of another and even a greater fine. That this is not your purpose, I am satisfied. If it was, it would be a strange application of the rule stare decisis, and I submit to you therefore the propriety of putting at rest any fears the parties might otherwise entertain. A word or two more and I will cease to trouble you. You state that the rules upon which I decided the case would have results which “would be not only ‘rose water,’ but diluted‘rose water.’” If the rose water of the law (is there any in it?) is diluted, find fault with the law; use your influence to have it made stronger. Give to it in that way alcoholic strength, but do not be wiser than the law, and get on with the diluted article {p.263} until you can procure a purer one. Again, you state that my decision “says, in substance, violate the laws of the United States as well as you can; send abroad all the produce of the Confederate States you can, to be converted into arms for the rebellion. You are only liable to the risk of losing in transitu; and, as the profits are fourfold, you can afford so to do, for it is solemnly decided that in all this there is no personal delictum, for which you can or ought to be punished even by a fine; and if you are, the fine shall be returned.”

Your patriotism, general, and your love of satire, as Sir William Jones said of the learning of Lord Coke, are so exuberant that in this instance they have boiled over and produced but a frothy conceit. Have I said that these parties, if they had been convicted of a crime, ought not to be punished? I have not seen any evidence of a personal crime, or of any offense other than the violation of the recent blockade. My patriotism (I am sure you will not consider me as presumptuous in saying so) is as pure and disinterested as your own. We are both laboring in our several spheres to bring the rebellion to an end. We both alike look with solicitude to that result, and are ready to give our whole time to its attainment. Either of us would scorn himself could he be found offering “a premium for treasonable acts to traitors in the Confederate States.” As a military man-“only a soldier”-the policy in cases of this kind that you would adopt does not suit my old-fashioned notions of constitutional guarantees, early formed, and but confirmed with time, and now stronger than ever. I prefer to stand on the usages of our fathers, those champions of constitutional liberty who sacrificed fortune and life to secure it, rather than on the fitful, unregulated, unrestrained promptings of military power. I believe that the Union can only be restored-certainly sooner restored-by regarding the landmarks of the Constitution, by observing and preserving the rights of the States and of individuals, and by forbearing to violate either upon any pretense of “military” or other “necessity.” Let all loyal men as with one heart rally around the Government that has made us, until lately, the wonder and envy of the world (now only in an eclipse from traitorous ambition); support it in all its legitimate powers; restrain it, legally, in all its occasional excesses, and all will sooner or later be well, and this fair city-but recently a place of refinement, prosperity, and wealth never surpassed; at present, as is exhibited in its almost deserted streets, closed warehouses, and desponding citizens, impoverished almost to pauperism-will be restored to its former peace and happiness, and her citizens be found as of yore, knowing those of the loyal States only as brothers of a common country, and of a Union never again to be separated or disturbed by criminal ambitious artifice, but one in hope, in fortune, and in destiny.

I remain, with regard, yours, truly,

REVERDY JOHNSON, Commissioner, &c.

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U. S. COMMISSIONER’S OFFICE, Customhouse, New Orleans, July 26, 1862.

Lieut. A. F. PUFFER, Aide-de-Camp:

SIR: The box the major-general sent me a few days since contained, amongst other things, the eighteen bonds of the cities of New Orleans {p.264} and Mobile. It being locked, and the consul of the Netherlands having the key, I applied to him for it, saying that I desired to deliver the bonds to Mr. Forstall, who claimed them as the agent of Messrs. Hope & Co. He declined sending the key. I then had the box opened, delivered the bonds to that gentleman, taking his receipt (a copy is inclosed), and notified the consul that I held the box to be delivered to him with the remainder of its contents. This he refused also by letter. My answer, a copy of [which] I send you for the information of the general, will show him the condition in which the matter now stands.* As this copy is the only one I have the general will oblige me by returning it. I will have another made for him if he should desire one.

Yours, with regard,

REVERDY JOHNSON, Commissioner, &c.

* Copy not found.

[Inclosure.]

Received, New Orleans, 22d July, 1862, from the Hon. Reverdy Johnson, commissioner, &c., under an order from Major-General Butler, the following bonds:

Ten consolidated debt city of New Orleans bonds for $1,000 each; eight Mobile City bonds for $1,000 each, the property of Messrs. Hope & Co., of Amsterdam, placed under the protection of the consul “des Pays Bas,” and seized by order of the commander of the Gulf Department.

EDM. J. FORSTALL, Agent of Hope & Co.

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SPRINGFIELD, ILL., July 27, 1862.

Hon. E. M. STANTON, Secretary of War:

Dispatch as to nine-months’ troops received. Hope that the policy of three-years’ troops will be adhered to generally. In the last ten days all right in Illinois. The nine-months’ regiments are filling up fast. I think I can raise 20,000 troops very soon, and hope you will authorize me to do so.

RICHARD YATES.

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HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, July 28, 1862.

Hon. REVERDY JOHNSON, U. S. Commissioner, New Orleans:

MY DEAR SIR: I spoke to you Saturday of a proposition made to me by an English gentleman engaged in the cotton trade in Mobile.

His proposition is, that the rebels will permit cotton to come out of Mobile in exchange for salt and such merchandise as they need there, not contraband of war, provided a pledge shall be given that the cotton shall be shipped to England.

Of course we do not care where the cotton goes, even if it gets to that portion of the world known as Great Britain, where they inhumanly blow rebels from guns and sack cities that are so unfortunate as to fall into their hands, as witness Pekin and Delhi.

{p.265}

Please give me your opinion, as this is rather a civil than military question.

I have the honor to be, very respectfully, your obedient servant,

BENJ. F. BUTLER, Major-General, Commanding.

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WAR DEPARTMENT, Washington, D. C., July 28, 1862.

GOVERNORS OF ALL LOYAL STATES:

It would be of great service here for us to know, as fully as you can tell, what progress is made and making in recruiting for old regiments in your State. Also, about what day the first new regiment can move from you; what the second; what the third, and so on. This information is important to us in making calculations. Please give it as promptly and accurately as you can.

A. LINCOLN.

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NORWICH, July 28, 1862.

President LINCOLN:

Recruiting for old regiments goes slowly; for new everything looks promising. I am organizing regiments by districts. Four will be ready about the same time-say in September. Three encampments are now delayed for want of supplies for which requisition was made early this month. Until the regiments rendezvous enlistments are delayed. General Meigs has ordered supplies, which are daily expected. I regret that I cannot be more definite.

WM. A. BUCKINGHAM, Governor of Connecticut.

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FAIRFIELD, IOWA, July 28, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

I arrived at home on Saturday last from Washington and found a lamentable state of affairs in this section of Iowa.

Our loyal people are doing everything in their power to raise the number of troops required of this State, but very serious obstacles are thrown in their way. I will give you one instance, and ask you to take some action in regard to it as well as in all similar cases.

On last Saturday a recruiting officer visited Rome, a small town in Henry County, for the purpose of raising recruits. He was a wounded soldier and not able to defend himself. As soon as his business became known he was at once set upon by four miscreants and ordered to leave the town. He at first declined. The assailants threatened to hang him if he did not go, declaring that he should not stay there. He was compelled to leave. To-day a squad of soldiers went to Rome to arrest the men. I hear that they have arrested a part of them. But I do not know that any officer in this State has authority to hold them as prisoners.

Now, I suggest that some officer, say Capt. G. W. Newman (who, I understand, is stationed at Burlington), or some other U. S. officer, be authorized by the Department to arrest such persons. Something of this kind must be done. The work of enlistment must not thus be interfered with. An end must be put to all such work and that at once.

{p.266}

Men in this and surrounding counties are daily in the habit of denouncing the Government, the war, and all engaged in it, and are doing all they can to prevent enlistments. This should be stopped, so far as relates to enlistments, in some way. The Government needs men, and that as soon as possible. But with an organized determination on the part of a very considerable number of men in each county, the work of enlistment must go on slowly.

I hope something in relation to this matter may be done at once.

Yours, truly,

JAMES F. WILSON.

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FRANKFORT, KY., July 28, 1862-5.30 p.m. (Received 10 p.m.)

His Excellency A. LINCOLN, President of the United States:

No recruiting for old regiments is in progress in Kentucky, no details for that purpose, as we understand the general orders to require, having been made. The late excitement in Kentucky has so retarded preparations for new regiments that no idea can now be formed as to period of completion of any of them.

J. B. TEMPLE, President of Military Board.

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AUGUSTA, July 28, 1862. (Via Bath. Received 4.20 p.m.)

His Excellency A. LINCOLN:

The State pays additional bounty of $10 to recruits for old regiments, and I am succeeding very well in obtaining them. Four new regiments can march in twenty days-say one in ten, one in fourteen, one in sixteen, and one in twenty days, but Government should send immediately a paymaster. Also, arms for one regiment are wanted.

ISRAEL WASHBURN, JR.

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(Translation.)

DETROIT, July 28, 1862.

The Honorable Mr. SEWARD, Secretary of State of the United States of America, &c.:

SIR: I have the honor to bring to your knowledge that I have just received from his excellency the minister of the King for foreign affairs instruction relative to the facts which have occurred at the consulate of the Netherlands at New Orleans on the 10th and 11th of the month of May, this year.

Approving fully the line of conduct which I thought it my duty to pursue in that business, the Royal Government shares the satisfaction which I experienced when by your letter of 5th of June you were so good as to inform me, sir, that the President and Government of the United States viewed the conduct of the military authorities at New Orleans as a violation of the law of nations; that they disapproved it, and disapproved the sanction there given to it by Major-General Butler. But the King’s Government flatters itself that of the United States will go further. In the view of the King’s Government, the gravity and publicity of the outrage demand that the Government of {p.267} the United States give public evidence of its regret, for example, by manifesting, by some public act, its dissatisfaction with Major-General Butler.

The King’s Government considering, until proof be made to the contrary, the Netherlands consul at New Orleans as having acted in good faith, expects that the Government of the United States will not refuse to do likewise, and that it will please, consequently, to invite the consul (who, on the avowal of the American Government itself, has been very ill-used) to resume his consular functions. M. Van Der Maesen de Sombreff observes, in passing, that if the consul should, perhaps, have given at once the information asked for, it is to be noticed that Mr. Couturie announced at once-but in vain-his wish to consult his colleague, the French consul, adding that “something good might come out of the consultation.” Captain Shipley replied that “he could not delay action.”

The Government of the Netherlands, actuated by sentiments of moderation and conciliation, does not insist at present on a restitution in integrem or on statu quo ante, but expects, in requital, from the justice of the American Government, that the property taken from Netherlanders residing at New Orleans or elsewhere be restored. Among these properties are securities belonging to Messrs. Hope & Co. personally; for example, the bonds of New Orleans and of Mobile, mentioned in the statement of facts by the consul (Schedule No. 2)-then the property of individuals (Netherlanders) mentioned in Schedule No. 3.

As to what regards the $800,000, the King’s Government, informed of the investigation which the American Government has instituted in this respect at New Orleans, does not wish to hasten a demand upon it.

I am therefore happy, sir, to be the organ of sentiments quite as conciliatory as those which you assured me animated the Government of the United States in this lamentable business, and at present I restrict myself to asking from you in the name of the King’s Government:

First. Satisfaction-ulterior and public-(in the sense above expressed) given to the Government of the Netherlands by that of the United States for the violation of the Netherlands consulate at New Orleans.

Second. An invitation addressed by the Government of the United States to the consul of the Netherlands, outraged by military authority, to the end that he resume the exercise of his functions.

Third. Restitution of property seized belonging to Netherlanders.

Fourth. Restitution of $800,000 as soon as it shall be shown that the ownership was transferred to Messrs. Hope & Co.

I have the honor, Mr. Secretary of State, to renew to you the assurance of my high consideration.

ROEST VAN LIMBURG.

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STATE OF MAINE, EXECUTIVE DEPARTMENT, Augusta, July 28, 1862.

Hon. E. M. STANTON, Secretary of War:

SIR: I beg to call your attention to the order of the adjutant-general of Massachusetts in relation to the time when men enlisting in our regiments will be discharged from the service. Will the rule as stated by General Schouler obtain in this State, thus discharging the {p.268} new men when the time of the regiment, dating from its original mustering into service, expires? The Tenth Regiment Maine Volunteers was mustered in for only two-years’ service. Will men now recruiting for that regiment be entitled to a discharge at the expiration of the two years from the time the regiment was mustered?

Respectfully, your obedient servant,

I. WASHBURN, JR.

Two companies of the Tenth Regiment were mustered in for three years.

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ADJUTANT-GENERAL’S OFFICE, Washington, D. C., July 28, 1862.

F. W. ALEXANDER, Baltimore, Md.:

SIR: You are hereby authorized by the Secretary of War to raise and organize one battery of artillery to serve for three years or during the war, the same to be recruited in the State of Maryland. The said battery will be commanded by you as captain on your being commissioned as such by the Governor of Maryland. The battery will be organized as follows.*

I am, sir, very respectfully, your obedient servant,

T. M. VINCENT, Assistant Adjutant-General.

* Details of organization omitted.

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BOSTON, July 28, 1862-3 p.m. (Received 3.10 p.m.)

Hon. E. M. STANTON:

We have established three camps for recruiting for regiments now in the service. Please appoint an officer for each to act as mustering and disbursing officer and post quartermaster and commissary. Please instruct the U. S. staff officers at Boston to answer all requisitions which I draw or approve. Please telegraph reply.

JOHN A. ANDREW, Governor.

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SAINT PAUL, MINN., July 28, 1862.

A. LINCOLN, President:

No progress has been and none will be made in recruiting for old regiments in this State until after harvest. The one new regiment called for from this State will be filled and ready to move on or about the 20th day of September next.

OSCAR MALMROS, Adjutant-General.

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ALBANY, N. Y., July 28, 1862.

A. LINCOLN, President:

SIR: I have your dispatch of this date. I feel pretty well as to the motion of things in most parts of the State. I hope to commence {p.269} sending you regiments in about two weeks-at least twenty days. Regiments will be placed at the command of the Government with as much rapidity as my capabilities permit, and within sixty days. I am doing all in my power to forward enlistments in the old regiments; but, as you are aware, recruiting for these since January has not been under the control of the Governors of States. It is not rapid.

E. D. MORGAN.

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COLUMBUS, OHIO, July 28, 1862. (Received 4.15 p.m.)

The PRESIDENT:

Recruiting for our new regiments progresses quite satisfactorily. Expect to have one regiment ready for the field by the 15th of August, and all the rest, twenty-one in number, within that month. Recruiting for the old regiments progresses but slowly. Recruiting officers for the new regiments have their commissions to earn; those of the old have theirs in their pockets. Therefore, with all my efforts to fill up the old regiments first, I am meeting with but poor success.

DAVID TOD.

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PHILADELPHIA, July 28, 1862-3.46 p.m. (Received 4 p.m.)

Hon. EDWIN M. STANTON:

The committee of the Philadelphia bounty fund will divide their funds exclusively among the three-years’ volunteers, and will use their influence in every way against short enlistments.

JOHN TUCKER, Assistant Secretary of War.

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HARRISBURG, July 28, 1862-3. 10 p.m. (Received 4.20 p.m.)

A. LINCOLN, President of the United States:

The recruiting for the old regiments is reported by Captain Dodge, U.. S. Army, superintending the recruiting service in Pennsylvania, to progress slowly. For the new regiments the work has but just commenced, and it is impossible to indicate the day on which the first and succeeding regiments will move. Governor Curtin is absent.

A. L. RUSSELL, Adjutant-General.

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ADJUTANT-GENERAL’S OFFICE, Washington, D. C., July 28, 1862.

Authority is hereby given for the enrollment and muster into service for three years or during the war of all members of the Ninth and Tenth Regiments Rhode Island (three-months’) Volunteers who may desire to thus enter the Seventh Regiment Rhode Island Volunteers, now organizing. The respective commanders of the three-months’ regiments in question will accordingly take steps to ascertain what men of their regiments are willing to enlist as above, when {p.270} all such will be duly mustered out of service, and then enrolled and duly mustered in for the increased term above specified. Col. Z. R. Bliss, Rhode Island Volunteers (captain, U. S. Army), is charged with the duty of mustering the men out of the three-months’ service and their enrollment and muster into service for the new term.

L. THOMAS, Adjutant-General.

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MADISON, WIS., July 28, 1862.

A. LINCOLN, President:

In reply to your dispatch of to-day I would state that the first intimation of reopening recruiting in this State was from General Halleck, some two months since. He stated that officers would be detailed from the regiments. It is only within about two weeks that any officers have returned for the purpose. It is my earnest desire to fill the old regiments first. We are about making arrangements for a uniform bounty for volunteers, which arrangements I shall try to have cover the old regiments also. We hope to be able to send one regiment within thirty days. I have districted the State for the other five, and the work of enrolling and enlisting is going on. I told General Buckingham, at Cleveland, that it would be impossible to fill any of the five new regiments before the harvest. Labor is scarce and farmers pay $2.50 per day for laborers. After harvest we shall fill the five regiments very speedily, and I expect to have all ready at or about the same time. Whenever I can fix a time when a regiment can be ready I will advise the Secretary of War.

E. SALOMON, Governor of Wisconsin.

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GENERAL ORDERS, No. 91.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 29, 1862.

The following resolutions, acts, and extracts from acts of Congress are published for the information of all concerned:

(I. PUBLIC RESOLUTION-NO. 43.)

A RESOLUTION to provide for the presentation of “medals of honor” to the enlisted men of the Army and volunteer forces who have distinguished or may distinguish themselves in battle during the present rebellion.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause two thousand “medals of honor” to be prepared with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such non-commissioned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities, during the present insurrection. And that the sum of ten thousand dollars be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of carrying this resolution into effect.

Approved July 12, 1862.

(II. PUBLIC-No. 137.)

AN ACT to grant pensions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any officer, non-commissioned officer, musician, or private of the Army, including regulars, volunteers, and militia, or any officer, warrant or petty officer, musician, seaman ordinary seaman, flotillaman, marine, clerk, {p.271} landsman, pilot, or other person in the Navy or Marine Corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, noncommissioned officers, musicians, and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz: Lieutenant-colonel, and nil officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians, and privates, eight dollars per month. The pension for total disability for officers, warrant, or petty officers, and others employed in the naval service of the United States, shall be as follows, viz: Captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster, and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per month; first assistant engineers and pilots, fifteen dollars per month; passed midshipman, midshipman, captain’s and paymaster’s clerk, second and third assistant engineer, master’s mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers of either service, shall receive such and only such pension as is herein provided for the rank in which they hold commissions.

SEC. 2. And be it further enacted, That if any officer or other person named in the first section of this act has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, his widow, or, if there be no widow, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, and to continue to the widow during her widowhood, or to the child or children until they severally attain the age of sixteen years and no longer.

SEC. 3. And be it further enacted, That where any officer or other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, and has not left or shall not leave a widow nor legitimate child, but has left or shall leave a mother who was dependent upon him for support, in whole or in part, the mother shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension shall commence from the death of the officer or other person dying as aforesaid: Provided, however, That if such mother shall herself be in receipt of a pension as a widow, in virtue of the provisions of the second section of this act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance: And provided, further, That the pension given to a mother on account of her son shall terminate on her re-marriage: And provided, further, That nothing herein shall be so construed as to entitle the mother of an officer or other person dying, as aforesaid, to more than one pension at the same time under the provisions of this act.

SEC. 4. And be it further enacted, That where any officer or other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States and in the line of duty, and has not left or shall not leave a widow, nor legitimate child, nor mother, but has left or may leave an orphan sister or sisters, under sixteen years of age, who were dependent upon him for support, in whole or in part, such sister or sisters shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension to said orphan shall commence from the death of the officer or other person dying, as aforesaid, and shall continue to the said orphans until they severally arrive at the age of sixteen years, and no longer: Provided, however, That nothing herein shall be so construed as to entitle said orphans to more than one pension at the same time under the provisions of this act: And provided, further, That no moneys shall be paid to the {p.272} widow, or children, or any heirs of any deceased soldier on account of bounty, back pay, or pension, who have in any way been engaged in or who have aided or abetted the existing rebellion in the United States; but the right of such disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be.

SEC. 5. And be it further enacted, That pensions which may be granted, in pursuance of the provisions of this act, to persons who may have been, or shall be, employed in the military or naval service of the United States, shall commence on the day of the discharge of such persons in all cases in which the application for such provisions is filed within one year after the date of such discharge; and in cases in which the application is not filed during the said year, pensions granted to persons employed, as aforesaid, shall commence on the day of the filing of the application.

SEC. 6. And be it further enacted, That the fees of agents and attorneys, for making out and causing to be executed the papers necessary to establish a claim for a pension, bounty, and other allowance, before the Pension Office under this act, shall not exceed the following rates: For making out and causing to be duly executed a declaration by the applicant, with the necessary affidavits, and forwarding the same to the Pension Office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Commissioner of Pensions, for each affidavit so required and executed and forwarded (except the affidavits of surgeons, for which such agents and attorneys shall not be entitled to any fees), one dollar and fifty cents.

SEC. 7. And be it further enacted, That any agent or attorney who shall, directly or indirectly, demand or receive any greater compensation for his services under this act than is prescribed in the preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty, or other allowance under this act, on the condition that he shall receive a per centum upon, or any portion of the amount of such claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claim allowed and due to such pensioner or claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such offense, be fined not exceeding three hundred dollars, or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offense.

SEC. 8. And be it further enacted, That the Commissioner of Pensions be, and he is hereby, empowered to appoint, at his discretion, civil surgeons to make the biennial examinations of pensioners which are or may be required to be made by law, and to examine applicants for invalid pensions, where he shall deem an examination by a surgeon to be appointed by him necessary; and the fees for each of such examinations, and the requisite certificate thereof, shall be one dollar and fifty cents, which fees shall be paid to the surgeon by the person examined, for which he shall take a receipt, and forward the same to the Pension Office; and upon the allowance of the claim of the person examined, the Commissioner of Pensions shall furnish to such person an order on the pension agent of his State for the amount of the surgeon’s fees.

SEC. 9. And be it further enacted, That the Commissioner of Pensions, on application made to him in person or by letter by any claimants or applicants for pension, bounty, or other allowance required by law to be adjusted and paid by the Pension Office, shall furnish such claimants, free of all expense or charge to them, all such printed instructions and forms as may be necessary in establishing and obtaining said claim; and in case such claim is prosecuted by an agent or attorney of such claimant or applicant, on the issue of a certificate of pension or the granting of a bounty or allowance, the Commissioner of Pensions shall forthwith notify the applicant or claimant that such certificate has been issued or allowance made, and the amount thereof.

SEC. 10. And be it further enacted, That the pilots, engineers, sailors, and crews upon the gun-boats and war vessels of the United States, who have not been regularly mustered into the service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war; and all persons serving, as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to receive for such disability the pension allowed by the provisions of this act, to those of like rank, and each and every such person shall receive pay according to corresponding rank in the naval service: Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present war.

SEC. 11. And be it further enacted, That the widows and heirs of all persons described in the last-preceding section who have been or may be employed, as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so employed, shall be paid the bounty and pension allowed by the provisions of this act, according to rank, as provided in the last preceding section.

{p.273}

SEC. 12. And be it further enacted, That the Secretary of the Interior be and he is hereby authorized to appoint a special agent for the Pension Office, to assist in the detection of frauds against the pension laws, to cause persons committing such frauds to be prosecuted, and to discharge such other duties as said Secretary may require him to perform; which said agent shall receive for his services an annual salary of twelve hundred dollars, and his actual traveling expenses incurred in the discharge of his duties shall be paid by the Government.

SEC. 13. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed.

Approved July 14, 1862.

(III. PUBLIC RESOLUTION-NO. 61.)

A RESOLUTION to regulate the compensation for paying pensions.

Resolved by the Senate and House of Representatives of the United States, of America in Congress assembled, That agents for paying pensions shall receive two per centum on all disbursements made by them to pensioners of the United States: Provided, That the aggregate compensation to any one agent, paying both army and navy pensions, shall not exceed two thousand dollars per annum.

Approved July 17, 1862.

(IV. PUBLIC-NO. 148.)

AN ACT to prevent members of Congress and officers of the Government of the United States from taking consideration for procuring contracts, office, or place, from the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any member of Congress or any officer of the Government of the United States who shall, directly or indirectly, take, receive, or agree to receive, any money, property, or other valuable consideration whatsoever, from any person or persons for procuring, or aiding to procure, any contract, office, or place, from the Government of the United States or any Department thereof, or from any officer of the United States, for any person or persons whatsoever, or for giving any such contract, office, or place to any person whomsoever, and the person or persons who shall directly or indirectly offer or agree to give, or give, or bestow any money, property, or other valuable consideration whatsoever, or the procuring or aiding to procure any contract, office, or place, as aforesaid, and any member of Congress who shall directly or indirectly take, receive, or agree to receive, any money, property, or other valuable consideration whatsoever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution of the United States he brought before him in his official capacity, or in his place of trust and profit as such member of Congress, shall, for every such offence, he liable to indictment as for a misdemeanor in any court of the United States having jurisdiction thereof, and on conviction thereof shall pay a fine not exceeding ten thousand dollars, and suffer imprisonment in the penitentiary not exceeding two years, at the discretion of the court trying the same; and any such contract or agreement, as aforesaid, may, at the option of the President of the United States, he declared absolutely null and void; and any member of Congress or officer of the United States convicted, as aforesaid, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.

Approved July 16, 1862.

(V. PUBLIC-NO. 152.)

(Extract.)

Relative rank between officers of the Army and the Navy.

AN ACT to establish and equalize the grades of line officers of the United States Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the active list of line officers of the United States Navy shall be divided into nine grades, taking rank according to the date of their commissions in each grade, as follows, viz:

First, rear-admirals; second, commodores; third, captains; fourth, commanders; fifth, lieutenant-commanders; sixth, lieutenants; seventh, masters; eighth, ensigns; ninth, midshipmen.

...

{p.274}

SEC. 13. And be it further enacted, That the relative rank between officers of the Navy and the Army shall be as follows, lineal rank only to be considered:

Rear-admirals with major-generals; commodores with brigadier-generals; captains with colonels; commanders with lieutenant-colonels; lieutenant-commanders with majors; lieutenants with captains; masters with first lieutenants; ensigns with second lieutenants.

...

Approved July 16, 1862.

(VI. PUBLIC-No. 159.)

AN ACT prohibiting the confinement of persons in the military service of the United States in the penitentiary of the District of Columbia, except as a punishment for certain crimes, and to discharge therefrom certain convicts by sentence of courts-martial, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no person in the military service of the United States, convicted and sentenced by a court-martial, shall be punished by confinement in the penitentiary of the District of Columbia, unless the offense of which such person may be convicted would, by some statute of the United States or at common law, as the same exists in the said District, subject such convict to said punishment.

SEC. 2. And be it further enacted, That all such persons in the military service, as aforesaid, who have heretofore been, or may hereafter be, convicted and sentenced by a court-martial for any offense which, if tried before the criminal court of said District, would not subject such person to imprisonment in said penitentiary, and who are now or may hereafter be confined therein, shall be discharged from said imprisonment, upon such terms and conditions of further punishment as the President of the United States may, in his discretion, impose as a commutation of said sentence.

SEC. 3. And be it further enacted, That upon the application of any citizen of the United States, supported by his oath, alleging that a person or persons in the military service, as aforesaid, are confined in said penitentiary under the sentence of a court-martial for any offense not punishable by imprisonment in the penitentiary by the authority of the criminal court aforesaid, it shall be the duty of the judge of said court, or, in case of his absence or inability, of one of the judges of the circuit court of said District, if upon an inspection of the record of proceedings of said court-martial he shall find the facts to be as alleged in said application, immediately to issue the writ of habeas corpus to bring before him the said convict; and if, upon an investigation of the case, it shall be the opinion of such judge that the case of such convict is within the provisions of the previous sections of this act he shall order such convict to be confined in the common jail of said District, until the decision of the President of the United States as to the commutation aforesaid shall be filed in said court, and then such convict shall be disposed of and suffer such punishment as by said commutation of his said sentence may be imposed.

SEC. 4. And be it further enacted, That no person convicted upon the decision of a court-martial shall be confined in any penitentiary in the United States, except under the conditions of this act.

Approved July 16, 1862.

(VII. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:)

A PROCLAMATION.

In pursuance of the sixth section of the act of Congress entitled “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” approved July 17, 1862, and which act, and the joint resolution explanatory thereof, are herewith published, I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion, or any rebellion, against the Government of the United States, and to return to their proper allegiance to the United States, on pain of the forfeitures and seizures as within and by said sixth section provided.

In testimony 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-fifth day of July, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.

[L. S.]

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

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(PUBLIC-No. 160.)

AN ACT to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than $10,000, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person se convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.

SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof; or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

SEC. 3. And be it further enacted, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the United States.

SEC. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

SEC. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States-that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confederate States of America.

Thirdly. Of any person acting as Governor of a State, member of a convention or Legislature, or judge of any court of any of the so-called Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof; whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of; the so-called Confederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named, as aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, money, stocks, and credits of such person shall be liable to seizure, as aforesaid, and it shall he the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty {p.276} days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the United States in any district court thereof; or in any Territorial court or in the United States district court for the District of Columbia, within which the property above described, or any part thereof; may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies’ property and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

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 afterward 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 pretense 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.

SEC. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

SEC. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

SEC. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof; pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

SEC. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect.

Approved July 17, 1862.

(VIII. PUBLIC RESOLUTION-NO. 54.)

JOINT RESOLUTION explanatory of “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes."

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the third clause of the fifth section of {p.277} “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” shall be so construed as not to apply to any act or acts done prior to the passage thereof; nor to include any member of a State Legislature or judge of any State court who has not, in accepting or entering upon his office, taken an oath to support the constitution of the so-called “Confederate States of America;” nor shall any punishment or proceedings under said act be so construed as to work a forfeiture of the real estate of the offender beyond his natural life.

Approved July 17, 1862.

(IX. PUBLIC-No. 164.)

AN ACT to provide for the more prompt settlement of the accounts of disbursing officers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act any officer or agent of the United States who shall receive public money which he is not authorized to retain as salary, pay, or emolument, shall render his accounts monthly, instead of quarterly, as heretofore; and such accounts, with the vouchers necessary to the correct and prompt settlement thereof; shall be rendered direct to the proper accounting officer of the Treasury, and be mailed or otherwise forwarded to its proper address within ten days after the expiration of each successive month. And in case of the non-receipt at the Treasury of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall he required to furnish satisfactory evidence of having complied with the provisions of this act; and for any default on his part the delinquent officer shall be deemed a defaulter, and be subject to all the penalties prescribed by the sixteenth section of the act of August sixth, eighteen hundred and forty-six, “to provide for the better organization of the Treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenues:” Provided, That the Secretary of the Treasury may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts: And provided further, That nothing herein contained shall be construed to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent subject to the control of such heads of departments as the public interest may require.

Approved July 17, 1862.

(X. PUBLIC-NO. 165.)

AN ACT to define the pay and emoluments of certain officers of the Army, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That officers of the Army entitled to forage for horses shall not be allowed to commute it, but may draw forage in kind for each horse actually kept by them when, and at the place where, they are on duty, not exceeding the number authorized by law: Provided, however, That when forage in kind cannot be furnished by the proper department, then, and in all such cases, officers entitled to forage may commute the same according to existing regulations: And provided further, That officers of the Army and of volunteers assigned to duty which requires them to be mounted shall, during the time they are employed on such duty, receive the pay, emoluments, and allowances of cavalry officers of the same grade, respectively.

SEC. 2. And be it further enacted, That major-generals shall be entitled to draw forage in kind for five horses; brigadier-generals for four horses; colonels, lieutenant-colonels, and majors, for two horses each; captains and lieutenants of cavalry and artillery, or having the cavalry allowance, for two horses each; and chaplains, for one horse only.

SEC. 3. And be it further enacted, That whenever an officer of the Army shall employ a soldier as his servant, he shall, for each and every month during which said soldier shall he so employed, deduct from his own monthly pay the full amount paid to or expended by the Government per month on account of said soldier; and every officer of the Army who shall fail to make such deduction shall, on conviction thereof before a general court-martial, he cashiered.

SEC. 4. And be it further enacted, That the first section of the act approved August six, eighteen hundred and sixty-one, entitled “An act to increase the pay of privates in the Regular Army and in the volunteers in the service of the United States, and for other purposes,” shall not be so construed, after the passage of this act, as to increase the emoluments of the commissioned officers of the Army. And the eighth section of the act of twenty-second July, eighteen hundred and sixty-one, entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property,” shall be so construed as to give to quartermaster-sergeants the same compensation as to regimental commissary-sergeants.

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SEC. 5. And be it further enacted, That so much of the aforesaid act, approved twenty-second July, eighteen hundred and sixty-one, as authorizes each regiment of volunteers in the United States service to have twenty-four musicians for a band, and fixes the compensation of the leader of the band, be, and the same is hereby, repealed; and the men composing such bands shall be mustered out of the service within thirty days after the passage of this act.

(The provisions of this section will be forthwith carried into effect. But in mustering the regimental bands out of service all enlisted men who have been detached from companies to serve in them, but were not originally mustered in as members of the bands, will be returned to duty in their companies. Not having been enlisted as musicians they are not entitled to discharge as such. With their own consent musicians of regimental bands, instead of being discharged, may be transferred on their present enlistment to form the brigade bands authorized by section 6 of this act, at the discretion of the brigade commanders.)

SEC. 6. And be it further enacted, That each brigade in the volunteer service may have sixteen musicians as a band, who shall receive the pay and allowances now provided by law for regimental bands, except the leader of the band, who shall receive forty-five dollars per month, with the emoluments and allowances of a quartermaster-sergeant.

SEC. 7. And be it further enacted, That in lieu of the present rate of mileage allowed to officers of the Army when traveling on public duty, where transportation in kind is not furnished to them by the Government, not more than six cents per mile shall hereafter be allowed, unless where an officer is ordered from a station east of the Rocky Mountains to one west of the same mountains, or vice versa, when ten cents per mile shall be allowed to him; and no officer of the Army or Navy of the United States shall be paid mileage except for travel actually performed at his own expense and in obedience to orders.

SEC. 8. And be it further enacted, That so much of section nine of the aforesaid act, approved July twenty-second, eighteen hundred and sixty-one, and section seven of the “Act providing for the better organization of the military establishment,” approved August third, eighteen hundred and sixty-one, as defines the qualifications of chaplains an the Army and volunteers, shall hereafter be construed to read as follows: That no person shall be appointed a chaplain in the United States Army who is not a regularly ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for his appointment as an army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious denomination.

SEC. 9. And be it further enacted, That hereafter the compensation of all chaplains in the regular or volunteer service or army hospitals shall be one hundred dollars per month and two rations a day when on duty; and the chaplains of the permanent hospitals, appointed under the authority of the second section of the act approved May twentieth, eighteen hundred and sixty-two, shall be nominated to the Senate for its advice and consent, and they shall, in all respects, fill the requirements of the preceding section of this act relative to the appointment of chaplains in the Army and volunteers, and the appointments of chaplains to army hospitals heretofore made by the President are hereby confirmed; and it is hereby made the duty of each officer commanding a district or post containing hospitals, or a brigade of troops, within thirty days after the reception of the order promulgating this act, to inquire into the fitness, efficiency, and qualifications of the chaplains of hospitals or regiments, and to muster cut of service such chaplains as were not appointed in conformity with the requirements of this act, and who have not faithfully discharged the duties of chaplains during the time they have been engaged as such. Chaplains employed at the military posts called “chaplain posts” shall be required to reside at the posts, and all chaplains in the United States service shall be subject to such rules in relation to leave of absence from duty as are prescribed for commissioned officers of the United States Army stationed at such posts.

SEC. 10. And be it further enacted, That so much of the fifth section of the act approved July twenty-second, eighteen hundred and sixty-one, as allows forty cents per day for the use and risk of the horses of company officers of cavalry, and the tenth section of the aforesaid act, approved August three, eighteen hundred and sixty-one, be, and the same are hereby, repealed.

SEC. 11. And be it further enacted, That whenever an officer shall be put under arrest, except at remote military posts or stations, it shall be the duty of the officer by whose orders he is arrested to see that a copy of the charges on which he has been {p.279} arrested and is to be tried shall be served upon him within eight days thereafter, and that he shall be brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of the said ten days, or the arrest shall cease: Provided, That if the copy of the charges be not served upon the arrested officer, as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest: And provided further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial.

SEC. 12. And be it further enacted, That whenever the name of any officer of the Army or Marine Corps, now in the service, or who may hereafter be in the service of the United States, shall have been borne on the army register or naval register, as the case may be, forty-five years, or he shall be of the age of sixty-two years, it shall be in the discretion of the President to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the President is hereby authorized to assign any officer retired under this section or the act of August third, eighteen hundred and sixty-one, to any appropriate duty; and such officer thus assigned shall receive the full pay and emoluments of his grade while se assigned and employed.

SEC. 13. And be it further enacted, That all contracts made for or orders given for the purchase of goods or supplies by any department of the Government shall be promptly reported to Congress by the proper head of such department if Congress shall at the time be in session, and if not in session said reports shall be made at the commencement of the next ensuing session.

SEC. 14. And be it further enacted, That no contract or order, or any interest therein, shall be transferred by the party or parties to whom such contract or order may be given, to any other party or parties, and that any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned: Provided, That all rights of action are hereby reserved to the United States for any breach of such contract by the contracting party or parties.

SEC. 15. And be it further enacted, That every person who shall furnish supplies of any kind to the Army or Navy shall be required to mark and distinguish the same, with the name or names of the contractors so furnishing said supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct, and no supplies of any kind shall be received unless so marked and distinguished.

SEC. 16. And be it further enacted, That whenever any contractor for subsistence, clothing, arms, ammunition, munitions of war, and for every description of supplies for the Army or Navy of the United States, shall be found guilty by a court-martial of fraud or willful neglect of duty, he shall be punished by fine, imprisonment, or such other punishment as the court-martial shall adjudge; and any person who shall contract to furnish supplies of any kind or description for the Army or Navy, he shall be deemed and taken as a part of the land or naval forces of the United States, for which he shall contract to furnish said supplies, and be subject to the rules and regulations for the government of the land and naval forces of the United States.

SEC. 17. And be it further enacted, That the President of the United States be, and hereby is, authorized and requested to dismiss and discharge from the military service either in the Army, Navy, Marine Corps, or volunteer force, in the United States service, any officer for any cause which, in his judgment, either renders such officer unsuitable for, or whose dismission would promote, the public service.

SEC. 18. And be it further enacted, That the President of the United States shall have power, whenever in his opinion it shall be expedient, to purchase cemetery grounds, and cause them to be securely inclosed, to be used as a national cemetery for the soldiers who shall die in the service of the country.

SEC. 19. And be it further enacted, That so much of the act approved the fifth of August, eighteen hundred and sixty-one, entitled “An act supplementary to an act entitled ‘An act to increase the present military establishment of the United States,’” approved the twenty-ninth of July, eighteen hundred and sixty-one, as authorizes the appointment of additional aides-de-camp, be, and the same is hereby, repealed. But this repeal shall not be construed so as to deprive those persons already appointed, in strict conformity with said act of the fifth of August, eighteen hundred and sixty-one, from holding their offices in the same manner as if it had not been repealed.

SEC. 20. And be it further enacted, That the different regiments and independent companies heretofore mustered into the service of the United States as volunteer engineers, pioneers, or sappers and miners, under the orders of the President or Secretary of War, or by authority of the commanding general of any military department of the United States, or which, having been mustered into the service as infantry, shall have been reorganized and employed as engineers, pioneers, or sappers and miners, shall be, and the same are hereby, recognized and accepted as volunteer engineers, on the same footing, in all respects, in regard to their organization, {p.280} pay, and emoluments, as the Corps of Engineers of the Regular Army of the United States, and they shall be paid for their services, already performed, as is now provided by law for the payment of officers, non-commissioned officers, and privates of the Engineer Corps of the Regular Army.

SEC. 21. And be it further enacted, That any alien, of the age of twenty-one years and upwards, who has enlisted or shall enlist in the armies of the United States, either the regular or the volunteer forces, and has been or shall be hereafter honorably discharged, may be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year’s residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied by competent proof of such person having been honorably discharged from the service of the United States as aforesaid.

SEC. 22. And be it further enacted, That there shall be added to the Adjutant-General’s Department, by regular promotion of its present officers, one colonel, two lieutenant-colonels, and nine majors; and that the grade of captain in said department shall thereafter be abolished, and all vacancies occurring in the grade of major shall be filled by selection from among the captains of the Army.

Approved July 17, 1862.

(XI. PUBLIC-NO. 166.)

AN ACT to amend the act calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, approved February twenty-eight, seventeen hundred and ninety-five, and the acts amendatory thereof, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President of the United States shall call forth the militia of the States, to be employed in the service of the United States, he may specify in his call the period for which such service will be required, not exceeding nine months; and the militia so called shall be mustered in and continue to serve for and during the term so specified, unless sooner discharged by command of the President. If by reason of defects in existing laws, or in the execution of them, in the several States, or any of them, it shall be found necessary to provide for enrolling the militia and otherwise putting this act into execution, the President is authorized in such cases to make all necessary rules and regulations; and the enrollment of the militia shall in all cases include all able-bodied male citizens between the ages of eighteen and forty-five, and shall be apportioned among the States according to representative population.

SEC. 2. And be it further enacted, That the militia, when so called into service, shall be organized in the mode prescribed by law for volunteers.

SEC. 3. And be it further enacted, That the President be, and he is hereby, authorized, in addition to the volunteer forces which he is now authorized by law to raise, to accept the services of any number of volunteers, not exceeding one hundred thousand, as infantry, for a period of nine months, unless sooner discharged. And every soldier who shall enlist under the provisions of this section shall receive his first month’s pay, and also twenty-five dollars as bounty, upon the mustering of his company or regiment into the service of the United States. And all provisions of law relating to volunteers enlisted in the service of the United States for three years, or during the war, except in relation to bounty, shall be, and the same are, extended to, and are hereby declared to embrace the volunteers to be raised under the provisions of this section.

SEC. 4. And be it further enacted, That, for the purpose of filling up the regiments of infantry now in the United States service, the President be, and he hereby is, authorized to accept the services of volunteers in such numbers as may be presented for that purpose, for twelve months, if not sooner discharged. And such volunteers, when mustered into the service, shall be in all respects upon a footing with similar troops in the United States service, except as to service bounty, which shall he fifty dollars, one-half of which to be paid upon their joining their regiments, and the other half at the expiration of their enlistment.

SEC. 5. And be it further enacted, That the President shall appoint, by and with the advice and consent of the Senate, a judge-advocate-general with the rank, pay, and emoluments of a colonel of cavalry, to whose office shall he returned, for revision, the records and proceedings of all courts-martial and military commissions, and where a record shall be kept of all proceedings had thereupon. And no sentence of death or imprisonment in the penitentiary shall be carried into execution until the same shall have been approved by the President.

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SEC. 6. And be it further enacted, That there may be appointed by the President, by and with the advice and consent of the Senate, for each army in the field, a judge-advocate, with the rank, pay, and emoluments, each, of a major of cavalry, who shall perform the duties of judge-advocate for the army to which they respectively belong, under the direction of the Judge-Advocate-General.

SEC. 7. And be it further enacted, That hereafter all offenders in the Army charged with offenses now punishable by a regimental or garrison court-martial shall be brought before a field officer of his regiment, who shall be detailed for that purpose, and who shall hear and determine the offense and order the punishment that shall be inflicted; and shall also make a record of his proceedings and submit the same to the brigade commander, who, upon the approval of the proceedings of such field officer, shall order the same to he executed: Provided, That the punishment in such cases be limited to that authorized to be inflicted by a regimental or garrison court-martial: And provided further, That in the event of there being no brigade commander, the proceedings, as aforesaid, shall be submitted for approval to the commanding officer of the post.

SEC. 8. And be it further enacted, That all officers who have been mustered into the service of the United States as battalion adjutants and quartermasters of cavalry under the orders of the War Department, exceeding the number authorized by law, shall be paid as such for the time they were actually employed in the service of the United States, and that all such officers now in service exceeding the number, as aforesaid, shall be immediately mustered out of the service of the United States.

SEC. 9. And be it further enacted, That the President be, and he is hereby, authorized to establish and organize army corps according to his discretion.

SEC. 10. And be it further enacted, That each army corps shall have the following officers, and no more, attached thereto, who shall constitute the staff of the commander thereof: One assistant adjutant-general, one quartermaster, one commissary of subsistence, and one assistant inspector-general, who shall hear, respectively, the rank of lieutenant-colonel and who shall be assigned from the Army or volunteer force by the President. Also three aides-de-camp, one to bear the rank of major and two to bear the rank of captain, to be appointed by the President, by and with the advice and consent of the Senate, upon the recommendation of the commander of the army corps. The senior officer of artillery in each army corps shall, in addition to his other duties, act as chief of artillery and ordnance at the headquarters of the corps.

SEC. 11. And be it further enacted, That the cavalry forces in the service of the United States shall hereafter be organized as follows: Each regiment of cavalry shall have one colonel, one lieutenant-colonel, three majors, one surgeon, one assistant surgeon, one regimental adjutant, one regimental quartermaster, one regimental commissary, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, two hospital stewards, one saddler-sergeant, one chief trumpeter, and one chief farrier or blacksmith, and each regiment shall consist of twelve companies or troops, and each company or troop shall have one captain, one first lieutenant, one second lieutenant, and one supernumerary second lieutenant, one first sergeant, one quartermaster-sergeant, one commissary-sergeant, five sergeants, eight corporals, two teamsters, two farriers or blacksmiths, one saddler, one wagoner, and seventy-eight privates, the regimental adjutants, the regimental quartermasters, and regimental commissaries to be taken from their respective regiments: Provided, That vacancies caused by this organization shall not be considered as original, but shall be filled by regular promotion.

SEC. 12. And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp service, or any other labor, or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.

SEC. 13. And be it further enacted, That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who during the present rebellion has levied war, or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother, and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Provided, That the mother, wife, and children of such man or boy of African descent shall not he made free by the operation of this act, except where such mother, wife, or children owe service or labor to some person who during the present rebellion has borne arms against the United States, or adhered to their enemies by giving them aid and comfort.

SEC. 14. And be it further enacted, That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the Army and volunteers.

SEC. 15. And be it further enacted, That all persons who have been or shall be hereafter enrolled in the service of the United States under this act shall receive the pay {p.282} and rations now allowed by law to soldiers, according to their respective grades:

Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing.

SEC. 16. And be it further enacted, That medical purveyors and store-keepers shall give bonds in such sums as the Secretary of War may require, with security to be approved by him.

Approved July 17, 1862.

(XII. PUBLIC-NO. 167.)

AN ACT to allow and pay to the State of Missouri the amount of money expended by said State in the and paying of troops employed in the suppression of insurrection against the laws of the States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missouri shall be entitled to a credit against the direct tax apportioned to said State by the “Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes,” approved August fifth, eighteen hundred and sixty-one, for all sums of money expended by said State in the arming, equipping, subsisting and paying of troops organized under the ordinances of the convention of said State, passed during the year eighteen hundred and sixty-one, and employed in concert with the Federal authorities in suppressing insurrection against the United States, and enforcing the laws thereof.

SEC. 2. And be it further enacted, That, for the purpose of ascertaining the amount due to said State for moneys so expended, the Secretary of War shall, immediately after the passage of this act, by commission or otherwise, cause the accounts to be examined, and a report made to him of the amount due, which, being approved by the Secretary of War, and by him certified to the Secretary of the Treasury, the amount thereof shall be allowed to said State, and deducted from the amount apportioned thereto by the aforesaid act, and the remainder only, if any, shall be collected as therein prescribed: Provided, That, in the adjustment of accounts under this act, no greater rate of compensation shall be allowed than was provided for by the laws of the United States applicable to the arming, equipping, subsisting, and payment of volunteers, in force at the time of enrolment of such troops of Missouri.

SEC. 3. And be it further enacted, That if said State shall assume and pay into the Treasury the balance of said direct tax, if any, at such time as may be fixed by the Secretary of the Treasury, or should said expenditures be found to be equal to the tax, the deduction or discount of fifteen per centum, as prescribed in the fifty-third section of the said recited act shall be allowed on the whole amount thus apportioned.

Approved July 17, 1862.

(XIII. PUBLIC RESOLUTION-No. 42.)

A RESOLUTION to suspend all payments under the act approved twenty-fifth of March, eighteen hundred and sixty-two, entitled “An act to secure to the officers and men actually employed in the Western Department, or Department of Missouri, their pay, bounty, and pension,” and for other purposes. (See General Orders, No. 81.)

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to suspend all payments under the act approved twenty-fifth March, eighteen hundred and sixty-two, entitled “An act to secure to the officers and men actually employed in the Western Department, or Department of Missouri, their pay, bounty, and pension,” and that there shall be appointed by the President, immediately after the passage of this resolution, by and with the advice and consent of the Senate three commissioners, to examine all claims arising under the provisions of that act, and report the same, with the facts connected therewith, to the Secretary of War; said commissioners to have such compensation for their services as the Secretary of War may consider just and reasonable: Provided, That said commissioners shall be required to examine and report within sixty days after the passage of this resolution upon all such claims as may be presented by persons claiming to have been organized or employed in the State of Missouri and to have performed service according to the provisions of the said recited act, whereupon payments shall be made as recommended by said commissioners and as required by said act: And provided further, That within ninety days from the passage of this resolution the said commissioners shall examine and report upon all other claims arising under the act aforesaid, when payments shall be made as herein prescribed.

Approved July 12, 1862.

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(XIV. PUBLIC-No. 165.)

AN ACT to suspend temporarily the operation of an act entitled “An act to prevent and punish fraud on the part of officers intrusted with mating of contracts for the Governments” approved June two, eighteen hundred and sixty-two. (See General Orders, No. 58.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the operation of the act entitled “An act to prevent and punish frauds on the part of officers intrusted with making of contract for the Government,” approved June two, eighteen hundred and sixty-two, be and the same is hereby suspended until the first Monday of January, eighteen hundred and sixty-three.

Approved July 17, 1862.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

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BALTIMORE, July 29, 1862-1245 p.m.

Hon. E. M. STANTON, Secretary of War:

Have arranged matters at Harrisburg. Will be in Washington this evening.

C. P. BUCKINGHAM.

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INDIANAPOLIS, July 29, 1862.

P. H. WATSON, Esq., Assistant Secretary of War:

DEAR SIR: Having been detained here several hours by the train, I have taken occasion to see and converse with Governor Morton and others connected with the State government.

Recruiting for the regiments under the new call is progressing quite satisfactorily. The Governor is raising fourteen regiments; of these one or two are now almost ready (he thinks they will be filled by next week), while all the others, except perhaps one, have now an average of perhaps 500 men, and he thinks they will all be full in three weeks or less. He has telegraphed to the several recruiting stations for exact figures showing the progress of each, which he will telegraph the President as soon as received.

The Governor has also sent a considerable number of volunteers, raised as a special and temporary levy, to the help of General Boyle to help operate against the Kentucky rebel guerrillas. The Governor represents a very intense excitement as existing along the Indiana border and in Kentucky on account of the late rebel raid across the Ohio River.

He thinks and says earnestly that but for the presence of a large Federal force Kentucky would now be in very imminent danger of being turned against us.

Yours, truly,

JNO. G. NICOLAY.

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DETROIT, MICH., July 29, 1862.

A. LINCOLN, President of the United States:

Very little can be done in recruiting old regiments until the new regiments are filled up, although every exertion is being made to do so.

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The new regiments will commence to take the field about the 1st of August, or sooner if possible, and will all be in service in the field during that month.

AUSTIN BLAIR, Governor of. Michigan.

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STATE OF RHODE ISLAND, EXECUTIVE DEPARTMENT, Providence, R. I., July 29, 1862. (Received 2.45 p.m.)

The PRESIDENT OF THE UNITED STATES:

Dispatch yesterday received. First regiment in one month from date; 1,500 men for old regiments in six weeks or two months.

WM. SPRAGUE.

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NEW ORLEANS, July 29, 1862.

Major-General BUTLER:

MY DEAR GENERAL: I have yours of yesterday. The proposal of the English gentleman I think you should not hesitate to accept.

The shipment of cotton, whether to Europe or to the loyal States, from the rebellious States, from such of their ports as are in the possession of our forces, is, I know, much desired by our Government. It was one of the principal advantages they expected to be the immediate results of the capture of this city. So anxious are they to attain the object that I am satisfied they would readily sanction such an arrangement as your note mentions. The question is, as you state, “rather a civil than a military one;” but as either, my opinion is that you answer it affirmatively.

With great regard, your obedient servant,

REVERDY JOHNSON.

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INDIANAPOLIS, IND., July 30, 1862.

His Excellency A. LINCOLN, President of the United States:

Recruiting progresses fairly. Six new regiments are over half full.

One will be in camp, full, Saturday; three more August 10; two more by 15th, and others by 20th or 25th. No arms or equipments here for them.

O. P. MORTON, Governor of Indiana.

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CLINTON, IOWA, July 30, 1862-10.30 a.m. (Received 1.20 p.m.)

SECRETARY OF WAR:

The Eighteenth Iowa Infantry, in camp here, has, by consolidated morning reports, over 900. This morning I shall consolidate some companies and organize the regiment next week. Shall I send the regiment to Annapolis or Washington? I hope Annapolis, as that has been my representation, and any change of destination will injure recruiting for new regiments. I wish to send via Chicago, Michigan Southern and Elmira. Shall I do so?

N. B. BAKER, Adjutant-General.

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPT., Boston, July 30, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington City, D. C.:

DEAR SIR: Some days ago I wrote to you to inquire whether able-bodied men who are exempt from military service on account of being over forty-five would be received by you to perform garrison duty here, at Washington, or anywhere that is necessary. There are many men here over forty-five who are yet strong and accustomed to work-mechanics and others-who would willingly and ably serve their country on garrison duty, but whose age unfits them for long marches. Will you please be so kind as to reply, informing me upon this point?

Most respectfully, and truly yours,

JOHN A. ANDREW.

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COLUMBUS, OHIO, July 30, 1862.

Hon. E. M. STANTON, Secretary of War.

I am called upon this morning by Judge Buckner, of Kentucky, and a committee of highly respectable gentlemen from Cincinnati, who represent that there is imminent danger of an extensive raid in Kentucky on the meeting of their Legislature next week. I am compelled to believe that there are good reasons for their apprehensions. I have but a few fragments of regiments, without organization, and hence can furnish but little prompt assistance. In view of this I have to advise that you send one of the three-months’ Ohio regiments now at Clarksburg, Cumberland, and Harper’s Ferry direct to Frankfort, Ky. I have further to advise that a commander stationed at Cincinnati or Louisville have authority to control all forces raised in Ohio, Indiana, and Kentucky. Whether the present commander at either of these places is the man for the place I express no opinion. Now our harvest is nearly over enlistments are progressing well, but it will be yet some fifteen days before I can turn out regiments.

DAVID TOD, Governor.

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EXECUTIVE DEPARTMENT, Columbus, Ohio, July 30, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

DEAR SIR: Since dispatching you this morning in relation to our troubles in Kentucky I have had an interview with Messrs. Dennison. Anderson, Bates, and Gurley, and have become so thoroughly impressed with the necessity of prompt action on the part of your Department that I have requested them to proceed at once to Washington for a personal conference with you. These gentlemen will be able to give you all the information necessary as to the condition of things both in Ohio and Kentucky to enable you to determine as to what can be done to meet the crisis.

In haste, truly yours,

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington City, D. C., July 30, 1862-10.30 a.m.

T. WEBSTER, Chairman, &c., Philadelphia:

I am directed by the Secretary of War to state to you that it is regarded of the greatest importance to fill the old regiments first, and any efforts of your committee to accomplish this object will be most highly appreciated.

JOHN TUCKER, Assistant Secretary of War.

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GENERAL ORDERS, No. 92.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 31, 1862.

The following order is published for the information of all concerned:

WAR DEPARTMENT, Washington City, D. C., July 31, 1862.

The absence of officers and privates from their duty under various pretexts, while receiving pay, at great expense and burden to the Government, makes it necessary that efficient measures be taken to enforce their return to duty, or that their places be supplied by those who will not take pay while rendering no service. This evil, moreover, tends greatly to discourage the patriotic impulses of those who would contribute to support the families of faithful soldiers.

It is therefore ordered by the President-

I. That on Monday, the 11th day of August, all leaves of absence and furloughs by whomsoever given, unless by the War Department, are revoked and absolutely annulled, and all officers capable of service are required forthwith to join their respective commands, and all privates capable of service to join their regiments, under penalty of dismissal from the service, or such penalty as a court-martial may award, unless the absence be occasioned by lawful cause.

II. The only excuses allowed for the absence of officers or privates after the 11th day of August are:

1. The order or leave of the War Department.

2. Disability from wounds received in service.

3. Disability from disease that renders the party unfit for military duty. But any officer or private whose health permits him to visit watering places or places of amusement, or to make social visits, or walk about the town, city, or neighborhood in which he may be, will be considered fit for military duty, and as evading duty by absence from his command or ranks.

III. On Monday, the 18th day of August, at 10 o’clock a.m., each regiment and corps shall be mustered. The absentees will be marked, three lists of the same made out, and within forty-eight hours after the muster one copy shall be sent to the Adjutant-General of the Army, one to the commander of the corps, the third to be retained; and all officers and privates fit for duty absent at that time will be regarded as absent without cause, their pay will he stopped, and they dismissed from the service or treated as deserters, unless restored; and no officer shall be restored to his rank unless by the judgment of a court of inquiry, to be approved by the President, he shall establish that his absence was with good cause.

IV. Commanders of corps, divisions, brigades, regiments, and detached posts are strictly enjoined to enforce the muster and return aforesaid. Any officer failing in his duty herein will be deemed guilty of gross neglect of duty and be dismissed from the service.

V. A commissioner shall be appointed by the Secretary of War to superintend the execution of this order in the respective States.

The United States marshals in the respective districts, the mayor and chief of police of any town or city, the sheriff of the respective counties in each State, all postmasters and justices of the peace, are authorized to act as special provost-marshals to arrest any officer or private soldier fit for duty who may be found absent from his command without just cause and convey him to the nearest military post or {p.287} depot. The transportation, reasonable expenses of this duty, and five dollars will be paid for each officer or private se arrested and delivered.

By order of the President:

E. M. STANTON, Secretary of War.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

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INDIANAPOLIS, IND., July 31, 1862.

Hon. E. M. STANTON, Secretary of War:

I think it is unfortunate to undertake to recruit for the old regiments while the new ones are being raised. The two systems come in conflict and mutually defeat each other. It would be better to wait at least three weeks in this State before recruiting for the old regiments begins,

O. P. MORTON, Governor.

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WAR DEPARTMENT, Washington City, D. C., July 31, 1862-2.35 p.m.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis:

Any violent change in the present recruiting system would be fatal. One recruit for an old regiment is worth two for a new one. Do not, therefore, discourage enlistments for the old regiments, even if it delays the new ones somewhat.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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CLINTON, IOWA, July 31, 1862-2.50 p.m. (Received 8.30 p.m.)

SECRETARY OF WAR:

I have no answer to my telegrams of yesterday in relation to transportation of the Eighteenth Iowa Infantry, in relation to payment of bounties and advance pay, or in relation to tents. Answers are important to me, and the service, and to the recruiting for new regiments.

N. B. BAKER, Adjutant-General of Iowa.

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WASHINGTON, D. C., July 31, 1862-4.50 p.m.

Adjt. Gen. N. B. BAKER, Clinton, Iowa:

The Eighteenth Iowa will be sent to Saint Louis to be armed and equipped, and will then be ordered here or elsewhere, as circumstances may require. Recent rebel movements render it uncertain where additional forces will first be needed.

H. W. HALLECK, Major-General.

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CLINTON, IOWA, July 31, 1862. (Received 8.40 p.m.)

Hon. EDWIN M. STANTON:

Your telegram received. As the Eighteenth Infantry was raised with express understanding to go to Annapolis you would do great injury to the recruiting service by not carrying out the representations made to me and by me made to them. The men of the Eighteenth should be paid their one-fourth bounty and advance pay before moving. If not, great injury will be done to the service for our five new regiments.

N. B. BAKER, Adjutant-General.

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CLINTON, IOWA, [July 31,] 1862. (Received 11 p.m.)

Major-General HALLECK:

Yours of date received. The Eighteenth was recruited for Annapolis. Promises are good when kept, bad otherwise. The Eighteenth is fully armed, equipped, and clothed. Don’t let my promises, founded on dispatch from War Department, be violated. It will injure recruiting for new regiments, which are organizing fast. The Eighteenth is not one of the five newly called for. The one-quarter bounty and advance pay should be made without fail.

N. B. BAKER, Adjutant-General of Iowa.

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AUGUSTA, ME., July 31, 1862.

Hon. E. M. STANTON:

Four regiments are nearly ready. They are at different places of rendezvous, and we have but one mustering officer. It would greatly facilitate matters if army officers recruiting in the State or others could be authorized to muster them. If they can be mustered, paid their month’s advance, and armed, they can all march in ten days. Arms are wanting for one regiment only. I propose to send residue of Maine’s quota to old regiments if it has your approbation.

I. WASHBURN, JR., Governor of Maine.

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WAR DEPARTMENT, Washington, July 31, 1862.

Governor DAVID TOD, Columbus, Ohio:

The disposition of the forces raised in Ohio, Indiana, &c., will be made as soon as we receive satisfactory information of the enemy’s intended movements. You will receive instructions by the time they are ready for service.

H. W. HALLECK, Major-General, Commanding.

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SPRINGFIELD, ILL., August 1, 1862-7.15 p.m. (Received 9.10 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

By direction of his Excellency Governor Yates I have the honor to request that authority be given to him to resort to drafting whenever it may appear to him necessary or expedient.

ALLEN C. FULLER, Adjutant-General.

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WASHINGTON, D. C., August 1, 1862-9.35 p.m.

General N. B. BAKER, Clinton, Iowa:

I am authorized by the Secretary of War to say that he never authorized the raising of the Eighteenth Regiment for Annapolis; that was only spoken of at the time as the probable place of rendezvous. Things have changed since then, and the regiment is wanted elsewhere. It was raised to fight the rebels. They are not at Annapolis. It is wanted at Chattanooga, and if armed and equipped will proceed to Nashville, Tenn., and report to General Buell.

H. W. HALLECK, Major-General, Commanding.

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WAR DEPARTMENT, Washington City, D. C., August 1, 1862.

His Excellency Governor BRADFORD, Annapolis, Md.:

The President directs that you proceed with all convenient diligence to cause the militia of the State of Maryland to be enrolled, and make return thereof to this Department.

Yours, truly,

EDWIN M. STANTON, Secretary of War.

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COLUMBUS, OHIO, August 1, 1862.

General C. P. BUCKINGHAM:

Recruiting for the new regiments is progressing finely, but for the want of recruiting officers can do but little for the old regiments. The colonels of the several regiments should either send some recruiting (non-commissioned) officers, with the assurance that I would commission them on their raising the usual number of men, or request me to appoint men at home. Allow me to call your attention to my dispatch of May 23 upon this subject.

DAVID TOD, Governor.

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WAR DEPARTMENT, Washington City, D. C., August 1, 1862.

Governor JOHNSON, Nashville, Tenn.:

You are authorized to raise any amount of cavalry and infantry that may be required for the service in your State.

EDWIN M. STANTON, Secretary of War.

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DOVER, DEL., August 2, 1862-10 a.m. (Received 12 m.)

His Excellency A. LINCOLN, President:

Your telegram of 28th ultimo is received. There is but one new regiment now being recruited in this State, being the Fourth Delaware Regiment, and commanded by Arthur H. Grimshaw, of Wilmington. When it will be completed I am unable to say. I have directed the colonel to report his regiment for active service as soon as it is full.

WM. BURTON, Governor.

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INDIANAPOLIS, IND., August 2, 1862-9.10 a.m. (Received 11.30 a.m.)

Hon. E. M. STANTON, Secretary of War:

Send me immediately orders and instructions for enrollment of the militia preparatory to drafting. I want, if possible, authority to appoint officers to make the enrollment in the counties. Some of the auditors I am satisfied will not act. I can recruit the eleven regiments now called for without it, but want to be prepared for contingencies.

O. P. MORTON, Governor of Indiana.

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WAR DEPARTMENT, Washington City, D. C., August 2, 1862-1 p.m.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis:

You are authorized to appoint officers and make the enrollment of militia by counties. Enroll every resident subject to military duty. Give first name full, age, occupation, and remarks, whether in service, and other useful information.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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DAVENPORT, IOWA, August 2, 1862. (Received 6 p.m.)

Hon. E. M. STANTON, Secretary of War:

The Eighteenth Regiment can be sent off as soon as the men receive their bounty and advance pay. It will not do to move them without {p.291} it. About 150 of the men were enlisted before July 5, but if possible they should all be paid. Answer to Clinton.

SAML. J. KIRKWOOD.

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DAVENPORT, IOWA, August 2, 1862. (Received 10 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

In the absence of State law, is there any law of Congress regulating drafting? If so, send instructions. We have no sufficient law for drafting in this State. Am satisfied a draft must be made to fill up the old regiments.

S. J. KIRKWOOD.

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WAR DEPARTMENT, Washington, August 3, 1862-12.25 p.m.

Adjt. Gen. N. B. BAKER, Clinton, Iowa:

The Eighteenth Iowa will immediately move to Saint Louis and report to Brigadier-General Schofield. Make requisition on the chief quartermaster at Saint Louis for transportation.

H. W. HALLECK, Major-General, Commanding.

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GENERAL ORDERS, No. 94.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, August 4, 1862.

The following order is published for the information of all concerned:

WAR DEPARTMENT, Washington City, D. C., August 4, 1862.

Ordered:

I. That a draft of 300,000 militia be immediately called into the service of the United States, to serve for nine months unless sooner discharged. The Secretary of War will assign the quotas to the States and establish regulations for the draft.*

II. That if any State shall not by the 15th of August furnish its quota of the additional 300,000 volunteers authorized by law, the deficiency of volunteers in that State will also be made up by special draft from the militia. The Secretary of War will establish regulations for this purpose.

III. Regulations will be prepared by the War Department and presented to the President, with the object of securing the promotion of officers of the army and volunteers for meritorious and distinguished services, and of preventing the nomination {p.292} or appointment in the military service of incompetent or unworthy officers. The regulations will also provide for ridding the service of such incompetent persons as now hold commissions in it.

By order of the President:

EDWIN M. STANTON, Secretary of War.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

* Under this call the quotas and credits were as follows, the first number indicating the quota and the second the number of men furnished: Maine, 9,609; 7,620. New Hampshire, 5,053; 1,736. Vermont, 4,898; 4,781. Massachusetts, 19,080; 16,685. Rhode Island, 2,712; 2,059. Connecticut, 7,145; 5,602. New York, 59,705; 1,781. New Jersey, 10,478; 10,787. Pennsylvania, 45,321; 32,215. Delaware, 1,720; 1,799. Maryland, 8,532 (quota; none furnished). Virginia (Western), 4,650 (quota; none furnished). District of Columbia, 890 (quota; none furnished). Ohio, 36,858 (quota; none furnished). Indiana, 21,250; 337. Illinois, 26,148 (quota; none furnished). Michigan, 11,686 (quota; none furnished). Wisconsin, 11,904; 958. Minnesota, 2,681 (quota; none furnished). Iowa, 10,570 (quota; none furnished). Missouri, 17,269 (quota; none furnished). Kentucky, 14,905 (quota; none furnished). Kansas, 1,771 (quota; none furnished). Nebraska Territory also furnished 1,228. Making a grand total of 87,588 men furnished.

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HEADQUARTERS DEPARTMENT OF THE SOUTH, Hilton Head, Port Royal, S. C., August 4, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.:

SIR: I have the honor to request that I may receive authority to issue commissions, which will be confirmed by the President of the United States, to the men now serving as officers in the First South Carolina Regiment of Volunteers. Also that arrangements be made for paying the regiment, either by an order from the President to the Paymaster-General, or that I be authorized to order the chief quartermaster of department to pay them, or the paymaster. Not satisfied that I shall be furnished with the means of making compensation to these loyal men for their services, and for the reason also that their officers hold an anomalous position as men without commissions discharging the duties of commissioned officers, I desire earnestly to have a speedy and favorable decision upon the organization of the regiment.

Pending such action on the part of the authorities as will enable me to proceed with vigor in collecting additional regiments of these troops, I have stopped in a great measure all formal recruiting, but have kept my agents busy accumulating able-bodied negroes at central depots, from which they can be rapidly absorbed into regimental organization on receipt of the due authority.

I make no doubt whatever that half a dozen colored regiments can be placed in the field within two months after my plan shall have received official countenance; and once the regiments are reorganized and regularly paid as soldiers, it will require but a few additional posts to be established along the shores of the mainland, at Georgetown, Brunswick, and elsewhere, to bring many thousands of these loyal persons flocking around the standard of the Union.

Respectfully but earnestly begging your attention to this matter, which seems to me of vital importance, I have the honor to be, sir,

Very respectfully, your most obedient servant,

D. HUNTER, Major-General.

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INDIANAPOLIS, IND., August 4, 1862.-5 p.m. (Received 9.30 p.m.)

Major-General HALLECK:

I shall have five regiments ready next Saturday, but they have no arms.

O. P. MORTON, Governor.

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AUGUSTA, ME., August 4, 1862-8.10 p.m. (Received 9.30 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

Two regiments ready to-morrow. Where and when shall they go? Will you have their advance paid? May a few smart drummer boys under eighteen be enlisted with parents’ consent? Will accommodate much if Capt. Cyrus Hamlin, U. S. Army, is authorized to act as State mustering officer. Answer by telegraph.

I. WASHBURN, JR., Governor of Maine.

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WAR DEPARTMENT, Washington, August 4, 1862-10.30 a.m.

His Excellency DAVID TOD, Governor of Ohio, Columbus:

Telegram of 1st instant received. Yours of 23d May cannot be found.* I do not understand this. Non-commissioned officers or privates will be sent to recruit as soon as General Orders, No. 88, reaches them. They need no commissions unless vacancies exist, which you have power to fill as you think proper. Recruits for old regiments go into companies already officered, unless entire companies are wanted. In that case you can appoint officers at home or from the field, as you choose.

By order of Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

* But see May 23, p. 66.

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WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, Washington, D. C., August 4, 1862.

His Excellency the GOVERNOR OF VIRGINIA, Wheeling, Va.:

SIR: I have the honor to inform you that the proposition of the Hon. James M. Close to raise a regiment of infantry to be recruited in his district of the State is accepted by the Secretary of War, and you are hereby authorized to give the order for the recruitment of the said force, the organization of which will conform to that prescribed by the act approved July 22, 1861, “to authorize the employment of volunteers,” &c., and section III, of General Orders, No. 91, 1861, from this office. The regiment will be accepted for special services in the vicinity of Alexandria, Va., and of the forts about Washington, D. C., and Mr. Close has been assured that the War Department will recognize this condition and accept the regiment in accordance therewith.

I am, sir, very respectfully, your obedient servant,

T. M. VINCENT, Assistant Adjutant-General.

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GENERAL ORDERS, No. 95.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, August 5, 1862.

The following orders are promulgated for the information of all concerned:

WAR DEPARTMENT, Washington City, D. C., July 31, 1863.*

...

II. Ordered, That Simeon Draper, esq., of New York, be, and he is hereby, appointed a commissioner of this Department to superintend the execution of the order of this date (General Orders, No. 92,) respecting absentee officers and privates. He will have an office assigned to him in the War Department, and will communicate with the marshals, mayors, chiefs of police, and other special provost-marshals designated in said order. All communications touching the execution of said order will be addressed to him. Quartermasters and commissaries will furnish transportation and subsistence on his requisition, and all officers in the service will aid him in the duties of his commission.

EDWIN M. STANTON, Secretary of War.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

* For Paragraph I, see Series II, Vol. IV, p. 343.

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[WAR DEPARTMENT, August 5, 1862.]

Ordered:

That the use of the telegraph being required for military purposes, all persons actually employed in constructing and operating telegraph lines at the date of the order calling for 300,000 men be exempt from military duty so long as they remain in such service.

By order of the President:

EDWIN M. STANTON, Secretary of War.

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AUGUST 5, 1862.

MILITIA EXEMPTIONS.

Numerous applications having been made to the War Department by railroad companies to exempt their employés from the militia, it has been decided that none but locomotive engineers in actual employment when the order for draft was made can be exempted. The exception of telegraph operators is upon the ground that they are practicing, and are necessary to the military operations, and which being known to comparatively few persons, their places cannot be supplied.*

* In the handwriting of Secretary Stanton, but unsigned.

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LEAVENWORTH, August 5, 1862. (Received 6.40 p.m. 6th.)

Hon. EDWIN M. STANTON, Secretary of War:

Recruiting opens up beautifully. Good for four regiments of whites and two of blacks. General Blunt leaves immediately to assume {p.295} command of troops in Indian country. I am to protect his rear with my recruits.

JAMES H. LANE, Commissioner.

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WAR DEPARTMENT, Washington City, D. C., August 5, 1862.

His Excellency ISRAEL WASHBURN, Jr., Governor of Maine:

Have the regiments that were to move on Monday gone?

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Similar to Governor Andrew, Boston, Mass.)

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AUGUSTA, ME., August 5, 1862.

Hon. E. M. STANTON, Secretary of War:

Regiments have not marched because I have not been paid United States bounty as promised for advance. There is but one mustering officer in the State, and the regiments are in different places and it will take him some time to muster and pay bounties. I asked for another mustering officer, but could not have him. Will Government require the regiments to leave the State before being paid?

I. WASHBURN, JR.

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WAR DEPARTMENT, Washington City, D. C., August 5, 1862.

Governor ISRAEL WASHBURN, Jr., Augusta, Me.:

Applications for men in the field to officer new regiments are so numerous that great inconvenience and injury to the service must ensue if all are granted. Some general rule will be adopted soon and made known.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Same to the Governors of the loyal States.)

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WAR DEPARTMENT, Washington City, D. C., August 5, 1862-10.45 a.m.

Governor ISRAEL WASHBURN, Jr., Augusta, Me.:

SIR: The following order has this day been issued:

Ordered:

I. That a draft of 300,000 men be immediately called into the service of the United States, to serve for nine months, unless sooner discharged. The Secretary of War will assign the quotas to the States and establish regulations for the draft.

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II. That if any State shall not by the 18th of August furnish Its quota of the additional 300,000 volunteers authorized by law, the deficiency of volunteers in that State will also be made up by special draft from the militia. The Secretary of War will establish regulations for that purpose.

Instructions will be sent in a few days. The whole number of troops sent by the several States will be estimated and apportioned, and any surplus furnished by a State above its proportion will be credited to the draft.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Same to the Governors of the loyal States and Hon. J. B. Temple, president Military Board, Frankfort, Ky.)

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BOSTON, MASS., August 5, 1862.

Hon. EDWIN M. STANTON:

SIR: Our Thirty-third Regiment has been delayed by an accident to the colonel. It will move this week, and also the Thirty-fourth. Both are full. We have 3,000 men in camp besides, who will be pushed forward as soon as possible. Please detail Lieutenant Hayes, of First Company of Heavy Artillery, Massachusetts Volunteers, now at Fort Warren, for post quartermaster at [Camp] Edwin M. Stanton immediately. Please do this by telegraph.

WM. SCHOULER, Adjutant-General of Massachusetts.

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ALBANY, N. Y., August 5, 1862. (Received 9 a.m. 6th.)

Hon. EDWIN M. STANTON, Secretary of War:

His Excellency Governor Morgan left for Washington last evening, and will answer in person your communication of the 2d instant in relation to enrollment of the militia. Enrollment will be completed on the 15th of this month.

THOS. HILLHOUSE, Adjutant-General of New York.

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WAR DEPARTMENT, Washington City, D. C., August 5, 1862.

CHARLES GIBBONS, Counsellor at Law, Philadelphia:

SIR: You are hereby requested, in all cases where arms and munitions of war, suitable for the service of the United States, are held by the prize court, to move the court to order their appraisal and delivery to some ordnance officer of the U. S. Army, on his filing in court a certificate of the Assistant Treasurer of the United States that the amount of the appraisement has been deposited in the U. S. Treasury, subject to the order and disposal of the court on final decree in the case, and notify this Department when such order is made.

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You will also, upon the arrival of any prize in the port of Philadelphia, take immediate measures to ascertain whether there are on hand any arms or munitions of war, and the quality and description thereof, and promptly notify this Department. You will see that suitable appraisers are appointed by the court and attend the appraisement, and take care that a fair and honest appraisal is made.

You will take any other measures proper to protect the interests of the Government, so far as they are under the direction of the War Department, and promptly communicate any facts or information you deem essential to the public welfare.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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BRATTLEBOROUGH, VT., August 6, 1862-3.30 p.m. (Received 5.10 p.m.)

Hon. EDWIN M. STANTON, Secretary of War:

I trust that in making arrangements for drafting, towns which have thus far furnished their quota or more will be credited therewith toward the draft, while towns thus far deficient will be charged in draft with such deficiency.

F. HOLBROOK.

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MADISON, WIS., August 5, 1862. (Received 8.26 p.m.)

Hon. E. M. STANTON:

I am applied to by parties who offer to raise a battalion or more of friendly Indians in this State; also one or more companies of colored citizens. Can any encouragement be given to them? Answer.

E. SALOMON, Governor of Wisconsin.

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NEW YORK, August 6, 1862.

ABRAHAM LINCOLN, President of the United States:

Mr. PRESIDENT: The great loss of life from other causes than injuries received in battle, during the recent campaign on the Peninsula of Virginia, has excited a marked degree of public attention, and is alleged to have materially discouraged volunteering. It cannot be doubted that many, who would be influenced by no fear of death in an encounter with the enemies of their country, shrink from those dangers under which the strength of the Army of the Potomac is known to have been so greatly wasted before it left its works on the line of the Chickahominy. That exhaustion from excessive fatigue and privation was the chief of those dangers is now generally and not unreasonably believed.

In letters written, after personal observation of the Army of the Potomac, by the secretary of the commission, which were placed in your hands early in July, it was urged that the only efficient security immediately available against a great aggravation of this evil, and consequent danger of disaster, was the exercise of the Executive {p.298} power to command men for the instant re-enforcement of the reduced and jaded regiments in the field. Moved by the same considerations, we addressed you on the 21st of July, in an argument favoring the same proposition, fortified by a careful compilation of statistics bearing upon it.

The object of the present communication is to urge that the loyal militia of the nation should be thoroughly organized under the inspection of Federal officers, medical and military, and that the States should be called upon to maintain in camps or other schools for the preparation of recruits for the army in the field, a constant force of at least a million.

We urge this as a measure necessary to satisfy the demands of the people, and as justified by proper consideration for the health of the army in the field.

Any doubt which may arise as to the propriety of our addressing you a statement of our conviction of the demands of the people in a matter of this nature will disappear when it is considered that, in speaking of the Sanitary Commission, we speak also for its thousand associate members, citizens of the most eminent discretion and patriotism throughout the land, and for hundreds of thousands of loyal men and women, who have made it their organ and mouthpiece with Government; who bestow upon it means of usefulness to the amount of millions, and to whom it is pledged to act with energy wherever it can, in all that concerns the health of the volunteer army.

In the theory of our Government every citizen is a soldier at the command of the President; and it is the duty of the President in time of war to command the soldier citizen, before the latter is bound to withdraw himself from his ordinary occupations in the peaceful organization of society. Hence, under ordinary circumstances, it is no reproach to the citizen that he fails to volunteer.

Yet it is a matter of regret that the re-enforcement of the Army by volunteering has not of late been more rapid, and that the quality of the volunteers at present offering is not better than we have reason to fear that it is. We have earnestly sought to ascertain to what the comparatively slow progress of volunteering is due, when there is in no other respect evidence of want of patriotic spirit among the people. We are compelled, with all respect and deference, to state our deliberate conclusion that it is mainly due to a widespread want of confidence in the intention of the Government so to use the whole strength of the nation as to obtain the certainty of immediate and complete success in the movements in which the volunteers are to take part. Men will not volunteer for a lingering war. They will not volunteer if they believe that ten soldiers are to fall under typhoid fever to every one who falls in an advance upon the enemy. When you order, they will obey; but at present there unquestionably is a general indisposition to volunteer upon your mere invitation. And we think that we have indicated why this indisposition is so general as it is.

The question now arises: Will the order this day promulgated for a draft of 300,000 men to re-enforce the armies in the field satisfy the demands of the people and restore the needed confidence?

We answer, that in our judgment it does not reach the root of the difficulty.

That difficulty lies chiefly in the fact that the force of our armies engaged in active operations has always, in the end, proved to be insufficient for the work which has been imposed upon them; that regiments, when depleted by battle and disease, have remained long in their weak condition, and yet been required to perform guard and {p.299} fatigue duties which they would have found severe when in their full strength. That in consequence of this, and often solely in consequence of this, the men and officers have become harassed, feverish, exhausted of strength, depressed and despondent, and have communicated their feelings to friends at home, and finally to the whole community.

What remedy for this difficulty would meet the wishes of the people?

In the beginning of the war many hundred thousand men, not then able or disposed to volunteer at once, formed themselves into squads and companies for instruction in military drill, thus recognizing the necessity for large reserves to be put in training as an essential element of efficient national defense. Government, however, did not avail itself in any manner of the great strength and security offered in this disposition of the people, and members of these organizations having acquired some degree of proficiency in the manual, and finding it impracticable, by purely voluntary action, to proceed further, have for the most part quietly disbanded. The disposition indicated by their formation, however, still exists.

If the Government had required one year ago that a million of militia should be put under systematic training, mainly in camps, the measure would have been exceedingly popular. It would be so now.

The choice of men being made in the first place by lot, and the employment of permanent substitutes being permitted, the laws of trade would be sufficient to select from each community those who possessed more valuable qualifications for military service than other service to the country. What a citizen is disposed and able to pay for a substitute to take his place in a camp of militia as a general rule, indicates approximately the importance to the community of the function he is already performing in the industrial economy of society. The services of those who are influenced by cowardice, laziness, or disloyalty, to pay extravagantly, however valueless they may be to the community in which they live, must be still less desirable in a military point of view, while men who, from ardent patriotism and inclination for a military life, are induced to make unusual sacrifices rather than to procure substitutes, are of the highest military value. A million of militia deliberately gathered as we have proposed would consist in large part of young men without important business trusts or dependent families, but who yet have, at present, such obligations resting upon them that they cannot volunteer. Thousands of such men would gladly accept a duty overriding those obligations, and legally and morally disengaging them from their present home-keeping duties.

Suppose that a million men had been thus in a great measure detached in advance from their ordinary business entanglements and obligations, and each man accustomed, under training however imperfect, to act in company and regimental relations with others.

When the sudden and urgent call for 300,000 volunteers was made a month ago, is it likely there would have been a month’s delay in meeting it? Had there been such a resort for recruits, would there have been occasion for this call? We believe not. We believe that had such a reserve been established every regiment of the Army of the Potomac would have been kept by volunteers from it at very nearly its maximum strength, and in this case, that the great loss of life and depression of spirits which occurred in that army through disease consequent upon fatigue and exhaustion would have been in a great measure avoided.

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The necessity of a measure of this kind was brought to the notice of the commission, and the propriety of urging it upon the Government seriously considered, nearly a year ago. Its purely sanitary necessity was then, however, deemed to be too remote to justify the proposed action. But, in the progress of events, there is no longer room for doubt that its advantages, in a sanitary point of view, would have been of the greatest possible value.

Similar advantages, we respectfully submit, would attend the same measure if taken at this time. From sanitary considerations alone, no regiment in the field should be allowed to remain seriously weakened in force for any considerable period. Holding full regiments in reserve, ready to be brought, as full regiments, into active service, does not remedy the evil. Re-enforcements purely of raw recruits will not obviate it. But a million of trained militia, already withdrawn from ordinary occupations, and held in reserve far in the rear of active military life, would, in all probability, supply an adequate guard against it.

It is needless to point out the vast advantages under which men drawn from such reserves (whether as individual volunteers or drafted regiments) would take the field. They would have acquired not merely military training, but ability to take care of themselves in camp, and experience in cooking, in camp police, in personal cleanliness, and in everything that affects their sanitary condition. Above all, they would have passed through what may be called the acclimating period of military life, during which the available strength of many of our newly raised regiments has been reduced more than one-half by measles and other like diseases.

The number we have named as proper to be kept in reserve will not be thought excessive when it is considered that, according to experience thus far in the war, 123,000 men must be annually recruited to maintain a force of 500,000 in the field in full strength.

The total number of men who are to fall sick and die or be disabled by sickness in the Army will necessarily be proportional to the time which is required for the suppression of the rebellion. A sustained force sufficiently large to crush all opposition before it is therefore desirable, if only from a purely sanitary point of view. The same considerations clearly apply, and with even greater force, to losses in actual conflict, which are within certain limits inversely as the strength of the attacking party. We may also remember that the actual expenditures of a war are also always in proportion to strength, and that an overwhelming force, sustained to the end, is therefore necessarily the cheapest.

We finally beg to observe that the effective military force which a nation is able to sustain in the field, not that which it can raise under the spasmodic excitement of emergencies, is the measure of the respect and consideration it is likely to receive abroad as well as at home.

We have the honor to be, Mr. President, with great respect, your obedient servants,

HENRY W. BELLOWS, W. H. VAN BUREN, M. D., C. R. AGNEW, M. D., WOLCOTT GIBBS, M. D., GEO. T. STRONG, FRED. LAW OLMSTEAD, Executive Committee Sanitary Commission.

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HEADQUARTERS OF THE ARMY, Washington, August 6, 1862.

Dr. FRANCIS LIEBER, New York:

MY DEAR DOCTOR: Having heard that you have given much attention to the usages and customs of war as practiced in the present age, and especially to the matter of guerrilla war, I hope you may find it convenient to give to the public your views on that subject. The rebel authorities claim the right to send men, in the garb of peaceful citizens, to waylay and attack our troops, to burn bridges and houses, and to destroy property and persons within our lines. They demand that such persons be treated as ordinary belligerents, and that when captured they have extended to them the same rights as other prisoners of war; they also threaten that if such persons be punished as marauders and spies they will retaliate by executing our prisoners of war in their possession. I particularly request your views on these questions.

Very respectfully, your obedient servant,

H. W. HALLECK, General-in-Chief U. S. Army.

[Doctor Lieber’s reply.]

Guerrilla parties considered with reference to the laws and usages of war.

The position of armed parties loosely attached to the main body of the army, or altogether unconnected with it, has rarely been taken up by writers on the law of war. The term guerrilla is often inaccurately used, and its application has been particularly confused at the present time. From these circumstances arises much of the difficulty which presents itself to the publicist and martial jurist in treating of guerrilla parties. The subject is substantially a new topic in the law of war, and it is, besides, exposed to the mischievous process, so often employed in our day, of throwing the mantle of a novel term around an old and well-known offense, in the expectation that a legalizing effect will result from the adoption of a new word having a technical sound; an illustration of which occurred in the introduction of the Latin and rarer term repudiation to designate the old practice of dishonestly declining the payment of debts-an offense with which the world has been acquainted ever since men united in the bonds of society. We find that self-constituted bands in the South, who destroy the cotton stored by their own neighbors, are styled in the journals of the North as well as in those of the South guerrillas; while in truth they are, according to the common law-not of war only, but that of every society-simply armed robbers, against whom every person is permitted, or is in duty bound, to use all the means of defense at his disposal; as, in a late instance, even General Toombs, of Georgia, declared to a certain committee of safety of his State that he would defend the planting and producing of his cotton; though, I must own, he did not call the self-constituted committee guerrillas, but, if memory serves me right, scoundrels.

The term guerrilla is the diminutive of the Spanish word guerra, war, and means petty war; that is, war carried on by detached parties, generally in the mountains. It means, further, the party of men united under one chief engaged in petty war, which, in the eastern portion of Europe and the whole Levant is called a capitanery, a {p.302} band under one capitano. The term guerrilla, however, is not applied in Spain to a single man of the party; such a person is called guerrillero, or more frequently partida, which means partisan. Thus, Napier, in speaking of the guerrilla in his History of the Peninsular War, uses, with rare exception, the term partidas for the chiefs and men engaged in the petty war against the French. It is worthy of notice that the dictionary of the Spanish academy gives, as the first meaning of the word guerrilla, “A party of light troops for reconnaissance, and opening the first skirmishes.” I translate from an edition of 1826, published, therefore, long after the Peninsular war, through which the term guerrilla has passed over into many other European languages. Self-constitution is not a necessary element of the meaning given by the Spaniards or by many writers of other nations to the word guerrilla, although it is true that the guerrilla parties in the Peninsular war were nearly all self-constituted, since the old government had been destroyed; and the forces which had been called into existence by the provisional government were no more acknowledged by the French as regular troops than the self-constituted bands under leading priests, lawyers, smugglers, or peasants; because the French did not acknowledge the provisional Junta or Cortes. Many of the guerrilleros were shot when made prisoners, as the guerrilla chiefs executed French prisoners in turn. It is the state of things these bands almost always lead to, according to their inherent character; yet, when the partidas of Mina and Empecinado had swelled to the imposing number of twenty thousand and more, which fact of itself implies a certain degree of discipline, Mina made a regular treaty with the French for the passage of certain French goods through the lines, and on these the partisan leader levied regular duties according to a tariff agreed upon between the belligerents arrayed against one another in fierce hostility.

What, then, do we in the present time understand by the word guerrilla. In order to ascertain the law or to settle it according to elements already existing, it will be necessary ultimately to give a distinct definition; but it may be stated here that whatever may be our final definition, it is universally understood in this country at the present time that a guerrilla party means an irregular band of armed men, carrying on an irregular war, not being able, according to their character as a guerrilla party, to carry on what the law terms a regular war. The irregularity of the guerrilla party consists in its origin, for it is either self-constituted or constituted by the call of a single individual, not according to the general law of levy, conscription, or volunteering; it consists in its disconnection with the army as to its pay, provision, and movements, and it is irregular as to the permanency of the band, which may be dismissed and called again together at any time. These are, I believe, constituent ideas of the term guerrilla as now used. Other ideas are associated with the term, differently by different persons. Thus many persons associate the idea of pillage with the guerrilla band, because, not being connected with the regular army, the men cannot provide for themselves, except by pillage, even in their own country-acts of violence with which the Spanish guerrilleros sorely afflicted their own countrymen in the Peninsular war. Others connect with it the idea of intentional destruction for the sake of destruction, because the guerrilla chief cannot aim at any strategic advantages or any regular fruits of victory. Others, again, associate with it the idea of the danger with which the spy surrounds us, because he that to-day passes you in the garb and mien of a peaceful {p.303} citizen, may to-morrow, as a guerrillaman, fire your house or murder you from behind the hedge. Others connect with the guerrillero the idea of necessitated murder, because guerrilla bands cannot encumber themselves with prisoners of war; they have, therefore, frequently, perhaps generally, killed their prisoners, and of course have been killed in turn when made prisoners, thus introducing a system of barbarity which becomes intenser in its demoralization as it spreads and is prolonged. Others, again, connect the ideas of general and heinous criminality, of robbery and lust with the term, because the organization of the party being but slight and the leader utterly dependent upon the band, little discipline can be enforced, and where no discipline is enforced in war a state of things results which resembles far more the wars recorded in Froissart, or Comines, or the thirty-years’ war, and the religious war in France, than the regular wars of modern times. And such a state of things results speedily, too; for all growth, progress, and rearing, moral or material, are slow; all destruction, relapse, and degeneracy fearfully rapid. It requires the power of the Almighty and a whole century to grow an oak tree; but only a pair of arms, an ax, and an hour or two to cut it down.

History confirms these associations, but the law of war as well as the law of peace has treated many of these and kindred subjects-acts justifiable, offensive, or criminal-under acknowledged terms, namely: The freebooter, the marauder, the brigand, the partisan, the free corps, the spy, the rebel, the conspirator, the robber, and especially the highway robber, the rising en masse, or the “arming of peasants.”

A few words on some of these subjects will aid us in coming to a clearer understanding of the main topic which occupies our attention.

Freebooter is a term which was in common use in the English language at no very remote period; it is of rare use now, because the freebooter makes his appearance but rarely in modern times, thanks to the more regular and efficient governments and to the more advanced state of the law of war. From the freebooter at sea arose the privateer, for the privateer is a commissioned freebooter, or the freebooter taken into the service of the government by the letter of marque. The sea-gueux, in the revolution of the Netherlands, were originally freebooters at sea, and they were always treated when captured simply as freebooters. Wherever the freebooter is taken, at sea or on land, death is inflicted upon him now as in former times, for freebooters are nothing less than armed robbers of the most dangerous and criminal type, banded together for the purposes of booty and of common protection.

The brigand is, in military language, the soldier who detaches himself from his troop and commits robbery, naturally accompanied in many cases with murder and other crimes of violence. His punishment, inflicted even by his own authorities, is death. The word brigand, derived as it is from briguer, to beg, meant originally beggar, but it soon came to be applied to armed strollers, a class of men which swarmed in all countries in the middle ages. The term has, however, received a wider meaning in modern military terminology. He that assails the enemy without or against the authority of his own government is called, even though his object should be wholly free from any intention of pillage, a brigand, subject to the infliction of death if captured. When Major von Schill, commanding a Prussian regiment of huzzars, marched in the year 1809 against the French without the order of his government, for the purpose of causing a rising of the people in the north of Germany, while Napoleon was {p.304} occupied in the south with Austria, Schill was declared by Napoleon and his brother a brigand, and the King of Westphalia, Jerome Bonaparte, offered a reward of 10,000 francs for his head. Schill was killed in battle; but twelve young officers of his troop, taken prisoners, were carried by the French to the fortress Wesel, where a court-martial declared them prisoners of war. Napoleon quashed the finding, ordered a new court-martial, and they were all shot as brigands. Napoleon is not cited here as an authority in the law of war; he and many of his generals frequently substituted the harshest violence for martial usages. The case is mentioned as an illustration of the meaning attached to the word brigand in the law of war, and of the fact that death is the acknowledged punishment for the brigand.

The terms partisan and free corps are vaguely used. Sometimes, as we shall see further on, partisan is used for a self-constituted guerrillero; more frequently it has a different meaning. Both partisan corps and free corps designate bodies detached from the main army; but the former term refers to the action of the troop, the latter to the composition. The partisan leader commands a corps whose object is to injure the enemy by action separate from that of his own main army; the partisan acts chiefly upon the enemy’s lines of connection and communication, and outside of or beyond the lines of operation of his own army, in the rear and on the flanks of the enemy. Rapid and varying movements and surprises are the chief means of his success; but he is part and parcel of the army, and, as such, considered entitled to the privileges of the law of war, so long as he does not transgress it. Free corps, on the other hand, are troops not belonging to the regular army, consisting of volunteers, generally raised by individuals authorized to do so by the government, used for petty war, and not incorporated with the ordre de bataille. They were known in the middle ages. The French compagnies franches were free corps; but this latter term came into use only in the eighteenth century. They were generally in bad repute, given to pillage and other excesses; but this is incidental. There were many free corps in Germany opposed to Napoleon when that country rose against the French, but the men composing them were entitled to the benefits of the law of war, and generally received them when taken prisoner. These free corps were composed in many cases of high-minded patriots. The difficulty regarding free corps and partisans arises from the fact that their discipline is often lax, and used to be so especially in the last century, so that frequently they cannot cumber themselves with prisoners; and that even for their own support they are often obliged to pillage or to extort money from the places they occupy. They are treated, therefore, according to their deserts, on the principle of retaliation; but there is nothing inherently lawless or brigand-like in their character.

The spy, the rebel, and conspirator deserve notice in this place simply with reference to persons acting as such, and belonging to the population of the country or district occupied by a hostile force. A person dwelling in a district under military occupation and giving information to the government of which he was subject, but which has been expelled by the victorious invader, is universally treated as a spy-a spy of a peculiarly dangerous character. The most patriotic motives would not shield such a person from the doom of the spy. There have been high-minded and self-sacrificing spies, but when captured, even if belonging to the armies themselves, they have never {p.305} been treated otherwise than as common spies. Even mere secret correspondence of a person in an occupied district with the enemy, though the contents of the correspondence may have been innocent, has subjected the correspondent to serious consequences, and sometimes to the rigor of martial law, especially if the offense be committed after a proclamation to the contrary. Prince Hatzfeld was appointed by the King of Prussia, on his leaving the capital after the battle of Jena, to conduct public affairs in Berlin until the city should be occupied by the French, and to send a report, to the king every morning until the occupation by the enemy should have taken place. Prince Hatzfeld sent such a report to his own government, giving the number of the French who had arrived at Potsdam on the 24th of October, at 5 o’clock a.m.-that is, seven hours before the French vanguard entered Berlin. The letter fell into the hands of Napoleon. It is well known that the emperor, at the supplication of the princess, allowed her husband to escape the penalty of a spy. Whatever may be thought of the question, whether the prince, by sending the letter at the hour mentioned became a spy or not, no one has ever doubted that, had he secretly corresponded with his government after the occupation of Berlin by the French, giving information of the occupants, the French would have been justified in treating him as a spy. The spy becomes, in this case, peculiarly dangerous, making hostile use of the protection which by the modern law of war the victor extends to the persons and property of the conquered. Similar remarks apply to the rebel, taking the word in the primitive meaning of rebellare-that is, to return to war after having been conquered; and to conspiracies-that is, secret agreements leading to such resumption of arms in bands of whatever number, or, which is still worse, plans to murder from secret places.

This war-rebel, as we might term him, this renewer of war within an occupied territory, has been universally treated with the utmost rigor of the military law. The war-rebel exposes the occupying army to the greatest danger, and essentially interferes with the mitigation of the severity of war, which it is one of the noblest objects of the modern law of war to obtain. Whether the war-rebel rises on his own account, or whether he has been secretly called upon by his former government to do so, would make no difference whatever. The royalists who recently rose in the mountains of Calabria against the national government of Italy, and in favor of Francis, who had been their king until within a recent period, were treated as brigands and shot, unless, indeed, pardoned on prudential grounds.

The rising en masse, or “the arming of peasants,” as it used to be called, brings us nearer to the subject of the guerrilla parties. Down to the beginning of the first French revolution, toward the end of last century, the spirit which pervaded all governments of the European continent was, that the people were rather the passive substratum of the State than an essential portion of it. The governments were considered to be the State; wars were chiefly cabinet wars, not national wars-not the people’s affairs.

Moser, in his Contributions to the Latest European Law of Nations in Times of War (a German work, in 3 vols., from 1779-1781), gives remarkable instances of the claims which the conqueror was believed to have on the property and on the subjects of the hostile country. They were believed to be of so extensive a character that the French, when in Germany, during the seven-years’ war, literally drafted Germans for the French army, and used them as their own soldiers–although, {p.306} it must be added, loud complaints were made, and the French felt themselves obliged to make some sort of explanation. The same work contains instances of complaints being made against arming the peasants, or of levies en masse, as contrary to the law of nations; but Moser also shows that the Austrians employed the Tyrolese (always familiar with the use of the rifle) in war without any complaint of the adversary.

Since that time most constitutions contain provisions that the people have a right to possess and use arms; everywhere national armies have been introduced, and the military law of many countries puts arms into the hands of all. Austria armed the people as militia in 1805; Russia in 1812; and Prussia introduced the most comprehensive measure of arming the people in 1813. The militia proper was called landwehr, and those who were too old for service in the landwehr were intended to form the landsturm-citizens armed as well as the circumstances might permit, and to be used for whatever military service within their own province they might be found fit. It is true that the French threatened to treat them as brigands-that is to say, not to treat them as prisoners of war if captured. The French, however, were expelled from Germany and no opportunity was given to test their threat.

I believe it can be said that the most recent publicists and writers on international law agree that the rising of the people to repel invasion entitles them to the full benefits of the law of war, and that the invader cannot well inquire into the origin of the armed masses opposing him-that is to say, he will be obliged to treat the captured citizens in arms as prisoners of war so long as they openly oppose him in respectable numbers and have risen in the yet uninvaded or unconquered portions of the hostile country.

Their acting in separate bodies does not necessarily give them a different character. Some entire wars have been carried on by separate bands or capitaneries, such as the recent war of independence of Greece. It is true, indeed, that the question of the treatment of prisoners was not discussed in that war, because the Turkish Government killed or enslaved all prisoners; but I take it that a civilized government would not have alloyed the fact that the Greeks fought in detached parties and carried on mountain guerrilla to influence its conduct toward prisoners.

I may here observe that the question how captured guerrilleros ought to be treated was not much discussed in the last century and, comparatively, the whole discussion in the law of war is new. This will not surprise us when we consider that so justly celebrated a publicist as Bynkershoeck defended, as late as the beginning of last century, the killing of common prisoners of war.

It does not seem that, in the case of a rising en masse, the absence of a uniform can constitute a difference. There are cases, indeed, in which the absence of a uniform may be taken as very serious prima facie evidence against an armed prowler or marauder, but it must be remembered that a uniform dress is a matter of impossibility in a levy en masse; and in some cases regulars have had no uniforms, at least for a considerable time. The Southern prisoners made at Fort Donelson, whom I have seen at the West, had no uniforms. They were indeed dressed very much alike, but it was the uniform dress of the countryman in that region. Yet they were treated by us as prisoners of war, and well treated, too. Nor would it be difficult to adopt something {p.307} of a badge, easily put on and off, and to call it a uniform. It makes a great difference, however, whether the absence of the uniform is used for the purpose of concealment or disguise, in order to get by stealth within the lines of the invader, for destruction of life or property, or for pillage, and whether the parties have no organization at all, and are so small that they cannot act otherwise than by stealth. Nor can it be maintained in good faith, or with any respect for sound sense and judgment, that an individual-an armed prowler-(now frequently called a bushwhacker) shall be entitled to the protection of the law of war simply because he says that he has taken up his gun in defense of his country, or because his government or his chief has issued a proclamation by which he calls upon the people to infest the bushes and commit homicides which every civilized nation will consider murders. Indeed, the importance of writing on this subject is much diminished by the fact that the soldier generally decides these cases for himself. The most disciplined soldiers will execute on the spot an armed and murderous prowler found where he could have no business as a peaceful citizen. Even an enemy in the uniform of the hostile army would stand little chance of protection if found prowling near the opposing army, separate from his own troops at a greater than picket distance, and under generally suspicious circumstances. The chance would, of course, be far less if the prowler is in the common dress worn by the countryman of the district. It may be added here that a person proved to be a regular soldier of the enemy’s army found in citizens’ dress within the lines of the captor is universally dealt with as a spy.

It has been stated that the word guerrilla is not only used for individuals engaged in petty war, but frequently as an equivalent of partisan. General Halleck, in his International Law, or Rules Regulating the Intercourse of States in Peace and War, San Francisco, 1861, page 386 et seq., seems to consider partisan troops and guerrilla troops as the same, and seems to consider “self-constitution” a characteristic of the partisan; while other legal and military writers define partisan as I have stated, namely, a soldier belonging to a corps which operates in the manner given above. I beg the reader to peruse that passage, both on account of its own value and of the many important and instructive authorities which he will find there. They are collected with that careful industry which distinguishes the whole work.

Dr. T. D. Woolsey, page 299 et seq., of his Introduction to the Study of International Law, Boston, 1860, says:

The treatment which the milder modern usage prescribes for regular soldiers is extended also to militia called out by public authority. Guerrilla parties, however, do not enjoy the full benefit of the laws of war. They are apt to fare worse than either regular troops or an armed peasantry. The reasons for this are, that they are annoying and insidious; that they put on and off with ease the character of a soldier, and that they are prone themselves to treat their enemies who fall into their hands with great severity.

If the term partisan is used in the sense in which I have defined it, it is not necessary to treat of it specially. The partisan in this sense is, of course, answerable for the commission of those acts to which the law of war grants no protection, and by which the soldier forfeits being treated as a prisoner of war if captured.

It is different if we understand by guerilla parties, self-constituted sets of armed men in times of war, who form no integrant part of {p.308} the organized army, do not stand on the regular pay-roll of the army, or are not paid at all, take up arms and lay them down at intervals, and carry on petty war (guerrilla) chiefly by raids, extortion, destruction, and massacre, and who cannot encumber themselves with many prisoners, and will therefore generally give no quarter.

They are peculiarly dangerous because they easily evade pursuit, and by laying down their arms become insidious enemies; because they cannot otherwise subsist than by rapine, and almost always degenerate into simple robbers or brigands. The Spanish guerrilla bands against Napoleon proved a scourge to their own countrymen, and became efficient for their own cause only in the same degree in which they gradually became disciplined. The Royalists in the north of France during the first Revolution, although setting out with sentiments of loyal devotion to their unfortunate king, soon degenerated into bands of robbers, while many robbers either joined them or assumed the name of Royalists. Napoleon states that their brigandage gave much trouble and obliged the Government to resort to the severest measures.

For an account of the misdeeds and want of efficiency of the Spanish guerrilleros, the reader is referred to Napier’s Peninsular War, and especially to Chapter II, Book XVII, while he will find, in Guizot’s Memoirs, Volume IV, page 100 et seq., that in the struggle between the Christinos and Carlists the guerrilla parties under Mina and Zumalacarreguy regularly massacred their mutual prisoners, until the evil became so revolting to the Spaniards themselves that a regular treaty was concluded between the parties, stipulating the exchange of prisoners immediately after being made. How the surplus on the one or the other side was dealt with I do not know, but the treaty, concluded after the butchering of prisoners had been going on for a long time, is mentioned in all the histories of that period.

But when guerrilla parties aid the main army of a belligerent it will be difficult for the captor of guerrillamen to decide at once whether they are regular partisans, distinctly authorized by their own government; and it would seem that we are borne out by the conduct of the most humane belligerents in recent times, and by many of the modern writers, if the rule be laid down, that guerrillamen, when captured in fair fight and open warfare, should be treated as the regular partisan is, until special crimes, such as murder, or the killing of prisoners, or the sacking of places, are proved upon them, leaving the question of self-constitution unexamined.

The law of war, however, would not extend a similar favor to small bodies of armed country people, near the lines, whose very smallness shows that they must resort to occasional fighting and the occasional assuming of peaceful habits, and to brigandage. The law of war would still less favor them when they trespass within the hostile lines to commit devastation, rapine, or destruction. Every European army has treated such persons, and it seems to me would continue, even in the improved state of the present usages of war, to treat them as brigands, whatever prudential mercy might decide upon in single cases. This latter consideration cannot be discussed here; it does not appertain to the law of war.

It has been stated already that the armed prowler, the so-called bushwacker, is a simple assassin, and will thus always be considered by soldier and citizen; and we have likewise seen that the armed {p.309} bands that rise in a district fairly occupied by military force, or in the rear of an army, are universally considered, if captured, brigands, and not prisoners of war. They unite the fourfold character of the spy, the brigand, the assassin, and the rebel, and cannot-indeed, it must be supposed, will not-expect to be treated as a fair enemy of the regular war. They know what a hazardous career they enter upon when they take up arms, and that were the case reversed they would surely not grant the privileges of regular warfare to persons who should thus rise in their rear.

I have thus endeavored to ascertain what may be considered the law of war or fair rules of action toward so-called guerrilla parties. I do not enter upon a consideration of their application to the civil war in which we are engaged, nor of the remarkable claims recently set up by our enemies, demanding us to act according to certain rules which they have signally and officially disregarded toward us. I have simply proposed to myself to find a certain portion of the law of war. The application of the laws and usages of war to wars of insurrection or rebellion is always undefined, and depends upon relaxations of the municipal law, suggested by humanity or necessitated by the numbers engaged in the insurrection. The law of war, as acknowledged between independent belligerents, is at times not allowed to interfere with the municipal law of rebellion, or is allowed to do so only very partially, as was the case in Great Britain during the Stuart rebellion, in the middle of last century; at other times, again, measures are adopted in rebellions, by the victorious party or the legitimate government, more lenient even than the international law of war. Neither of these topics can occupy us here, nor does the letter prefixed to this tract contain the request that I should do so. How far rules which have formed themselves in the course of time between belligerents might be relaxed with safety toward the evil-doers in our civil war, or how far such relaxation or mitigation would be likely to produce a beneficial effect upon an enemy who in committing a great and bewildering wrong seems to have withdrawn himself from the common influences of fairness, sympathy, truth, and logic-how far this ought to be done at the present moment must be decided by the executive power, civil and military, or possibly by the legislative power. It is not for me in this place to make the inquiry. So much is certain, that no army, no society engaged in war, any more than a society at peace, can allow unpunished assassination, robbery, and devastation without the deepest injury to itself and disastrous consequences which might change the very issue of the war.

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PITTSBURG, PA., August 6, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.:

Can anything be done by the Government to relieve railway employés from draft in the same manner as telegraph officers? The organization of principal lines, all of which have been declared under Government control, will be seriously impaired, if not entirely disorganized, unless the Government will consider employés exempt from draft. Please answer.

THOS. A. SCOTT, Vice-President Pennsylvania Railroad.

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WAR DEPARTMENT, Washington, D. C., August 6, 1862.

THOMAS A. SCOTT, Esq., Pittsburg:

An order similar in principle to that in respect to railroads might be made for those on which Government transportation is carried on, but it ought to be carefully guarded, as too many persons would seek its shelter. I would like to have your notion in the form of an order, and will endeavor to make one that may meet the case. Adams Express Company encouraged their employés to enlist in the service, and I think any order in respect to railroads ought to be as limited to actual necessity, or it may provoke hostility in the public mind.

EDWIN M. STANTON, Secretary of War.

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PITTSBURG, PA., August 6, 1862.

E. S. SANFORD:

The telegraph is a very good thing, but you cannot carry men or munitions of war. Does not the Secretary think railways as essential to aid prosecuting the war as telegraphs, and if so must we not have to work them experts-men of experience and detail-and if so should not this class of men be exempt? I assure you this question is assuming a serious aspect. I hope the Secretary will not consider that I am, like newspapers, assuming to advise.

G. W. CASS.

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WAR DEPARTMENT, Washington City, D. C., August 6, 1862.

GEORGE W. CASS, Esq., Pittsburg:

I have for some days been considering the question of military service as to railroad employés, and recognize the justice of the principle so far as it is applicable to them equally as to telegraph operators, provided it can be properly limited. Your views on the subject would be thankfully received, for I am anxious to be enlightened upon this as upon every other official duty. The principle that exempts telegraph operators is that they serve the Government in a special art known to but few persons, whose places cannot be supplied. The same principle might justly extend to engineers of locomotives, conductors, and brakesmen, but how much further it should go is a point of difficulty on which I would be glad to be informed.

EDWIN M. STANTON, Secretary of War.

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WASHINGTON, D. C., August 6, 1862.

THOMAS A. SCOTT, Vice-President Railroad Company, Pittsburg:

Telegraph operators have already been exempted from draft. There is strong opposition to exempting railroad employés, and I do not know what will be the decision.

H. W. HALLECK, General-in-Chief.

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WAR DEPARTMENT, Washington, D. C., August 6, 1862.

Governor YATES, Chicago:

General Halleck having decided that the Government is already amply provided with artillery the Department will not receive any more batteries.

EDWIN M. STANTON, Secretary of War.

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INDIANAPOLIS, August 6, 1862.

Hon. P. H. WATSON:

Our cavalry regiment is full. When and from what place will the arms and equipments be shipped to us? Most of our fourteen regiments are full, and all will be before the arms can be here. Send us our proportion of Springfield rifles first. We have never had but a few.

W. R. HOLLOWAY, Governor’s Secretary.

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WAR DEPARTMENT, Washington City, D. C., August 6, 1862.

W. R. HOLLOWAY, Governor’s Secretary, Indianapolis:

How many enlisted men have been mustered into the U. S. service in each regiment of cavalry and infantry; and what is the number of each regiment now full? The arms will be forwarded as soon as this information is furnished. The delay that has taken place enables the Department to send a larger proportion of the best arms than could have been sent two weeks since.

P. H. WATSON, Assistant Secretary of War.

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CLINTON, IOWA, August 6, 1862.

SECRETARY OF WAR:

In drafting will not telegraphic operators be exempt in your orders to Governors of States? Allow me to suggest that in the quota furnished from counties and townships you should direct allowance to those which have furnished their quota. Some townships have done well, some nothing.

N. B. BAKER, Adjutant-General.

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LEAVENWORTH, KANS., August 6, 1862.

Hon. E. M. STANTON:

I am receiving negroes under the late act of Congress. Is there any objection? Answer by telegraph. Soon have an army.

J. H. LANE, Commissioner of Recruiting.

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OFFICE RECRUITING COMMISSION, DEPT. OF KANSAS, Leavenworth City, August 6, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

SIR: I have the honor to inclose, for the consideration of the Department, General Orders, No. 2, to-day issued from this office.

By order of James H. Lane, commissioner of recruiting:

T. J. WEED, Major find Assistant Adjutant-General.

[First indorsement.]

AUGUST 15, 1862.

Referred to Major-General Halleck.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

[Second indorsement.]

AUGUST 18, 1862.

The law of July 17, 1862, authorizes the President only to receive into the military service of the United States persons of African descent. As the President has not authorized recruiting officers to receive into the service of the United States such persons for general military purposes, the inclosed order of General Lane is without the authority of law.

H. W. HALLECK, General-in-Chief.

[Inclosure.]

GENERAL ORDERS, No. 2.}

OFFICE RECRUITING COMMISSION, DEPARTMENT OF KANSAS, Leavenworth City, August 6, 1862.

That persons of African descent who may desire to enter the service of the United States in this department shall fully understand the terms and conditions upon which they will be received into such service, recruiting officers who are authorized, under instructions from this office, to receive such persons, shall before receiving them read to them and in their presence the following sections of the act entitled “An act to amend the act calling for the militia to execute the laws of the Union, suppress and repel invasions,” approved February 28, 1795, and the acts amendatory thereto, and for other purposes, approved July 17, 1862, as follows:

SEC. 12. And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or [performing] camp service, or any other labor, or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.

SEC. 13. And be it further enacted, That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who during the present rebellion has levied war, or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother, and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Provided, That the mother, wife, and children of such man or boy of African descent shall not be made free by the operation of this act, except where such mother, wife, or children owe service or labor to some person who during the present rebellion has borne arms against the United States, or adhered to their enemies by giving them aid and comfort.

{p.313}

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By order of James H. Lane, commissioner of recruiting, Department of Kansas:

T. J. WEED, Major and Assistant Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., August 6, 1862.

Governor WASHBURN, Augusta, Me.:

Your regiments will be paid the bounty before leaving the State. The scarcity of officers and the demand for them in the field prevents as many being sent to each State as I desire, but the Adjutant-General has been ordered to send two more mustering officers to your State.

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, Washington City, D. C., August 6, 1862.

His Excellency DAVID TOD, Governor of Ohio, Columbus:

What rules and regulations do you desire the President to adopt to facilitate recruiting for regiments in the field? Please send a copy of them to this Department. All possible facilities will be furnished to you.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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PHILADELPHIA, PA., August 6, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

I have the honor to submit the following resolution, unanimously adopted this morning:

Resolved, That in the opinion of this committee it will be highly prejudicial to the success of recruitment for old regiments in Philadelphia to retain recruits in large numbers at this station, and that the Secretary of War be requested to direct that such recruits be forwarded to their respective regiments in squads as they are mustered into service.

Respectfully, your obedient servant,

THOMAS WEBSTER, Vice-Chairman Citizens’ Bounty Fund Committee.

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BRATTLEBOROUGH, VT., August 6, 1862.

Hon. EDWIN M. STANTON:

The Governor will issue an order to State officers conforming to yours of 31st of July. On the receipt of the official copy this State will respond to the calls of the Government with alacrity. I would advise that the Postmaster-General should bring your order to the notice of the postmasters throughout the country. I will be in Maine to-morrow.

S. DRAPER.

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WAR DEPARTMENT, Washington City, D. C., August 6, 1862.

His Excellency E. SALOMON, Governor of Wisconsin, Madison:

The President declines to receive Indians or negroes as troops.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

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MADISON, WIS., August 6, 1862.

E. M. STANTON:

General Sigel has called upon me for a regiment. I wish to know whether that regiment is still contemplated under the late orders to fill the quota by 15th or to draft; also, whether that regiment is to be considered as within our quota of three-year volunteers; also, whether the five regiments heretofore called for are all of our quota of the first 300,000; also, whether volunteer companies for nine months are to be received.

E. SALOMON, Governor of Wisconsin.

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Statement showing the number of troops that hare been mustered into the service from the loyal States, as taken from rolls for master into service.

State.Regiments ofAggregate of men mustered in.Date when last regiments were completed from each State.
Cavalry.Artillery.Infantry.
Maine17/121413,076Dec. 3, 1861
New Hampshire1/1276,536Dec. 14, 1861
Vermont12/1288,772July 9, 1862
Massachusetts112627,941Dec. 30, 1861
Rhode Island12*25/114,968Dec. 14, 1861
Connecticut11010,012Feb. 18, 1862
New York101/1262/12105106,606Apr. 16, 1862
New Jersey12/121010,264Jan. 23, 1862
Pennsylvania114/1222/127680,626May 27, 1862
Delaware32,459Mar. 26, 1862
Maryland12/12109,301Mar. 19, 1862
District of Columbia21,413Feb. 24, 1862
Virginia23/121111,681June 16, 1862
Ohio67/1218076,621Apr. 8, 1862
Kentucky54/122/122829,203Mar. 10, 1862
Tennessee21,740Mar. 1, 1862
Minnesota3/122/1254,619Apr. 30, 1862
Michigan33/121719,095Mar. 20, 1862
Wisconsin311922,263Apr. 30, 1862
Iowa42/121718,667Apr. 16, 1862
Illinois1426064,761May 28, 1862
Indiana315/125149,916May 28, 1862
Missouri523/122123,381Apr. 2, 1862
Kansas288,210Apr. 27, 1862
Nebraska3/1211,000Nov. 18, 1861
Colorado2/1211,303Aug. 26, 1861
New Mexico1775Aug. 6, 1861
California255,597Nov. 13,1851
Missouri State Militia**148/122/12113,514Apr. 1, 1862
Equal to9211/12221/12*6026/12634,320

THOMAS M. VINCENT, Assistant Adjutant-General.

WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE, August 6, 1865.

* Sic.

** Mustered in for during the war in Missouri.

{p.315}

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GENERAL ORDERS, No. 97.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, August 7, 1862.

I. Commanders of volunteer regiments are reminded that the clothing accounts of their men must be settled after they have been one year in service, and the balance stated on the first subsequent muster-roll. Where this has not already been done at the June muster, the omission must be supplied on the next rolls for pay or they cannot be recognized as valid.

II. Parcels directed to the Adjutant-General of the Army will hereafter be marked on the right-hand upper corner in a way to indicate their contents. Those pertaining to the Volunteer Recruiting Service will be so marked, to distinguish them from those relating to the Regular Service, which are examined in a different office. Packages containing certificates of disability, regular and volunteer muster-rolls, returns, &c., will all be marked in like manner.

III. The attention of sutlers and all others concerned is directed to the second section of the act of March 3, 1855, which provides that it shall not be lawful for any postmaster or other person to sell any postage stamp or stamped envelope for any larger sum than that indicated upon the face of such postage stamp, or for any larger sum than that charged therefor by the Post-Office Department; and that any person who shall violate this provision shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten nor more than five hundred dollars.

By order of the Secretary of War:

E. D. TOWNSEND, Assistant Adjutant-General.

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ROCHESTER, PA., August 7, 1862.

Hon. EDWIN M. STANTON, Secretary of War:

Received your message when leaving Pittsburg. I will write you from Steubenville this evening and give my views of form of order.

THOS. A. SCOTT, Vice-President.

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CHICAGO, August 7, 1862.

Hon. E. M. STANTON:

As the draft for soldiers is calculated to seriously embarrass the operations of the various railroads of the country by obstructing the services of engineers and machinists, which are indispensable, and looking to the vast importance of maintaining without interruption the facilities of the transportation, not only necessary to the military operations of the Government, but the commerce of the country, we respectfully ask your early consideration of extending an exemption of engineers, machinists, and other experts employed by railroads against draft, which can by no possibility be replaced without months of previous instruction.

JAS. ROBB, Receiver Saint Louis, Alton and Chicago Railroad. G. L. DUNLAP, Superintendent Chicago and Northwestern Railroad. MAHONE D. OGDEN, President Chicago and Milwaukee Railroad. E. B. TALCOTT, General Superintendent Galena and Chicago Railroad. C. G. HAMMOND, Gen. Sup. Chicago, Burlington and Quincy Railroad, Chicago, III.

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CHICAGO, ILL., August 7, 1862.

Hon. E. M. STANTON, Secretary of War:

Since the orders for drafting large numbers of citizens are leaving this city to escape the draft, and it is strongly urged upon me to ask you for authority to declare martial law again. There is an urgent and almost unanimous demand from the loyal citizens that the Chicago Times should be immediately suppressed for giving aid and comfort to the enemy. I solicit an immediate answer. Do not delay, for I fear the people will take into their hands the power which should only be used under the authority of your Department.

RICHARD YATES, Governor.

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SPRINGFIELD, August 7, 1862-11.20 p.m. (Received 2.20 a.m. 8th.)

Hon. E. M. STANTON:

I have the honor to inform you that at least 25,000 volunteers are already enrolled in this State in response to the call for 300,000 three-years’ men. I beg you to inform me the quota belonging to this State under this call. Thousands of our people are now offering themselves under the last call, and are demanding they shall not be drafted. They are ready to enlist, and I do not hesitate [to say] that if you will assign us also our quota under the last call no enrollment nor draft of our militia will be required. Fifty thousand from this State can be put into camp in this State by the 1st of next mouth if we can accept them. They, however, need quartermaster’s stores and arms immediately, and I beg of you that they be supplied. If they are disappointed and refused permission now to enlist and be provided the reaction in a few days will be terrible. What can we say to them immediately?

ALLEN C. FULLER, Adjutant-General.

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WAR DEPARTMENT, August 7, 1862.

His Excellency O. P. MORTON, Governor of Indiana, Indianapolis:

Six thousand three hundred Springfield rifle muskets to arm nine regiments, and 5,400 European rifle muskets of superior quality to arm six regiments, with all the necessary accouterments, have been ordered to Indianapolis by fast trains. Also cavalry equipments and pistols and sabers for a regiment. We have no carbines at this time, but will have them soon.

P. H. WATSON.

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INDIANAPOLIS, IND., August 7, 1862.

Hon. E. M. STANTON, Secretary of War:

The regiments I am now raising in the new quota, according to the reports of commanders of camps, stand thus: Sixty-fifth, Evansville, 800 men; Sixty-sixth, New Albany, 690 men; Sixty-seventh, Madison, {p.317} 900 men; Sixty-eighth, Greensburg, 850 men; Sixty-ninth, Richmond, 1,040 men; Seventieth, Indianapolis, 1,200 men; Seventy-first, Terre Haute, 1,040 men; Seventy-second, Lafayette, 1,100 men; Seventy-third, South Bend, 1,040 men; Seventy-fourth, Fort Wayne, 1,040 men; Seventy-fifth, Wabash, 1,040 men; Seventy-seventh (cavalry), 1,250 men; Twelfth Indiana Regiment, reorganizing, 850; Sixteenth Indiana, reorganizing, 700. Another regiment is projected, the Seventy-ninth, which I believe, with all the others, will be full this week. Many of the men recruited are on furlough, but will be in camp this week. All have, however, been mustered in by the lieutenants who recruited them.

O. P. MORTON, Governor.

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WAR DEPARTMENT, Washington City, D. C., August 7, 1862.

Governor MORTON, Indianapolis:

Well done, Indiana.

EDWIN M. STANTON, Secretary of War.

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CLINTON, IOWA, August 7, 1862.

Hon. E. M. STANTON, Secretary of War:

Will State authorities in drafting be allowed to discriminate in favor of townships and counties that have furnished their full quotas? This is important, as in some localities volunteering goes on rapidly and in others not at all.

S. J. KIRKWOOD, Governor.

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FRANKFORT, Ky., August 7, 1862.

General C. P. BUCKINGHAM, Assistant Adjutant-General:

Our returns of enrolled militia are nearly complete; will be ready in a few days. I am awaiting instructions. Enlistments are greatly facilitated by the draft. Send me our quota under last call for 300,000 and quota under order to draft.

JOHN W. FINNELL, Adjutant-General.

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WAR DEPARTMENT, Washington City, D. C., August 7, 1862.

Governor ISRAEL WASHBURN, Jr., Augusta, Me.:

SIR: If the enrollment of militia has not been commenced in your State please let it be done immediately. Take the names of all able-bodied citizens between eighteen and forty-five years of age by counties. If State laws do not provide officers, appoint them, and the {p.318} United States will pay all reasonable expenses. The lists should contain age, occupation, and all important facts in each case.

By order of the Secretary of War:

C. P. BUCKINGHAM, Brigadier-General and Assistant Adjutant-General.

(Same to Governors Nathaniel S. Berry, Frederick Holbrook, John A. Andrew, Andrew G. Curtin, Charles S. Olden, William Burton, Richard Yates, Alexander Ramsey, Austin Blair, Edward Salomon, F. H. Peirpoint, H. R. Gamble, A. W. Bradford, and Hon. J. B. Temple, president Military Board, Frankfort, Ky.)

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AUGUSTA, ME., August 7, 1862.

Hon. E. M. STANTON, Secretary of War:

Our enrollment made; contains name, date of birth, and residence, and organized into companies by the election of officers. Regimental organization not completed. Will this enrollment answer? When companies are called out for draft the other facts can be obtained. Do you want full copies of enrollments, including name, &c., furnished your Department? Will the method and form of drafting and the officering of regiments and companies be under the laws of the State or under regulations of the Department? The companies for the fifth regiment are already organized and will be in place of rendezvous by the 15th.

I. WASHBURN, JR.

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WAR DEPARTMENT, Washington City, D. C., August. 7, 1862.

His Excellency ISRAEL WASHBURN, Jr., Governor of Maine, Augusta:

Organize the fifth regiment, if it can be done, before the 15th. Recruit the old regiments as fast as possible. The draft